Terms and Conditions

HEARTLAND TENTS & EVENT RENTALS, LLC
RENTAL AGREEMENT, TERMS & CONDITIONS

For the purpose of this Rental Agreement, “Heartland Tents” shall mean Heartland Tents and Event Rentals LLC, its owners, employees, and its subcontractors, and “Lessee” shall mean the customer, its agents and/or employees. In consideration of the rental items (herein “the rental item or items”), the Lessee agrees to the following terms & conditions:

1) INDEMNITY, HOLD HARMLESS, AND ASSUMPTION OF RISK: Lessee will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. Lessee agrees to indemnify, release, discharge, defend and hold harmless Heartland Tents from and against any or all responsibility, liability, claims, judgments, attorney’s fees and costs of every kind of nature, including but not limited to, injuries or death to persons and damage to property arising out of use, maintenance, instruction, operation, possession, ownership or rental of the items rented, however caused, except claims or litigation arising through the sole gross negligence or willful misconduct of Heartland Tents. Lessee is fully aware and acknowledges there is risk of injury or damage arising out of the use or operation of the items rented hereunder and hereby elects to voluntarily enter into this Rental Agreement and assume all of the above risks or injury. 

2) RENTAL PERIOD: Rental period and rates are per day unless otherwise indicated. If Lessee makes greater use of the rental items than agreed upon, it is agreed that the additional usage will be charged. At times, Heartland Tents may choose to deliver or pick up items several days before or after the requested date, in which case Lessee will not be charged for those additional days of possession. Heartland Tents may terminate rental at any time and retake the rental items without further notice in case of violation by Lessee of any terms or conditions of this Rental Agreement. Lessee agrees to pay any collection of this account or any dispute arising out of this Rental Agreement.

3) INSPECTION OF RENTAL ITEMS: Lessee rents the rental items on an “as is” basis. Lessee acknowledges that (s)he has, or will, personally inspect the rental items prior to use and finds the items suitable for Lessee’s needs and in good working order. Lessee acknowledges receipt of all items listed in the Rental Agreement and that rented items are in good working order and repair and that the Lessee understands (without further instructions) the proper operation and use of items. If the Lessee is not present during the finish of delivery or installation, Lessee waives their right to inspect and count the rental items and will rely on the counts by Heartland Tents. All rental items (other than tents) will be placed under a tent to be set-up by the Lessee unless other arrangements are made prior to delivery.

4) UNDERGROUND UTILITIES: If renting a staked tent, Heartland Tents will contact an underground utility locating service such as 811 or JULIE to mark the location of a ny underground public utilities in the tent installation area 1-2 weeks prior to the installation date as required by law. It is required that Lessee leave all paint markings and flags in place until tent installation is complete.

The property owner is also required to mark and communicate the location of all private underground lines or utilities including but not limited to sprinkler systems, gas grill lines, outside lighting lines, and septic systems. If Lessee or the public utility marking service fails to give warning and correct locations, Heartland Tents will not be held responsible for damages to underground utilities. Heartland Tents will not install a staked tent without confirmation that the site has been surveyed by an underground utility locating service and that all lines have been marked and/or flagged. No refund or discount will be provided by Heartland Tents if, upon delivery, the site has not been surveyed by an underground utility locating service prior to installation of staked tents. 

5) DELIVERY AND INSTALLATION OF RENTAL ITEMS: Lessee agrees to release Heartland Tents of any liability for any damage to any property due to delivery, installation and removal of rental items. This includes but is not limited to ruts in grass, scratches, cracks, or holes on the installed surface, and high wind related damages. Heartland Tents shall not be required to install equipment at any time when rain, snow, wind, excessive heat or cold, etc. makes work unsafe for employees and/or equipment. Heartland Tents shall not be required to install in an area that Heartland Tents determines to be too muddy, dirty, unsafe, unlevel, or otherwise unfit for the installation. Heartland Tents will be the sole judge thereof. 

A convenient location to park one or more cars, trucks, vans, or delivery vehicles with up to 30’ cargo trailers must be provided by the Lessee. Excessively long walking distances for delivery or pickup, stairs or steps, elevators, or any other unusual requirement for delivery and pickup must be communicated in advance and may result in additional charges being assessed. The area of installation must be reasonably flat and free of all obstructions, both natural and manmade such as trees, branches, shrubs, plantings, poles, furniture, vehicles, firepits, retaining walls, small items, etc. prior to delivery. Outdoor maintenance such as grass mowing or watering must be completed prior to delivery. Freshly mowed grass surfaces should have clippings collected and bagged, not mulched or left on the surface of the installation area. Asphalt surfaces must not have had any petroleum-based product such as a sealant applied to the surface within 30 days prior to installation or use of rental items on the asphalt surface. All pet waste must be collected and cleaned off of the installation surface and delivery path prior to delivery and installation. Any pets or animals in the area must be caged or otherwise locked up during delivery and pickup. Heartland Tents is not liable for any damage arising from Lessee requested/implied request for Heartland Tents to move Lessee-owned personal property including, but not limited to furniture, vehicles, plants, lights, etc., during the course of delivery or pick-up. Areas of tent installation must be of adequate size with a minimum of 10 feet of additional space around the entire perimeter of the tent to accommodate staking and free of any branches, wires or other obstructions for up to 20 feet above this installation site. If the Lessee will not be present at installation time, the location where the tent is to be installed should be clearly marked by the Lessee in advance using stakes or white marking paint placed at the four corners of the tent location area. If Lessee requests the tent be moved to a different location after it has already been installed, a second rental fee and second delivery fee will be charged to the Lessee.

6) PROPER CARE AND CLEANING: Lessee shall be monetarily responsible for all damage to rental items beyond reasonable wear and tear (see section below regarding the Equipment Protection Plan for information regarding the optional EPP damage waiver). Damage includes but is not limited to: weather related damage; animal or insect damage; stained or torn linens; scratched items; damage to electrical equipment; damages due to overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; burns or flames; dirtying of rental items by paint, mud, ash, soot, smoke, ink, adhesives, wax, oil, grease, tar, or any other material causing permanent dirtying; and accidental or purposeful damage of any kind. Items, other than tents, left out in rain or the elements for an extended period of time are considered damaged and not covered under reasonable wear and tear.

Tents or equipment attached to tents including straps, ropes, lights, stakes, barrels, blocks, poles, etc., are never to be installed, taken down, moved, or otherwise handled by Lessee. Sidewalls may be removed by the Lessee only in the event of a high wind weather emergency, or with express written consent from Heartland Tents. No tape, staples, tacks, pins, nails, screws, glue or adhesives of any kind may be used to attach anything to rented items with the exception of tape on the underside of tables needed to secure tablecloths. Zip ties, string, or ribbon may be used to attach decorations to rental items but must be carefully removed before pickup. No open flames under tents or within 25 feet of tents are allowed including but not limited to patio heaters, candles, tiki torches, bonfires, grills, smokers, etc. No fireworks within 100 feet of tents. No cooking of any kind is permitted under tents. No burning of incense is allowed under tents. No silly string is to be used anywhere near any rental items. No smoking of any kind including cigarettes, cigars, tobacco pipes, or cannabis is allowed under enclosed tents (tents with sidewalls installed on all four sides). 

All items (except tents, sidewalls & linens) are expected to be returned to Heartland Tents upon pickup as clean as they were upon delivery. It is the responsibility of the Lessee to wipe down all tables and chairs prior to pickup by Heartland Tents. Any items not reasonably cleaned by the Lessee upon pickup as required by this agreement will be charged a cleaning fee of $100 per hour with a one hour minimum. Items that are so dirty that they cannot be returned to the level of cleanliness that was provided by Heartland Tents upon delivery will be charged full replacement cost to the Lessee.

7) WEATHER: Lessee assumes all weather-related risks involved in holding an outdoor tented event. If tents or other rental items become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Heartland Tent’s control, despite any efforts or lack thereof taken or not taken by Heartland Tents, Lessee shall be liable for payment in full for the full rental amount.

Tents are inherently dangerous and are used as temporary structures designed to handle most normal weather conditions; however, there may be situations that become unsafe such as high winds, lightning, or heavy rain/snow. EVACUATION OF ALL TENTS IS REQUIRED IN THESE AND OTHER UNSAFE WEATHER CONDITIONS. TENTS ARE NOT TO BE USED AS SHELTER DURING SEVERE WEATHER. LIGHTNING OR WINDS OVER 35 MILES PER HOUR REQUIRE EVACUATION OF ALL TENTS. If weather or winds damage rental items or collapse a tent while in the possession of the Lessee, Heartland Tents shall not be responsible to fix, repair, or re-install tents or other rental items before the event. The rental items and tents shall not be touched or moved by the Lessee until Heartland Tents is available to retake the items. If after delivery, weather conditions either damage the rental items or weather makes the rental items unsuitable for use, there will be no refund and Lessee shall still be required to pay the full rental amount.

Adding sidewalls to tents dramatically reduces the amount of wind a tent can withstand before it becomes too dangerous to occupy. In the event of high winds (sustained winds over 20 MPH or gusts over 30 MPH), all sidewalls on tents must be removed as carefully as possible by the Lessee and placed in a secure, dry location. If high winds are predicted at any point while items are in the Lessee’s possession, Heartland Tents reserves the right to refuse rental and installation of sidewalls up to and including the delivery date, even if previously agreed upon, in which case a full refund for the sidewall(s) rental fee will be provided.

8) REMOVAL/PICKUP OF RENTAL ITEMS: Lessee agrees to have all rental items ready for pickup under the tent or in a secure storage location, and in as good condition as when received when Heartland Tents arrives to pick up rental items. Lessee accepts all risks including damage, theft and liability to rental items for the period of time until the rental items are picked up by Heartland Tents. All personal items, trash, decorations, and all other non-rental items must be removed from the site prior to pickup by Heartland Tents. Additional charges may be incurred for any non-rental items that must be moved or removed by Heartland Tents at the time of pickup. Unless setup services were included on the invoice, all tables must be folded up and neatly stacked, chairs must be folded up and stacked properly and in the same direction as indicated on the provided chair pallets (if provided), and left under the tent or in a secure, dry area prior to pickup. Used linens must be shaken out to remove all solid material and placed in the provided laundry bag(s) prior to pickup. Failure to properly prepare items for pickup will result in additional labor charges assessed to the Lessee. Heartland Tents reserves the right to perform routine inspection, cleaning, and minor maintenance on rental items on site at the time of delivery or pickup, and before items are removed from the premises. If not all rental items are present upon pickup, items not returned to Heartland Tents (at Lessee’s time and expense) within 2 business days after the scheduled pickup date are considered missing. 

Heartland Tents reserves the right to charge an additional damage or replacement fee, up to full replacement cost, for any items that are missing or damaged beyond normal wear and tear while in the Lessee’s possession. Heartland Tents will be the sole judge of whether damage to items is in violation of this agreement, covered under the EPP (explained below), and whether repair or replacement of the item(s) is necessary and at the cost to the Lessee.  

9) POSSESSION AND TITLE: This is a Rental Agreement only and the rental items shall remain the sole property of Heartland Tents. The rental items shall not be removed from the place of installation or delivery. Lessee’s right to possession of the rental items begins upon the rental items delivery by Heartland Tents (assuming any and all payment terms have been satisfied), and terminates when items are picked up by Heartland Tents. Retention of possession after this date constitutes a breach of this Rental Agreement. Lessee agrees not to sublet, subrent, loan, or otherwise move the rental items from the address at which the Lessee represented they were used unless otherwise agreed upon by Heartland Tents in writing. Heartland Tents shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, inscription, plate, sticker, or other marking, and Lessee agrees that it will not remove or cover such markings without the written permission of Heartland Tents. 

10) COMPLIANCE WITH LAW AND USE OF RENTAL ITEMS: Lessee agrees not to use or allow anyone to use the rental items in any illegal manner or in any unsafe manner. Lessee agrees at his sole cost and expense to comply with all municipal, county, state, and federal laws, ordinances and regulations which may apply to the use, licenses, fines, fees, permits, or taxes arising from his use of the rental items. Unless otherwise agreed to in writing, Lessee is responsible for obtaining all permits from the appropriate government agencies. If permits or licenses are denied for any reason, Lessee is still responsible for all financial and other obligations pursuant to this Agreement with Heartland Tents or its subcontractors. Lessee shall not allow any person who is not qualified or who does not utilize all safety equipment required to operate or use the rental items. Lessee acknowledges that Heartland Tents has no responsibility to inspect the rental items while they are in the Lessee’s possession.

11) DISCLAIMER OF WARRANTS: Heartland Tents is neither the manufacturer of the rented items nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise. Heartland Tents shall not be responsible to Lessees or any third party for any loss, damage or injury resulting from, or in any way attributed to the operation of, use of or any failure of rental items. Lessee’s remedy for any failure of or defect in the rental items shall terminate rental charges at time of failure, provided that the Lessee notifies Heartland Tents immediately and allows pickup of the rental items by Heartland Tents within twenty-four (24) hours of such failure.

12) DEFAULT: Should Lessee in any way fail to observe or comply with any provision of this Rental Agreement, Heartland Tents, at its sole discretion, may terminate this Rental Agreement, retake the rental items, declare any charges due and payable and initiate legal process to recover monies owed. If for any reason it becomes necessary for Heartland Tents to retake the rental items, Lessee authorizes Heartland Tents to retake the rental items without notice or further legal process and agrees that Heartland Tents shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.

13) LEGAL FEES: In the event an attorney is retained to enforce a provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover all reasonable attorney’s fees and court costs in such action or proceedings in an amount to be determined by the court.

14) PUBLICITY WAIVER: Heartland Tents reserves the right to photograph and/or video record tent and rental item installations on-site, including for advertising and publicity purposes, before, during, and after the event for which the rental items are in use. All images of individuals captured during the course of photographing or video recording rental item installations agree that their image may be used by Heartland Tents, without limitation and including, but not limited to promotional materials, websites, promotional videos, brochures, fliers, social media, and other publications, without additional notice or permission and without compensation to the individual or Lessee. All photos and videos are the property of Heartland Tents.

15) NOTICE OF NON-WAIVER/SEVERABILITY: Any failure of Heartland Tents to insist upon strict performance by Lessee in regard to any provisions of this Rental Agreement shall not be interpreted as a waiver of Heartland Tents’ right to demand strict compliance with all other provisions of this Rental Agreement or shall be severable so that the enforceability, invalidity or waiver of any provision shall not affect any other provision.

16) FORCE MAJEURE: Neither party will be liable for inadequate performance or damage, to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot or civil commotion, political demonstration, labor condition, governmental action, and other Acts of God) that is beyond the party’s reasonable control. This provision does not supersede the Lessee’s obligation and responsibility for the full rental fee if the Force Majeure condition occurs after Lessor has installed or delivered the contracted rental equipment.

17) EQUIPMENT PROTECTION PLAN: The damage waiver referred to as the Equipment Protection Plan (EPP) waives Heartland Tent’s claims against the Lessee for accidental damage to rental items. When opted in, Lessee pays an additional 10% of the total invoiced amount of the rental items and receives protection from being monetarily responsible for accidental damage. Examples of accidental damage may include, but are not limited to, weather related damage, wild animal or insect damage, stained items such as linens due to accidental spills, items scratched during the course of normal use such as flooring, accidental breakage of glass items, damage to electrical equipment due to power surges or other power malfunctions, damage due to rental equipment failure, and unforeseen acts of God. The EPP does not cover theft or unexplained disappearance of rental items, damage due to neglect, misuse, abuse, or malicious destruction of rental items by the Lessee, damage due to exceeding the rated capacity of the rental items, water or sun damage due to leaving items out in the elements for an extended period of time, or damage due to any violation of the terms of this Rental Agreement. The EPP is not liability insurance. EPP coverage is automatically applied to every invoice and Lessee has the option to opt out of coverage at their own risk. Heartland Tents has sole discretion in determining whether damage or loss is ‘accidental’ and covered by the EPP. Heartland Tents reserves the right to bill the credit/debit card on file without Lessee’s permission for any and all loss or damages not covered by the EPP.

If Lessee opts out of the EPP, then an additional security deposit of $250 or 25% of the total amount of the invoice, whichever is greater, will be charged to the Lessee at the time of reservation. The security deposit will be refunded to the Lessee upon return of the items in an undamaged condition. Any repair or replacement costs will be taken out of the security deposit, and any costs in excess of the security deposit amount will be charged to the Lessee.

PAYMENT TERMS: 

• For reservations made 21 or more days (3 weeks) in advance, a 50% deposit by credit or debit card is required at the time of reservation unless otherwise stated in writing. 
• For reservations made less than 21 days (3 weeks) in advance, or for any order of less than $250, payment in full is required at the time of reservation unless otherwise stated in writing.
• Lessee agrees to allow the credit or debit card used for the initial payment to be saved on a secure server and used for all future invoiced charges unless payment in some other form is provided prior to the payment due date. 
• Equipment will not be reserved and delivery/pickup will not be scheduled until a payment is received.
• Unless otherwise stated in writing, final payment for delivery orders is due three days prior to the scheduled delivery date. 
• Payment on-site at the time of delivery is not accepted unless agreed upon in writing in advance.
• Final payment may be made by cash, money order/cashier’s check, personal check, ACH, credit card, or debit card. Payments by cash, money order/cashier’s check, personal check, or ACH must be made prior to the automated charge date on the invoice.
• A discount of 3% is offered for all cash, money order/cashier’s check, and personal check payments on final invoices. This discount is not offered for check payments made by corporate entities, nonprofits, or governmental agencies.
• All cash or money order/cashier’s check payments must be arranged in advance and paid in-person at our office.
• Payment by personal check may be made in-person at our office or by mail, and must arrive at least 7 days prior to the payment due date.
• A monthly service charge of 1.5% per month (18% APR) plus a $35 late fee will be assessed to all final balances more than 7 days past due. 
• Returned checks will be assessed a $50 service charge plus any bank fees incurred. 
• Exceptions to these payment terms for business clients, nonprofits, or governmental agencies may be arranged in advance on a case-by-case basis.

CANCELLATION POLICY: 

• Cancellations with more than 90 days notice will result in a full refund, minus any services already rendered such as the Event Consultation Package, plus a $50 cancellation fee. 
• Cancellations or significant reductions of rental items with less than 90 days notice but more than 21 days notice must pay 50% of the total invoice amount plus a $50 cancellation fee (if applicable) unless otherwise agreed upon in writing. 
• Cancellations or significant reductions of rental items with less than 21 days notice still require full payment of the total invoice amount unless otherwise agreed upon in writing. 
• If a canceled event is rescheduled with Heartland Tents at a mutually agreed upon day and time, the cancellation policy will not apply, and a 15% rescheduling fee will instead be assessed. 
• Last minute cancellation due to adverse weather conditions still requires payment of the full rental amount.

Rev. 03/24