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HomeMy WebLinkAboutContract 51767.pdfPage 1 of 4 8020 Zionsville Road Indianapolis, IN 46268 317-251-7368 Phone 317-253-0586 Fax aclassicpartyrental.com Reservation 51767 Sun 5/15/2022 8:00AM Sun 5/15/2022 6:00PM Colleen Stanish Net Due Status: Contract #: Terms: Acct.Mgr: Event End: Event Beg: College Park Church Customer #: 5724 Phone 317-875-0282 2606 West 96th Street Job Descr: Deliver Prepay | We are Family-Spring 2022 - TENTS Indianaopolis, IN 46268 Ordered By: Shannon Lewis (317)313-0273 Event Consultant: Colleen Stanish colleen@aclassicpartyrental.com Delivery Thu 5/12/2022 Pickup Tue 5/17/2022 Shannon Lewis 317-313-0273 Shannon Lewis 317-313-0273 COLLEGE PARK CHURCH COLLEGE PARK CHURCH 2606 West 96th Street 2606 West 96th Street Indianaopolis, IN 46268 Indianaopolis, IN 46268 - Call 1st prior to arrival, Shannon 317-313-0273 Qty Items Rented Status Each Price 15' X 30' FRAME TENT - ON GRASS NO SIDES / NO LIGHTS 1 TENT FRAME 15 X 15 ENDS B Reserved $225.00 $225.00 1 TENT FRAME 15 X 15 MIDS B Reserved $225.00 $225.00 ------------------------- 2 TENT FIRE PACKAGE EMERGENCY EXIT LIGHT Reserved $30.00 $60.00 2 TENT WHITE EXTENSION CORDS 100 FEET Reserved $20.00 $40.00 *CLIENT MUST PROVIDE POWER SOURCE* - LOCATION WITHIN 50' OF TENT? 1 TENT FIRE PACKAGE FIRE EXTINGUISHER Reserved $12.00 $12.00 1 TENT FIRE PACKAGE NO SMOKING SIGN Reserved $12.00 $12.00 ------------------------- 20' X 40' FRAME TENT - WEIGHTED ON ASPHALT 1 TENT FRAME 20 X 20 WHITE ENDEX Reserved $380.00 $380.00 2 TENT FRAME 20 X 10 EXPAND MID Reserved $190.00 $380.00 ------------------------- 28 TENT BALLAST #500 LB WEIGHT Reserved $60.00 $1,680.00 ------------------------- 2 TENT FIRE PACKAGE EMERGENCY EXIT LIGHT Reserved $30.00 $60.00 2 TENT WHITE EXTENSION CORDS 100 FEET Reserved $20.00 $40.00 *CLIENT MUST PROVIDE POWER SOURCE* - LOCATION WITHIN 50' OF TENT? 1 TENT FIRE PACKAGE FIRE EXTINGUISHER Reserved $12.00 $12.00 1 TENT FIRE PACKAGE NO SMOKING SIGN Reserved $12.00 $12.00 ------------------------- TENT PERMIT 1 CARMEL TENT PERMIT Selling $530.00 $530.00 **ESTIMATED** ------------------------- Contract #: 51767 College Park Church Page 2 of 4 College Park Church Print + Sign: Amount Due: $2,541.80 Paid: Total: $4,281.80 Subtotal: Delivery Charge: Sales: Damage Waiver: $1,740.00 $4,281.80 $300.00 $530.00 $313.80 Rental: $3,138.00 Printed On Mon 4/25/2022 3:24:15PM Software by Point-of-Rental Software www.point-of-rental.com contract-params.SQL.rpt (5) Showroom: Mon- Fri 9am to 5pm // Will Call: Mon-Fri 10am to 3pm. Closed Sat.+ Sun. AFTER HOURS EMERGENCY: 317-874-3464 Modification #6 Contract #: 51767 College Park Church Page 3 of 4 TERMS AND CONDITIONS OF RENTAL CONTRACT - A CLASSIC For good and valuable consideration, you and BRI, Inc., d/b/a “A Classic Party Rental” and d/b/a “A Classic Expo” (also referred to herein as “BRI,” “A Classic,” “Lessor,” “we,” “us” and “our”) as follows: Rental. As used herein, “P.1” refers to the first page or “face” of this Contract; the terms “Customer,” “you” and “your” mean the customer (party “RENTED TO:”) identified on P.1; and “Rented Item(s)” or “Item(s)” means the items rented to you, as identified on P.1. You agree to rent the Rented Item(s) from BRI for the “Term” and pay us the rent (“Rent”) specified on P.1, together with any other charges accruing hereunder, without proration, reduction or setoff, until all Rented Item(s) is/are returned to and accepted by Lessor as being in the proper return condition required hereunder. Reservations. We have estimated the Rent you will owe hereunder (the “Estimated Rent”) based on your estimate of the length of the Term and Item(s) required. Except only as my otherwise be separately agreed in writing by BRI: (a) the Rented Items will be reserved only upon our receipt of the “Reservation Fee” specified on P.1 (or, if not specified, 100% of the anticipated total Estimated Rent for tent rentals, and 25% of the total Estimated Rent for all other items); (b) payment of all Estimated Rent and other charges (together with the Reservation Fee and any deposit, the “Prepayment”) will be due no later: (i) 3 days before the date of your event if made by credit card, or (ii) two weeks prior to the date of your event if made by check; and (c) delivery of the Rented Item(s) will not be scheduled until we have received the entire Prepayment. No Prepayment shall be an upper limit of your liability, but merely an estimate of the anticipated charges. We accept all major credit cards. Cancellations. Prepayments for tents are nonrefundable in all events. Prepayments for other Rented Item(s) will be fully refunded only if you cancel this Contract in writing at least 30 days prior to the scheduled date of your event. In all other events of cancellation with respect to Item(s) other than Tents, we will retain: (a) 75% of the Prepayment if no Rented Item(s) has/have been loaded for shipment to the Site as of our receipt of your written notice of cancellation; or (b) 100% of the Prepayment in all other events. If you fully and timely comply with this Contract, we will credit your Prepayment against the amounts due hereunder. You agree that: ( i) we may deduct any amount you owe us from any Prepayment; (ii) such Prepayment shall not be a limit of your liability to us; and (iii) no interest will accrue on such Prepayment. For cancellations by “house account” customers (those who have not been required to deliver the full Prepayment to us in advance), you agree to immediately pay Lessor: (A) 75% of the Estimated Rent if no Rented Item(s) has/have been loaded for transportation to the Site as of our receipt of your written notice of cancellation; or (B) 100% of the Estimated Rent in all other events. Delivery, Installation, Retrieval. If we agree to deliver, install and/or retrieve any Rented Item(s), you agree to: (a) be present at the Site at the agreed time(s); (b) ensure the Site is properly prepared and reasonably clean, safe and secure; (c) give all applicable notice(s) and obtain all applicable licenses, authorizations, permits and approvals (including authorizations for driving tent stakes, disturbing the soil, and/or erecting temporary structures); (d) advise all local utilities and cable companies, and mark all underground utilities per § 5; and (e) inform us of the same and provide us with a detailed diagram thereof prior to installation. You will pay us our regular charges for any assistance we may provide with respect to the foregoing (additional charges may apply for certain deliveries and/or services provided outside of our regular business hours). You authorize us to drill holes or drive stakes as we deem necessary in connection therewith. For an additional fee, we will fill the holes or install shields after removal. You represent and warrant that you: (i) own the Site, or (ii) have obtained the owner’s written consent to install any and all tents and amusements rented from us and will provide us written evidence of such consent upon our request. We are not responsible for delays caused by other parties, including you, your agents, employees, contractors and/or other providers of other equipment or services for your event (“Other Providers”), for which you agree to indemnify, defend and hold harmless BRI. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of our representatives, including the status, condition and quantities of such Items as well as the Site. Inspection/Acceptance. Upon your execution of this Contract (or upon later delivery of the Rented Item(s), unless you immediately reject it/them), you represent, warrant, acknowledge and agree that: (a) each of the Rented Item(s): (i) has been carefully selected, examined, counted and tested by you; (ii) is in good repair and operating condition, free of defects, and otherwise in all ways acceptable to you; and (iii) is appropriate for your purposes, not based on any recommendation by Lessor; and: (b) you: (i) have received, read and understand all training, instructions, warnings, user manuals, maintenance requirements, and other information, if any (including without limitation, all applicable Fire Codes, EPA, OSHA, ANSI, IBC, ASSE, ASME, UL, IEEE and NFPA Standards , if any) pertaining to the Rented Item(s), (collectively, “Instructions”); (ii) will fully comply therewith; (iii) have been offered all applicable safety equipment; (iv) will use each Rented Item only for its intended purpose, in a reasonable and safe manner; (v) will advise the appropriate Utilities Protection Service(s), mark all underground utilities and cables (call 811 or in Indiana, 800-382-5544, or go to www.indiana811.org, at least 3 full business days in advance), and obtain all applicable licenses, authorizations, permits and approvals prior to digging, driving stakes or otherwise disturbing the soil or any ground surface; (vi) will not permit the use or storage of fire sources, open stoves or flammables inside of or unreasonably close to any Rented Item (vii) will immediately cease using any Rented Item that malfunctions or proves defective (a “Malfunction”); (viii) will create and post in a conspicuous place an OSHA-compliant EVACUATION PLAN for all tents and other temporary structures rented from us; (ix) will Contract #: 51767 College Park Church Page 4 of 4 we may have (all of which shall be cumulative). If any performance required of us is rendered impractical as a result of any act or omission of any Other Providers or any “Act of God” (e.g., any event, fact or circumstance beyond our reasonable control), we will be excused therefrom. You waive all statutes of limitations regarding our rights and remedies. You authorize us to check your credit with one or more credit bureau(s), and to submit all amounts due and coming due hereunder for payment on your debit or credit card. All amounts due hereunder but not timely paid will bear interest at the maximum lawful rate. You will pay us the maximum lawful charge for any declined debit or credit card you provide or any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the Rent actually paid by you hereunder. We will have the right of first refusal to provide all other items to be rented in connection with your event. This Contract will apply not only to the Item(s) identified on P.1, but also to all other items you obtain from us at any time unless we agree otherwise in writing. Digital, electronic, photocopied, or facsimiled signatures and/or initials appearing on this Contract and/or any Addenda will be deemed original(s). This Contract cannot be amended or extended except in a writing signed by BRI, and will be governed solely by the laws of Indiana. Proper venue all civil legal actions commenced in connection herewith shall lie solely in Marion County, IN (unless waived by BRI). You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. Identification and Marking of Lines: Customer agrees to ensure that, prior to delivery and installation of the Rented Item(s) at the Site, all Lines are clearly and properly marked on the surface of the ground. ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE UNDERSIGNED, FOR HIM/HERSELF AND FOR THE CUSTOMER, HEREBY: (A) ASSUMES ALL RISK OF PERSONAL INJURY(IES) (INCLUDING DEATH), PROPERTY DAMAGE, DISRUPTION OF SERVICES AND/OR UTILITIES, FINANCIAL LOSS(ES), AND ANY AND ALL OTHER LOSS, DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE RENTED ITEM(S) AND/OR SERVICE(S) PROVIDED BY AND/OR AT THE DIRECTION OF BRI, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE DELIVERY, INSTALLATION (INCLUDING WITHOUT LIMITATION, RUPTURES AND PUNCTURES OF LINES, CONCRETE AND ASPHALT), USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR AND/OR RETRIEVAL OF THE RENTED ITEM(S), WHETHER OR NOT THE FAULT OF THE UNDERSIGNED OR THE CUSTOMER; AND (B) RELEASES AND DISCHARGES BRI FROM, AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS BRI, AND ITS OWNERS, OFFICERS, MANAGERS, DIRECTORS, AGENTS, EMPLOYEES, INSURERS, REPRESENTATIVES, SUBROGEES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ALL LIABILITIES ASSUMED UNDER SUBSECTION (A), AS WELL AS ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH RENTED ITEM(S) AND/OR SERVICES (EVEN IF ARISING FROM THE NEGLIGENCE OR CLAIMED NEGLIGENCE OF BRI, ITS AGENTS, EMPLOYEES AND/OR CONTRACTORS). This Addendum (including the Evacuation Plan Guidelines and Safety Rules appearing on Pages 1-3 of the Evacuation Plan Form) supplements the Rental Contract and each other Rental Contract entered into between BRI and the undersigned (or any entity represented or controlled by, controlling or under common control with the undersigned, and/or its/their respective affiliates) at any time, and shall not be deemed a limitation of any other rights, protections and/or remedies available to or for the benefit of BRI under such Rental Contract(s), at law or in equity. Neither this Addendum nor the Rental Contract may be otherwise modified, unless authorized in writing by BRI. The undersigned’s handwritten, digital, electronic, photocopied or facsimiled signature and initials hereon will be enforceable as originals. The Customer has carefully reviewed all information contained in the Evacuation Plan, thatt the customer approves the same, and that the customer agrees to indemnify, defend and hold harmless the Lessor for any and all liabilities, claims, damages, losses, costs and expenses, including attorney's fees and costs of court, arising from any error or inconsistency in the Evacuation Plan an/dor information included therein. Itis the Customer's responsibility to fill out and post the Evacuation Plan Form in the tent. Acknowledged and agreed by the undersigned to be effective as of the effective date of the subject Rental Contract. The undersigned has carefully read, and agrees to, the terms of this Contract. Signature of Customer/Lessee: A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST Copyright © EquipmentRentalContracts.com. (866) 582-2586. All rights reserved. Unauthorized reproduction and/or distribution of this document strictly prohibited. Printed On Mon 4/25/2022 3:24:15PM Software by Point-of-Rental Software www.point-of-rental.com contract-params.SQL.rpt (5) Showroom: Mon- Fri 9am to 5pm // Will Call: Mon-Fri 10am to 3pm. Closed Sat.+ Sun. AFTER HOURS EMERGENCY: 317-874-3464 Modification #6 ENSURE THAT ALL CHILDREN IN, ON OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES; and (x) will cause all other parties dealing with Rented Item(s) to comply herewith at all times. Use. YOU AGREE TO ENSURE THAT: (a) each Rented Item is used safely and only: (i) for its intended purpose(s); (ii) within its rated capacity; (iii) at the address set forth on P.1 (the “Site”); (iv) by properly qualified, certified and/or licensed (as applicable) operators; and (v) otherwise in full compliance with this Contract (including § 5); and (b) adequate power, heating and lighting are provided to/for the Rented Item(s). You will not, nor will you permit anyone else to abuse, misuse, overload, remove from the Site, conceal, repair, modify, move, damage, take possession of or exercise control over, any of the Rented Item (s) without our prior consent (granted, conditioned or denied in our sole discretion). Malfunctions. In the event of a Malfunction, you will immediately notify us, and provided the Malfunction did not result from the willful or negligent act or omission, or any breach of this Contract, by you or any person you permit to use or deal with the Item(s), we may, at our option: (a) repair such Item; (b) provide you with a comparable replacement; or (c) with respect solely to the Malfunctioning Item(s), return the unused portion of the Rent and cancel this Contract. The foregoing remedy is EXCLUSIVE. We will have no other obligation(s) with respect to Malfunctions. You hereby waive all other claims against BRI, including without limitation, incidental, consequential, special, exemplary and punitive damages. Return. You agree to protect the Rented Item(s) and its/their contents at all times and keep it/them safely and securely stored and locked when not in use. Unless you have engaged us to break down, clean and/or retrieve any Rented Item(s) (as specified on P.1), you will return all such Item(s) to us on time, clean and in good order, condition and repair, properly “Packed” (see below). If you fail to do so, then in addition to any other amounts due hereunder, you will pay us: (a) Rent for each succeeding full rental period until all Rented Item(s) is/are replaced or returned as required; and (b) all costs and expenses in connection with such failure. Certain Items may be delivered on pallets, in crates, cartons or boxes, stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). Upon return, you agree to ensure that all Items are properly Packed. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. PACKING WET OR DAMP ITEMS MAY RESULT IN MOLD OR MILDEW, FOR WHICH YOU WILL BE LIABLE . Ownership: Except with respect to Rented Items we rent from one or more third parties (each, a “Third- Party Owner” or “TPO”) and then re-rent to you (“Re-Rented Items”), we own and will retain title to all Rented Items at all times. You will have exclusive control over all Rented Items during the Term; subject to your obligation to use them in full compliance with this Contract at all times. You will not permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item. You shall not loan, transfer, sublease or assign any Rented Item or this Contract without the prior written consent of Lessor, and if applicable, the TPO (s). We may substitute and/or sell and/or assign all or any part of our interests in the Rented Item(s) and/or this Contract, in which event, you agree to attorn to the assignee(s) who shall not be responsible for any pre- existing liabilities or obligations of BRI. WARNING. THE RENTED ITEM(S) CAN BE DANGEROUS, AND MAY MOVE, SHIFT, TIP, COLLAPSE, LEAK, OVERTURN OR CATCH FIRE, PARTICULARLY DURING SEVERE WEATHER. You agree to: (a) maintain and post an OSHA-compliant EVACUATION PLAN; and, if severe weather or any other potential hazard occurs or threatens: (b) discontinue use of and EVACUATE such Rented Item(s); (c) notify BRI of the same as soon as possible; (d) take all appropriate steps to: (i) ensure the safety of all occupants, and (ii) protect all Rented Items; and (e) permit BRI to postpone delivery and/or installation of, or dismantle and store or retrieve any Rented Item(s) (without obligating us to do so). Insurance. You agree to maintain all insurance we deem necessary, which may include without limitation: (a) commercial general liability insurance with minimum limits of $2,000,000 per occurrence; and (b) property damage/inland marine insurance (including coverage for property in transit), covering all Rented Item(s) for the full (new) replacement cost thereof. All such policies shall: (i) name BRI as an additional insured and loss payee; (ii) waive subrogation against us; (iii) be written with carriers and on terms (including deductibles) acceptable to us; (iv) include a severability of interests provision; and (iv) be primary and non-contributory (our insurance will be excess). You agree to provide us with copies of the proper endorsements for the above coverages specifying that they will not be cancelled during the Term, and you hereby appoint us as your agent and attorney-in-fact to submit and negotiate claims thereon. Damage Waiver. If and only if, we have offered, and you have elected to purchase our OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) and paid the applicable LDW fee before the Term commences, then solely with respect to Item(s) covered by LDW (“Covered Items”), your liability for the cost to repair or replace such Items will be limited as set forth in our LDW Addendum, a copy of which you acknowledge receiving and carefully reviewing. You may decline LDW if you fully comply with this Contract (including § 11). DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY. NO WARRANTIES. LESSOR IS NOT THE MANUFACTURER OR DESIGNER OF ANY RENTED ITEM(S), ALL OF WHICH ARE PROVIDED “AS-IS”. EXCEPT ONLY AS REQUIRED BY APPLICABLE LAW, NEITHER LESSOR NOR ANY TPO MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR WORKMANLIKE PERFORMANCE, OR ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) REFERENCED IN THIS CONTRACT, NOR DOES LESSOR OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, MODELS, DEPICTIONS, OR ADVERTISEMENTS OFFERED OR ACCEPTED BY LESSOR OR ANY TPO CONSTITUTE REPRESENTATIONS OR WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND/OR SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, INSTALLATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF SUCH ITEM(S) AND/OR SERVICE(S), WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BRI, EACH TPO, their respective parents, partners, affiliates and subsidiaries, and their respective owners, shareholders, members, managers, officers, directors, agents, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including attorneys’ fees) arising from and/or in connection with the Rented Item(s), this Contract and/or your breach of any one or more of the terms hereof; and except only as provided in § 7, (C) WAIVE all rights and remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each and every Indemnitee. Default/Remedies. Your duties hereunder are unconditional. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract and/or any of your obligations arising in connection herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost or, unless covered by LDW per § 12, damaged, you will be in DEFAULT under this Contract, whereupon, we may with or without legal process or notice (and without liability to you or any guarantor), to the maximum extent permitted under applicable law: (i) terminate your rental(s); (ii) seek relief from stay; (iii) recover, empty, lock, restrict, disable, disassemble and/or de-install any Rented Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you will indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the balance of the scheduled Term, overtime, loss of use, interest, attorneys’ fees, repossession/retrieval costs and collection costs); and/or (vii) pursue any/all other rights and/or remedies available hereunder, at law and/or in equity, all of which are cumulative. Miscellaneous. This Contract, and any Addenda provided by BRI (including if applicable, our LDW Addendum) all of which are incorporated herein, represent the entire agreement between you and us, and supersede all other agreements and representations, including our website and advertising. You will pay our attorneys’ fees and other costs of enforcing this Contract. You agree to timely pay all taxes, fines, fees, assessments and other charges related to the Rented Item(s). You hereby grant us a perpetual, paid-up, royalty- free license to create, edit, copy, display and distribute photos and recordings (audio and video) of all events which include any Rented Item(s), as we deem appropriate. If any provision of this Contract is deemed unenforceable by any court of competent jurisdiction, such provision will be deleted, and the remainder of this Contract will remain valid and enforceable . Time is of the essence. There are no third-party beneficiaries hereto, other than the applicable Indemnitees. We may, without notice or liability to you, inspect and/or monitor (e.g., via GPS) any Rented Item(s) at any time, and all data generated thereby will be our property. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available hereunder will constitute an election of remedies or a waiver of any right or remedy Printed On Mon 4/25/2022 3:24:15PM Software by Point-of-Rental Software www.point-of-rental.com contract-params.SQL.rpt (5) Showroom: Mon- Fri 9am to 5pm // Will Call: Mon-Fri 10am to 3pm. Closed Sat.+ Sun. AFTER HOURS EMERGENCY: 317-874-3464 Modification #6 1 Delivery to Indianapolis Selling $300.00 $300.00 Delivery times are not guaranteed. Current Will Call Hours: Mon.-Fri. 10 am to 3 pm. Closed Saturday + Sundays. Payments made on this contract: Rental/Sale Paid $1,740.00 Wed 4/ 6/2022 9:21AM Credit Card Dscv xxxx-xxxx-xxxx-6047 Total $1,740.00 Printed On Mon 4/25/2022 3:24:15PM Software by Point-of-Rental Software www.point-of-rental.com contract-params.SQL.rpt (5) Showroom: Mon- Fri 9am to 5pm // Will Call: Mon-Fri 10am to 3pm. Closed Sat.+ Sun. AFTER HOURS EMERGENCY: 317-874-3464 Modification #6