SET-UP AND DELIVERY:
ALL TENTS WILL BE SET-UP A DAY OR TWO BEFORE YOUR EVENT & TAKEN DOWN A DAY OR TWO AFTER. (WEATHER PERMITTING) WE WILL CONTACT YOU ONE WEEK BEFORE YOUR SCHEDULED EVENT TO DISCUSS PARTICULARS AND COORDINATE A DELIVERY TIME. CONFIRMATION CALL TO BE MADE THE DAY BEFORE EVENT.
Little Texas Tents, shall not be liable and shall be held harmless in any manner for injuries or damages caused to persons or property by things falling over or coming into contact with ropes, stakes or other supports.
Little Texas Tents reserves the right to delay set-up and/or removal of the rental equipment if it is unsafe to do so due to severe weather, or a severe weather warning is in effect. We will proceed with set-up or removal once the severe weather has cleared. Under no circumstances will we install or takedown a tent with lightning strikes within 5 miles of the site. IMPORTANT! Our rental tents were manufactured for use as a temporary structure. The structure should not be considered safe when severe weather or lightning is present or approaching. If severe weather is present or approaching, we recommend evacuating the structure, and that all occupants seek shelter in an appropriate location until the storm/severe weather and warning has passed. If at any time you or your guests feel unsafe under or around the structure for any reason, they should leave the structure immediately. Little Texas Tents, shall not be liable and shall be held harmless for injuries or damages caused by fire or from any cause: rain, hail, snow, storms, high winds, floods, or any other disturbance of nature.
FIRES, FIREWORKS, GRILLES OR COOKING:
Under no circumstances are fires, fireworks, ash producing lawn candles, grilling, or any sort of cooking be permitted under, around or within 100 feet of the tent. The customer will be responsible for cleaning fees or total replacement if such misuse takes place.
TAPES OR ADHESIVES OF ANY KIND:
Under no circumstances is tape or any other adhesive substance permitted to be attached or stuck to the tent canopy or poles at any time!
UNDERGROUND UTILITIES AND EQUIPMENT:
We are required to drive very long stakes into the ground to properly secure your tent. It is the customer’s responsibility to have marked the locations of all underground utilities, sprinklers, septic fields/tanks or any other underground equipment. Little Texas Tents, it's employees or contractors will not be held responsible for any damage caused to any underground utilities or previously mentioned equipment that has not been properly marked.
Deposits are required to schedule and secure an event date. Deposits are non-refundable but can be used towards a rescheduled event or a different rental during the same calendar year.
PRIVATE PROPERTY EVENTS:
If setting up at commercial type property or a property being rented or leased, it is the customers responsibility to seek permission from that land owner to setup on the property.
We will not be held responsible for any damage caused to the sod, grass, asphalt, concrete, deck or finished patio.
EQUIPMENT DAMAGE OR ABUSE:
We do not hold our customers responsible for equipment failure from normal use and when our equipment has been used as instructed. However, the customer is responsible for any damage caused due to abuse or misuse of our equipment while in their possession. The customer is not permitted to set-up, move, adjust, or repair the rental tents. If repair or replacement of our equipment is necessary due to misuse whether by them or anyone present at their event, the customer will be charged accordingly for repair or replacement. IMPORTANT!! Chemicals like silly string type substances will often cause permanent staining of our tent canopies and sidewalls. If any damage is present at the time of pick-up we require the fees necessary for repair or replacement of the equipment in cash or check within 7 days of your reservation.
We expect our tables and chairs to be returned to us in the condition delivered. Although a small amount of dirt is expected, we do ask that the tables and chairs are wiped down after the event, removing all food and foreign substances. In the event of a spill or mess we ask it is cleaned up as quickly as possible in order to help prevent staining.
ATTORNEYS' FEES AND COSTS:
If any legal action or other proceeding is brought in connection with this Agreement, Little Texas Tents, if the prevailing party, shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which Little Texas Tents is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine if Little Texas Tents is the prevailing party in accordance with this provision.
This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to the contents of this Agreement.
ENFORCEABILITY, SEVERABILITY, AND REFORMATION:
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable but that by limiting such provision it would become valid and enforceable then such provision shall be deemed to be written, construed and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Texas law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Texas law.
This Agreement shall be governed exclusively by the laws of Texas, without regard to conflict of law provisions.
EXCLUSIVE VENUE AND JURISDICTION:
Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the state courts of Texas. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.
To the fullest extent of the law, property owner and/or equipment renter shall fully defend, indemnify and hold harmless Little Texas Tents from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever, including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local government body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of the property owner and/or equipment renter and/or Little Texas Tents, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to property owner and/or equipment renter for all legal fees, expenses and costs incurred by it.
This Agreement shall be signed on behalf of the property owner and/or equipment renter and/or their representative and effective as of the date of this Agreement as designated above. The property owner and/or equipment renter and/or their representative acknowledge he/she is authorized to enter into this Agreement.