24-001.00AMPdEntertainmentLLCRentalAgreement Addendum to Rental Agreement, City of Spokane Valley. Quote #24-0091.
These Terms and Conditions supersede any other contract or AMPD policies.
(Read Carefully)
This Agreement by and between AMP'D Entertainment,LW A Washington Stale Limited Liability Company,and 1 t Ty 6 ''1IA46.VAlLepihe
person or entity Identified by signature on this contract,on the day,month and year of, ,for the service of the personal property on the
day,month and year of, ,as described on the Invoice In which this agreement is related,is subject to all the terms and conditions set forth
herein,and Lessee,in consideration thereof,hereby acknowledges and agrees as follows:
DISCLAIMER:Every effort Is made to assure the descriptions and prices are correct.Lessor reserves the right to correct errors as needed,All prices and availability are subject to change without notice.
SHIPPING:In some rentals order,It will require shipping.Lessor will use a preferred shipping vendor and Is subject to change at any tkne without notice.Lessee agrees to pay both outgoing and return
shipping charges at the lime of the Initial transaction unless parties otherwise agree.PAYMENT.RETAINERS.DEPOSITS:Leese wit pay Lessor with 30 days upon Lease's receipt of an Invoice from Lessor.My Invoice shall be sent to Nikki Kole's,Nkoler spokanevalleywa,gov,with a copy
to the City of Spokane Valley attention the Finance Department et Acceuntspayable@spokanevalleywa.gov.
CANCELLATIONS BY LESSOR:Lessor reserves the right to cancel any order,for any reason,at any time before delivery or will call pickup occurs.-
CANCELLATIONS BY LESSEE:Cancellations made 24 hours,before the delivery date of the event,lessee will forfeit the deposit made.If there was no deposit collected,nothing else Is required.If
Cancellation occurs Inside 2 weeks before delivery,Client will forfeit 50%of the deposit collected.If no deposit was collected,nothing else Is required.If Cancellation happens anytime up to 2 weeks before
the event date Is scheduled for deliveryor customer pickup,then 100%ofyour deposit be refunded.However,In consideration of lessor's preparing,purchasing,holdingin reserve,anysub-rental
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equipment,or speciaborder items purchased for lessee's event,there may be a cancellation fee assessed.Lessor will contact lessee If this happens to discuss.
RENTAL PERIOD:The rental period starts the day Lessee picks up equipment or the time Lessor delivers equipment.If rented equipment Is returned to Lessor within three days of Lessee picking It up Then
the amount owed to the Lessor shall be 15%of the total cost of the rental agreement delineated herein.Rental periods can be extended and booked for longer than 3 days.It will depend on the availability of
the rented or desired equipment.
LOADING INTO LESSEE VEHICLE:Lessee is responsible for all damages to the property as a result of a Lessor representative loading and unloading properly into Lessee's vehicle.In this event,Lessee
assumes the risk of damage to Its vehicle and shall be responsible for an damages to the Property.
ACKNOWLEDGEMENT OF RECEIPT;INSPECTION:Should it be determined that the Property Is not adequate for the Lessee's purposes,the Lessee may return the Property within three In which case the
amount owed shall be 15%of the total costs as discussed In the section titled'Rental Period'.
INTENDED USE:Lessee agrees that the property will be used at the address listed on the event contract or other location owned by the Lessee and for the time period designated on the event contract and
solely for those purposes and in the manner for which the property in manufactured and Intended.
RETURN DATE:Lessee agrees to retum the property to the place designated by Lessor by the time period specified by the Company and the event contract t'End Date).Lessee Agrees If the event Lessee
desires to extend the Agreement beyond the'End Date",to contact Lessor in advance of the'End pate'and obtain Company's approval of such extension.Lessee shall be liable for all costs associated
therewith,as determined by the company.
REPLACEMENT OF MALFUNCTIONING PROPERTY:Lessee agrees that In the event the property fails for any reason Lessee Is responsible,at Lessees own expense,for discontinuing Its use,notifying
Lessor and transporting the property back to Lessor.Lessee acknowledges that under no circumstances Is Lessee authorized by company to Incur any expenses for the repair or replacement of property and
therefore will not be re-Imbursed for monies invested Into fixing the equipment.
NO WARRANTIES:Lessor is neither the manufacturer of the property nor the agent of the manufacturer,and no warranty against patent or latent defects In material workmanship or capacity is given,and
Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise.There are no warranties of merchantability or fitness,either express or Implied.Expect as expressly
provided In this agreement.Lessor is not responsible for any Incidental or consequential damages caused by delays or otherwise,and lessee hereby waives any right or entitlement thereto.
RETURN OF PROPERTY;LIABILTY:At the termination of this agreement,Lessee shall return the property and make It easily available for the Lessor to pick up the properly,in the same condition and repair
as when delivered to lessee.Lessee shall be liable for all damages to or loss to the property.Lessee agrees to pay all additional charges for cleaning or repair upon return by Lessee,and,further,If the
property Is lost or damaged.Lessee will pay the Lessor the full cost,replacement or repair of the lost or damaged property,as determined by the Lessor.Lessee maybe assessed extra charges for labor and
delays.
DAMAGED OR MODIFIED EQUIPMENT:Lessee shall keep the Equipment in good condition.Lessee shall not materially modify or alter the Equipment.In the event of any material modifications,Lessee wit
be responsible for all reasonable costs of Lessor In restoring the Equipment to its normal condition.Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause,except damage
In the possession of the Shipper,during the term of the Lease.Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment,It is assumed any damage to
the equipment occurred during the Term of the Lease.If Lessor chooses an external venue for repair,Lessee Is responsible for the total cost of repair,if commercially reasonable.Lessor may elect to repair
the Equipment In-house.In these cases,Lessee shall be responsible for Lessor's reasonable expenses for parts and labor.Lessee's form of payment shall be charged the amount of repair expenses owed to
Lessor.At Lessees'discretion,a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
a. Smoke;
b. Mud or did;
c. Chalk or powder;
d. Sand;
e. Any other matter that must be removed from the Equipment before it Is placed back in Lessor's inventory.;
LOSS OF EQUIPMENT:Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the rental period.Lost or Stolen Equipment—In the event that the Equipment
is reported by Lessee to be lost or stolen during the term of the Lease,Lessee Is liable to Lessor for the replacement value of the Equipment.Lessor shall Invoice Lessee's for the amount owed for replacement
of the lost or stolen Equipment
DAMAGE WAIVER:Lessee must,pay en additional sum to Lessor for a limitation of liability for damaged equipment.The Damage waiver plan limits Lessee's liability In the case of damage on covered
equipment.Damaged equipment must be rehtrned to Lessor at the expiration of the rental period.Where damage to the equipment Is covered by the Damage waiver,Lessee's maximum liability of damage is
the lesserof 8%of the replacement cost of the equipment or the actual cost of repair,The damage waiver only limits liability for damage caused by the ordinary negligence of the Lessee and does not cover
any or the following types of damage:
a. Water damage;
b. Camera sensor damage caused by exposure to the Sun;
c. Intentional damage;
d. Damage arising from reckless or grossly negligent use of the equipment;
e. Damage caused by abnormal or abusive use of the equipment;
f. Lost Accessories;
MISSING ACCESSORIES:In the event of any missing accessories,Lessee will be liable for the replacement of any accessories to the Lessor.
TIME OF ESSENCE:Lessee agrees that the time Is of the essence In this agreement and that the Lessee Is charged for the time the property Is In Lessee's possession,not the amount of time the property Is
used.Lessee's right of possession terminates an the expiration of the return date and retention by Lessee of possession aflet this time constitutes a material breach of Lessee's obligations under this
agreement.
DELIVERY/PICKUP:If Lessor Is delivering or picking up the rented equipment,delivery Is made to the closet point the company vehicle can park.Additional charges may and will result in deliveries to other
floors,elevator use or to any location where extra time is Involved.Lessor is not responsible to either setup the property or take down the Property unless otherwise agreed to by the Lessee and Company in
their contract,all for an additional charge. If this service Is required,Lessee must make arrangements with company at least 5 Business days prior to delivery.
WEATHER-RELATED RISKS:Lessee assumes all weather-related risks Involved in holding an outdoor event.Lessee assumes ail weather-related risks Involved in holding an outdoor event.If any rented
Property should become unusable duo to wind,snow,rain,hall,sleet,storm,tornadoes,flooding,cold or heal,or any other weather-related,lessee shall remain liable to Lessor for payment of all fees
associated with the Property,even if IL wasn't used.
PREPERATION OF EQUIPMENT AND SITE AND REMOVAL OF PROPERTY:Lessee agrees to have the site,upon which the property Is to be delivered,free and clear of all obstacles,natural and man-
made,prior fa the delivery of the property by company.Lessee shell be solely responsible for and shall indemnify Company from any cost,expense,or liability arising from the removal of such property,
Including,but not limited to,the disposal of such personal properly.
UNDERGROUND FACILITIES: Lessee agrees to have all underground facilities In the vicinity of the installation and setup of the property clearly marked prior to the arrival of the property.Lessee assumes
full responsibility for any damage to any of Lessee's underground facilities.
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PROHIBITED ACTIVITIES:Lessee agrees and acknowledges that the following activities shall by prohibited within 25ft.of any rented property:Open fires,cooking,grilling,fireworks,or sparklers,and/or use
of any other heat source that may cause damage to the rented Property.In addition to prohibiting any heat source,Lessee agrees that rented Property will be kept clear of any water of liquid source that can
harm rented Property.
PERMITS AND LICENSES: Lessee agrees and acknowledges that he/she Is responsible for obtaining any license or permit required by State,County and City to run rented property.
NO ALTERATIONS or ADDITIONS:Lessee shall make no alterations or additions to the installation of the property by Lesser.Lessor assumes no liability or responsibility for any damage that may occur to
any persons,including death,or property In,under or around the property as a result of any alterations or additions made by Lessee as Lessee shall be solely liable for any loss and damages that may occur
to any persons,Including death,or property,Including,but not limited to,the property as a result of any alterations or additions.
AUTHORIZATION TO RECOVER PROPERTY:Lessee agrees that if Lessee breaches this agreement,fails to timely pay required charges,becomes Insolvent,or for any other mason makes it necessary for
the company to reposes its property,the Lessor shall be authorized to enter Lessee's Property and reposes the property without any legal process,Lessee agrees that tire Lessor or its agents may use ail
means or force necessary to repose Its property.Lessee agrees to pay any and all costs and expenses associated with Lessor's repossession of its property and/or collection sums due by Lessee under this
agreement,including,but not limited to reasonable attorney's fees and costs.
PAST DUE CHARGES:Past due charges start to accrue 30 days after payment is owed.Lessor may charge interest on all:past due charges or fees at a rate to the Lessor of 12%per annum,or the highest
rate permitted by law.
TAXES:Lessee agrees to pay and be solely responsible for any and all taxes,Inducting,but not limited to all sales and use taxes,
FORCE MAJEURE:Neither Party will be liable for any failure or delay In performing an obligation under this agreement that Is due to any of the following causes,to the extent beyond Its reasonable control;
Acts of Gad,Riots,War,terrorists act,epidemic,pandemic,quarantine,natural catastrophes,fire explosion or changes In laws or regulations.For the avoidance of doubt,Force Maleure shall not include(a)
financial distress nor the Inability of either party to make a profit or avoid a financial loss,(b)a party's financial inability to perform it's obligations hereunder.
HOLD HARMLESS:Lessee agrees to indemnify and hold Lessor,Its officers,directors,employees,and agents harmless for any and all liability of any nature whatsoever out of or associated with the use,
maintenance,and/or return of the property.Lessee further agrees to indemnify and hold Lessor,its officers,directors,employees,and agents harmless for all damages to third persons or their properly
resulting from Lessee's possession,use aroperation of the property,Including any and all attomay's fees and costs associated with any claims arising from such damages,Lessee agrees,In the event of
theft,collision,or other accident Involving the property,to furnish the company with a copy of any police report prepared In connection with the theft,collision or accident,and further that the property will only
be used by Lessee or the person specifically designated herein,and no otter person without the consent of Lessor.
JURISDICTION:Lessee agrees that this agreement and all matters and issues collateral hereto shall be construed according to the laws of the State of Washington.Lessee agrees that the Spokane County
Superior Court In Washington shall have exclusive jurisdiction,including personal Jurisdiction,and shall ba the exclusive venue for any and ail controversies and claims arising out of or relating to this
agreement or a breach of thereof.
Lessee acknowledges the following:RCW 9A.56.096:THEFT OF RENTAL PROPERTY.A person commits theft of rental property if a person who,with the Intent to deprive the owner or owner's
agent,wrongfully obtains or exerts unauthorized control over,or by color or aid of deception gains control of personal property that Is rented or leased to the person,Is guilty of theft of rental,
leased or lease-purchased property. J -
Renter Signature:
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AMPD Lighting and Audio Visual Quote(Quote Number:24-0091)
Conditions: Subtotal: $352.50
Your signature confirms acceptance of this estimate. Damage Waiver: $28.20
Please note,we do charge a 3.0%fee on all credit card payments. Sales Tax: $33.88
Total: $414.58
U Lighting and AUttio Total Applied Payments: $0.00
V a Balance Due: $414.58
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esti mate. Damage Waiver may take the place of a COI on some cases.
All Labor and Delivery charges are estimated. We will bill actual labor
charges on final invoice. Labor is always a minimum of 4 hours.
Quotes are valid for 60 days, unless otherwise noted at the top of this
quote,from date they were created.
We cannot guarantee availability or pricing without receiving a
signed copy of this agreement.
Additionally,we do offer credit terms for Corporate and Business
clients. Please contact in advance for authorization.
X —G$—2-
Signature Date Accepted
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