Rental Item Agreement

The following is a sample rental item agreement so that you may review general terms. You will be asked to review and sign a rental item agreement that is specific to your order before making payment.

[SAMPLE AGREEMENT]

In consideration for the rental or purchase of items from Rugged Horizon (the “Items”), Rugged Horizon Enterprises, LLC (“Rugged Horizon” or “we”) and the party whose name and signature are at the end of this document (“Customer,” or “you”), hereby agree as follows:

General. Rugged Horizon’s provision of the Items is expressly made conditional on Customer’s assent to the terms and conditions set forth in this Rental Item Agreement (“Agreement”). Customer’s signature on this Agreement, payment for, or acceptance of, any Items supplied by Rugged Horizon shall, without limitation, constitute acceptance of these terms.

Rental Period. The Rental Period shall begin and end on the dates and times set forth at the end of this Agreement. For Customers who have weddings or other events booked at Rugged Horizon, the Rental Period shall be the same as the “Rental Period” set forth in the Venue Rental Agreement between the parties.

Rental Location. Unless otherwise specified at the end of this Agreement, the Rental Location shall be the Rugged Horizon venue, located at 62143 Blood Ranch Lane, St. Ignatius, MT 59865.

Delivery and Return of Rental Items. Unless otherwise specified at the end of this Agreement, the Items will be delivered to Rugged Horizon, 62143 Blood Ranch Lane, St. Ignatius, MT 59865, at the beginning of the Rental Period, and such Items must be returned by Customer to the same location. Please note that some Items, such as Cloth Napkins, are subject to minimum order requirements, otherwise delivery charges to the Rugged Horizon venue shall apply. If Customer requests that the Items be delivered to, and/or picked up from, an off-site location, such details will be set forth at the end of this Agreement. Rugged Horizon reserves the right to charge delivery and pick-up fees based upon the mileage and labor required. Such charges will be detailed in the invoice to Customer.

Rental Price. The total price (“Rental Price”) for the Items, plus any other fees, shall be set forth in the invoice(s) from Rugged Horizon.

Payments.

Non-Refundable Reservation Payment. In order to reserve Items, Rugged Horizon may, at its sole discretion, require a non-refundable reservation payment of 20% of the total Rental Price. This payment must be made before the Items will be reserved for Customer, and will be applied toward the total balance due for the Items. For this reason, please submit your order as soon as possible, and at least 30 days prior to your event. Please also order the highest quantity you anticipate needing, so that we may confirm your Items are in stock and reserve the appropriate amount.
Minimum Order Requirements. Certain Items, such as cloth napkins, are subject to minimum order requirements, otherwise delivery and other charges may be applied to the order. Off-site rentals, if available, are subject to a $400 minimum order requirement and additional terms and conditions may apply.
Damage Deposit/Security Deposit. At its sole discretion, Rugged Horizon may require a refundable damage deposit/security deposit. This damage deposit/security deposit must be paid as specified by Rugged Horizon. If Customer increases their order, the damage/security deposit will be increased accordingly. Upon Customer’s completion of their obligations in this Agreement, Rugged Horizon shall return to Customer the damage/security deposit, less any amounts deemed necessary to repair or replace the Items in accordance with the section titled “Care and Return of the Rental Items.”
Non-Refundable Final Payment and Final Counts. Within the time period set forth by Rugged Horizon (generally 14 days prior to the event date for wedding clients of Rugged Horizon's and 30 days prior to the event date for off-site customers), Customer must confirm and finalize the count(s) of all Items that Customer requests and make non-refundable payment in full, including for any additional charges that may apply (e.g., off-site delivery and pickup, setup, takedown, etc.). Failure to submit this payment by the stated due date may, in Rugged Horizon's sole discretion, cause immediate cancellation of Renter's Order, and no amount of the reservation payment shall be refunded. Rugged Horizon will not release any part of Renter's order without payment in full, including any other charges that may apply to the order (e.g., off-site delivery and pickup, setup, takedown,etc.).
Credit Card on File. For off-site rentals, Rugged Horizon requires a valid credit card on file. At the time Customer picks up the Items for off-site use (or if Rugged Horizon delivers the Items to an off-site location), Customer agrees to complete a credit card authorization form which will authorize Rugged Horizon to charge such credit card for any amounts due under this Rental Item Agreement. Rugged Horizon will not release the Items to Customer for off-site use until the credit card authorization form is complete and a valid card is on file.

Items & Quantities. Rugged Horizon carries limited quantities of some of the Items, and may need to place orders or make substitutions or modifications if listed Items become unavailable. For this reason, Rugged Horizon requests that orders be submitted at least 30 days prior to Customer’s event so that Rugged Horizon may confirm the requested Items and quantities are in stock. If Items become unavailable prior to Customer’s event, Rugged Horizon will notify Customer and will seek Customer’s permission to substitute or modify the Items or quantities in question. If the modifications or substitutions are not acceptable to Customer, Rugged Horizon will refund any amount(s) paid for such Item(s) and such refund shall constitute Customer’s sole remedy.

Reductions to the Order and Cancellations. Up to fourteen (14) days prior to the beginning of the Rental Period, Customer may reduce the quantity of Items requested without penalty, so long as the order is not canceled in full. If the order is canceled in full fourteen (14) or more days prior to the beginning of the Rental Period, Customer shall forfeit the 20% non-refundable reservation payment and no amount of that payment shall be refunded. Orders may not be reduced less than fourteen (14) days prior to the Rental Period, and Customer will remain liable for the full Rental Price regardless of the quantity of Items actually used.
Increases to the Order. Customer may increase the order up until the beginning of the Rental Period, subject to availability and confirmation from Rugged Horizon. Customer agrees to make payment for such increases, and to pay any additional damage/security deposit or other applicable charges, before the requested Items will be delivered to the Customer.

Care of the Rental Items.

Care of the Rental Items. Customer shall be responsible for any and all damage to any of the Rental Items not caused by ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the Rental Items caused by ordinary, reasonable, and proper use of the Rental Items. Customer shall be liable to Rugged Horizon for any and all damage which is not “ordinary wear and tear” in an amount equal to the cost of repairing or replacing the Rental Items, as Rugged Horizon, in its sole discretion, elects. All Rental Items shall be returned clean and in the packaging in which the Items were delivered. Failure to do so will result in charges for the extra time and materials used to clean and repackage the Items. Customer will be charged full replacement cost for any Items that are damaged beyond repair or otherwise not returned at the conclusion of the Rental Period.
Special Handling. Customer agrees to comply with the following special handling requirements and other details:

Tablecloths, Cloth Napkins, and Other Linens. “Ordinary wear and tear” does not include damage to tablecloths, napkins, or other linens caused by ink, marker, crayon, mildew, or other unusual stains (e.g., crayon, marker, glue, wax, pen, other adhesives, burns, and holes). Tablecloths, cloth napkins, and other linens should be shaken out and dry before returning the Items; please do not place them in plastic bags.
PA System. If Customer chooses to rent the PA system and use it outdoors, Rugged Horizon requires that Customer rent or provide a tent to keep the PA system protected from the elements so that it is not damaged by sun, rain, or wind.
Food and Beverage Items. Please see the section titled “Food and Beverage Items – Additional Terms and Conditions” for special handling requirements applicable to these Items.

Missing Items. If Items are not returned by the end of the stated Rental Period, Renter will be charged the full replacement cost of the Items. If the cost exceeds the amount of the damage/security deposit, Customer agrees to pay for such additional costs. For off-site rentals, Customer authorizes Rugged Horizon to charge Customer's credit card on file for the full replacement cost of any Missing Items.

Setup and Takedown Not Included, Unless Otherwise Specified. Rugged Horizon does not include setup and takedown of the Items in the Rental Price, unless otherwise specified in the invoice from Rugged Horizon. Setup and takedown services are available for an additional fee and must be arranged, and paid for, prior to delivery of the Items.

Food and Beverage Items – Additional Terms and Conditions. If Customer’s order includes Food and Beverage Items (including lemonade, coffee, etc.), the following terms apply:

Delivery Time and Service Period. The Food and Beverage Items will be delivered to the Rugged Horizon venue, 62143 Blood Ranch Lane, St. Ignatius, MT 59865, and be ready to serve on the date and time (“Delivery Time”) agreed upon between the parties and detailed in the invoice from Rugged Horizon. The Food and Beverage Items will be available for a normal service period of two (2) hours from the Delivery Time. For food safety reasons, leftover food items will remain the property of Rugged Horizon. Rugged Horizon will not be held responsible for any food Items removed without its knowledge or consent, or food brought in by attendees.
Food and Beverage Items to Be Served. The Food and Beverage Items to be served are as described in the invoice. Any changes must be agreed to in writing between the parties, and may be subject to additional fees and terms. Rugged Horizon reserves the right to make small changes to the menu only if key ingredients are unable to be sourced due to reasons beyond its control.
Manner of Service; Client Responsible for Disposing of Trash. The Food and Beverage Items will be self-serve. Customer is responsible for throwing away any trash related to the Food and Beverage Items.
Treatment and Handling of Catering Equipment. If Customer’s order includes Food and Beverage Items, then Customer is responsible for any catering equipment that Rugged Horizon provides for service of the food/beverages. Catering equipment included with the Food and Beverage Items, if any, must be returned to the barn at the conclusion of the Rental Period so that they may be cleaned and washed. Any missing or damaged equipment or supplies will be charged to Customer in accordance with the provisions set forth under “Care of Rental Items.”
Allergens and Dietary Restrictions. Please proactively reach out to your guests early to identify anyone who might have special needs due to dietary necessity, personal preference, or religion. Rugged Horizon will work with Customer to address any of these issues, but please note that deviations from the menu may incur additional costs and in certain cases may not be possible. For that reason, any specific dietary needs must be addressed in advance, as Rugged Horizon has limited ability to respond to such requests while serving Customer’s event. **Food provided by Rugged Horizon may have been produced in a facility that may be cross-contaminated with tree nuts, peanuts, soy, milk, eggs, wheat, shellfish, and other potential allergens.**
Indemnification and Hold Harmless. By the submission of Customer’s order for Food and Beverage Items, Customer agrees to indemnify and hold harmless Rugged Horizon in the event more guests attend the event than reported to Rugged Horizon in the order form, or if not enough food, beverages, or services are ordered to properly serve the attendees. Customer further agrees to indemnify and hold harmless Rugged Horizon for any food or beverages removed from the venue by any person or persons whatsoever and consumed or transferred to another person, persons, or organizations whatsoever, and consumed which causes sickness and any or all conditions leading up to and including death.

Inspection. Customer is responsible for counting and inspecting Rental Items upon delivery. By accepting the Rental Items, Customer agrees and acknowledges that the Items are in good working condition at the time of receipt and that the delivery totals are correct.

No warranties. Rugged Horizon provides the Items “as is,” without any warranty, express or implied, including warranties of merchantability or fitness for a particular purpose.

Possession/Title.

Rental Items. Customer shall have possession of the Rental Items for the Rental Period. In the event that the Rental Items are not returned to Rugged Horizon at the conclusion of the Rental Period for any reason, including theft or loss, Customer is obligated to pay Rugged Horizon for the full replacement value of such Items, plus any and all incidental costs associated with Rugged Horizon’s attempts to pick up or recover the Items. Title to Rental Items is, and shall remain, in Rugged Horizon’s name. Customer shall not cause or permit the Rental Items to be sublet, rented, sold, or removed from the Rental Location. Customer agrees to keep the Items in Customer’s custody and control throughout the duration of the Rental Period.
Purchase or Sale Items. Some Items offered by Rugged Horizon are purchase or sale Items because they are disposable – e.g., disposable palm leaf plates, disposable utensils, plastic or paper cups, paper napkins, burlap, jute twine, ice, and other Items described by Rugged Horizon as being “sold” or “for sale” to Customer. Title to any Items sold to Customer and risk of loss to such Items passes to Customer upon delivery.

Force Majeure. Rugged Horizon shall not be liable for the losses resulting from nonfulfillment of any terms or provisions of this Agreement if Rugged Horizon shall be prevented or delayed from performing in whole or in part because of war, riot, strike, flood, adverse weather event, virus or other communicable disease, or by any other act or occurrence not within the reasonable control of Rugged Horizon, which it could not prevent.

Assumption of Risk. Customer acknowledges that use of the Items creates some risk of personal injury to Customer and third parties, as well as damage to property, and Customer expressly assumes that risk. Customer therefore agrees to use the Items safely and in the manner for which such Items are intended to be used. Customer will not alter or substitute any parts on the Items without prior consent from Rugged Horizon. Rugged Horizon is not responsible for any personal injury or property damage resulting from Customer’s misuse, unsafe use, or reckless use of the Items. Customer will indemnify and defend Rugged Horizon from and against any damage claims arising out of Customer’s misuse, unsafe use, or reckless use of the Items.

Limitation of Liability. Rugged Horizon's liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the Items shall be limited to repairing or replacing such Items found by Rugged Horizon to be defective with new or reconditioned Items at Rugged Horizon's discretion, or, at its option, to refunding, in part or full, the rental or purchase price of such Items. The parties hereto expressly agree that Customer's sole and exclusive remedy against Rugged Horizon shall be for the repair or replacement of the defective Items, or, with Rugged Horizon's consent, the refund of the purchase or rental price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Rugged Horizon is willing and able to repair or replace the defective Items in the prescribed manner or refund the price, in partial or full, for Items covered by the Agreement.

Disclaimer of Consequential and Incidental Damages. In no case will Rugged Horizon be liable for the cost of procurement of substitute goods, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages, even if Rugged Horizon has been advised of the possibility of such damages, which customer or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the Items. Consequential damages for purposes hereof shall include, without limitation, loss of use, income, or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property handled or processed by the use of the Items). Customer shall defend, indemnify, and hold Rugged Horizon harmless against all liability, cost, and expense which may be sustained by Rugged Horizon on account of any such loss, damage, or injury.

Choice of Law and Venue. This Agreement shall be governed by Montana law and venue will be had in courts serving Montana’s 20th Judicial District (Lake County).

Severability. Customer understands and agrees that this Agreement is intended to be as broad and inclusive as is permitted by law, and if any portion of it is held invalid, the balance shall continue in full legal force and effect.

Signatures. This Agreement may be executed by facsimile or electronic signature, and a facsimile or electronic signature will constitute an original for all purposes.

[The following clause will be included in your Rental Item Agreement if you rent paddleboards.]

Liability Release if Renting Paddleboards. Customer understands and is aware that paddleboarding is a hazardous activity involving exposure to inherent and other risks of injury, death, or property damage, including drowning. Customer is familiar with the dangers of bodies of water, including waves, rapids, submerged objects, and other users of the waterways. Customer is competent to handle such dangers and chooses to participate in paddleboarding in spite of such risks. In transporting and using the paddleboards, Customer agrees to obey all rules and laws of the road and bodies of water, including posted signs. In recognition of the risks associated with Customer’s participation in paddleboarding activities through the use of Items offered by Rugged Horizon, Customer VOLUNTARILY ACCEPTS AND ASSUMES ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE that might be associated with or result from these activities. To the fullest extent allowed by law, Customer agrees to HOLD HARMLESS, RELEASE, INDEMNIFY, AND PROMISES NOT TO BRING A CLAIM AGAINST OR SUE Rugged Horizon, its owners, officers, employees, or agents from any and all liability on account of, or in any way resulting from, personal injury, death, or property damage associated with or resulting from paddleboarding, whether caused by the NEGLIGENCE of Rugged Horizon, or by any other reason.

[Signatures and other details about your order will follow.]

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