Wrolund Technologies Inc. DBA Hello Icebox
1. PHYSICAL CONDITION OF RENTAL EQUIPMENT
You ("Customer") acknowledge that prior to taking the rental equipment, you examined it and saw it in operation. You acknowledge that the equipment is in good working condition except for any defect noted by Wrolund Technologies Inc. DBA Hello Icebox (“Hello Icebox”) in writing. You are responsible to return the rental equipment to Hello Icebox in the same working condition.
You agree that Hello Icebox shall retain all rights to ownership and title to the equipment. You also agree that no ownership or title to the equipment is to you under the agreement and you will neither do nor permit anyone to do any act inconsistent with Hello Icebox’s ownership and title to the equipment.
3. USE OF THE EQUIPMENT
You agree that you are solely responsible for the safe and proper use of the rented equipment Hello Icebox provides to you. You further agree that the equipment be used only for the purpose for which the equipment was manufactured and intended. Subleasing or improper use of the equipment is strictly prohibited. You are responsible for the use of the borrowed equipment. You assume all risk inherent to the use of the equipment and agree to assume the entire responsibility for the defense of and to pay, indemnify and hold Hello Icebox (including employees, sub-contractors and volunteers) harmless from, and hereby release Hello Icebox from any and all claims, liability for damage to property or bodily injury (including death) resulting from the use, condition, operation, or possession of the equipment, including damage or injury caused by the negligence of Hello Icebox employees, customers or any other people including volunteers or by your reliance on incorrect or negligent representations, instructions, or advice by Hello Icebox. You agree that no warranties, express or implied, including merchantability or fitness for a particular purpose, have been made by Hello Icebox in connection with the equipment. In no event shall Hello Icebox be liable for special, direct, indirect, or consequential damages in connection with this agreement. You agree to make every reasonable effort to prevent unauthorized third parties from using Hello Icebox tools and equipment. You agree to indemnify Hello Icebox for any liability as a result of damage or injury caused to a third party or unauthorized third party use of tools or equipment. You are responsible for repair costs or replacement of tools and equipment damaged by you, your representatives and unauthorized third party use.
4. RESPONSIBILITY FOR EQUIPMENT AND REPAIRS
You are responsible for the equipment from the time it is rented until it is returned. Your responsibility includes but is not limited to ensuring the proper care is maintained and proper handling. If the equipment is lost, stolen, vandalized or damaged under any circumstances while being borrowed, regardless of fault, you shall be responsible for all charges to replace or repair equipment including any labour costs. Any repairs must be completed by a professional company approved by Hello Icebox.
At any point of damage to the equipment, you also agree to pay any deductibles. Deductible amount is $5,000.
5. LOADING AND UNLOADING OF EQUIPMENT
In the event that Hello Icebox’s employees or volunteers assist in loading or unloading of the equipment, you assume this risk of and hold the Hello Icebox harmless from any property damage or personal injuries in connection with loading and/or unloading.
6. EQUIPMENT FAILURE AND REPAIR
You agree to immediately discontinue the use of the equipment should it become unsafe or in any state of disrepair, and you agree to notify Hello Icebox of the facts surrounding such occurrences. Hello Icebox may, in its sole discretion, make the equipment operable within a reasonable time or provide you with a similar piece of equipment, if available. No refunds will be given. This provision does not relieve you from the obligation imposed by other sections of this agreement. In all events, the Hello Icebox shall not be responsible for any injury or damage, including consequential damage, resulting from the failure or defect of any rental equipment. Use at own risk.
Non-refundable deposit required.
NO REFUNDS OF ANY DEPOSITS NO MATTER WHAT THE CIRCUMSTANCE.
Cancellation policy is:
1) if cancellation occurs between +365-181 days before the event date, the client will only lose the deposit.
2) if cancellation occurs between 180-121 days before the event date, the client lose deposit AND shall be liable to pay 50% of the remaining total payable.
3) if cancellation occurs within 120 days of the event start date, the client shall be liable to pay 100% of the total payable.
Date changes can only happen if Hello Photo Booth is notified in writing at least 120 days in advance of event date. And the new date is within 3 months from the original date. And subject to availability. If there is no availability for the alternate date, the deposit shall be forfeited and event is cancelled. Cancellation policy still apply as above.
Any late payments past 30 days is subject to a $25 per day late fee. We accept credit card, cash, etransfers and cheques. You agree to pay any extra fees that might apply including but not limited to things such as cleaning. Credit cards (if on file) are charged automatically.
8. FUEL SURCHARGE
Fuel Surcharge may apply at Hello Icebox’s sole discretion to allow us to recover the cost of fuels used and fuel surcharge may change from time to time.
9. RETURN OF THE EQUIPMENT
a. The equipment is loaned to you subject to this agreement for rental charges for the dates you booked. Late fees will apply if equipment is kept longer than the agreed upon borrowing period.
b. If this agreement has not been extended and you fail to return the equipment when due, or you default on your obligation hereunder, Hello Icebox may take such steps as permitted by law to:
i. retake the equipment at any time to protect its ownership of the equipment and its interest under this agreement; and/or
ii. secure the reasonable value of the equipment based on the condition of the equipment at the beginning of the rental period. In such event, you shall reimburse Hello Icebox for all costs incurred, including without limitation, reasonable legal fees;
c. Notwithstanding any retaking of equipment by Hello Icebox and/or payment of the reasonable value of the equipment as described above, you shall be responsible for amounts due and unpaid by you to Hello Icebox under this agreement, including the amount incurred by Hello Icebox arising as a result of or in connection with the retaking of equipment as provided for in this clause. In addition, you acknowledge that the failure to return equipment within the contracted time and the sale or concealment of the equipment are prohibited and that such action may constitute a crime. In this event, Hello Icebox, in addition to any action it may take, may notify authorities or take other action including the filing of criminal complaints subjecting you to possible criminal prosecution.
d) Extra cleaning fees will apply if equipment is returned in too dirty/messy of a condition solely determined by Hello Icebox.
e) It is your responsibility to ensure you are ready for drop off and equipment is ready for pickup. It also means you need to ensure you have a site location picked out, it's clear and within 25ft of power. When we pick up trailer you also must empty trailer, remove obstructions and such so our trucks can get easy access. If equipment is not ready for deop off and pickup when we arrive hourly rates of $65/hr is applied. We do not remove items, obstructions etc. If items are left inside trailer it becomes our property plus additional removal and cleaning fees applies.
10. VALUE OF EQUIPMENT
It is agreed that the value of the equipment is the fair market value.
11. HOLD HARMLESS
You shall indemnify and hold harmless Hello Icebox for all claims which mat arise as a result of the use or possession of the equipment during your rental period of this agreement.
We have shared this agreement (link as part of your invoice that you paid) and verbally in our communications with you. By using our equipment you hereby agree that you have read and agreed to the terms and conditions in this agreement.