Terms & Conditions

This will be the printed user agreement signed upon arrival.

USER AGREEMENT TERMS AND CONDITIONS

Grace + Kate & Co.

This Rental Agreement (this “Agreement”) is made effective as of (Date), between Grace + Kate & Co. (the “Company”), and Renter, _____________ (the “Renter”), and states the agreement of the parties as follows:

DEPOSIT AND BOOKING: A $100 deposit will be required at the time of booking in order to reserve your party date and theme, payable by Venmo (preferred method) or CashApp. We hope to give all clients their $100 deposit back to them in full. But damaged or lost/stolen equipment will result in a replacement fee for the cost of the item. A portion (or all depending on damages) of the $100 deposit will be used to replace damaged items. If the damage is greater than $100, we will contact you for the rest of the replacement fee. Please do your best to keep pets away from the tent area. Feel free to use the breakfast trays for food and drink, but please note that you are responsible for making sure the rental items remain stain free. Vomit, blood, paint, bed-wetting accidents, slime, nail polish, or any dark colored stain will automatically result in a replacement fee of the stained item.

The remaining rental balance will be due 7 days prior to the day of the party.

All bookings are for a one overnight hire period.

All prices are subject to change, however prices quoted at the time of booking will always be honored.

CANCELLATION: Cancellations can be made 7 days prior to the scheduled party date. Changes or cancellations less than 7 days result in a 0% refund. If you need to cancel due to an illness or family emergency, we will do our best to reschedule your party to a new date. If you do not wish to reschedule, your deposit will not be refunded.

While we hope this never happens, Grace + Kate & Co. reserves the right to cancel your party booking at any time, for any reason. We will always try to give as much notice as possible. Upon any such cancellation we will refund the Renter any monies paid in respect of the party booking, within 30 days, should any refund be due. Grace + Kate & Co. will not be liable to pay any compensation to the Renter or any other person for any loss, damage or expenditure arising directly or indirectly from the cancellation. Grace + Kate & Co. reserves the right to terminate the booking without notice if there is a breach of these conditions.

FORMS OF PAYMENT: We accept Venmo or CashApp.

OWNERSHIP: All rental items are the property of the Company. The Company will retain ownership of all items rented hereunder at all times.

INSURANCE: Insurance is the Renter’s responsibility during the rental period. Grace + Kate & Co. is not liable for any accidents that occur during said rental period. The Renter accepts all liability when renting from Grace + Kate & Co. The Renter is responsible for the security of the equipment at all times during the rental period. It is the responsibility of the Client to take duty of care and always supervise children with the hire equipment. Diligence must be taken with younger children on the Renter’s premises as Grace + Kate & Co.’s equipment is not recommended for children under the age of 5. Assembly/Disassembly is the responsibility of Grace +Kate & Co.’s staff. Please allow our staff to set up and pack up all items for your safety and to reduce the risk of damage. A checklist will be given to the Renter with all equipment, props, and accessories to help keep track of all items.

CONDITION OF RENTAL ITEMS: Renter agrees that all items will be returned to the Company in the same condition as they were in when initially received by Renter. Any lost, broken, damaged or destroyed equipment will be charged to the Renter at full replacement value. Rental equipment values:

Tent $50 each

Mattress $35 each

Fabric covering tent $30 each

Throw pillow $30 each

Animal plush $30 each

Breakfast tray $25 each

Throw blanket $20 each

Sheet $20 each

Other $20 each

LIABILITY TO THIRD PARTIES: We strictly provide entertainment. Please be aware that children need to be supervised. Grace + Kate & Co. will not be liable for any claim for personal injury, death, loss or damage to the property however caused. Grace + Kate & Co. has the final decision in all matters relating to these Terms & Conditions.

DELIVERY AND SET UP: Delivery, assembly, styling, collection and general laundering are included in the hire cost unless stated otherwise. NOT included in the general laundering is the case of damaged or lost equipment, or equipment that needs excessive cleaning.

Prices include delivery to locations within 20 miles from Lindale, TX post office. A $1.50 travel charge per mile will be added to deliveries located further than 20 miles away.

Delivery times will be agreed upon between the Renter and the Company on the date of the party. Friday deliveries must be after 4:30pm. Saturday and Sunday deliveries are more flexible. A 1-hour window for arrival will be given the day of delivery. The Renter is responsible for being present to accept delivery of the equipment. If The Renter is not available for some reason, an individual that is at least 18 years old must be present at The Renter’s location for Grace + Kate & Co. to deliver, set-up, and pick-up items rented to The Renter.

The time required for complete set up is approximately 1 hour, but may take more or less time depending on the number of teepees requested. We ask that no children, guests, or pets are in the party area during set up in order to avoid a time delay. All floor areas must be clear of furniture before setup begins.

COLLECTION: We will arrive the day after the party, at a previously agreed up time, to breakdown and collect items.

Saturday & Sunday collections will typically be between 11 AM-noon.

A walk-through will be performed with the Renter prior to breakdown to confirm there are no damages or issues.

ASSUMPTION OF RISK; WAIVER OF LIABILITY; INDEMNIFICATION: By accepting and using the rental items, the Renter, for itself and all other persons that may use the rental items (including, but not limited to any of Renter’s children or other children that use any of such rental items, such as the friends of Renter’s children), specifically acknowledges that each such item is being rented and used at the own risk of renter and such other persons. Accordingly, the Renter, for itself and on behalf of all such other persons, to the maximum extent permitted under applicable law, hereby releases the Company, Grace + Kate & Co., and its owners, employees, and representatives (collectively, “Company Parties”) from any claims, damages, risks, losses, costs, expenses, injuries or death that may result from any use of any rented items, whether Renter, the children of Renter (and/or the friends of Renter’s children that use any of the rented items), including but not limited to any damages to property and/or Renter’s place of residence, which in any way is associated with or caused by any rental items rented by Renter. Without limiting the generality of the foregoing, Renter acknowledges and agrees that none of the Company Parties will be liable, obligated or responsible for accidents, injuries or property damage directly or indirectly caused or incurred by the use (or misuse) of any person of any rental items rented by the Company. Renter agrees to indemnify, defend and hold harmless each of the Company Parties for, from and against any and all claims (including but not limited to claims of third parties), demands, suits, actions, causes of action, liabilities, damages, losses, costs and expenses (including, but not limited to, court costs and reasonable attorneys’ fees) which are made or asserted against, or which are incurred by, any Company Party and which arises, directly or indirectly, out of this Agreement or any use by Renter or any other person (including, but not limited to any children of Renter or any friends of Renter’s children) that makes use of any rental items or which otherwise results from any act, omission, injury, accident, death or damage to property that arises from any use or rental of any items rented to Renter by the Company (whether or not as a result of negligence and whether or not foreseeable).

MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without application of the rules regarding conflicts of law. The parties hereto hereby consent to the jurisdiction of the state courts, and irrevocably agree that all actions or proceedings arising out of or relating to this Agreement shall be litigated only in such courts. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. This Agreement constitutes the complete and exclusive statement of its terms and supersedes all prior discussions, dealings or negotiations, if any, between the Company and Renter. This Agreement may not be amended, except by an agreement in writing, signed by Renter and an authorized representative of the Company. In the event of litigation relating to or arising out of this Agreement, the relationship between the Company and Renter and/or any items rented or purchased by Renter from the Company, the non-prevailing party shall be liable to and pay (and a court of competent jurisdiction shall award recovery of) all court costs and reasonable attorneys’ fees incurred by the prevailing party in connection with or as part of such litigation, including pursuant to any appeal therefrom. THE PARTIES HERETO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THEM OR OTHERWISE ARISING UNDER THIS AGREEMENT OR PERTAINING TO ANY ITEMS RENTED OR PURCHASED BY RENTER FROM THE COMPANY.