CONTRACT 5788 One Page Service Agreement CLOSEDServices Agreement
Agreement No. 5788
DATE MAILED: 0911312019
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI
Segundo, Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial ,general liability insurance must meet or exceed the requirements of ISO -CGL, Form No. CG 00 0,11185 or
88. The amount of insurance sel forth below will be a combined single limit per occurrence for bodily injury, personal injury, and properly
damage for the policy coverage, Liability policies will be endorsed to name the City, its officials, and employees as "additional
insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims
made," basis and will not be cancellable or subject to reduction except upon thirty (30) days' prior written notice to the City.
Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® Comorehensive General Liabililu, including coverage for premises, products and completed operations, independent contractors,
personal injury and contraclual obligations with combined single limits of coverage of at least 1,000 000 per occurrence,
® Auto Liabilitv, including owned, non -owned and hired vehicles with at least:
® $1,000.000 per occurrence.
❑ '100.000.300.000, per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company,
® Workers' Comoensation Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and SELLER
signs statement to this effect.)
® Business License: The SELLER agrees to have a current City of EI Segundo license on file at City Hall or purchase said license
(at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate, Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Coov of valid oicture LID, (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INSURANCE AND OTHER REQUIREMENTS LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE
ISSUANCE OF A CITY PUR'CHAS'E ORDER (BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS
AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.
SubLrr%ltedi byW comnfete all blanks!:
COLOR COPY REQUIRED BACK TO THE CITY
Company Name ("Seller"):
By (Print name & title):
Choura Events
:51 M M I L L(x /L
Company Street Address:
Vendors Authorized Sigrna
540 Hawaii Ave.
City, State, Zip:
Dale signed:
Torrance, CA 90503
17 5� P �o I U►
Phone:
FAX:
(3101320.6200
Vendor's Email address:
Vendor's Web site:
jim@chouraevenls.com
vj,,„ w houraevenr, coin
Mall original agreement and In ce to:
ty of EI Seguhdo Ity Clark 350 Main Street, Room 5, EI Segundo, CA 90245.3813
OriginatorlDepartment Conlact:,-,,,,
_,..... Date initiated:
9nsnrran pr Val
_.� to 10
—47•
City Ad'a ey
t ag, r City Clark
(1( Ste)
Company Name
1,GENERALLY. The materials, supplies, or services (collectively, "Purchase")
covered by this Services Agreement ("Agreement") must be furnished by Seller
subject to all the terms and conditions contained in this Agreement which Seller,
in accepting this Agreement, agrees to be bound by and comply with in all
particulars. No other terms or conditions are binding upon the parties unless
subsequently agreed to in writing. Written acceptance or shipment of all or any
portion of the Purchase covered by this Agreement constitutes unqualified
acceptance of all terms and conditions in this Agreement. The terms of any
proposal referred to in this Agreement are included and made a part of the
Agreement only to the extent it specified the Purchase ordered, the price, and
the delivery, and then only to the extent that such terms are consistent with the
terms and conditions of this Agreement.
2.CONSIDERATION. As consideration, City agrees to pay Seller for City's
services not to exceed a total of $31,614.90 (Thirty One Thousand Six Hundred
Fourteen Dollars and Ninety Cents) for the work. City will pay for work as
specified in the attached Exhibit "A," which is incorporated by reference.
&INSPECTION. The Purchase furnished must be exactly as specified in this
Agreement, free from all defects in Seller's performance, design, workmanship,
and materials, and, except as otherwise provided, is subject to inspection and
test by City at all times and places. If, before final acceptance, any any
Purchase is found to be incomplete, or not as specified, City may reject it,
require Seller to correct it without charge, or require delivery of such Purchase at
I a reduction in price that is equitable under the circumstances. If seller is unable
or refuses to correct such items within a time deemed reasonable by City, City
may terminate the Agreement in whole or in part. Seller bears all risks as to
rejected Purchases and, in addition to any costs for which Seller may become
liable to City under other provisions of this Agreement, must reimburse City for
all transportation costs, other related costs incurred, or payments to Seller in
accordance with the terms of this Agreement for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for latent
defects, fraud, or such gross mistakes as constitute fraud.
4.CHANGES. City may make changes within the general scope of this
Agreement in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving notice to
Seller and subsequently confirming such changes in writing. If such changes
affect the cost of or the time required for performance of this Agreement, an
equitable adjustment in the price or delivery or both must be made. No change
by Seller is allowed without City's written approval. Any claim by Seller for an
adjustment under this section must be made in writing within thirty (30) days
from the date of receipt by Seller of notification of such change unless City
waives this condition in writing. Nothing in this section excuses Seller from
proceeding with performance of the order as changed.
5. TERMINATION. City may terminate this Agreement at any time, either
verbally or in writing, with or without cause. Should termination occur, City will
pay Seller as full performance until such termination the unit or pro rata order
price for the performed and accepted portion of the Purchase. City may provide
written notice of termination for Seller's default if Seller refuses or fails to comply
with this Agreement. If Seller does not cure such failure within a reasonable time
period, or fails to perform the Purchase within the time specified (or allowed by
extension), Seller will be liable to City for any excess costs incurred by City.
6.TIME EXTENSION. City may extend the time for completion if, in City's sole
determination, Seller was delayed because of causes beyond Seller's control
and without Seller's fault or negligence. In the event delay was caused by City,
Seller's sole remedy is limited to recovering money actually and necessarily
expended by Seller because of the delay; there is no right to recover anticipated
profit.
7.REMEDIES CUMULATIVE. City's rights and remedies under this Agreement
are not exclusive and are in addition to any rights and remedies provided by law,
8JITLE. Title to materials and supplies purchased under this Agreement pass
directly from Seller to City upon City's written acceptance following an actual
inspection and City's opportunity to reject.
9.PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing expenses
unless specified in this Agreement. Drafts will not be honored.
Company Name
Agreement No. 5788
10,1NDEMN1FICATION. Seller agrees to indemnify and hold
City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorney's fees), injuries, or liability, arising out of the Purchase or the
Agreement, or their performance. Should City be named in any suit, or should
any claim be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of the Purchase or Agreement, or their
performance, Seller will defend City (at City's request and with counsel
satisfactory to City) and indemnify City for any judgment rendered against it or
any sums paid out in settlement or otherwise. For purposes of this section "City"
includes City's officers, elected officials, and employees. It is expressly
understood and agreed that the foregoing provisions will survive termination of
this Agreement. The requirements as to the types and limits of insurance
coverage to be maintained by Seller, and any approval of such insurance by
City, are not intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this Agreement,
including, without limitation, to the provisions concerning indemnification.
11.WARRANTY. Seller agrees that the Purchase is covered by the most
favorable commercial warranties the Seller gives to any customer for the same
or substantially similar supplies or services, or such other more favorable
warranties as is specified in this Agreement. Warranties will be effective
notwithstanding any inspection or acceptance of the Purchase by City.
12.ASSIGNMENT. City may assign this Agreement. Except as to any payment
due under this Agreement, Seller may not assign or subcontract the Agreement
without City's written approval. Should City give consent, it will not relieve Seller
from any obligations under this Agreement and any transferee or subcontractor
will be considered Seller's agent.
13.INSURANCE. Seller must provide the insurance indicated on the face sheet
of this Services Agreement.
14.PERMITS. Seller must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing this Agreement.
15.INDEPENDENT CONTRACTOR. City and Seller agree that Seiler will act as
an independent contractor and will have control of all work and the manner in
which is it performed. Seller will be free to contract for similar service to be
performed for other employers while under contract with City. Seller is not an
agent or employee of City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits City provides for its employees. Any
provision in this Agreement that may appear to give City the right to direct Seller
as to the details of doing the work or to exercise a measure of control over the
work means that Seller will follow the direction of the City as to end results of the
work only.
16.WAIVER. City's review or acceptance of, or payment for, work product
prepared by Seller under this Agreement will not be construed to operate as a
waiver of any rights City may have under this Agreement or of any cause of
action arising from Seller's performance. A waiver by City of any breach of any
term, covenant, or condition contained in this Agreement will not be deemed to
be a waiver of any subsequent breach of the same or any other term, covenant,
or condition contained in this Agreement, whether of the same or different
character.
17.INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any
action involving this agreement will be in Los Angeles County.
Materials, supplies or services to include:
Refer to attached Exhibit "A'
4TM l C..L+f 't!r f
.
Choura Events
54o Hawaii Ave.
Torrance, CA 90503
Ph: 310-32o-62oo
JOB DESCRIPTION: City Of El Segundo - Champions of Business -
MOICIE TO:
JOB SITE:
City Of El Segundo
Kings Training Facility
350 MAIN STREET,
555 N Nash St
EL SEGUNDO, CA 90245
El Segundo, CA ,90245
Attention: Barbara Voss
Contact:
Phone: (310) 524-2300
Phone:
Email: b�,oss@elsegundo.org
Email:
Agreement No. 5788
titimv.chou raevents.com
Job # 38018
Event Date:9/26/2ox9
Salesperson: Jim Sala
Email: jim@chouraevents.com
Assistant: Sandra Valdovinos
Terms:
Order Status: Active
Job PO #:
EQUIPMENT & DESIGN p Deliver -Thursday -U;�nt-it......
p y -' y cni Start -Thursday Pickup -Thursday
V 9/26/2oxq io:oo Ahl-22:oo PM I 9126J2019,5:00 PM- 9/26/2orq 9:30 PM -
Initial to confirm above information is correct:
Quantity Description
I Notes:
Note: All revisions must be evade br iWonday 9,Q3rdno later
501,11i di -polo is regtarcd hp, 9,118
lir°rlcxrrt t^ aAarrTrr�^.xrlaa v° � "-1
Note Schedule:
10:00anr - Start Krrchen lnslall ([)amide Facilin)
12: 00pm - Starr !aside lnsrall (Ice Rink)
3:30per - Lrsiall Complete
8:30pna - Strike Kitchen (Outside Facilirg)
9.30per - Strike (Ice Rink)
11: 00pre (EniOr Srrike Complete
Total
— CHECK IN
Quantity Description
2 8' Banquet Table
2 8' Drape Black
8 Wood Folding Chair - While
Total — CHECK IN
Price Subtotal
$0.00 $0.00
$0.00
Price Subtotal
$11.50 $23,00
$20.00 $40.00
$2.75 $22.00
$85.00
Page i of 6 Printed 9/16/2019 12:53 PM
Step & Repeat
Quantity
Description
I
Step & Repeat Banner
$450.00
Note: - Need Arrmo°k By I')5
$300.00
8xl6'Siep Al Repeat
$21.00
Cherron. Can' of El S°egwndo, Continental Development
2
Telescope 2", Adjust 6'- 10'
Note 16'A'Baaner and Frame
3
Upright Adjust 5'- 8'
3
Large Base 18"x18"
Total Step & Repeat
*** Cocktail Hour ***
Quantity
Description
6
Isaksen Cocktail Table
1
24" Round Glass Cocktail Table
2
6' Royal Bar - White
2
Back Bar Adler w/Three Shelves
2
Slim Jim Trash Can 23 Gal
2
White Velon Wrap- Trash
Note: While t'elna Wrap
400
Lena White Wine Glass l3oz
400
Double Old Fashion 9oz
2
8' Banquet Table
Note: Appetizer tables
2
8' Drape Nova Solid - TBD
Total ***
Cocktail Hour ***
*** Seating
***
Quantity
Description
35
72" Round Table
35
132" Nova Solid - TBD
350
Napkin - Nova Solid - TBD
Note: 300- for seating
40 -for bread baskets
350
Chiavari Chair - Black
350
Chair Pad Cover - Pewter
Agreement No. 5788
Price Subtotal
$920.00 $920.00
$ 14.50 $29.00
$8.00 $24.00
$12.75 $38.25
$1,011.25
Price Subtotal
$85.00
$510.00
$65.00
$65.00
$225.00
$450.00
$150.00
$300.00
$10.50
$21.00
$10.00
$20.00
$1.95
$780.00
$0.75
$300.00
$11.50
$23.00
$48.50 $97.00
$2,566.00
Price
Subtotal
$15.50
$542.50
$48.50
$1,697.50
$1.95
$682.50
$9.00 $3,150.00
$5.00 $1,750.00
Page 2 of 6 Printed 9/16/2019 12:53 PM
Agreement No. 5788
*** Seating ***
Quantity Description
Price
Subtotal
1 Table 36" Round - 30"h
$9.25
$9.25
1 90" Round Black
$13.75
$13.75
Total *** Seating ***
$7,845.50
Charcuterie Station
Quantity Description
Price
Subtotal
2 8' Banquet Table
$11.50
$23.00
2 8' Drape - TBD
$20.00
$40.00
Total - Charcuterie Station
$63.00
*** Table Top ***
Quantity Description
Price
Subtotal
350 Castle Dinner Plate 10 1/2"
$0.60
$210.00
700 Castle S/d Plate 7"
$0.60
$420.00
350 Castle B/b Plate 6"
$0.60
$210.00
350 Castle Coffee Can Cup
$0.65
$227.50
350 Bristol Dinner Fork
$0.85
$297.50
350 Bristol Dinner Knife
$0.85
$297.50
700 Bristol S/d Fork
$0.85
$595.00
100 Bristol Teaspoon
$0.85
$85.00
350 Lena Water Goblet 16oz
$1.95
$682.50
350 Lena White Wine Glass 13oz
$1.95
$682.50
35 Castle Sugar & Creamer Set
$3.00
$105.00
35 Glass Salt & Pepper Shaker
$3.00
$105.00
35 Silver Bread Basket Round
$6.00
$210.00
Total *** Table Top ***
_
$4.127.50
*** Misc ***
Quantity Description
Price
Subtotal
1 Podium. Lucite
$250.00
$250.00
4 Plastic Trash Can 32 Gal
$9.50
$38.00
4 Kwik Cover - White (Trash Can)
$6.00
$24,00
8 Waiter Tray. Large
$6.75
$54.00
8 Waiter Stand
$8.25
$66.00
20 Plastic Water Pitcher
$3.60
$72.00
Page 3 of 6 Printed 9/16/2019 12:53 Piet
*** Misc ***
Quantity
Description
28
Plastic Thermo White Large
4
Plastic Chilling Tub 19 Gal
$185.00
Note 2 -pet bor
4
Velon Wrap Chill Tub
$393.75
Note: 11,70e chill tabs
28
S/s Ice Tong 6"
Note: For Dessert
Total ***
Misc
- Stage
Quantity
Description
176
Carpet Black
Nolc 2:432.Tectiopid,ai'lPl;tcAcarper -tosA-i)-iiiitircu)-peyasii,elI
4
Stage Guard Rail 4'
2
Stage B i Wax 4'x4'
Note. for camera stands
]- 4'x8'
is
Stage Bil-Jax 4'x4'
Note: l2x20x18"s1qge
Total - Stage
- Kitchen
Build -Out
Quantity
Description
I
Commercial Convection Oven
I
Commercial Double Door Refrigerator
I
Commercial Oven w/6 Burner Stove
I
Electric Transit Cabinet
10
Transit Tray Full Sheet
Note: DIAlEXISIONS 18",V26"
8
8' Banquet Table
8
Table Leg Extension
4
Plastic Trash Can 32 Gal
4
Kwik Cover - White Kwik Cover (Trash Can)
10
Trash Can Liner
I
15x25 Traditional Canopy - White
Agreement No. 5788
Price
Subtotal
$6.75
$189.00
$7.50
$30,00
$0.00 $0.00
$2.50 $70.00
$793.00
Price Subtotal
$1.50 $264.00
$25.00 $100.00
$40.00 $80.00
$1,044.00
Price Subtotal
$425.00
$425.00
$375.00
$375.00
$215.00
$215.00
$185.00
$185.00
$5.25
$52.50
$11.50
$92.00
$1.25
$10.00
$9.50
$38.00
$6.00
$24.00
$0.65
$6,50
$393.75
$393.75
Page 4 of 6 Printed 9/16/2019 12:53 PM
Agreement No. 5788
Kitchen Build -Out
Quantity Description
Price
Subtotal
8 Cement Bloch 2401b W/Cover - White
$32.00
$256.00
1 8x60 Flat Top I pc - White
$410.00
$410.00
10 Cement Block 2401b W/Cover - White
$32.00
$320.00
l 20x40 Qwik Canopy - White
$840.00
$840.00
6 30w Led Light - Quartz
$35.00
$210.00
3 50' Extension Cord White
$ I0.00
$30.00
3 Multi Plug - Surge Bar White
$10.00
$30.00
Total — Kitchen Build -Out
$3.912.75
— Lighting - AV - Power
Quantity Description
Price
Subtotal
Audio, Video, Lighting, Cominunication $8,365.00 $8,365.00
Note:: t UDIO:
.dews fGfi Kit
AI/d'ia.'t'rable P'ockap
Mks Ah weu„ Sumd on Tripod. Ultimate Speaker Tripod
d'IDEO: (accessories)
Black Magic Directional
Birtch ,11gic b' Md„0I'Yi for
'A e'%'loaves Fhad Pan Clead Camera Tripod
Cnanera Sa7i�'
Conti Resohime ArenaAledla Server. Control Roland.
I- Display 40"LED Td'Display
.2- Display 65" LED TI'
?- LED T!'
?• y!rrsrhxar 75"1.11)Ti;
f4sph'o e:'aatclicde'ncc AlonirorStand
Dasplm' LG 34” Ultra Wide
Dislrfat' T i ' Stcand 6'
l edea Cable Package
Note: LIGHTING.-
LED
IGHTING:LED Chaurel Oration Leko Bodr
Chaan-et Shin Par Pro Hex
Chau let Oration 2.5-50 HS Degree Zoom Lens
I Lighting Cable
COMA•1 UN1CATION:
Clear Coinin - base ?ch
Clear Canna Cable Package
Clear Conan Single Channel Beirpack
Clear Corona Single MuJjHeadset
TRUSS ! RIGCIING I SUPPOP.T
Total — Lighting - AV - Power $8,365.00
Stand By:
Quantity Description Price Subtotal
2 Stand By Labor $300.00 $600.00
Page 5 of 6 Printed 9/16/2019 12:53 PM
Noic, (2) Swnd BY,r 4:40pw4 9 Ppm
Total Stand By:
Notes:
Agreement No. 5788
$600.00
llroduct"FolaU: $30,413.00
Discount:
($1,972.65)
Service Chame�
4
$3,16U0
Damage \Vaiver
$0.00
Laboi%
$0.00
Dclitvry/Misc:
$0.00
Tax.
$5.35
Job Total: $31,614.90
All orders must be finalized and paid per the agreed upon change period, which is determined and communicated at the time of order confirmation.
Change period expiration is based upon scope, complexity and timeline needed for event preparation and staging. Any changes to the order after this
time will be subject to an additional Service Charge based on labor and equipment availability.
Client Signature: Date:— , -- —
Page 6 of 6 Printed 9/16/2019 12:53 PM
Agreement No. 5788
CHOURA EVENTS RENTAL AGREEMENT TERMS & CONDITIONS
In consideration of hiring of the Rental Itemsiequipmentrservices (the "Rental Items") described on the attached Rental
Agreement/Reservations/Contracts/invoices (the -Rental Agreement"), the parties agree as follows:
1. Choura shall mean Choura Events, its owners, officers, directors, shareholders, affiliates, agents, and employees, and Customer shall mean
the customer, its owners, officers, directors, shareholders, agents, family members, and/or employees.
2. That upon the terms and conditions herein expressed and in consideration of the covenants and agreements herein expressed. Choura does
hereby grant unto Customer the right to use the Rental Items described on the attached Rental Agreement.
3, INDEMNITYIHOLD HARMLESS Customer shall take all necessary precautions regarding the Rental Items, and protect all persons and
property from injury or damage. Customer will indemnify and hold harmless Choura and its officers, directors, shareholders, affiliates,
employees, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including, without limitation,
court costs, reasonable attorney fees, expert witness costs and fees, and the cost of appellate proceedings) arising directly or indirectly from
the use, maintenance, instruction, operation, possession, ownership or rental of the Rental Items, or from or relating to any breach of any
representation, warranty, covenant, or obligation of Customer in this Agreement. or any intentional misconduct or negligence by Customer,
including without limitation, claims for bodily injury, sickness, disease. death, property damage, or any other legal or equitable wrong. In the
event of any third -party claim, demand, suit, or action, Choura (or any of its officers, directors, shareholders, affiliates, employees, or agents)
is or may be entitled to indemnification hereunder, Choura may, at its option, require Customer to defend such claim at Customer's sole
expense. Choura shall have the right to approve any counsel retained to defend any demand, suit or cause of action in which Choura is a
defendant, such approval not to be unreasonably withheld Customer agrees that Choura shall have the right to control and participate in
the defense of any such demand, suit or cause of action concerning matters that relate to Choura. Nothing herein shall be construed as
making Customer liable for any injury or damage caused by the sole negligence or willful misconduct of Choura.
4. ASSUMPTION OF RISK ! RELEASE -DISCHARGE OF LIABILITY. Customer is fully aware and acknowledges there is a risk of harm, injury,
loss, or damage arising out of the use or operation of the Rental Items and hereby elects to voluntarily enter into this Agreement and freely
assumes all of the above risks of injury or damage. Customer understands and appreciates the risks and agrees to release and discharge
Choura from any and all responsibility or liability from such harm, injury, loss, or damage arising out of the use or operation of the Rental
Items. Customer understands and agrees to waive, release and discharge any and all claims for harm, injury, loss, or damage against
Choura which Customer otherwise may be entitled to assert.
5. OPERATORS. No operators are furnished, directly or indirectly with our Rental Items.
6. RECEIPTIINSPECTION OF RENTAL ITEMS. Customer hires the Rental Items on an "As Is" basis. Customer agrees and acknowledges
that Customer has, or will, personally inspect the Rental Items prior to their use and Finds them suitable for Customer's needs. Customer
acknowledges receipt of all items fisted in the Rental Agreement and that the Rental Items are in good working order and repair and that
Customer understands (without further instructions) their proper operation and use. Customer shall notify Choura of any defects to the Rental
Items.
7. POSSESSION/TITLE. Customer shall have possession of the Rental Items for the purpose and term agreed upon in the Rental Agreement.
All Rental Items must be used according to the terms and provisions of the Rental Agreement. Customer's right to possession of the Rental
Items begins upon the Rental Items leaving Choura and terminates on the Agreed Return Date indicated on the front of this Rental Agreement.
Customers retention and continued possession of the Rental Items after the term of the Rental Agreement constitutes a material breach of
this Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the Rental Items is and shall remain
with Choura. Customer hereby agrees to indemnify, defend and hold Choura harmless from any and all claims and costs arising from such
retaking and/or levy. All collection fees, attorney fees, court costs, or any expense involved in the collection of rental charges will be the
Customer's responsibility. if Rental Items are levied upon, Customer shall notify Choura immediately.
8. RENTAL PERIOD. The rental period begins immediately upon Rental Items leaving Choura and ends upon return of the Rental Items to
Choura in an acceptable condition, determined at the sole discretion of Choura If the Rental Items are returned prior to the end of the
minimum rental period, the rental due shall be for the entire minimum rental period. Rental Items returned after the rental period are
considered late. If not returned in a limely manner, Customer shall pay an additional charge equal to the daily rale for each day, or part
thereof, that the Rental Items are retained beyond the original rental period, Choura may terminate a rental at any time and retake the Rental
Items withoul further notice in case of a violation by Customer of any terms or conditions of this Rental Agreement.
9 DEPOSITS POLICY. In order to reserve sufficient Rental Items, all Customer's are required to pay a deposit unless other payment terms
have been agreed to by both Parties in writing. Customer's shall pay 50% of reservation total at time of booking. All deposits are non-
refundable, Under certain circumstances or for certain Rental Items, a damage deposit may be required. The damage deposit is fully
refundable if all Rental Items are returned in the same condition as delivered. Damage or loss of items will result in reduction or forfeit of
damage deposit.
10 PAYMENT TERMS_ Unless other payment terms have been agreed to by both Parties in writing, full payment is due forty-eight (48) hours
prior to scheduled delivery. All payments may be made in the form of check, wire, or major credit card
11 CANCELLATION POLICY. Reservations may be adjusted at no cost up to five (5) business days prior to scheduled delivery, Items cancelled
within forty-eight (48) hours of scheduled delivery will be subject to a twenty-five percent (25%) restocking fee. Items cancelled the day of
delivery will be subject to a fifty percent (50%) restocking fee. Orders that have been delivered will be charged one -hundred percent (100%),
regardless of whether the equipment is used or not. This cancellation policy excludes any special -order items, which will be subject to 100%
restocking fee if cancelled or reduced in quantity.
12.. PROPER CARE. Customer shall be responsible for all damage to Rental Items not caused from ordinary wear and tear. Ordinary wear and
Lear shall mean only the normal deterioration of the Rental Items caused by ordinary, reasonable and proper use of the Rental Items. Damage
which is not ordinary wear and tear includes, but is not limited to: damage due to overturning, overioading or exceeding rated capacities;
breakage; improper use; abuse; lack of cleaning; dirtying of Rental Items by paint, mud, plaster, concrete or any other material. Customer
agrees to pay for any damage or loss of the Rental Items, regardless of cause. except for ordinary wear and tear. Customer also agrees to
pay a reasonable cleaning charge, as determined by Choura, for equipment returned dirty. Rental Items lost or damaged beyond repair shall
be paid for at their lull replacement value.
13. COMPLIANCE WITH LAWS Customer shall not use or allow anyone to use the Rental Items for any illegal purpose or in any illegal or
unsafe manner. Customer, at Customer's sole cost and expense, will comply with all municipal, county, state and federal laws, ordinances
and regulations, fie safely regulations (such as those prohibiting heaters or cooking inside of tents), sound and noise ordinances and
regulations, and ordinances and regulations requiring even permits. Customer shall pay all licenses, fines, fees, permits or taxes arising from
the use of the Rental Items, including any which are subsequently determined to be due.
14 RETURN OF RENTAL ITEMS. Customer agrees to return to Choura the Rental Items in good condition as when received by agreed Return
Date. Customer shall be responsible for all costs incurred by Choura recovering and returning damaged Rental Items to Choure's premises
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Agreement No. 5788
If the Rental Items are to be "picked up" by Choura, Customer agrees to provide a secure storage location and Customer accepts all risk
including damage to and liabllity relative to Rental Items for a reasonable period of time until the Rental Items are picked up by Choura, If
[lie site is not ready or accessible when Choura arrives, or if the Renal Items cannot be placed directly on site (extra handling involved),
Customer will be charged additional fees based on the extra time required to deliver or pick-up the Rental Items If additional pick-ups are
needed, a delivery surcharge may be assessed,
15. DISCLAIMER OF WARRANTIES. Choura makes no warranty of merchantability or fitness for any particular use or purpose, either expressed
or implied. There is no warranty or representation that the Rental Items are fit for Customer's particular intended use or that is free of latent
defects. Choura shall not be responsible to Customer or any third party for any loss, damage or injury resulting from, or in any way attributable
to the operation of, use of or any failure of the Rental Items. Choura shall not be responsible for any defect or failure unknown to Choura.
16. SUBRENTAL/LOCATION OF RENTAL ITEMS. Customer agrees not to sublet, loan or assign the Rental Items from the address at which
Customer represented they were used Any purported sublease, loan, or assignment of the Rental Items by Customer is void.
17. DEFAULT. Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, Choura may, at its sole
discretion, terminate this Rental Agreement, retake the Rental Items, declare any charges due and payable and initiate legal process to
recover monies owed, and/or, pursue any other legal rights and remedies available to Choura. Exercise of any remedy available to Choura
shall not constitute an election of remedies or a waiver of any additional remedies to which Choura may be entitled,
18 LEGAL FEES, In the event of any legal action or proceedings arising out of or related to this Agreement, the prevailing party shall be entitled
to recover all reasonable attorney's fees and costs.
19. MOVING OF NON -RENTAL ITEMS. Choura is not liable for any damage arising from Customer -requested moving of non -Rental Items,
including, but not limited to, furniture. vehicles, plants, lights. etc.
20. CLEANING China, Glassware, and Flatware must be returned rinsed and repacked properly in crates or bags provided or additionat charges
will be assessed. Special cleaning deposits may be charged on BBQ Grills and Cooking Equipment Table linens are inspected prior to pick
up and upon return. Do NOT roll up or place wet linens in any bag as mildew may result. It there is obvious damage such as mildew,
excessive stains, burns or tears, Customer will be charged the cost of the linen and keep same as though it were a sale. Return all linens
dry and free of waste.
21 UNDERGROUND FACILITIES. Customer acknowledges the availability of services for the identification of underground utilities such as
water, gas and electric pipe and conduits ('Underground Facilities"). Where equipment installation will involve any penetration of the ground
(Sent stakes, for example), Customer shall have all Underground Facilities in the vicinity of the equipment installation clearly marked with
marking paint prior to the arrival of Choura's installation crew. Customer shall be solely responsible for any harm or damage to Underground
Facilities and any consequential hard or damage to people or properly unless Choura negligently penetrates a clearly marked area.
22. WEATHER RELATED RISKS. Customer assumes all weather-related risks involved in holding an outdoor event. Customer acknowledges
that lents are temporary shade structures and not storm shelters, and though water resistant, [hey are not water proof. Should damage or
incident result from high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Choura's control, Customer shall still be
liable for payment in full of all charges.
23. INSURANCE. Customer shall maintain in full force and effect during the term of this Agreement separate General Liability and Automobile
Liability insurance policies with coverage limits for bodily injury, including death, personal injury and/or property damage that will respond as
primary coverage for Customer's liability and all obligations outlined under this Agreement. In addition to the foregoing, Customer shall
maintain Property insurance in an amount adequate to cover any loss andlor damage to the Rental Items, up to full replacement cost.
Customer shall furnish Choura with a Certificate of Insurance evidencing the foregoing insurance requirements and naming Choura as an
additional insured.
24. NOTICE OF NON -WAIVER. No waiver by Choura of a breach of the terms, covenants or conditions of this Rental Agreement by Customer
shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant, or condition
contained herein. No delay or failure by Choura to exercise any term, covenant, or condition of this Rental Agreement will constitute a waiver
of that or any other term, covenant or condition herein. The consent or approval by Choura to or of any act by Customer requiring Choura's
consent or approval shall not be deemed to waive or render unnecessary Chcura's consent or approval to or of any subsequent act by
Customer.
25, SEVERABILITY. If one or more provisions of this Rental Agreement are held to be unenforceable under applicable law, the parties agree to
renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for
such provision, then (i) such provision shall be excluded from this Rental Agreement, (if) the balance of the Rental Agreement shall be
interpreted as if such provision were so excluded, and (iii) the balance of the Rental Agreement shall be enforceable in accordance with its
terms.
26. AMENDMENTS AND WAIVERS. Any term of this Agreement may be amended or waived only with the written consent of the parties.
27. GOVERNING LAW AND ARBITRATION, This Agreement and all matters arising out of or relating to this Agreement shall be governed by
the laws of the State of California. without regard to its conflict of taw provisions. Any legal action or proceeding relating to this Agreement
shall be brought exclusively in the state or federal courts located in San Diego County. You hereby agree to submit to the jurisdiction of, and
agree that venue is proper in, those courts in any such legal action or proceeding Any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
28. RELATIONSHIP BETWEEN THE PARTIES. The relationship of Choura and Customer shall be and shall at all times remain that of
independent contractors and not that of employer and employee, franchisor and franchisee, joint ventures, or partners. This Agreement does
not establish either party as the other party's agent or representative for any purpose, Neither party shall any authority of any kind to bind
the other party in any respect whatsoever. Without limiting the generality of the preceding sentence, neither party is authorized to accept,
order or to enter into contracts or any obligation in the other party's name, or to transact any business on behalf of the other party.
By signing below, I acknowledge that I have read and agree to the above Terms and Conditions.
Customer Signature: C onlpanyv
Customer NanveM rate
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