TERMS AND CONDITIONS (Click here to view Terms & Conditions as a PDF)

INSURANCE - Customer shall at customer's expense, during the term hereof, maintain in force a policy of public liability and property damage insurance with bodily injury and death liability limits of at least $1,000,000 for each person in each accident and property damage liability limits of at least $1,000,000 on a primary and not excess or contributory basis against its liability for damages sustained by any person or persons including but not limited to employees of customer, as a result of the maintenance, use, operation, or storage of such material. Customer shall, on demand, furnish provider a certificate of such insurance which may not be canceled or materially modified except on thirty (30) days prior written notice to provider. Customer agrees to abide by the provisions of said policy and to make a written report to provider and the insurer within 48 hours of customer's knowledge of any accident or occurrence involving such material. Customer's agents and employees shall cooperate fully with provider and customer's insurer in the investigation, prosecution and/or defense of any claim or suit and shall do nothing to impair or invalidate any applicable insurance coverage. Customer's insurance shall also insure except as may be otherwise provided herein, against all risk of direct physical loss or damage to the material.

INDEMNITY - Customer shall defend, indemnify and hold harmless provider, its subsidiaries and affiliated companies, their officers, agents and employees against all loss, liability and expense, including reasonable attorney's fees, by reason of bodily injury including death, and property damage, sustained by any person or persons including but not limited to the officers, agents and employees of customer, as a result of the maintenance, use, operation, or storage, defect in or failure of material, whether such bodily injury, death or property damage is due or claimed to be due in whole or in part, to any neglect, default, defeat, fault, failure, act or omission, by or on behalf of provider, its officers, agents and employees or any other person, including but not limited to any claims of strict liability in tort, breach of warranty, and/or negligence.

LIABILITY - Provider shall not be liable to customer for any loss or liability of any kind, including without limitation consequential or indirect damages, resulting from delay, failure to pickup material or for failure of material to perform. This agreement does not terminate until all obligations under this agreement have been satisfied.

DEFAULT- All delinquent installments of rent shall bear interest at the lesser of: one-and-a-half percent (1-1/2%) per month, or at the highest lawful rate in the State of Florida . In the event of default or breach of this Agreement by customer, or if provider for any reason deems itself insecure, provider, at its option, shall be entitled to any one or more of the following remedies: Provider may, a) enter premises where material is located and render same inoperative or remove material with or without process of law and without notice or liability to customer; b) terminate this Agreement without prejudice to any remedies or claims which provider might otherwise have; c) collect from customer for arrears of rent, expenses of retaking, court costs and reasonable attorney's fees; d) accelerate the remaining rental payments to be due and payable immediately, which shall be construed as liquidated damages and not as a penalty; e) collect from customer the fair market value of the material, for loss of use or for any loss or damage to the material; and f) collect from customer the cost to repair or refurbish the material. Upon the occurrence of any event of default, customer agrees to pay all costs of collection and expenses which may be incurred by provider, including a reasonable attorney's fee, to enforce any right provided herein or collect any sums due, including any appeal or bankruptcy proceeding. All rights and remedies of provider specified in this agreement are cumulative and none shall exclude any other rights or remedies allowed by law or equity.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: EXCEPT FOR THE FOREGOING EXPRESS WARRANTIES, PROVIDER SHALL NOT BE LIABLE FOR DEFECTS IN OR FOR ANY DAMAGES OR LOSS TO THE MATERIAL NOR CAUSED BY THE MATERIAL; AND UNDER NO CIRCUMSTANCES SHALL PROVIDER OR MANUFACTURER BE LIABLE AND PROVIDER HEREBY SPECIFICALLY DISCLAIMS RESPONSIBILITY FOR ANY INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE CUSTOMER OR TO ANY THIRD PARTY. LIABILITY NOT TO EXCEED VALUE OF CONTRACT.

TITLES, HEADINGS AND CAPTIONS: All titles, headings and captions used in this Agreement have been intended for administrative convenience only and do not constitute matters to be construed in interpreting this Agreement.

ENTIRE AGREEMENT: This Agreement expresses the entire agreement between the Provider and customer. No change, modification or alteration of the terms, conditions and provisions herein will be effective against provider unless the same are in writing and signed by a duly authorized officer of provider. Customer's execution of this agreement, addendums and/or riders, if any and/or acceptance of delivery of any part of material to be furnished hereunder shall constitute customer's acceptance of the terms, conditions and provisions of this Agreement and the exclusion of any terms, conditions and provisions otherwise stated by customer or contained in customer's purchase documents which conflict with or limit the terms, conditions and provisions contained herein. A facsimile or photocopy of this Agreement shall have the same legal effect as an original.

24 HOUR SECURITY: Customer, at customer's expense will provide reasonable security for the material furnished at all times during the term of this agreement. Such security shall consist of twenty-four (24) hour a day surveillance by security guards and/or Event personnel who serve a security function