The Weathered Moose LLC of Auburn, Indiana

This Rental Equipment & Event Services Agreement (“Agreement”) is entered into by and between The Weathered Moose LLC of Auburn, Indiana, an Indiana limited liability company (“Company,” “The Weathered Moose,” “We,” “Us”), and the individual or entity placing an order (“Client,” “You”).

IMPORTANT – EXECUTION BY PAYMENT:
ANY PAYMENT MADE, WHETHER ONLINE OR IN PERSON, CONSTITUTES FULL ACCEPTANCE AND EXECUTION OF THIS AGREEMENT.
IF CLIENT DOES NOT AGREE TO ALL TERMS, CLIENT MUST NOT FINALIZE THE ORDER OR SUBMIT PAYMENT.

1. DEFINITIONS

1. Rental Items / Equipment: Any items rented or provided by Company, including décor, flower walls, arches, backdrops, door assemblies, catering equipment, specialty machines, and related accessories.
2. White Glove Service: Company delivery (if applicable), setup, placement, staging, and teardown/pickup services purchased by Client.
3. Event Site / Venue: Any location where Equipment is delivered, used, stored, staged, or picked up.
4. Client Parties: Client, Client’s guests, attendees, family, invitees, venue staff, and any third-party vendors/contractors present at the Event Site.
5. Total Loss: Equipment that, in Company’s reasonable discretion, cannot be restored to original condition, structural integrity, or appearance, or is unsafe/compromised—even if damage is not immediately visible.

2. COMPANY IDENTIFICATION

The Weathered Moose LLC of Auburn, Indiana is an Indiana limited liability company providing event rentals and services including, but not limited to: décor, flower walls, arches, large structural arches, door assemblies, backdrops, catering equipment, specialty machines, bartending services, and White Glove setup, delivery, pickup, and teardown.

3. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict-of-law principles. Any action relating to this Agreement shall be brought in a court of competent jurisdiction in Indiana, unless Company elects otherwise.

4. ORDER; ACCEPTANCE; AUTHORITY

Client represents they have full authority to enter this Agreement for themselves and/or the entity they represent. Company may refuse service or cancel an order for non-payment, safety concerns, access issues, or Client non-compliance.

5. PAYMENT TERMS; EXECUTION BY PAYMENT

1. Down Payment / Reservation Fee: A 30% non-refundable down payment is required to reserve the event date. The down payment compensates Company for scheduling exclusivity and lost revenue opportunity.
2. Remaining Balance: Remaining balance must be paid between thirty-five (35) and thirty (30) days prior to the event date.
3. Failure to Pay: Failure to submit final payment by 30 days prior may result in cancellation at Company’s sole discretion, and the down payment will be retained as lost revenue.
4. Payment Equals Execution: Any payment constitutes full execution and acceptance of this Agreement.

6. CONTINUING PAYMENT AUTHORIZATION; POST-EVENT CHARGES

1. Continuing Authorization: By submitting payment, Client expressly authorizes Company to charge the payment method on file before or after the event for any amounts incurred under this Agreement, including but not limited to:
   • overtime (setup/teardown)
   • service calls / return visits
   • damage repairs, cleaning, replacement, or Total Loss
   • access delays, labor overages, or additional handling
   • unpaid balances, fees, and costs permitted hereunder
2. Post-Event Processing: Company may process post-event charges without further authorization if permitted by this Agreement.
3. Documentation: An itemized invoice and supporting documentation (photos if applicable) will be made available upon request.
4. Failed Payment Method: If charges are declined, reversed, or disputed, Client remains fully responsible. Unpaid amounts may be subject to collection and recovery of reasonable attorney’s fees and costs as permitted by Indiana law.

7. CANCELLATION & REFUND POLICY

All cancellations must be in writing.

• More than 90 days before event: 100% refund of monies paid
• 90–60 days before event: 50% refund of monies paid (Company retains remaining amounts)
• 60 days or fewer before event: no refund

8. PRICING, COUPONS & ERRORS AND OMISSIONS

1. Discount Conditions: Coupons/discounts may require thresholds or conditions (including minimum spend, non-stacking, limited inventory, dates, or items).
2. Pricing/Coupon Errors: If pricing is incorrect due to website, system, or human error (including misapplied coupons, missing thresholds, or incorrect stacking), Company may, at its sole discretion:
   • remove the coupon
   • reduce the coupon value
   • correct pricing
   • contact Client to confirm revised pricing
   • or voluntarily honor the discount
3. No Guaranteed Discounts: Discounts are not guaranteed and may be modified or revoked due to error, misuse, or malfunction.

9. WHITE GLOVE SERVICE – SETUP

If White Glove Service is purchased:

1. Setup Window: Thursday or Friday, 6:00 PM – 10:00 PM.
2. Time Included: 1.5 hours included.
3. Access Required: Client must provide clear, timely access to Event Site, including any required permissions, doors, elevators, dock access, loading instructions, parking, and venue contact.
4. Overtime: Delays or extended setup are billed at $50/hour, rounded up to the nearest hour.  Delays are defined as client induced delays.
5. Safety/Conditions: Company may refuse placement or adjust placement for safety, stability, code/venue compliance, or to prevent damage.

10. WHITE GLOVE SERVICE – PICKUP & TEARDOWN

1. Pickup Windows:
   • Saturday: 6:00 PM – 10:00 PM
   • Sunday: 1:00 PM – 4:00 PM
2. Time Included: .5 hours teardown included.
3. Client Responsibilities: Area must be cleared and accessible at pickup; Client must ensure Company can document, remove equipment, and exit within a reasonable time.
4. Overtime: Teardown/setup delays due to client beyond included time billed at $50/hour, rounded up.
5. Access Failure: Failure to provide access during pickup windows may result in additional charges, delayed removal, re-trip fees, and/or service-call billing.

11. WHITE GLOVE COMPLETION & SIGN-OFF

1. Acknowledgment: By signing or electronically acknowledging completion, Client confirms:
   • setup was executed as agreed (or as adjusted for safety/venue compliance)
   • Equipment was accepted in satisfactory condition
   • Setup was deemed safe and risk of issues transferred to the client
   • no further setup changes are requested
2. After Sign-Off: Requests after sign-off may be treated as billable service calls.

12. DAMAGE CONTROL & SERVICE CALLS

1. Damage Control Kit: Company may provide a minor damage control kit for small scrapes/scuffs when appropriate. Use does not waive Client responsibility for further damage.  Do not use your own paint, you have a very low probability to match including white. White has over 100 shades.
2. On-Site Service Calls: If damage, modifications, or setup issues are caused by Client Parties and Client requests Company to return: billed at $50/hour, rounded up.
3. Modification Requests: Must be requested before White Glove sign-off.

13. INSTALLATION & DAMAGE PREVENTION – ABSOLUTE ATTACHMENT PROHIBITIONS

1. Approved Attachment Methods Only: Company strictly prohibits any permanent or semi-permanent attachment methods.  “3M brand” Command removable wall attachments that are made to peel off are the only approved method.  Walmart and Amazon has many “knockoffs and they have been tested” and failed to come off with out damaging the surface.  DO NOT USE ANYTHING OTHER THAN 3M BRAND COMMAND UNITS”
2. Absolute Prohibition: Under no circumstances may Client Parties attach, modify, or install Equipment using:
   • nails, screws, lag bolts, anchors
   • staples, tacks
   • drilling, puncturing, or cutting
   • industrial adhesives/glues or unapproved adhesives
   • any attachment method not expressly approved in writing by Company
3. Presumption of Structural Damage: Use of any prohibited method is deemed misuse and is presumed to cause structural damage, even if not immediately visible.
4. No Waiver: Venue requirements, vendor instructions, or Client preferences do not override this policy. Company is not responsible for damage caused by non-compliant installation.
5. Approved Removable Products: Only Company-approved 3M removable attachment products may be used when expressly permitted. Client assumes risk for any unapproved products (including third-party marketplace products) which are known to increase damage.
6. Rental Products are not weather proof. Do not store outside.  If you must setup in advance please contact us for help with tarps, etc. We will provide them in the rental free of charge.

14. INSPECTION & DOCUMENTATION

Company may take pre-event and post-event photographs/video and notes to document condition. Documentation may be used to determine cleaning charges, repairs, or Total Loss.

15. DAMAGE, REPAIRS & TOTAL LOSS CHARGES

1. Repair Charges: Repairs billed at $75/hour, rounded up to the nearest hour.
2. Total Loss Standard: If repair is not possible or would compromise structural integrity or aesthetics, Company may deem the item a Total Loss and charge 3.5× the rental fee.
3. Arches & Door Assemblies (Special Total Loss Rate): For arches and door assemblies, Total Loss charge is 5× the rental fee (this controls over any conflicting language elsewhere).
4. Ownership Transfer Upon Total Loss Payment: Upon payment of Total Loss charges, ownership of the damaged item transfers to Client as-is, without warranties.
5. Presumption After Prohibited Attachment: Any prohibited attachment use may result in Total Loss determination even if damage is not immediately visible.

16. PRICE GUARANTEE, SUBSTITUTIONS & DAMAGE CONTROL LIMITATIONS

1. Company-Caused Unavailability: If an item becomes unavailable or unusable due to damage that Company cannot reasonably repair before the rental date, Company will, at its sole discretion, provide:
   • a comparable item, or
   • a better item / upgrade
     at no additional cost.
2. Exclusions: This guarantee does not apply to damage caused by Client Parties, improper handling, misuse, or prohibited attachment methods.

17. CLEANUP, SANITATION & EQUIPMENT RETURN REQUIREMENTS

1. General Return Condition: All equipment must be returned clean, orderly, and usable, reasonable wear and tear excepted.
2. Food & Beverage Equipment: Must be properly cleaned and sanitized, free of residue, liquids, oils, sugars, or debris.
3. Approved Cleaning Materials Only: Only equipment-safe, non-abrasive, non-scarring, food-safe chemicals may be used. Harsh/abrasive/acidic/industrial or unapproved chemicals may cause permanent damage and Total Loss.
4. Inspection Rights: Company may inspect all equipment upon return and use photographs as documentation.

18. CLEANING/DAMAGE MULTIPLIERS – CATERING & SPECIALTY EQUIPMENT

1. Catering Equipment Improper Cleaning/Misuse: If damaged and non-rentable  due to improper cleaning/misuse, charged at 2.5× the rental fee.
2. If item is brought back non-cleaned a $25 dollar fee is charged.
3. High-Risk Machines (5×): The following are charged at 5× the rental fee if damaged, improperly cleaned, or returned non-compliant:
   • Margarita machines
   • Cotton candy machines
   • Icing machines

19. MACHINE-SPECIFIC CLEANING / RETURN REQUIREMENTS

Client agrees to minimum return conditions:

• Cold Spark Machines: Cleaned exactly as instructed by Company.
• Confetti Machines: Completely free of confetti; wiped down; returned in provided tote.
• Fog Machines: Completely emptied of fog fluid; wiped down; returned clean.
• CO₂ Machines: Fully emptied of CO₂ and water; wiped down; returned clean.

Failure to comply may result in cleaning fees, repair charges ($75/hr), service calls, and/or Total Loss charges.

20. TRANSFER OF CUSTODY, CONTROL & RISK OF LOSS

Upon White Glove sign-off or Client pickup (whichever occurs first), full care, custody, control, and risk of loss for all Equipment transfers to Client. Company does not monitor equipment, supervise guests, prevent misuse, or control environmental exposure after transfer.

21. PROPERTY DAMAGE; VENUE PROTECTION

1. Any property damage at the Event Site resulting from misuse, abuse, improper setup/teardown, relocation, or handling of Equipment by anyone other than Company is Client’s responsibility.
2. Client agrees the venue/property owner/hotel shall not be liable for damage caused by Client Parties or non-Company vendors.

22. CLIENT INSURANCE REQUIREMENTS

Client is solely responsible for obtaining and maintaining any insurance required or advisable for the event, including but not limited to: general liability, event insurance, party rental coverage, and alcohol liability (if applicable). Company provides no insurance coverage for Client, guests, vendors, or venues.

23. THIRD-PARTY SERVICES; REFERRALS; NO LIABILITY

1. Any third-party providers referred by or booked through Company (e.g., DJs, photographers, videographers, planners, decorators, ordained ministers, entertainment providers, bartenders) are independent contractors, not employees or agents of Company.
2. Company makes no guarantees regarding performance, conduct, availability, or outcomes of third-party services.
3. Client assumes all risks relating to third-party services and agrees Company is not liable for their acts/omissions.

24. ALCOHOL PURCHASE, PICKUP & LIABILITY
25. Alcohol is as old as the bible. Used in moderation It is an enhancer to any party. However, we strongly urge anyone considering providing alcohol to have a “Rent a cop” at your service to protect your rights and financial obligration due to missuse.  This also free’s you from being the “party manager”

1. Client Purchases & Owns Alcohol: Client is solely responsible for purchase and ownership of all alcohol (beer, wine, liquor).
2. Optional Pickup Convenience: If requested, Company may pick up alcohol solely as a convenience service.
3. No Sale/Markup/Possession by Company: Company does not sell, resell, distribute, or mark up alcohol and does not take legal ownership.
4. Alcohol-Related Responsibility: All alcohol-related liability (service decisions, consumption, intoxication, guest conduct) remains solely with Client.
5. Security Recommendation: Company strongly recommends hiring licensed security and/or an off-duty law enforcement officer when alcohol is served. Client is responsible for any venue/hotel alcohol-security requirements.

25. FORCE MAJEURE; ACTS OF GOD; ENVIRONMENTAL CONDITIONS; NO REFUNDS

1. Client assumes all risk for loss/damage caused by venue conditions, outdoor placement, inadequate shelter, lack of climate control, and environmental exposure.
2. Client assumes all risk for loss/damage caused by acts of God/force majeure including but not limited to weather, rain, wind, hail, snow, flooding, fire, tornadoes, lightning, earth movement, power outages, and governmental orders/emergency actions.
3. Such events do not entitle Client to refunds, discounts, or waivers. Client remains responsible for repair/cleaning/replacement/Total Loss charges.

26. INDEMNIFICATION; DEFENSE; HOLD HARMLESS (MAXIMUM PROTECTION)

1. Indemnified Parties: Company, and its owners, members, managers, employees, contractors, agents, and representatives (“Indemnified Parties”).
2. Client’s Duty: Client agrees to identify, defend, indemnify, and hold harmless the Indemnified Parties from any and all claims, demands, actions, damages, losses, liabilities, fines, penalties, judgments, costs, and expenses (including reasonable attorney’s fees and court costs) arising out of or related to:
   • Client Parties and event conduct
   • equipment use, misuse, relocation, or modification not performed by Company
   • prohibited attachment methods or improper cleaning
   • alcohol purchase/service/consumption/intoxication
   • venue/site hazards and conditions
   • third-party vendors/contractors and their acts/omissions
   • bodily injury, illness, death, or property damage at/near the Event Site
   • weather, environmental exposure, or force majeure
3. Defense From First Notice: Client agrees to assume defense upon first notice of claim and pay defense costs from that point.
4. Survival: These obligations survive event completion, pickup, return, and termination.
5. Not Limited by Insurance: Client’s duties are not limited by any insurance carried by Client or required by the venue.

27. LIMITATION OF LIABILITY (RISK-AVERSE CAP)

To the maximum extent permitted by law, Company’s total aggregate liability for any claim arising from this Agreement shall not exceed the amounts actually paid to Company for the specific rental order giving rise to the claim. In no event shall Company be liable for incidental, consequential, special, exemplary, or punitive damages, lost profits, or emotional distress.

28. DEFAULT; COLLECTIONS; ATTORNEY’S FEES

If Client breaches this Agreement or fails to pay any amounts due, Company may pursue all remedies available at law and equity, including collection. Client agrees to pay reasonable attorney’s fees, court costs, and collection costs as permitted by Indiana law.

29. NON-TRANSFERABILITY

This Agreement is non-transferable without Company’s prior written consent.

30. SEVERABILITY

If any provision is held unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law.

31. ENTIRE AGREEMENT; MODIFICATIONS

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions. Modifications must be in a written document signed by Company.

32. CLIENT ACKNOWLEDGMENT

By submitting payment, Client confirms:

• legal authority to enter this Agreement
• full understanding and acceptance of all terms
• payment constitutes a binding agreement
• Client has read and agrees to the attachment prohibitions, Total Loss multipliers, continuing authorization, and indemnification obligations