Rental Agreement

TERMS & CONDITIONS

1. RENTAL PERIOD: For the purposes of this agreement the rental period (the “Rental Period”) begins when the Renter or Apollo, as applicable, commences unloading the Equipment at the Premises and ends when the Renter or Apollo, as applicable, picks up the Equipment from the Premises.
2. DEPOSIT AND PAYMENT: A Renter must pay a non-refundable deposit (“Deposit”) of 35% (or such other amount as may be agreed to by Apollo in Apollo’s sole discretion) of the total cost of the rental Equipment which shall be applied against the total cost of the rental. The outstanding balance including all taxes owed by the Renter to Apollo for the rental of the Equipment shall be no less than one (1) month prior to the rental date. Apollo shall have the right to cancel and rental reservation if any outstanding amount is not paid when due and the Renter shall not be entitled to a return of the Deposit. The Renter hereby authorizes Apollo to charge any remaining balance to the payment method on file for the Renter unless Apollo is otherwise notified by the Renter not to do so.
   Apollo will charge a 3% fee on all rental payments paid with a credit card.
3. INTEREST: Interest at a rate of 10% shall apply to all outstanding amounts owed by the Renter to Apollo for all rental costs, charges and taxes that are not paid by the Renter when due.
4. RISK: Use of the Equipment involves inherent risks which the Renter acknowledges and assumes. The Equipment will be at the sole risk of Renter at all times during the Rental Period.
5. EQUIPMENT INSTALLATION: Subject to Section 6 of these terms and conditions, the Renter will properly install the Equipment or arrange for the Equipment to be properly installed at the Renter’s own cost.
6. TENT RENTALS: Apollo staff or personnel must be responsible for all tent setup and takedown at the Premises (excluding pop-up tents). Renters are not permitted to move or alter tents once they are setup by Apollo staff. Steel stakes are typically used for securing tents; the Renter is responsible for confirming the absence of underground utilities in the area and Apollo is not liable in any way for utility damage. If weight-based tent security is preferred over stakes, the Renter must notify Apollo at least one (1) month prior to the commencement of the Rental Period. If the Renter fails to provide the required notice under this section additional charges will apply.
   The Renter shall be fully responsible for the tent and all people using the tent during the Rental Period. The Renter must have a safety plan in place and have all people evacuate the tent if conditions, in particular weather conditions, become unsafe.
7. DELIVERY/PICKUP OF EQUIPMENT: Apollo will make reasonable efforts to deliver and secure the Equipment. Apollo does not guarantee specific delivery times. Standard delivery includes ground-level drop-off within 25 feet of the unloading area. Additional labour or any deliveries that are not ground-level shall incur additional costs starting at $99/hour with a minimum cost of $99.00. For example, if Apollo has to go down or up any stairs to drop off the Equipment then such Apollo shall be entitled to charge such additional costs.
   The Renter must ensure Equipment is accessible and restacked as delivered for pickup. Additional labor fees will be applied if Equipment is not prepared for pickup as specified. Apollo reserves the right to refuse delivery of the Equipment or setup of the Equipment if conditions at the event site are deemed unsafe as determined by Apollo in Apollo’s sole discretion. The Renter remains responsible for a minimum of 50% of the rental cost in such cases.
8. RENTER PICKUP AND RETURN: If the Renter agrees that it will pick up and return the Equipment, the Renter assumes responsibility for secure loading and will be liable for any damages during transport or during the Rental Period. Apollo reserves the right to charge fees for items returned late.
   Certain Equipment like china and flatware must be rinsed free of food by the Renter prior to return. Additional cleaning fees will be charged if items are returned uncleaned. Apollo reserves up to 72 hours post-return to inspect Equipment for any damage, with the Customer responsible for repair or replacement costs.
9. USE: Renter will: (i) use Equipment solely for the purposes of the Equipment and no other use; (ii) operate Equipment with proper care and diligence and in a safe and lawful manner and in accordance with all manufacturer’s recommendations and directives of Apollo; and (iii) take all necessary precautions to prevent damage to the Equipment or injury to people.
   The Renter will not make any alterations or additions to Equipment without the consent of Apollo. Any permitted alterations or additions to Equipment will be at the sole cost of Renter.
10. DAMAGE TO OR LOSS OF EQUIPMENT:
    a) Renter will return Equipment to Apollo in the same condition as when delivered, normal wear and tear excepted.
    b) If Equipment is damaged during the Rental Period Apollo will repair the Equipment at the sole cost of Renter. Apollo reserves the right to apply rental charges while Equipment is under repair if the damage occurred during the Rental Period.
    c) If during the Rental Period Equipment is lost, destroyed, or in Apollo’s sole opinion, damaged beyond economic repair, the Rental Period will immediately terminate and Renter will pay to Apollo an amount equal to the replacement value of Equipment as of such date.
11. REPRESENTATION: Apollo warrants that Equipment will be in good working order at the time of delivery or pickup, as applicable. Subject to the foregoing Apollo makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied.
12. COMPLIANCE WITH EVENT SITE: The Renter must inform Apollo of any specific rules or regulations at the event site before delivery. Fines or fees incurred by the Renter or Apollo due to undisclosed rules are the Renter’s sole responsibility. Apollo will not be liable for delays or failed deliveries of the Equipment if the event site prohibits the Equipment or if the event site conflicts with these terms and conditions.
13. INDEMNITY: Renter will indemnify and save harmless Apollo, its agents and employees against any and all liens, claims, loss, costs, expenses, penalties, damages, liabilities, actions and suits of every kind and nature whatsoever, including legal costs on a full indemnity basis, which Apollo may at any time be required to pay or which may be imposed on, incurred by or asserted against Apollo, its agents and employees whether for personal injuries (including death) and/or property damage suffered by any person (including, without limitation, the Renter, Apollo or any third party) or otherwise in any way relating to or arising out of the rental, delivery, possession, operation, use, maintenance, handling, transportation or repossession of Equipment during the Rental Term. The indemnities contained in this section 13 and in this agreement will survive the termination of this agreement for any reason.
14. TITLE: This agreement is one of rental only and Renter will not have or acquire any right, title, or interest in or to Equipment except the right of Renter to use Equipment in accordance with this agreement. For clarity, ownership of the Equipment shall at all times remain with Apollo. Apollo shall have the right to retake possession of the Equipment without prior notice at any time during the Rental Term.
15. CANCELLATION POLICY: No refunds are provided for cancellations after the Deposit is paid including for events beyond the Renter’s control. Adjustments to reservations to reduce the reservation will be considered provided such request is no less than one month before the commencement of the Rental Period.
16. INSURANCE: Renter will obtain and maintain during for the Rental Term satisfactory insurance for liability for bodily injury and property damage, all risk insurance for the full replacement value of the Equipment and event insurance to cover instances whereby the Renter may have to cancel the rental of the Equipment due to weather conditions and all other conditions outside of the Renter’s control.
17. ASSIGNMENT AND SUB-RENTING: Renter will not assign this agreement or any of its rights under this agreement or in or to all or any part of Equipment without the prior written consent of Apollo. Apollo will be entitled to assign its rights hereunder or in or to any of Equipment.
18. LIMITATION OF LIABILITY: The liability of Apollo hereunder is limited to the amount paid by Renter as rental for Equipment and Apollo will not be liable for any personal injuries (including death) to any person (including Renter) or for any other loss or damage, either direct, indirect, or consequential, whether to Equipment or to any other property, caused or contributed to by the rental, delivery, possession, operation, use, maintenance handling, transportation or repossession of Equipment or by any defect therein or by any other cause or reason whatsoever. In addition, in no case will Apollo be liable for loss of profits or of use of Equipment whether or not caused or contributed to by the negligence or default of Apollo. All limits of Apollo’s liability contained in this agreement or elsewhere will survive the termination of this agreement for any reason.
19. COMPLIANCE WITH LAWS: Renter will comply with all laws and regulations applicable to Equipment or to the use to be made thereof by the Renter.
20. TERMINATION: If Renter fails to perform any of its obligations hereunder Apollo may terminate this agreement and the Renter will immediately deliver up Equipment to Apollo in the condition required under this agreement.
21. COSTS: Renter will pay all costs, charges and expenses, including Apollo’s legal costs, incurred in retaking possession of Equipment or in the collection of any sums which may be overdue and owing by Renter to Apollo and including the defense of any action brought against Apollo.
22. NOTICE: Any notice to be given by one party hereto to the other will be in writing and may be mailed by prepaid registered post to the other party at the address shown in this agreement or at such other address as may be substituted from time to time by proper notice hereunder, and such notice will be deemed to have been received by the addresses on the 3rd business day following that on which the same has been so mailed.
23. GOVERNING LAW: This agreement will be interpreted and enforced in accordance with the laws of the Province of British Columbia. All legal proceedings in connection with this agreement shall be located in Kelowna, British Columbia.
24. SUCCESSORS AND ASSIGNS: This agreement will enure to the benefit of and will be binding on the parties hereto and their respective heirs, executors, officers, employees, agents, administrators, successors, and permitted assigns.
25. SEVERABILITY: Should any provision of this agreement not be enforceable, then that provision of the agreement will be considered separate and severable and the remaining provisions will remain in force.
26. COUNTERPART/ELECTRONIC SIGNATURE: This agreement may be signed in counterpart and by way of electronic signature and delivered by electronic transmission
27. ACCEPTANCE OF TERMS & CONDITIONS: Renter agrees to this agreement by way of signature or payment (deposit or full) and is bound to the terms and conditions within.