STABLE POUR RENTAL AGREEMENT
This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature (“Effective Date”) and is made between Stable Pour LLC (“Owner”), and the undersigned individual (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner a mobile bar known as the “Horse Trailer”, subject to the terms and conditions of this Agreement.
1. Term. This Agreement shall commence on the Effective Date of event booking with deposit and remains in full force and effect until “Horse Trailer” is picked up by the Owner after the event.
2. Payment. Renter shall pay the remaining balance of agreed rental package within 30 days of event date, if balance has not been paid in full by that date, the event date may be canceled by owner and any and all deposit monies forfeited to owner. If booking within 30 days of the event, all monies to be paid in full unless otherwise agreed upon in writing by Owner and Renter.
3. Security & Booking Deposit. Renter shall pay a deposit of $300.00 to hold the event date. Deposit is 100% refundable if booking is canceled within 30 days of the event. If canceled in less than 30 days of the event, deposit is forfeited to the Owner. If an event is canceled due to weather or natural disaster, deposit may be applied to future events at a later date if said date is available. Owner may use the deposit to cover any amounts due under this Agreement, cleaning if needed or damage to equipment or as liquidated damages for late cancellation by Renter. Security deposit less any monies deducted for cleaning, damages or outstanding balances to be returned to renter within 72 hours of event completion or within 72 hours of cancellation within the cancellation refund timeline defined in agreement.
4. Delivery Fee. A Delivery fee of $75 will apply to all rentals within 50 miles from Holly Ridge NC. An additional $75 will be applied for every 30 miles thereafter, unless otherwise agreed upon between both parties.
5. Set up Site: Power source needs to be within 100 feet of horse trailer set up site or an additional $100 generator fee will apply. Equipment is not to be moved once placed by owners unless permission is given by the owner.
5. Type of Beverages. Tap Equipment may only be used for sparkling wine or beers/ciders. The rental of Equipment includes One (1)tap for the duration of the event. Specifically, Renter will be providing their own beverages unless separate agreement is reached.
6. Restrictions on Use. Renter shall not a) move the Equipment after it has been delivered by Owner; and/or b) operate or use the Equipment in a manner likely to cause damage to the Equipment.
7. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment. Cost of damages will be deducted from security and rental deposit.
8. Condition of Equipment. Renter acknowledges that Renter shall examine the trailer and Equipment before its use and that it is in good condition. If Equipment is not in good condition, Renter shall notify Owner immediately.
9. Return of Equipment. Renter shall notify Owner when the event has ended and the Equipment is available for pickup on or before the date and time specified in Section 1 in the same condition as Renter received it.
10. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter and any monies owed will be returned within 72 hours.
11. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination.
12. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
13. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought. Any legal action regarding this agreement or the rental of Equipment shall be brought only in The District Court of Onslow County, North Carolina. Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
RENTER ACKNOWLEDGES THAT EQUIPMENT WILL ONLY BE USED FOR A PRIVATE EVENT AND BEVERAGES WILL NOT BE AVAILABLE TO THE PUBLIC FOR SALE.