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Terms and Conditions of Service

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This Terms of Service has been last updated on 4/1/2020.

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BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY SHORE TENTS AND EVENTS LLC YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS &CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your order, (2) the START of your service or (3) your receipt of an e-mail OR invoice from SHORE TENTS AND EVENTS LLC confirming your order, whichever happens first. THIS AGREEMENT, UNLESS OTHERWISE PROVIDED, IS EFFECTIVE FOR AN INITIAL TERM OF ONE YEAR AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE ONE YEAR TERMS, SHORE TENTS AND EVENTS LLC MAY TERMINATE THIS AGREEMENT AT ANY TIME WITH 30 DAYS NOTICE, OR SHORE TENTS AND EVENTS LLC MAY TERMINATE THIS AGREEMENT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.

1. DEFINITIONS

For the purposes of this Agreement:

1.1.

“Shore Tents and Events LLC, “us,” “we,” “our” and grammatical variants thereof shall collectively refer to Shore Tents and Events LLC., an LLC organized and existing under the laws of the State of Florida, United States of America, located at 2520 McMullen Booth Rd. Ste B. #210, Clearwater, FL, 33761, U.S.A. and its assigns and successors in interest.

1.2.

“Shore Tents and Events LLC Services” shall mean the products and services provided by Shore Tents and Events LLC and/or Shore Tents and Events LLC’s affiliates, agents, or assigns at any given time, including but not limited to tent rentals party rentals, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in Shore Tents and Events LLC’s sole discretion.

1.3.

“Content” shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.

1.4.

“Customer Service” shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.

1.5.

“Fee” shall mean monies and other consideration you are obligated to pay to Shore Tents and Events LLC for the right to use the Shore Tents and Events LLC Services subject to the terms and conditions of this Agreement and of the particular Shore Tents and Events LLC Services for which you have registered, as outlined on the then-current schedule of fees.

1.6.

“Fee Schedule” shall mean the fees for the Shore Tents and Events LLC Services provide, which may be modified at any time in Shore Tents and Events LLC’s sole discretion pursuant to the provisions of 23.1.

1.7.

“International Customers” shall mean customers residing in or accessing the Shore Tents and Events LLC Services from outside of the United States and Canada.

1.8.

“Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Shore Tents and Events LLC Services and the laws of any provinces, states or dependencies thereof.

1.9.

“Parties” shall collectively refer to Shore Tents and Events LLC and you.

1.10.

“Payment Account” shall refer to the credit card, debit card, checking account, or PayPal account provided by You upon registration to pay for Your Services (including payment for deposits). Shore Tents and Events LLC may add, delete, or modify the methods by which customers can pay for the Shore Tents and Events LLC Services at any time without prior notice, in its sole discretion. Payments processed by PayPal are subject to PayPal’s terms and conditions of service, and Shore Tents and Events LLC makes no representations or warranties with respect to those services.

1.11.

“Customer Support” shall refer to communications from us to you dealing with problems or questions relating to support matters involving services provided by us to you.

1.12.

“You”, “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

1.13.

“Your Services” shall mean the specific Shore Tents and Events LLC Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Shore Tents and Events LLC Services pursuant to the current Fee Schedule.

1.14.

“Rented Item(s)” or “Items” means the items rented to you, as identified on this page (including any “Instructions” provided below), “Customer,” “Lessee,” “you” and “your” mean the customer or “Lessee” identified on this page, “Lessor,” “we,” “us” and “our” mean Shore Tents and Events LLC., a Florida LLC, d/b/a “Shore Tents and Events”.

2. TERM AND TERMINATION

2.1.

Unless sooner terminated pursuant to other terms of this Agreement, and except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one year and shall be automatically renewed each year for additional one year periods unless and until sooner terminated pursuant to the provisions of this Section 2. Shore Tents and Events LLC may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement.

2.2.

You or Shore Tents and Events LLC may terminate this Agreement at any time for any reason, with or without cause, upon thirty days’ written notice.

2.2.1.

if Shore Tents and Events LLC, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 8,

2.2.2.

if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or

2.2.3.

if payment for the Shore Tents and Events LLC Services is more than thirty days overdue.

3. DESCRIPTION OF SERVICES

Subject to and conditioned upon Shore Tents and Events LLC’s retained rights and all other terms and conditions set forth in this Agreement, Shore Tents and Events LLC offers the Shore Tents and Events LLC Services as soon as practicable after payment of any and all fees due. The Shore Tents and Events LLC Services are subject to the following conditions and restrictions:

3.1. Tent and Party Supply Rental services

3.1.1.

Shore Tents and Events LLC shall provide tent and party rental supply services to you on a non exclusive basis.

3.1.2.

Shore Tents and Events LLC, either directly or through its assignee or licensee, shall provide Customer Service relating to your services consisting of replying to customer questions or complaints regarding services provided by us to you relating to your services. Shore Tents and Events LLC is not obligated to provide any Customer Service except as specified in this Section 3. Any and all requests for additional Customer Service may be refused by Shore Tents and Events LLC with or without reason. Any additional Customer Service which Shore Tents and Events LLC may subsequently agree to provide to you shall be at Shore Tents and Events LLCs sole discretion and once commenced, may be terminated at any time by Shore Tents and Events LLC without notice to you and without any liability to Shore Tents and Events LLC. Notwithstanding the foregoing, Shore Tents and Events LLC at its sole discretion may at any time alter or cease providing the Customer Service which it has agreed to provide to you relating to your services pursuant to this Agreement without any liability to Shore Tents and Events LLC.

3.1.3.

Shore Tents and Events LLC, either directly or through its assignee or licensee, shall provide Customer Support relating to your services. Any and all requests for Customer Support may be refused by Shore Tents and Events LLC with or without reason, in its sole discretion. Any Customer Support which Shore Tents and Events LLC may subsequently agree to provide to you shall be at Shore Tents and Events LLC’s sole discretion and once commenced, may be terminated at any time by Shore Tents and Events LLC without notice to you and without any liability to Shore Tents and Events LLC.

3.1.4.

Shore Tents and Events LLC Services are not available to International Customers.

4.FEES

4.1.

The Deposit Fee is due, in advance of the provision of services. In the event that Shore Tents and Events LLC determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in Shore Tents and Events LLC’s sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.

4.2.

Deposit Fees must be paid in United States Dollars in advance of the provision of services. If payment in full is not received by Shore Tents and Events LLC from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for Your Services upon demand by Shore Tents and Events LLC.  The remaining balance is due on your event date and/or delivery.

4.3.

Shore Tents and Events LLC may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined. Our special pricing packages pricing is only valid for our special pricing packages listed on this page, and is not valid on any other items not listed on this page (standard pricing applies to any specially or custom items or any other items you need other than the inventory included in our pricing packages page.  Those items can easily be added to your order for an additional fee.)  State and local taxes, delivery fees, and permit fees (if required), are not included.

4.4.

You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of $49.95, which must be paid in full.

4.5.

Shore Tents and Events LLC does not accept orders from International Customers.

4.6.

A credit card number and/or 50% deposit is required to reserve an event date. A signed “Rental Contract” is required upon delivery/installation. Cash or check payment in the full amount is required upon delivery. Shore Tents and Events LLC reserves the right to cancel a reservation due to severe/unsafe weather conditions at no cost to the lessee.

4.7.

All Shore Tents and Events LLC prices, policies, and services are subject to change, without notice.

4.8.

Deposits are NON-REFUNDABLE. ALL SALES ARE FINAL. Your deposit secures your event date. There are no refunds. However if severe weather impacts your event date, we reserve the right to change your event date without any fee.  You are also able to make changes to your order (head counts) 10 days before your event date.  If severe weather, an act of god, or national emergency impacts your event date, we will extend courtesy by allowing you to re-schedule your event up to TWO years without penalty applying your deposit, however we offer no refunds, for any circumstances, on deposits.

4.8.

DAMAGE WAIVER FEES:  Shore Tents and Events LLC charges a Damage Waiver of 100% of the cost (of the invoice price) on any equipment that is damaged or missing (except linens) (together, “DW Items”). DW items are tents, tables, chairs, lighting, china, dance floors, or any other equipment that is not linens. Damage Waiver is NOT OPTIONAL. You will be liable for all loss of or damage to: (a) any and all other (DW) Item(s), to the extent such loss, damage or destruction: in whole or in part from: (b) your breach of this Contract; (b) your failure to timely return any DW Item(s); (c) gross negligence, misuse and/or abuse; (d) vandalism and malicious mischief, (e) use of alcohol or drugs; (f) violation of any law or policy of insurance. DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY.

4.8.

PERMIT FEES: Some cities, counties or municipalities may charge a fee for large events or outdoor gatherings. Permits themselves and any permit fees may be required for your event. If this is the case, then Shore Tents and Events LLC can help obtain your permit for an additional fee (fees may vary depending on locale). Or the client is free to obtain the permit themselves. If you forego having ST&E obtain your permits and do the work yourself and you end up failing to secure any permit and if your event gets shut down due to any local permit ordinance, ST&E will not be held responsible or liable if your event is cancelled due to any permit issues.

4.8.

DELIVERY FEES: Shore Tents and Events LLC serves the entire state of Florida. Delivery fees may apply depending on your event location. Delivery fees are determined by how far you are from our home base in Clearwater FL. The customer will be informed of any delivery fees on their invoice.

4.9.

STATE AND LOCAL TAXES: Shore Tents and Events LLC  is required to collect the mandatory 6% Florida state sales tax plus the Pinellas County FL local sales tax of 1% for a total of 7% sales tax ordered on all of our services.

5.0.

DEPOSITS & OTHER FEES: 50% of the cost of the invoice is required upfront and non-refundable. Initial deposits can be made via credit card, money orders, cash, or PayPal. Final deposits must be made with 48 hours of the event date. Final deposits can only be made via PayPal, credit cards, cash, or money order. If booking an event within 48 hours, and delivery and inventory is available, then full payment is required and full payment must be made via PayPal/credit card, money order, or cash. No checks will be accepted. Furthermore, an additional fee may be required for rush delivery, and rush setup for events booked within 48 hours. If your booking an event within 48 hours, an additional fee may be required for pick-up (if applicable).

5. NO WARRANTIES BY SHORE TENTS AND EVENTS LLC

THE SHORE TENTS AND EVENTS LLC SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SHORE TENTS AND EVENTS LLC SERVICES IS AT YOUR SOLE RISK.SHORE TENTS AND EVENTS LLC DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SHORE TENTS AND EVENTS LLC SERVICES. NO WARRANTY IS MADE BY SHORE TENTS AND EVENTS LLC REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND SHORE TENTS AND EVENTS LLC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES; AND WE MAKE NO  GUARANTEE THE SERVICE WILL PERFORM UP TO ANY LEVEL OF EXPECTATIONS.

6. SHORE TENTS AND EVENTS LLC’S LIMITED LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL SHORE TENTS AND EVENTS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE SHORE TENTS AND EVENTS LLC SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, SHORE TENTS AND EVENTS LLC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE SHORE TENTS AND EVENTS LLC FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF SHORE TENTS AND EVENTS LLC FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO SHORE TENTS AND EVENTS LLC IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $150,000.

7.YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES

7.1.

You agree and warrant that the contact information you have provided to Shore Tents and Events LLC is complete and accurate, and you further agree to notify Shore Tents and Events LLC within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, your website.

7.2.

You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the Shore Tents and Events LLC Services.

7.3.

You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the Shore Tents and Events LLC Services and that no taxing authorities shall have any claim against Shore Tents and Events LLC or any persons affiliated therewith for the payment of such taxes.

7.4.

You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.

7.5.

You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the “Entity List” or “Denied Persons List” maintained by the US Department of Commerce or the list of “Specially Designated Nationals and Blocked Persons” maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for Shore Tents and Events LLC Services.

7.6.

SEVERE WEATHER:  WARNING. TENTS, LIGHTS, AND GENERATORS CAN BE DECEPTIVELY DANGEROUS, AND MAY MOVE, COLLAPSE, LEAK, OVERTURN OR CATCH FIRE, PARTICULARLY DURING SEVERE WEATHER. Use such Rented Item(s) only for their intended use(s) and only in compliance with applicable Instructions. You agree to: (a) maintain and post an OSHA-compliant Evacuation Plan for all rented tents; and (b) if severe weather occurs or threatens: (i) discontinue use of and EVACUATE such Item(s); (ii) notify us of the same immediately; and (iii) take all necessary steps to: (A) ensure the safety of all occupants; (B) protect all Rented Items; and (C) permit Shore Tents and Events LLC to postpone delivery and/or installation of, or dismantle and store or retrieve any or all such Item(s) (without obligating Shore Tents and Events LLC to do so). (8) In the event of a Malfunction, you will immediately notify us, and provided the Malfunction did not result from your wrongful or negligent act or omission, we will: (a) repair the subject Rented Item; (b) provide you with a replacement; or (c) prorate the Rent and cancel this Contract. The foregoing remedy is EXCLUSIVE. Shore Tents and Events LLC will have no obligation other than as set forth herein regarding Malfunctions. You waive and relinquish any and all claims arising therefrom or associated therewith. (9) Except with respect to Rented Items which Shore Tents and Events LLC rents from one or more third parties (each, an “Owner”) and then re-rents to you (“re-rented items”), Shore Tents and Events LLC alone owns and will retain title to all Rented Items. Your only right with respect to such Item(s) (including re-rented Item(s)) is to use it/them in full compliance with this Contract during the Term. You will not permit the taking or existence of any lien, claim or encumbrance on any Rented Item. You may not transfer, sublet or assign any Rented Item(s) or this Contract without Shore Tents and Events LLC’S prior written consent.

7.7.

You agree to rent the Rented Item(s) from Shore Tents and Events LLC, and Shore Tents and Events LLC agrees to rent the Rented Item(s) to you, for the period(s) specified on Page 1 (the “Term”) subject to the terms of this Contract. You agree to pay Shore Tents and Events LLC the rental rate(s) set forth on Page 1 (the “Rent”), together with any other charges accruing hereunder, without proration, reduction or setoff, until the Rented Item(s) is/are returned to and accepted by Shore Tents and Events LLC. Rental rates are for normal use of the Rented Item(s) on a daily or per-event basis. The Rent will be increased for any additional time or use. No allowance will be made for period(s) of nonuse. Shore Tents and Events LLC has estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agr