Terms and Conditions

Terms and Conditions between Game Day Outfitters ("Rental Company") and Customer.  All terms and conditions are to be followed by customer

1. All our rental items and services are provided according to the following rental terms and conditions, to which all customers are required to agree:

2. Customer acknowledges that he or she, or their representative, has had an opportunity to personally inspect the equipment and finds it suitable for his or her needs and in good condition and that he or she understands its proper use. Customer further acknowledges his or her responsibility to inspect the equipment prior to its use and notify Rental Company of any defects.

3. If equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Rental Company who will replace the equipment with similar equipment in good working order, if available. Rental Company is not responsible for any incidental or consequential damages caused by delivery delays or any forms of service interruption.

4. There are no warranties of merchantability or fitness, either expressly defined or implied, and no warranty that the rental equipment is suited for Customer’s intended use, or that it is free from defects.

5. Customer agrees to assume the risk of, and hold Rental Company harmless for, property damage and personal injuries caused by the equipment, the result of adverse weather conditions, or the result of negligence on the part of the Customer.

6. Use of the rental equipment in the following circumstances is prohibited, and constitutes a breach of this contract: Use for illegal purpose or in an illegal manner; use when the equipment is in bad repair or is unsafe; improper or unintended use or misuse; use by anyone other than Customer, or his or her employees, without Rental Company’s written permission; use at any location other than the address furnished by the Customer without Rental Company’s written permission.

7. Rental Company may assign its rights under this contract without the Customer’s consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Rental Company’s written permission. Any purported assignment by the Customer is void.

8. Customer’s right to possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of this contract and will generate additional charges. Any extension must be mutually agreed upon in writing.

9. Customer agrees to return the rented goods during Rental Company’s regular store hours, or stated hours of Event, upon termination of the rental period. If not returned in a timely manner, Customer shall pay an additional charge equal to the daily rate for each day, or part thereof, that the goods are retained beyond the original rental period.

10. Customer agrees to pay for any damage or loss of the goods, as an insurer, regardless of cause, except

reasonable wear and tear, while the goods are out of the possession of the Rental Company. Customer also agrees to pay a reasonable cleaning charge, as determined by Rental Company, for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost or repair of damaged or lost goods. Equipment damaged beyond repair will be paid for at its full replacement value. The cost of any repairs will be borne by Rental Company, whether performed by Rental Company, or, at Rental Company’s option, by others.

11. Pick up and return will be at Rental Company’s stated site.  It is Customer’s responsibility to

maintain the pick up and return times agreed upon in order to assure the availability of equipment. If

Customer authorizes any other person (such as neighbor or employee) to make equipment available for return, Customer will be responsible if such person fails to do so.

12. The charge for the whole of each rental period accrues on the first day of each such period. There is no reduction or prorating of charges when Customer uses equipment for only part of rental period. Payment is due and payable at the end of the rental period.

13. Customer agrees to pay all reasonable collection, attorneys and court fees and other expenses involved in the collection of the charges or enforcement of Rental Company’s rights under this contract.

14. Upon a failure to pay fees or other breach of this contract, Rental Company may terminate this contract and take possession of and remove the goods from wherever they are, and Rental Company and its agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.

15. Customer acknowledges that he or she is not the agent of the Rental Company for any purposes.

16. Customer agrees that the Rental Company is neither the manufacturer of the goods nor the agent of the manufacturer.

17. This agreement is not a contract of sale. Title to the goods is and shall remain in Rental Company.

18. The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.

19. Customer agrees to indemnify and reimburse Rental Company for all liabilities to Rental Company, his agent or third parties, arising out of the use of the goods or a breach of this contract by Customer, including those arising from Rental Company’s negligence.

20. Any security or reservation deposit held by Rental Company shall be held as liquidated damages in the event of default as defined herein. If Customer for any reason cancels this agreement within 48 hours of first reservation date, the deposit will be retained as liquidated damages.

21. All tents/canopies cannot be guaranteed to be absolutely waterproof.  Rental Company does not guarantee any fabric not to crack, fade, shrink or tear.