Terms & Conditions
This Rental Agreement is made between THE FRENCH ECLECTIC, LLC (TFE), a Charleston limited liability company and the RENTER. The Parties agree to the following terms and conditions:
1. Rental Items
The French Eclectic agrees to rent to the Renter items chosen and agreed upon by both parties, which is incorporated by reference and made a part of this Agreement. Written modifications to the rental agreements may be made by TFE only, to indicate any changes, subject to the provisions in Section 3 herein, entitled “CHANGES AND CANCELLATIONS”.
2. Fees & Payment
Renter agrees to pay the total fee(s) specified on the rental agreement (or as indicated in any subsequent amended invoice), along with applicable sales tax, delivery charges and/or other charges as stated in the invoice. The Rental Items are not reserved for the Event Date until this Agreement has been signed and returned with a non-refundable Retainer Fee equal to 50% of the total invoice amount. Payment of the retainer may be made via credit/debit card or with a personal check if received by TFE within 7 days of signed Agreement. The remaining balance is due thirty (30) days prior to the Event Date. In the event that Renter does not pay the remaining balance 30 days prior to the service date, TFE has the right to charge the remaining balance to the credit card on file. Renter agrees to pay all costs of collection, including court costs and attorney's’ fees, incurred by TFE in connection with collecting any past due Payments or enforcing TFE’s terms and conditions. All Fees are for time out and away from TFE's possession, regardless of whether the items are actually used for Renter’s Event. No refunds will be given for unused Rental Items or cancelled reservations unless applicable under the Cancellation policy below. Late charges may apply on a per-day basis for Rental Items not returned on the date specified in the Invoice. TFE has the right to charge the card on file at the rate of twenty-five percent (25%) per day of the total rental cost specified in the attached invoice for the unreturned Rental Items.
3. Changes, Cancellations & Postponement
CHANGES TO INITIAL AGREEMENT:
Should Renter wish to cancel the rental of some, but not all, Rental Items, or make substitutions for certain Rental Items, in no event shall the total Fee be less than the original amount indicated in the attached invoice. Should such changes be made, an amended Invoice will be sent to Renter. Renter is to acknowledge and accept such changes by way of an electronic signature. Once a payment has been submitted, there will be no refunds for cancellations of any Rental Items (including substitutions).
CANCELLATION OF AGREEMENT:
Should Renter wish to cancel this Agreement in full for any reason, including cancellation or postponement of the Event or a change of heart regarding using TFE’s Rental Items and/or Styling Services, Renter agrees to the following conditions:
All cancellations must be made in writing (which includes email communication as long as receipt is acknowledged by TFE).
The 50% Retainer fee identified in this Agreement shall be non-refundable regardless of when the notice of cancellation is given.
For cancellations made less than thirty (30) days prior to the Event Date, Renter is responsible for payment of the remaining balance, due to TFE within five (5) business days of the notice of cancellation.
Should Renter’s Event be postponed for any reason other than a force majeure event (as specified in Section 11 herein), TFE may, at its discretion, negotiate with Renter to attempt to reschedule the rental of the Rental Items, but there is no guarantee that the identical items will be available or that TFE will accommodate such rescheduling.
Specific delivery times must be finalized no later than fifteen (15) days prior to the Event. The Delivery Fee, if any, indicated on your Invoice is determined by the Rental Items included in your order (adding or changing Rental Items may increase the Delivery Fee). The Delivery Fee covers Rental Items that are delivered/picked up at one central (level) area within 50 feet of TFE’s delivery vehicle. Rental Items being carried further or up multiple levels of stairs by TFE staff are subject to a surcharge.
Will-call orders must be approved by a TFE staff member with an advance notice of at least 2 weeks. Will-call Items can be picked up by appointment only in a covered vehicle and must be prearranged.
5. Damage to Rental Items
All Rental Items are examined by TFE prior to release to Renter, and Renter (or Renter’s representative, such as a professional event coordinator) must inspect all Rental Items upon receipt and prior to the departure of TFE's delivery staff. If damage is discovered by Renter at the time of delivery or pick up, Renter must notify TFE immediately. Damages include broken, chipped, cracked or stained items beyond normal wear and tear. If possible, TFE will provide a replacement for any damaged Rental items prior to the Event start time. If Renter is not satisfied with the replacement options, they have a right to request a refund for that particular item instead of receiving a replacement. Refunds will not be given for other rented items, only damaged pieces that do not receive a replacement. Any damages occurring after the Rental Items are delivered by TFE, including damage occurring as a result of any person other than TFE representatives moving the Rental Items; damages occurring during the Event; damages following the Event (i.e. cleaning off or packing up of Rental Items), are the sole responsibility of Renter, whether actually caused by Renter or by Renter's guest, Event venue staff, or third party vendors.
Should an item be deemed damaged, lost or stolen Renter shall be responsible for the full cost of replacement, repair and/or cleaning and loss of use for all items. Replacement fees for unsalvageable or unreturned items will be assessed at four (4) times their rental rate. Full replacement fees are also applicable for any packaging supplies not returned, including but not limited to plastic totes, moving blankets, crates, and disk racks. Unless other payment arrangements have been made, the credit card on file will be charged for any damages or cleaning fees within seven (7) days following discovery by TFE staff or notification by Renter or Renter’s representative, whichever is sooner. All damaged items remain the property of TFE and must be returned to TFE.
6. Additional Requirements & Understanding
Renter understands that many of TFE's rental items are well-loved vintage pieces with normal imperfections due to age. Renter has the right to request a viewing of any inventory items they wish to rent before signing the rental agreement. Once the agreement has been signed, If no viewing was requested, Renter agrees to accept rental itemsas is upon receipt. No partial or full refunds will be granted for any normal wear and tear or noticeable imperfections. Upon receipt of inventory, a TFE staff member will conduct a walk through of all rental items giving the Renter the opportunity to record any noticeable markings to protect the Renter from being held responsible for those imperfections.
If candles are used the Renter is responsible for any damages caused to rental items. You may use LED tea lights as a safe alternative.
If liquid chalk or any other permanent materials are used and chalkboards need to be repainted, Renter is responsible for a $30 repainting fee per chalkboard.
Under no circumstance should any rented items including but not limited to; tables, benches, upholstered seating, decor items, or any other furnishings be kept outside overnight.
Once rented items leave the care of TFE staff (post delivery or will-call pick up), Renter is 100% responsible for the safety and care of all items until returned to TFE staff.
Due to sudden changes in weather, Renter is 100% responsible for the care/relocation of all rental items to a covered/protected area if deemed necessary. Should the use of rented items be designed for an outdoor space with exposure to the elements, Renter is 100% responsible for having an alternative indoor/covered space to set up rented items in case of inclement weather. No partial or full refunds will be granted if weather prohibits the Renter from using the rented items as originally planned. Items damaged by elements including by not limited to; rain, wind, snow, sleet, debris, is solely the responsibility of the Renter who will be charged for all damage and cleaning fees.
Smoking is not permitted while sitting on or standing around upholstered furniture. If rental items are returned smelling of smoke, a $100 minimum deep cleaning fee will be charged to the Renter.
If will-call Rental Items are not picked up within the time-frame noted on the Rental Agreement, and arrangements have not been made in advance, a $30 off-hour/reschedule surcharge will be assessed.
If a rental agreement/contract has been signed and submitted by the Renter, confirmed in writing by TFE and all payments due have been collected in full, the renter is qualified for a full refund or credit if TFE does not deliver/supply the rental items that have been contracted on the set date agreed upon in the rental agreement/contract.
7. Cleaning of Rental Items
All Rental Items are to be returned in the same condition as they were originally received by Renter. TFE charges a 10% Service Fee in addition to the total rental cost to cover the basic cleaning and sanitation. Should upholstered/fabric items become soiled as a result of use at Renter’s Event, Renters may be held responsible for a minimum fee of $200 associated with shampooing/deep cleaning, which will be charged to the credit card on file. Dishware and food service Rental Items are to be rinsed free of food and debris by Renter immediately after use, prior to boxing or re-packaging in the same containers they were received in. Glassware is to be returned mouth down in the original rack received in.
8. Limitation of Liability; Indemnification
Renter agrees that, to the fullest extent permitted by law, TFE's maximum total liability for any claims, breaches or damages by reason of any act or omission shall be limited to the amount of the Rental Fees actually paid by Renter. Renter agrees that, to the fullest extent permitted by law, TFE shall not be liable for any claim for emotional distress, mental anguish, punitive damages, consequential damages, lost profit, loss of enjoyment, lost revenues and/or replacement costs, whether or not foreseeable and/or arising from any negligent act or omission on the part of any person. Renter understands that inherent risks and dangers accompany the use of vintage/antique furniture and other items, and Renter expressly assumes the risk of the use of the Rental Items and agrees to release, indemnify, defend and hold harmless TFE and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Renter’s Event and the actions of Renter and/or Renter’s guests, including but not limited to injuries sustained by Renter and/or Renter’s Event guests while using the Rental Items. Renter acknowledges and agrees that these limitations reflect a fair allocation of risk and that TFE would not enter into this Agreement without these limitations on its liability.
TFE deals in unique and hard-to-find vintage items, and occasionally the need arises to substitute Rental Items with like items due to damage, safety concerns, or other causes. TFE reserves the right to make reasonable, like substitutions when necessary, and shall inform Renter of such substitutions prior to the Event when possible. If the Fee for the substituted item(s) is less than Fee for the originally selected Rental Item(s), TFE will refund to Renter the difference in price, or if no substitution is available, the Fee for the affected Rental Item(s) will be refunded to Renter.
10. Photo Release
Renter grants permission to TFE to use images from Renter’s Event to promote TFE's business, including but not limited to, use on TFE's website, blog and print marketing materials. Renter waives any right to payment, royalties or any other consideration for the use of the images. Renter waives the right to inspect or approve the finished product, including written or electronic copy, wherein Renter’s likeness appears.TFE is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Renter, his/her heirs, representatives, executors, administrators, or any other persons acting on Renter’s behalf or on behalf of the Renter’s estates have or may have by reason of this authorization.
11. Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as natural disasters), government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. Should Renter’s Event be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by TFE, but TFE will use all reasonable efforts to work with Renter to provide the Rental Items at a later date if necessary, subject to the availability of the Rental Items and TFE’s delivery/set-up representatives. Additional fees may be incurred and due to TFE as a result of a rescheduled event for which Rental Items are provided by TFE.
12. General Provisions
Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and supersedes all prior agreements whether oral or written concerning the subject matter of this Agreement.
Modifications: Any modification or amendment to this Agreement requires the mutual consent of the Parties, and must be made in writing and signed by all Parties. The Parties may modify or amend this Agreement by way of email (such as to add or substitute Rental Items), so long as all Parties provide proper acknowledgment of receipt of the email and indicate their acceptance of the revised terms of the Agreement by way of an electronic signature in the following form: “/s/ Party Name”. Email modifications shall not become binding until all Parties have complied with these requirements.
Governing Law; Jurisdiction: The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of South Carolina and the Parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in Charleston County, South Carolina.
Dispute Resolution: Any dispute or claim arising under or in any way related to this Agreement, with the exception of recovery by TFE of any unpaid Rental Fees, damage costs or other payments from Renter (which may be recovered by TFE via collections, small claims court action, or any other legal remedy available to TFE), shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The Parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. All Parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same. Following the unsuccessful resolution by mediation, any dispute or claim arising under or in any way related to this Agreement, with the exception of the recovery by TFE of any unpaid Rental Fees, damage costs or other payments from Renter and any disputes within small claims court jurisdiction, shall be submitted to binding arbitration. The Parties shall select a single arbitrator, and the arbitration shall take place in Charleston County, South Carolina. The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing Party in any arbitration, trial or other proceeding in connection with this Agreement shall be entitled to recover attorneys’ fees, filing fees and related administrative costs from the non-prevailing Party.
No Implied Waiver: The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.
Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Assignability and Parties of Interest: No Party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other Party. Nothing in this Agreement, express or implied, will confer upon any person or entity not a Party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
Counterparts; Signatures: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature
By signing the TFE Rental Agreement, it is assumed that the Renter has read, fully understands and is bound by the Terms and Conditions set forth above.