Sign Contract

RENTAL AGREEMENT TERMS AND CONDITIONS

This rental agreement is made between Mercury Sound and Lighting, Inc. “Mercury” and the Customer “Customer” and is effective as of the order confirmation date. This agreement covers Rental Equipment “Equipment” and Service Labor “Labor” for the Sales Quote “Quote” provided. This agreement shall be binding under the laws of the State of Michigan.

ORDER CONFIRMATION DATE: The date that Mercury confirms Job pricing and availability in writing to Customer with a Job status as “CONFIRMED”, generally via a confirmation email and/or deposit.

PAYMENT: Mercury standard policy is to reserve Equipment for Customer by charging 50% of the Job total as a deposit. Payment methods and terms are subject to Mercury approval. Deposit can be paid by credit card, check, or bank transfer. A 3% card processing fee will be added for any card-based transaction. Final payments for event services are due 5 business days before the begin date of an event. Outstanding balances at Job End Date will be charged to Customer credit card on file. Outstanding balances may arise from these or other events: extended rental time, damaged Equipment, missing items, Labor overtime or additional Equipment added to Job after Start Date. Customer agrees to pay any and all court costs, attorney fees, and any other collection costs related to returned checks or unpaid balances.

CANCELLATIONS: Cancellation prior to Job Start Date and Time will not be refunded for the deposit amount paid. Cancellations 4-7 (four to seven) days prior to Job Start Date and Time will be billed 75% of the total amount of the Quote. Cancellations 3 (three) days or less prior to the Job Start Date and Time will be billed 100% of the Quote.

REFUNDS: Refunds are limited to the value of the rented items herein. Customer discharges Mercury from liability or damages in excess of the rental amount in the event of Equipment failure or unavailability. Customer is responsible for immediately notifying Mercury at 734-507-1177 of any Equipment malfunction or related operational problems in order for any price adjustment to be considered. Mercury provides free after-hours telephone support by pressing “7” when calling after-hours and will make every effort to immediately replace Equipment that is malfunctioning.

DELIVERY, SETUP, OPERATION AND PICKUP BY Mercury: If applicable, Customer agrees to be available during the Delivery/Setup and Pickup Time window described on Job. Redelivery or repickup due to Customer not being present for delivery or pickup is subject to additional delivery charges. Customer is responsible for Mercury’s safe and open access to the Job location for delivery, setup, operation and breakdown tasks.

EQUIPMENT OPERATION BY CUSTOMER: Customer agrees to be available to receive operational instructions from Mercury at time of pickup or delivery and to take possession of Equipment only upon full understanding of Equipment operation. Customer agrees to inform Mercury when using Equipment outdoors and follow any specific instructions regarding outdoor use. Customer agrees to notify Mercury when taking equipment outside of the Detroit Metro Area. Customer agrees not to expose Equipment to harsh conditions including but not limited to: dust, sand, moisture, extended direct sunlight or heat sources. Customer agrees to use care in handling Equipment including placing Equipment on secure, level surfaces; properly securing cables to prevent tripping and accidental power down; and securing Equipment for safe and secure transportation and storage. Labor fees for dispatching a technician may apply if Equipment is found to be reconfigured after it left Mercury’s possession or Customer did not make best efforts to follow steps outlined on provided documentation and/or instructions provided during the technical support telephone call. Cleaning fees and or damage charge may be incurred if evidence of exposure to harsh conditions exists upon Equipment return.

LABOR CHARGES: Labor charges on the Job, if applicable, are estimates based on Mercury’s understanding of the event and Job requirements. Labor charges are subject to modification if the Job requirements deviate from the original agreement.

RENTAL PERIOD: Rental Period extends from the Customer Pickup or Delivery/Setup date and time to the Customer Return or Available Pickup date and time. Late returns are subject to additional charges at Mercury’s daily Equipment rental rate. Rentals are due back to Mercury by 12pm on the Customer Return date.

AGENT: Customer may assign an Agent over the age of 18 to act for the Customer to pickup, receive, drop off, setup or operate Equipment. Customer agrees to notify Mercury in writing/email when assigning an Agent to pickup or receive Equipment. Customer agrees to inform Agent of their responsibilities under this agreement including but not limited to their time availability, receiving instruction, proper Equipment operation and Equipment pickup and/or return time. Use of an Agent does not limit Customer responsibilities under this Agreement in any way.

DAMAGED EQUIPMENT: Customer is responsible for all damage to Equipment from any cause whatsoever incurred while in possession of Equipment. Mercury will inspect all Equipment returned from Customer and will notify Customer of any charges within 2 business days of Job End. Mercury Technicians onsite during Job does may not release Customer from damaged Equipment liability. Customer is responsible for the equipment damages caused by their attendees at Job.

LOSS AND UNRETURNED EQUIPMENT: Customer is responsible for loss from any cause whatsoever incurred while in possession of Equipment, including theft. Failure to return Equipment per agreement terms with no communication from the Customer after 24 hours of Job End Date, will void this Agreement and Equipment shall be considered stolen goods, prosecutable in accordance with Michigan State Law. Customer credit card on file can be charged for Equipment MSRP. Customer is responsible for all costs associated in recovering missing Equipment, or cost of Equipment, included but not limited to cost associated with: repossession, legal fees, and collections.

CUSTOMER INDEMNIFICATION: Customer agrees to indemnify and hold harmless Mercury for damages and liability to rented items, persons and property resulting from the use or misuse of the rented items. Customer assumes all risk of any and all injuries or any kind including wrongful death resulting from use or misuse of rented items. Customer agrees to hold Mercury, its officers and employees free and harmless from and to indemnify and defend Mercury against any and all suits, actions, proceedings, claims, judgments, demands, costs and charges for legal expenses and penalties resulting from injury or damage to any and all persons and property arising out of or in connection with the rented items herein.

COPYRIGHT INFRINGEMENT: Mercury does not support copyright infringement, including but not limited to public display and reproduction of copyrighted material. Mercury reserves the right to refuse rental of Equipment when Customer cannot provide proper documentation for use of copyright material.

ASSIGNMENT: Customer responsibility under this agreement remains with the Customer in the event of subleases, subrentals, or assignments of the Equipment to any other party.

By providing payment and taking possession of rented equipment, you agree with the above terms and conditions.