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Terms. Client accepts these Terms and Conditions (“Terms”) by signing and/or accepting Tripp Place Staging's (“TPS”) proposal, by instructing TPS to provide Client with services, or by paying for TPS' services. No additional or different terms, conditions, or warranties, oral or written, other than those identified in a Proposal, will be binding on TPS unless made in writing and signed by TPS. Client and TPS may be referred to individually as “Party” or collectively as “Parties”.

Services. TPS rents furniture and/or other items (“Rental Items”) for an event as detailed in a proposal provided to Client (“Proposal”). Rental Items are deemed to be provided to Client in clean and good repair condition unless Client notifies (by email) TPS of the contrary, immediately upon delivery or pick-up.

Terms. Client accepts these Terms and Conditions (“Terms”) by signing and/or accepting Tripp Place Staging, an HMR Designs company's (“TPS”) proposal, by instructing TPS to provide Client with services, or by paying for TPS’s services. No additional or different terms, conditions, or warranties, oral or written, other than those identified in a Proposal, will be binding on TPS unless made in writing and signed by TPS. Client and TPS may be referred to individually as “Party” or collectively as “Parties”.

Proposal. The Proposal lists all the “Services” including the Rental Items, event place, and date, as well as the applicable taxes and fees. In the event of any inconsistency between these Terms and the Proposal, these Terms will control.

Term and Termination. The start date and end date of the Proposal will be listed in the Proposal. If Client does not approve the Proposal electronically and pay a 50% non-refundable deposit (“Deposit”) within fourteen (14) days of receiving the Proposal or any other date specified by TPS, TPS reserves the right to terminate the offer contained in the Proposal and not to be bound by its terms. The termination, cancellation, or expiration of an approved Proposal will not entitle Client to reimbursement of any payments already made and will not release Client from any further payments which may be due as detailed in those Terms.

Revisions. Any changes, revisions, or additions to the Services (included but not limited to change of event date, event place, and Rental Items) may result in an increased fee. A new date will be deemed accepted only if TPS provides written confirmation. TPS will make reasonable efforts to accommodate these changes but may refuse any such changes at its own discretion and terminate the Proposal. In addition, Client acknowledges that payments made to TPS are non-refundable, and any request for change or revision made after the second payment which would impact such payments will not be honored.

Cancellation. Cancellation by Client for any reason, including if due to an event outside the control of Client, will result automatically in the loss of the Deposit and of any payments already made. In addition, if, at the time of the cancellation, the Rental Items are already packed, a Restocking Charge (defined in Section 8.2 below) will automatically be charged to Client.

Item Availability. Client acknowledges that until signature of the Proposal and payment of the Deposit, the availability of the Rental Items as described in the Proposal may change. In such a case, TPS will make reasonable efforts to replace those Rental Items with similar items.

Payment and Payment Terms

Compensation. The Compensation will be detailed in the Proposal and may include:

The “Rental Fee” for each Rental Item,

An “Installation and Retrieval Fee” if applicable, which includes time and labor involved in packing, transporting, delivering, setting-up all the Rental Items, as well as picking-up those items at the end of the event, transportation back to TPS's warehouse and time and labor for unloading.

A “Protection Plan” of ten percent (10%) of the above-mentioned costs for property care and maintenance, and any other fees that TPS deems appropriate.

Additional Charges. In addition to the fees detailed in the Proposal, TPS will automatically charge Client with the following fees when applicable in accordance with those Terms:

A ten percent (10%) “Rush Fee” based on the total Rental Fee if Client signs the Proposal and/or pay the Deposit seven (14) working days or less before the date of the Services. A twenty percent (20%) "Rush Fee" based on the total Rental Fee if Client signs the Proposal and/or pay the Deposit seven (7) working days or less before the date of the Services.

A “Restocking Charge” of twenty-five percent (25%) of the total Rental Fees;

A “Late Fee” of a minimum amount of $ 125 per hour (rounded to the nearest hour) or any higher amount if TPS incurs higher costs due to Client’s delay,

An “Additional Delivery Fee” which includes without limitations additional time and labor,

A “Replacement Fee” of four hundred percent (400%) of the Rental Fee (or entire set if applicable),

A “Reactivation Fee” of five percent (5%), if the Proposal had to be reactivated by TPS three times before being executed and paid by Client,

A “Damage Fee” equal to the costs of repair as charged by a third-party vendor to repair the Rental Items (or the entire set if applicable).

A “Stacking Fee” of five percent (5%) will be charged if our furniture is stacked in a way that may cause injury or damage.

Payments. Payments will be made by credit card. Client agrees to provide TPS with a valid credit card number when accepting the Proposal and Client understands and expressly agrees that such credit card will be automatically charged with:

– The final payment of the Compensation (total fees detailed in the Proposal minus the Deposit) within two (2) weeks prior to the date of the Services,

– Any additional charges such as Rush Fees, Restocking Charges, Late Fees, Replacement Fees, Additional Delivery Fees, Reactivation Fee, and/or Damage Fee detailed above.

Client’s Obligations.

Property Maintenance. Depending on whether the Services include delivery or not, Client will be responsible for the Rental Items from the time of delivery or pick-up until the time of drop-off or pick-up. Client will comply with all laws and regulations whilst operating and using the Rental Items and will return those in the same condition and good repair as when received. Client assumes all risks of loss and damages to the Rental Items from any cause whatsoever. In case of a breach of this maintenance obligation, a Replacement Fee or a Damage Fee will apply, as may deem appropriate at TPS's sole discretion.

Smoking and Other Scents. Client must ensure that upholstered items are not returned to TPS with any strong scents, including without limitations from smoke (whether from tobacco, cannabis, or other). If any Rental Item is returned with any scent that does not air out within twenty-four (24) hours, Client will be charged a Damage Fee.

Damaged or Missing Item. TPS understands that everyday wear and tear on Rental Items is normal and even expected. However, Client will be charged, at TPS’s sole discretion:

a Replacement Fee for every Rental Item missing or damaged beyond repair, and

A Damage Fee for every Rental Item damaged but reparable.

Client must return all Rental Items regardless of the level of damage. In addition, Client agrees that if the lost or damaged Rental Item is part of a set, the Replacement Fee or the Damage Fee will apply to the entire set.

Client acknowledges that they are able to use removal decals on Tripp Place Staging rental property, though, if the decal leaves residue, removes paint, or damages the item in any way, the client will be subject to a Damage Fee.

Outdoor Use of Rental Items. If Client is planning on using the Rental Items fully or partially outside, Client must provide TPS with a back-up plan at least three (3) days before the date of the Services. This back-up plan must include reasonable solutions for every possible weather condition, be it snow, wind, rain, or other and at the very least a tent with walls and posts solid enough to insulate the Rental Items from the weather. Client agrees that tarp and open walls are not an acceptable back-up plan. TPS reserves the right, at its sole discretion, to decline Client’s back-up plan. In addition, if no acceptable back-up plan has been provided to TPS at least three (3) days before the date of Services and that there is a fifty percent (50%) chance of rain, snow, wind, or more according to weather.com, or if the back-up plan is not appropriately set-up at the time of Services, TPS reserves the right to not deliver or provide Client with the Rental Items and to terminate the Proposal. Fees already paid will not be refunded and a Restocking Charge may apply.

Delivery and Pick-Up by TPS. If the Services include delivery and picking up by TPS of the Rental Items to and from the event location, the Proposal will indicate the Installation and Retrieval Fee and times based on the information provided by Client. Client expressly agrees that none of the Rental Items may be left outside overnight and Client must notify TPS at least two (2) weeks before the date of the Services if Client does not have reasonable options to fulfill this obligation. In such a case, TPS will pick up the Rental Items at an agreed time and a specific Installation and Retrieval Fee may apply.

Union Labor: Client acknowledges that Tripp Place Staging delivery crews are not affiliated with a labor union. It is the Client’s responsibility to know the labor union requirements for their selected venue. In the event Client’s venue is under union jurisdiction, Client assumes liability for the additional costs associated with any damages or delays that may occur as the result of handling by non-Tripp Place Staging staff members.

Late Fee. If Client is not on site at the time indicated on the Proposal for delivery by TPS, TPS will leave the Rental Items at the place of the event and Client will be responsible for any loss or damage. If within thirty (30) minutes of the time indicated in the Proposal, (a) TPS does not have access to the place of the event or (b) the Rental Items are not ready and available for pick-up by TPS, Client will be charged a Late Fee and/or a Restocking Charge.

Event Location. Prior to receiving the Proposal, Client must provide TPS with all relevant information regarding the event location, such as the necessity to use an elevator or stairs. If any unknown conditions may interfere with delivery/pick-up or if Client does not provide TPS with such relevant information, TPS may, at its sole discretion, (a) leave the Rental Items on the first floor and Client will be responsible for any loss or damage, (b) charge Client any Additional Delivery Fee, or (c) terminate the Proposal, return the Rental Items to its showroom and Client will be subject to a Restocking Charge. Client is responsible for providing any dimensions needed for load-in. In the event that any of our inventory does not fit due to incorrect dimensions, Client understands that there will be no refunds.

Warranties and Liabilities

Disclaimer. Client acknowledges that the Rental Items are of size, design, and capacity selected by Client who accepts the Rental Items “AS IS”. TPS does not make any warranties or guarantees, express or implied, as to the Services, Rental Items, or results from either (including but not limited to any implied warranty of merchantability, durability, or fitness for a particular purpose). TPS will not be liable for any incidental, special, punitive, or consequential damages arising out of or in connection with the Services or the Rental Items.

Limited Liability. If Client notifies TPS immediately upon delivery of the Rental Items of any issues regarding the state of the Rental Items (cleanliness or good repair) in accordance with Section 2 above, and if TPS agrees in writing with Client’s claim, TPS's sole responsibility, will be to either replace the Rental Item with a similar item or reimburse the Rental Fee for such Rental Item, at TPS’s sole discretion. If Client does not notify TPS immediately upon delivery, all Rental Items will be deemed accepted.

Liability Release. TPS will not be liable for any loss, damage, illness, death, or injury of any kind or character to any person or property (a) arising from any use and/or condition of the Rental Items and of the Services, (b) caused by or arising from any act or omission of Client, or any of its contractors, agents, employees, guests, or invitees, (c) arising from or in connection with the conduct of Client’s event or other Client’s activity occurring during the Services, (d) arising from any accident during Client’s event, (e) occasioned by the failure of Client to maintain the Rental Items in a safe condition, or (f) arising from any other cause whatsoever, except as occasioned by the act of gross negligence of any duty by TPS or its agents or employees occurring after the commencement of the Services.

TPS’s Total Liability. TPS’s total liability hereunder for any damages, regardless of the form of action, will not exceed the total amount paid for Services.

Indemnification. Each Party (“Indemnifying Party”) agrees to indemnify and hold harmless the other Party and its officers, managers, members, agents, representatives, employees and affiliates from and against all claims, demands, fines, causes of action, judgments, liabilities, lawsuits, costs and expenses, including, without limitation, attorneys’ and paralegals’ fees, arising out of or related to (i) the activities performed by the Indemnifying Party and its personnel, (ii) a breach by the Indemnifying Party of any term, warranty, or provision in these Terms, and (iii) the Indemnifying Party’s failure to comply with the law.

Title. Rental Items will at all times remain the sole and exclusive property of TPS and Client will have no right of property other than the right to use the Rental Items in accordance with those Terms.

Intellectual Property and Marketing. Client grants TPS the right to use Client’s name, logo, and likeness for any marketing purposes, including, but not limited to, use on TPS’s website and social media accounts, provided that Client may set certain reasonable criteria for such use.

General

Force Majeure. TPS will not be liable to Client for any breach of these Terms caused by events beyond TPS's control, including, without limitation, failures or delays in transportation or communication; natural disaster; media or publication issues; complications caused by pandemics, emergency orders, or public safety guidelines; failures or substitutions of equipment; accidents; shortages of materials or equipment; or technical failures. TPS will make its best efforts to remedy such breach as soon as reasonably possible after the force majeure circumstances that prevented compliance is abated.

Notices. Notices will be given in writing via email to the email addresses mentioned in the Proposal.

Counterparts. Each Proposal may be executed in multiple counterparts, each of which will constitute an original and together constituting one agreement, and/or may be entered into by e-signatures.

Severability. If a court or arbitrator concludes that any provision or wording of these Terms is unenforceable under applicable law, it will not invalidate the entire Terms and Conditions. The unenforceable provision will be modified as little as possible but sufficiently to make it valid or enforceable. If such provision cannot be so limited, it will be severed from these Terms and Conditions and the remainder will remain valid.

Waivers. Any express or implied waivers of any provision of these Terms and Conditions will not be construed as future waivers of such provision.

Assignment. Neither Party may assign any Proposal without the written and signed consent of the other Party. The benefits and obligations in each Proposal will be binding upon the Parties’ respective successors and assigns. Each Proposal will transfer to the resulting entity in the event of any acquisition or merger by or of either Party.

Applicable Law. These Terms and Conditions and any Proposal will be governed by and construed in accordance with Illinois law, without regard to the principles of conflicts of law.

Dispute Resolution. If a dispute arises, the Parties will enter into good faith negotiations. If such negotiations fail to settle the dispute within thirty (30) days, the dispute will be settled solely by confidential binding arbitration in Cook County, IL. The arbitrator will be appointed in accordance with the American Arbitration Association’s Commercial Arbitration Rules. The Parties will split the costs of arbitration, except that the arbitrator may (and will, where there is one prevailing party) award costs and attorneys’ fees in its decision.