AXTREME ENTERTAINMENT LLC
RENTAL AGREEMENT AND TERMS OF SERVICE
This Rental Agreement (hereinafter, “Agreement”) is made (today’s date) between AXTREME ENTERTAINMENT LLC, a Connecticut limited liability company (hereinafter, “Company”), and ________________________________ (renters full legal name), located at __________________ (renters mailing address) (hereinafter, “Renter” and together with Company, the “Parties” and each a “Party”), for the rental of mobile axe throwing services for Renter’s event (hereinafter, “Event”) scheduled for (event date) (hereinafter, “Event Date”).
SERVICES: Company agrees to deliver, setup, operate, and remove the mobile axe throwing trailer at the event location. At least one Company representative will be present at all times during the event including the event setup and takedown. The Company will explain the activity to participants and oversee the event. Company agrees to have the mobile axe throwing unit operational for the event hours; however, situations may arise in which operations may need to be interrupted for target changing, maintenance, service, inclement weather, and/or any unforeseen circumstances. Should Company fail to provide a fully operational axe throwing unit during the agreed upon time, an extended time period, partial refund, or rescheduling will be offered depending on the amount of time lost.
PAYMENT: Renter agrees to pay the full amount due for services at the time of booking the event. Payment is non-refundable. All bookings are non-transferable. If Renter is paying with a credit card, the Renter agrees to pay the 3.5% processing fee.
CANCELLATION: Renter acknowledges that the event must be canceled with at least 31 days (prior to the scheduled date/time of event) notice to Company in advance of the event and such cancellation will entitle Renter to a 100% refund of the total amount paid at the time of booking. If Renter cancels within 30 days of the scheduled event, Renter will receive NO refund. If an unforeseen circumstance forces the Company to cancel the event, Renter will be notified immediately and offered a full refund, or a rescheduling date.
SETUP/TAKEDOWN: Company will deliver, set up, and remove all necessary equipment from the event location. Renter will allow access to the event location at least 60-90 minutes before and 60-90 minutes after the event for setup and takedown. Renter agrees to have a reasonably accessible minimum 12′ x 40′ (480 sq. ft.) area with a reasonably level ground for the 20’x 8’x13′ trailer to park. Space shall be clear of overhead electrical lines, low hanging tree branches, and any other objects that may obstruct the safe performance of the event. Space should also be clear of underground water wells, and/or septic tanks. AXTREME ENTERTAINMENT reserves the right to cancel the event if the area, upon arrival, is not free and clear of any of the above items. In the event These conditions are not met and AXTREME ENTERTAINMENT SHOULD CANCEL THE EVENT NO REFUND SHALL BE GIVEN.
PARTICIPATION IN ACTIVITY: Renter understands that the Renter and all participants in the event must be over the age of 12 years, physically able to safely handle and throw a short handle axe. Renter understands that Renter and each participant at your event must sign AXTREME ENTERTAINMENT LLC waiver/release and acknowledgement of the Safety Rules prior to engaging in the event. You understand that Company, in its sole and absolute discretion, reserves the right to refuse the participation of anyone who displays the inability to safely handle and/or throw an axe due to physical, emotional, and/or mental disabilities. You also understand that Company reserves the right to refuse participation or terminate the use of the mobile axe throwing unit, should anyone display any type of misconduct and/or is impaired by the use of drugs and/or alcohol or for any violation of the Rules of AXTREME ENTERTAINMENT LLC. For participants under the age of 18 (“minors”), a parent or guardian must sign the AXTREME ETERTAINMENT LLC Waiver and Release form on behalf of the minor participant as well as the Safety Rules.
INCLEMENT WEATHER: Company reserves the right, in good faith, to cease the operation should the weather pose a potential danger to our personnel, equipment, you, or your participants. If operation must cease due to inclement weather including, but not limited to rain, lightning, and high winds, a partial refund, or rescheduling date will be offered, at the Company’s complete discretion.
LIABILITY AND INDEMNIFICATION: You indemnify and hold harmless AXTREME ENTERTAINMENT LLC, its employees, agents, representatives, officers, directors, members and/or owners and assigns, from any and all claims, losses, fines, demands, judgments, damages of any kind or nature, liabilities, lawsuits, arbitrations, and proceedings of any nature arising from or out of or in any way connected to the event. Renter, to the maximum extent permitted by law, holds Company and its employees, agents, representatives, officers, directors, owners, and assigns, harmless from any and all claims and/or action of any kind and nature resulting from or related to Company’s employees’ or agents’ negligent, errors and omissions in their performance under this Contract. You are further prohibited from and explicitly agree not to infringe upon the Company’s proprietary rights in any way, and will not use, copy, appropriate, or modify any property, tangible or intangible (including intellectual property, concepts, and ideas), belonging to the Company for your own personal or professional monetary gain, either directly or indirectly. In addition, you may not use any recorded media, including but not limited to, photographs, videos, voice recordings, for any personal or professional promotional uses, advertising purposes, or for any other type of use that would cause public confusion as to the proprietary ownership or of the Company’s business operations. YOU understand that the Company may take photographs or videos of the event for use on its website and the marketing of promotional material and hereby consent to the use of same by Axtreme Entertainment, LLC.
DAMAGES: Renter acknowledges that Renter is responsible for any damage or loss to AXTREME ENTERTAINMENT LLC equipment caused by the misuse or negligence of Renter and/or Renter’s participants. AXTREME ENTERTAINMENT LLC is not responsible for any damage to Renter’s property or the event location, and Renter agrees to ensure, or assume at your own risk, that AXTREME ETERTAINMENT LLC trailer and related equipment necessary for your event will fit on the rental property and that access to the event location will be available. You further agree and acknowledge that you will have on the day of the activity any and all local permits which may be necessary to hold your function.
ADVERTISING/MARKETING: I hereby grant AXTREME Entertainment, LLC on behalf of myself and on behalf of my minor child/ward the right to photograph and/or record me and/or my child/ward in connection with AXTREME Entertainment, LLC and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration and without compensation of any kind to me and/or my minor child/ward.
BINDING ARBITRATION: This Contract and the event is governed by the laws of the State of Connecticut and Renter agrees that any dispute shall be resolved exclusively by binding arbitration according to the rules of the American Arbitration Association. The prevailing party shall be entitled to an award of attorneys’ fees and costs.
The undersigned acknowledges and represents that he/she has read and understands the Safety Rules on the company’s website and is voluntarily entering into this Agreement and agrees to abide by same during the event. Failure to do so may result in the event being terminated.
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