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This agreement is between Jennings Tent Company Inc., doing business as JTC Service & Rentals ("JTC"), Shingle Springs, California, and the renter named above. Rates, delivery fees and any deposit are as quoted by JTC for this rental.
1. Rental period and payment
- The rental starts when the equipment is delivered or picked up and ends when JTC has it back, inspected, at the agreed location.
- A day is 24 hours, a week is 7 days and 4 weeks is 28 days. Payment is due before delivery unless JTC agrees in writing to bill later.
- Equipment returned late is charged one extra day at the daily rate for each day or part of a day, until it is returned.
- Any security deposit is refunded within 10 days after return, less charges allowed by this agreement.
2. Condition, use and care
- The renter has inspected the equipment, or will on delivery, and accepts it in good working order unless problems are noted in writing at that time.
- Use the equipment only for its normal purpose, within its rated capacity, following the manufacturer's instructions and all laws.
- Do not sublease, move to another site, modify, or let unqualified people operate the equipment.
- Report any breakdown, damage, theft or accident to JTC right away at 530-306-5826. Do not repair the equipment without JTC's approval.
- JTC may inspect the equipment or take it back at any time if it is being misused or the renter is in default.
3. Equipment-specific rules
- Generators: run only outdoors, at least 20 feet from doors, windows and vents (carbon monoxide). Connections to a building or panel must be made by a licensed electrician. Never back-feed a utility service. Return the fuel at the level delivered, or pay for the missing fuel plus a refueling fee.
- Tents: not rated for high wind, rain pooling, snow or fire. Take sidewalls down and leave the tent when sustained winds reach 20 mph or a storm approaches. The renter is responsible for permits and fire marshal approval, and must call 811 (USA North) at least 2 working days before any staking. No open flame, cooking or heaters in a tent unless JTC approves in writing. Do not cut, tape or nail anything to the tent.
- Telehandler: only a trained, qualified operator may run it. Follow the load chart, wear a seat belt, carry no people on the forks unless using an approved platform, and stay away from overhead power lines. The renter is responsible for damage from tipping, overloading, impact or rough terrain.
- Balloon lights: do not use in sustained wind above 15 mph. Keep tied down and away from trees, power lines and vehicles.
4. Damage waiver (optional)
The damage waiver is not insurance. If accepted, JTC will not charge the renter for accidental damage to the rented equipment, as long as the renter follows this agreement. The charge is 10% of the rental charges. It does not cover theft, loss or equipment not returned; misuse, overloading, wrong fuel, running dry of oil or coolant, or use by an unqualified operator; intentional or reckless damage; weather damage to tents left up in unsafe conditions; tires, glass, tent fabric cuts, consumables or missing parts; injury or damage to anyone or anything other than the equipment; or damage not reported to JTC within 24 hours. If the renter declines the waiver, the renter is fully responsible for all loss of or damage to the equipment, including repair or replacement cost, towing, and lost rental income while it is out of service.
5. Cancellation and changes
- More than 48 hours before delivery or pickup: free cancellation, and any deposit is refunded in full.
- 48 hours or less before delivery or pickup: a cancellation fee of 50% of the first day's rental rate.
- No-show, or site not ready or not accessible when JTC arrives: one day's rental rate plus the delivery fee.
- Changes to dates or equipment made more than 48 hours ahead are free, subject to availability. No refund for unused days on early return unless JTC agrees in writing.
- If JTC cancels for any reason, including weather, unsafe site conditions, mechanical failure or unavailable equipment, the renter gets a full refund of amounts paid for that rental or a free reschedule.
- If the renter cancels because of a storm, fire or smoke event and calls JTC before delivery, the cancellation fee is waived.
6. Risk of loss, insurance and indemnity
- The renter is responsible for the equipment from delivery until JTC takes it back, including theft or loss, except where the damage waiver applies.
- On request, the renter will carry liability insurance for its use of the equipment and name JTC as additional insured.
- The renter will defend and hold harmless JTC from claims, damages and costs arising from the renter's use of the equipment, except to the extent caused by JTC's own negligence or a known defect in the equipment.
- To the extent California law allows, JTC's liability is limited to the amount the renter paid for the rental, and JTC is not liable for lost profits or indirect damages. Nothing here limits liability for JTC's gross negligence or willful conduct. JTC gives no warranty of fitness for a particular purpose beyond what the law requires.
7. Default, charges and disputes
- If the renter fails to pay, misuses the equipment or breaks this agreement, JTC may end the rental and take the equipment back, and the renter pays the costs of recovery.
- Unpaid balances may be charged the highest interest the law allows. The renter pays reasonable collection costs and attorney fees if JTC has to enforce this agreement.
- Cleaning, fuel, refueling, towing and repair costs are charged at JTC's actual cost plus a reasonable handling fee.
- California law governs. Disputes will be heard in El Dorado County, California.
- This is the whole agreement. Changes must be in writing and signed by both parties. If a part is unenforceable, the rest stays in force. Electronic signatures and copies are valid.
Choose one. The waiver costs 10% of the rental charges and is not insurance.