Skip to main content
On Stage Services

Rental Agreement

Terms and Conditions

The Lessee (customer) agrees to pay the amount listed in the quote and abide by the terms and conditions of this lease agreement as to the equipment listed within the quote, which contains the entire list of all equipment or items which are leased to the Lessee by the Lessor (On Stage Services).

Payment and Deposits

For this equipment the Lessee agrees to pay the Provider a 50% nonrefundable deposit in the form of USD (VISA, MC, AMEX plus 3.5% processing fee or via ACH WIRE Transfer will incur a fee of $45) to secure the availability of equipment, trucks, and personnel or whichever the case may be. Deposit is to be received at the time of contract signing and no later than 5 working days after the contract is received by the Lessee. Equipment availability is still at risk until the contract and deposits are received. Balances are required in full before the pick up or shipping of reserved equipment.

Cancellation; Rescheduling; Reductions in Scope

A cancellation fee will apply to all orders canceled after the contract is signed and/or deposits are received. Lessee acknowledges that Lessor reserves equipment, trucks, and personnel and may turn away other business; therefore, the cancellation charges below are agreed-upon liquidated damages and not a penalty.

  1. Cancellations more than seventy-two (72) hours before the scheduled event start time (or scheduled pickup/delivery time, whichever occurs first): a cancellation fee of fifty percent (50%) of the total reservation will apply.
  2. Cancellations within seventy-two (72) hours of the scheduled event start time (or scheduled pickup/delivery time, whichever occurs first): a cancellation fee of one hundred percent (100%) of the total reservation will apply.

Balance Due: Any amounts previously paid will be applied to the cancellation fee, and any remaining balance is due immediately upon cancellation (and in all cases must be paid prior to release of equipment or prior to delivery if cancellation occurs on the day of pickup/delivery).

Rescheduling / Postponement / Date or Location Changes: Any request by Lessee to reschedule, postpone, delay, or change the event date, time, venue, load-in, strike, delivery, or pickup schedule (including “weather hold,” “TBD,” or similar) will be treated as a cancellation of the original reservation and a new reservation, unless Lessor expressly agrees in writing to apply payments to a revised date and confirms availability. If such request occurs within 72 hours, the 100% cancellation fee applies to the original reservation.

Reductions in Scope: Any reduction in equipment quantities, package level, labor/crew, delivery services, or rental duration within seventy-two (72) hours of the scheduled event start time (or scheduled pickup/delivery time, whichever occurs first) will be billed at 100% of the originally reserved total, unless Lessor agrees otherwise in writing.

Notice: Cancellation or reschedule requests must be made in writing and are effective when received by Lessor.

Damage Deposit and Rental Period

In the case of a customer pick up rental, Lessor will require a COI for value of rented equipment naming On Stage Services as Loss Payee or retain Lessee’s credit card as a damage deposit and will inform Lessee of any damage or loss charges prior to running the card for settlement of said damages or losses if one or the other or both is the case. Lessee’s right to possession terminates on the expiration of the rental period, and retention of possession after this time constitutes a material breach of this contract. Time is of the essence of this contract; any extension must be agreed upon in writing prior to the end of the rental period. A late rental service charge will be assessed to all rentals which are not returned to the Lessor by the termination date and time listed above. This late rental charge will be calculated at the full daily rental rate for each day or partial day the equipment is returned late.

Equipment Warranty Disclaimer

LESSEE IS LEASING USED EQUIPMENT. LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT AND IS NOT A DEALER IN SIMILAR EQUIPMENT. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DESIGN, CONDITION, OPERATION, DURABILITY, SUITABILITY OR FITNESS FOR USE FOR ANY PURPOSE, OR MERCHANTABILITY. LESSEE HAS INSPECTED AND IS FULLY FAMILIAR WITH THE EQUIPMENT AND ACCEPTS THE EQUIPMENT AS-IS WITH ANY AND ALL FAULTS. NO DEFECT IN OR UNFITNESS OF THE EQUIPMENT AND NO LOSS OR DAMAGE THERETO AND NO OTHER CONDITION OR CIRCUMSTANCE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE UNAVAILABILITY THEREOF FOR ANY REASON WHATSOEVER, SHALL RELIEVE LESSEE OF ITS OBLIGATIONS UNDER THIS LEASE OR RESULT IN THE ABATEMENT OR SUSPENSION OF ANY SUCH OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LESSOR SHALL INCUR NO LIABILITY WHATSOEVER TO LESSEE ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE EQUIPMENT OR THE USE, OPERATION, OR FUNCTIONING OF THE EQUIPMENT.

Inspection

Lessee acknowledges that they have had an opportunity to personally inspect the equipment and find it suitable for their needs and in good condition, and that they understand its proper use. Lessee further acknowledges their duty to inspect the equipment prior to use and notify Lessor of any defects or damage. Any defects or damages of which the Lessor has not been notified at the time of the Lessee taking possession will be assumed to have occurred as a result of Lessee’s act, error, or omission or by acts of third parties, and the repair, replacement, and/or correction of any defect or damage will be charged to the Lessee.

Risk of Loss

Lessee assumes and shall bear the risk of damage to the equipment from any cause whatsoever, from the moment of taking possession until such time as all of the equipment has been returned and a receipt given by the Lessor for its return. Lessee is responsible for loading and unloading the goods if possession is transferred at the Lessor’s place of business. If delivered by Lessor, Lessee takes possession upon removal from the Lessor’s delivery vehicle. If employees of Lessor assist in loading and unloading of the goods, or setup, Lessee agrees to assume the same risk and hold Lessor harmless for any property damage or personal injuries, including damage or injuries attributable to the negligence of Lessor and its employees. Delivery and pick-up shall be at the convenience of the Lessor. Lessee shall protect and secure all equipment until such time as possession is transferred back to the Lessor.

No Modification

Without the prior written consent of the Lessor, Lessee shall not make any modifications, additions to, or changes in the equipment except as may be required under the preceding paragraph. All modifications, additions to, or changes in the equipment shall belong to and immediately become the property of the Lessor, without charge, and shall be returned to Lessor with the equipment upon the expiration or earlier termination of this lease unless Lessor notifies the Lessee to remove any of the same, in which case Lessee shall promptly do so at its expense without damaging the equipment or impairing its operation.

Loss and Damage

If the equipment is damaged or partially lost or destroyed while in the possession of the Lessee, Lessee shall notify Lessor and return to the Lessor as much of the equipment as is reasonably feasible. Lessee shall promptly pay the Lessor for the equipment, or for its repair or replacement. Lessor, in its sole discretion, shall make the determination of whether the equipment shall be repaired or replaced. Lessee shall continue to pay rent under and in accordance with this lease until the equipment is repaired or replaced and placed back into service.

Service Calls

If Lessee requests an On Stage Services Technician to make a service call due to negligence, act, error, or omission by the Lessee or a third party, Lessee will be charged at a rate of $125.00/hour at a four-hour minimum plus mileage at $1.25 per mile, plus any additional rental charges for additional equipment and charges for repair as outlined in the Loss and Damage section above.

Indemnity and Hold Harmless Agreement

The customer agrees to accept complete responsibility and liability for the safe and timely transportation, installation, use, and removal of rented equipment and its return. This equipment will be returned in the same condition as received or the customer will pay reasonable cleaning or repair charges, to be determined by On Stage Services, Inc. On Stage Services, Inc. assumes no responsibility for, nor shall On Stage Services, Inc. be liable for, any damages or injuries that may result from the use or operation of said equipment, including collision and/or accidents.

Malfunctioning Equipment

Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise. Lessor may, in its sole discretion, pro-rate and credit the rental for any equipment which fails to operate properly or malfunctions while in Lessee’s possession, if: (a) in the sole discretion of the Lessor, the malfunction or improper operation was not caused by negligence, act, error, or omission of the Lessee or third parties; and (b) the Lessee notified the Lessor during the rental period, giving the Lessor the opportunity to repair, replace, or correct the malfunction. The granting of any credit to the rental shall be the Lessee’s sole remedy for any claim for damages against the Lessor for the malfunctioning of any leased equipment.

Legal Actions

In the event that any action or suit is instituted by either party to this contract to enforce any of the provisions of this contract, or should any action or suit be instituted against the Lessor for any injury or damage resulting from use of said equipment, the customer agrees to pay for all losses, damages, and any and all attorney fees incurred by On Stage Services, Inc. in prosecuting, answering, or defending any such actions or suits.

Sublease Prohibition

The customer agrees not to sublease to others nor permit others to use the equipment described in this agreement without express written consent. Under penalty, the customer shall be liable to On Stage Services, Inc. for triple the amount of the rental fee in this agreement.

General Provisions

This agreement contains the entire agreement between the parties, and there are no understandings or agreements, oral or otherwise, between them which are not set forth herein. Any modifications must be in writing, signed by all parties. Waiver of breach of any of the provisions herein by On Stage Services, Inc. shall not operate as a waiver of all other provisions and conditions. In the event any provision of this agreement shall be deemed invalid, such invalidity shall not affect the remainder of the agreement.

Governing Law

It is agreed that this contract shall be governed and enforced by the laws of Michigan, and any action shall be instituted in the court of competent jurisdiction in the County of Kent, State of Michigan.

Authority

Each party executing this agreement warrants and represents to the other that they have the right and authority to enter into this agreement on behalf of and legally bind the party for whom they are signing.