TERMS & CONDITIONS

• Something Borrowed KC LLC shall mean the Rental Company, its owners, officers, directors, and employees;
• Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees.
• Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice.
• Rental Center shall mean Something Borrowed KC’s showroom or warehouse, or any other facility owned or leased by Something Borrowed KC LLC where the storage, maintenance or transfer of its equipment occurs.

In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:

1. INDEMNITY/HOLD HARMLESS.

Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage.

Customer agrees to hold Something Borrowed KC LLC harmless from and against any and all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.

2. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.

Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.

Customer agrees to release and discharge Something Borrowed KC LLC from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against Something Borrowed KC LLC, which customer otherwise may be entitled to assert.

3. POSSESSION/ TITLE.

Something Borrowed KC LLC agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.

• A payment of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of Something Borrowed KC LLC)
• A signed & dated copy of these Terms and Conditions; and
• A signed & dated rental agreement

Customer’s right to possession of the rental items:

• Rental is Friday-Monday.
• Begins when the rental items leave the rental center in the care of the customer, or when the customer accepts and signs for the delivery of the rental items upon delivery.
• In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
• The rental agreement terminates once Something Borrowed KC LLC has regained possession of the rental equipment.
• Any extension of the agreement must be agreed upon by Something Borrowed KC LLC in writing.
• Title of the rental items shall, at all times, remain with Something Borrowed KC LLC.
• Customer authorizes Something Borrowed KC LLC to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.

4. LEGAL FEES.

Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any law suits that may occur between Something Borrowed KC LLC and their customers must be filed in Johnson County, and any litigation will be held in a Johnson County Court.

5. MISCELLANEOUS.

The Rental Agreement may be executed or delivered by email or in person. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”

6. UNSAFE CONDITIONS.

Something Borrowed KC LLC reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 30% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, Something Borrowed KC LLC will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.

Something Borrowed KC LLC is not responsible for underground utilities, and charges for time out, whether equipment is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.

7. CANCELLATIONS.

• Customers who cancel their orders 45 days prior to an event will receive a full refund. 50% non refundable if cancelled less than 45 days to pickup  prior to the event regardless of their circumstances or reasons for cancellation.
• Adjustments to orders can be made until 7 days prior to rental (except for specialty items – see below). However, any such adjustments shall not reduce the total price of the invoice below the amount 50%.

8. CUSTOMER PICK UP AND RETURN.

• Customers may pay C.O.D., but once the rental agreement is signed, the customer guarantees payment for the equipment reserved
• Something Borrowed KC LLC will reserve will call/pickup orders only if a rental agreement and this document have been signed. If the customer fails to pick up their will call order on the specified date, then Something Borrowed KC LLC may re-rent the equipment; or if the equipment goes unrented, then Something Borrowed KC LLC MAY STILL COLLECT A MINIMUM OF 50% FROM THE CUSTOMER.
• Responsibility for customer-pickup rental items remains with the customer from time the items leave the Rental Center until the time they are returned.
• The Customer is responsible for loading, unloading, and securing items within his or her vehicle as well as for any damage that they may suffer during those operations.
• Something Borrowed KC LLC may assist the customer in loading, but Something Borrowed KC LLC will not be held liable for traffic accidents or damages to vehicles or rental equipment in transit due to improper loading.
• Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by Something Borrowed KC LLC.

9. DELIVERY CHARGES (We do not deliver, but this information is legally required to be stated in our Terms and Conditions).

• Minimum delivery charges are based on 1-4 hour delivery windows with “non-same-day” pickups.
• Deliveries are not generally made by Something Borrowed KC, except for rare circumstances agreed upon by us with a client. In that case an additional delivery contract will be signed.
• Customers must be present for their entire delivery window. Something Borrowed KC LLC will grant a 15 minute waiting period, after which the customer will be charged for waiting time up to $120.00 per hour billed in 5 minute increments.
• Something Borrowed KC LLC offers setup/breakdown services of equipment. If this is not desired curbside delivery is available.
• “Curbside delivery,” is defined as:

1. Delivery to a ground level location on a flat, hard surface, within twenty five (25) feet of the nearest loading area with no steps or obstructions.
2. Something Borrowed KC LLC will stack items neatly and securely with reasonable access for the Customer;
3. All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered;
4. There will be a minimum 1-4 hour window for both delivery and pickup (unless otherwise arranged in writing with Something Borrowed KC LLC).

Something Borrowed KC LLC may assess additional charges at a rate of up to $120 per hour when delivery conditions cause Something Borrowed KC LLC to incur additional labor costs, including, but not limited to:

• deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel;
• deliveries that involve waiting times of more than 15 minutes;
• customer changes delivery time in short notice;
• last-minute or rush deliveries or pickups; and/or
• Inaccurate delivery locations or directions supplied by the Customer.
• If the renter is not available, then Something Borrowed KC LLC may opt to either setup in a manner deemed appropriate by our staff, or we may opt to leave the equipment curbside. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.

10. EQUIPMENT USAGE AND RETURN.

Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and Something Borrowed KC LLC has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.

In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay Something Borrowed KC LLC for:

• All labor costs associated with repair and/or attempted repair of damaged equipment
• Replacement equipment (if necessary)
• Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
• All shipping or delivery fees associated with the replacement or repair of damaged equipment.

11. DAMAGE WAIVER.

DUE TO CUSTOMER NEGLIGENCE. Broken items must be returned in their broken state or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.

12. MEASURING EVENT AREA.

• Planning and measuring is ultimately the responsibility of the Customer. If poor planning leads to improperly measured areas for placement of any items resulting in an item not being used, then no refunds will be given and full payment will be made to Something Borrowed KC LLC by the Customer.
• The Customer is responsible for locating and pointing out any underground utilities, such as water mains, and gas, electrical, and sewage lines.

13. DISCOUNTS.

Something Borrowed KC LLC may offer discounts at its sole discretion. Any violation by the customer of Something Borrowed KC LLC’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.

14. LOCAL RULES AND REGULATIONS.

Any and all rules and regulations governing an event site must be provided in writing to Something Borrowed KC LLC prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.

Please use the space provided below to list any rules or regulations that Something Borrowed KC LLC must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location.