BORROWED GOODS LLC RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is entered into between Borrowed Goods (“Company”) and the undersigned Customer (“Customer”). By signing this Agreement, Customer agrees to all terms and conditions set forth herein.
RENTAL ITEMS AND TERM
The rental items listed on the invoice, quote, or order confirmation (“Rental Items”) are rented to Customer for the agreed rental period.
Unless otherwise specified, the standard rental period is a maximum of ten (10) consecutive hours. Additional fees may apply for rental periods exceeding ten (10) hours.
Customer agrees to return all Rental Items at the agreed date, time, and location.
RESERVATION, DEPOSIT, AND PAYMENT
A non-refundable reservation deposit equal to fifty percent (50%) of the total rental amount is required to reserve Rental Items and secure the event date.
The reservation deposit is earned upon receipt and compensates Borrowed Goods for reserving inventory, blocking the event date, administrative costs, event planning, and the potential loss of other rental opportunities. Accordingly, the reservation deposit shall not be refunded in the event of cancellation by Customer for any reason.
The remaining balance is due no later than five (5) calendar days prior to the event date.
Any reservation with an outstanding balance less than five (5) calendar days before the event date may be suspended or canceled at Borrowed Goods' sole discretion.
Borrowed Goods shall have no obligation to deliver, release, set up, or otherwise provide Rental Items until all amounts due have been paid in full.
If the remaining balance is not paid at least five (5) calendar days prior to the event date and Borrowed Goods elects to cancel the reservation, all amounts previously paid, including the reservation deposit, shall be forfeited.
Any post-event charges, including but not limited to damage fees, replacement costs, cleaning fees, late return charges, or other amounts due under this Agreement that remain unpaid for more than ten (10) days after invoice shall be subject to a one-time late fee of $25.00 and interest at the rate of 1.5% per month (18% annually), or the maximum rate permitted by law.
CANCELLATION POLICY
All deposits are non-refundable.
A non-refundable reservation deposit equal to fifty percent (50%) of the total rental amount is required to reserve Rental Items and secure the event date.
The reservation deposit shall not be refunded under any circumstances, including cancellation by Customer.
The remaining balance is due no later than five (5) calendar days prior to the event date.
Customer may cancel the reservation at any time before the remaining balance becomes due. In the event of such cancellation, Customer shall forfeit the reservation deposit but shall be entitled to a refund of any amounts paid in excess of the reservation deposit.
If Customer cancels within five (5) calendar days of the event date, or after the remaining balance has become due, Customer shall remain responsible for one hundred percent (100%) of the total rental amount, and no refunds shall be issued.
Cancellation requests must be submitted in writing and can be emailed directly to borrowedpartygoods@gmail.com.
At its sole discretion, Borrowed Goods may permit a reservation to be transferred to a future available date. Any approved transfer may be subject to pricing adjustments and availability.
CREDIT CARD AUTHORIZATION
A valid credit card must be provided and maintained on file before Rental Items are released.
Customer authorizes Borrowed Goods to charge the card on file for:
Borrowed Goods will provide an itemized invoice for any such charges.
CUSTOMER RESPONSIBILITY
Customer assumes full responsibility for Rental Items from the time they are delivered, picked up, or otherwise placed in Customer’s possession until returned to Borrowed Goods.
Customer agrees to:
Use Rental Items only for their intended purpose
Exercise reasonable care
Protect Rental Items from weather, theft, misuse, and damage
Keep Rental Items in a secure location
Immediately notify Borrowed Goods of any damage, loss, or malfunction
Customer shall not alter, modify, paint, glue, staple, tape, drill into, or permanently attach anything to Rental Items without prior written approval.
DAMAGE, LOSS, AND CLEANING
Minor wear and tear resulting from ordinary use is expected and shall not result in additional charges. However, Customer shall be responsible for damage caused by negligence, misuse, abuse, improper handling, unauthorized modification, theft, loss, vandalism, or failure to adequately protect Rental Items.
Borrowed Goods may charge:
The reasonable cost of repair; or
If repair is impractical or uneconomical, the fair replacement value of the item considering age, condition, depreciation, and market value.
Borrowed Goods shall determine whether repair or replacement is appropriate following inspection. Items returned requiring extraordinary cleaning beyond normal post-rental preparation may incur a reasonable cleaning fee.
LATE RETURNS
Rental Items not returned by the agreed return time shall incur an additional rental charge equal to one full rental day for each day or partial day the items remain outstanding.
If Rental Items are not returned within two (2) calendar days after the agreed return date, Borrowed Goods may deem such items lost and charge Customer the applicable replacement value in addition to accrued rental charges.
MISSING OR UNRETURNED ITEMS
Customer is responsible for all missing Rental Items, components, hardware, accessories, décor pieces, linens, signage, and related property.
Borrowed Goods may charge the replacement value of any item not returned.
Acceptance of replacement-value payment shall not waive Borrowed Goods’ right to recover the property.
DELIVERY AND ACCESS
If delivery or pickup services are provided, Customer shall ensure safe and reasonable access to the delivery location.
Additional fees may apply if Borrowed Goods personnel encounter excessive delays, inaccessible locations, unsafe conditions, inaccurate addresses, or require multiple trips.
INSPECTION OF RENTAL ITEMS
All Rental Items are inspected before and after each rental.
Customer shall inspect Rental Items upon receipt and promptly notify Borrowed Goods of any concerns before use.
Use of Rental Items constitutes acknowledgment that they were received in acceptable condition.
ASSUMPTION OF RISK
Customer acknowledges that use of Rental Items may involve inherent risks.
Customer voluntarily assumes all risks associated with possession, transportation, setup, handling, and use of Rental Items.
RELEASE, INDEMNIFICATION, AND HOLD HARMLESS
To the fullest extent permitted by law, Customer agrees to release, defend, indemnify, and hold harmless Borrowed Goods and its owners, employees, agents, and representatives from and against any claims, demands, liabilities, damages, losses, costs, or expenses arising from:
Customer’s possession or use of Rental Items
Injury, death, or property damage involving Rental Items
Customer’s breach of this Agreement
The acts or omissions of Customer, guests, vendors, contractors, or invitees.
LIMITATION OF LIABILITY
Borrowed Goods shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, event interruption, emotional distress, or cancellation-related losses.
In all circumstances, Borrowed Goods’ total liability shall not exceed the amount paid by Customer under this Agreement.
UNEXPECTED EVENTS
Neither party shall be liable for delays or failure to perform caused by events beyond reasonable control, including severe weather, natural disasters, acts of government, public emergencies, labor disputes, transportation interruptions, or other force majeure events.
CHARGEBACKS
Customer agrees not to initiate a credit card chargeback for valid charges authorized under this Agreement.
If Customer initiates an unsuccessful chargeback, Customer shall be responsible for all resulting fees, costs, and expenses incurred by Borrowed Goods.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles.
Any legal action, proceeding, or dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts having jurisdiction in Sauk County, Wisconsin, and the parties consent to the jurisdiction and venue of such courts.
SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or representations.
No amendment shall be valid unless made in writing and signed by both parties.