Sip & Paint Registration

Photographs and Recordings
Photographs and Recordings classes, events, parties & workshops for adults, teens & children may be recorded & photographed for photographers and Niusha’s own reference such as, but not limited to marketing, website, and social media. Such recording or photographing may include pictures of the attendees, individuals at our program, class participants & students work.

I authorize Niusha Gallery to send alerts/communications to my cell phone and/or personal email address as provided above, or any updated cell phone numbers and email addresses I provide going forward. I understand that these alerts/messages are for my benefit and for my convenience. I also understand that message and data rates associated with these alerts/communications may apply. I understand that I may revoke my consent at any time by following the Editing Consent and Contact Niusha Gallery.

In the following Rental Agreement Contract, “BEL Event Productions” shall mean Niaki Productions, Inc. DBA The Bridal & Event Lounge aka BEL Event Productions, and “Client” shall mean Customer, its employees, affiliates and or family members. Upon engaging of the rental, décor, floral, coordinating items (herein “the rental item or items”) described on the front of this Rental Agreement Contract it is agreed as follows.

POSSESSION AND USE OF RENTAL ITEMS/RENTAL PERIOD/TITLE
Rental period is noted in the Rental Agreement Contract based on the indicated Delivery & Pick Up times. Rental charges expire upon the acceptable condition of rental items returned. No refunds or credits will be applied in the event rental items are returned prior to the end of the rental term. In the event, the CLIENT retains possession and or usage, additional charges will be applied. Time is of the essence in this Rental Agreement Contract; CLIENT’S possession and return of the rental items is noted on this Rental Agreement Contract and any retention after the dates and times noted will be a material breach of this Rental Agreement Contract. CLIENT agrees not to use or allow directly or indirectly anyone to use the rental items for any illegal purpose or illegal means or in an unsafe and negligent manner while in possession of the rental items. Anyone who is not qualified and who does not understand and have experience in safely operating rental items is prohibited from engaging in the transfer, modification, and alter of the rental items in any way. CLIENT agrees to use the rental items solely at the designated address indicated in this Rental Agreement Contract and will not transfer the possession of the rental items to any other persons or locations. BEL retains title to the rental items at all times including during CLIENT’S possession.

PAYMENTS/ORDER MODIFICATIONS/CANCELLATIONS
ALL PAYMENTS ARE NON-REFUNDABLE. ALL RESERVATIONS REQUIRE A 50% NON-REFUNDABLE PAYMENT UPON RESERVING THE ORDER. METHOD OF PAYMENT ACCEPTED INCLUDE; VISA, AMERICAN EXPRESS, MASTERCARD, DISCOVER, CASH OR CHECK. CHECKS MUST BE RECEIVED 10 DAYS PRIOR TO SCHEDULED DELIVERY. Failure to pay will be deemed a material breach of the agreement by the CLIENT. Upon receipt of a non-refundable 50% payment, decreasing and or cancelling the total rental items indicated in the Rental Agreement Contract are not permitted. However, additional rental items not previously reserved and available for rent will be permitted up to forty-eight hours prior to the event. Modification including but not limited to changes in color, size, and style of rental items is permitted up to 21-days prior to the event; any subsequent modifications subsequently are subject to a modification fee. All Rental Agreement Contracts require a valid credit card and photo ID to confirm the order and will be used to assess incidental charges, missing and or damaged rental items.

DELIVER/PICK UP FEES & TIMES.
CLIENT understands delivery and pick up fees and times will vary based on the distance, accessibility, and complexity where the rental items are utilized.
CLIENT further understands BEL will make reasonable efforts to deliver and pick up the rental items as indicated in the Rental Agreement Contract, however no guarantees are provided due to circumstances arising beyond the control of BEL and BEL is not liable for the lack thereof or timely delivery of the rental items; including but not limited to change in access time of specified venue or location of rental items. Rental items can be delivered and pick-up at a location without the CLIENT present so long access to the area is permitted; the CLIENT remains responsible for all items until pickup if the
CLIENT is not present. In the event BEL attempts a delivery or a pick-up and needs to make an additional trip to re-deliver or recover equipment, additional delivery, labor charges and rental rates will apply. Upon a scheduled arrival time, a grace period of 30 minutes will be allowed to begin set-up/strike, after which any further waiting time will be billed at $75.00 per half-hour per truck. CLIENT permits BEL to collect the rental items without notice or further legal process and agrees that BEL shall not be liable for any claim for damage or trespassing arising out of the removal of the rental items. CLIENT agrees to have the site where rental items are to be located, free and clear of all obstacles including natural and man-made, prior to arrival. All non-rented items and decorations shall be cleared and taken from site. If CLIENT fails to do so, then CLIENT shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expenses. CLIENT agrees to return to BEL and or to provide sufficient time to pick up the rental items in the same condition as provided by the agreed return date. In the event sufficient time and or access is not provided by the CLIENT and multiple pick-up times are required to collect and recover the rental items, additional pick-up charges will apply.

DAMAGE WAIVER
To help alleviate breakage costs, we offer a Damage Waiver that covers breakage and damage to equipment while in your possession. If you accept the Damage Waiver, we will add a non-refundable charge of 6% to your contract, based off the rental items on the contract. If you decline the Damage Waiver, any breakage or damages will be billed at current, retail replacement costs. The Damage Waiver does not cover missing, stolen, or lost items, or items damaged through improper use, vandalism, or neglect. Please note: the Damage Waiver is NOT insurance. It is a waiver for potential damage charges and does not constitute insurance in any way.
The Damage Waiver Covers:
-Damage: items damaged through normal use such as table scratches, dishware chips, glassware cracks, etc.
-Breakage: items broken through normal use such as dropped glasses, a broken handle, broken hinges, etc.
-Soiling (food and drink stains) caused by normal use of linens
-Tenting Wear and Tear: physical damage caused by acts of nature (hail, rain, wind, EXCLUDING snow) to the rented, installed tent. DOES NOT cover any damages caused by the tent to the surrounding area, property, or other rental items.
The Damage Waiver Does NOT Cover:
-Any missing items
-Theft, vandalism, conversion, or other dishonest act towards rental items either by you, persons in your employ, guests or attendees, or a third party -Negligence such as items left out under sprinklers or in the rain, items improperly secured during transportation, items dragged across rough surfaces, etc.
-Linens: burn holes, wax, ink stains, tears and excessive soiling of linens beyond normal use
-Tents: any damage not caused by weather such as rips and tears from sharp implements, excessive tape, paint, or any other human caused damages.

RECEIPT/INSPECTION/RETURN OF RENTAL ITEMS.
All rental items are provided based on an “as is” basis, and the CLIENT will directly inspect the rental items upon delivery or will call and determine the rental items are in good working order. Furthermore, CLIENT understands and accepts to use the items in the correct and intended manner without any further instructions by BEL. CLIENT agrees to visually inspect the rental items daily and to cease use and to notify BEL when rental items are found in need of repair or maintenance. CLIENT understands that BEL has no responsibility to inspect the rental items while it is in CLIENT’S possession.

DECOR AND FLORAL.
The CLIENT is responsible for items that are taken by CLIENT’S guests during the event. If the CLIENT’S guests remove items (i.e. centerpieces, decorative accents, etc.) that are the property of BEL or any outside vendor, then the client will be charged the total replacement cost of the items. If the CLIENT purchases floral centerpieces, the CLIENT has full ownership of the property at the completion of the event and is responsible for the removal of the property; not including the base, vase, and or other decorative rentals. As a courtesy, BEL may elect to transport the CLIENT’S property to the event but makes no guarantees as to the timely delivery and or condition. CLIENT will be given an invoice with price of decoration services and breakdown of additional rentals based on guest count and other factors. It is CLIENT’S responsibility to check invoice for accuracy. Decoration packages are priced as is and can only be customized during initial consultation and enlistment of services. A floral package is agreed upon 6-weeks prior to the event and CLIENT may not ask for a reduction in price due to no longer needing items or needing less items. If guest count increases, BEL will add additional linens, centerpieces, napkins, etc. calculated at current pricing to the invoice. Customizable items such as staging, floral, special linens, chair covers, etc. may not be changed. In the event BEL deems the event to be unsafe for any reason including but not limited to infrastructure related and or weather, BEL reserves the right to halt all services rendered if the event has begun. Flowers and products are subject to seasonal quality and availability and containers and vases may change due to supplier issues, BEL will substitute the selected product with items of greater or equal value. BEL reserved the right to make substitutions in the event the flowers received are not of the quality suitable. In this event, the integrity of the décor and floral package will be maintained and flowers of equivalent value will be used. BEL will notify the CLIENT of any adjustments accordingly.

CLEANING.
China, Glassware, and Flatware must be returned rinsed and repacked properly in boxes provided or additional charges will be assessed. Additional cleaning deposits will be charged on cooking equipment and devices. Table linens are inspected prior to pick up and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG - mildew will result. If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the cost of the linen and keep same as though it was a sale. Return all linens dry and free of debris.

DISPLAY/ PROMOTION.
BEL may display and use video and photographs from the decorating session and event for website, internet promotion, and any other commercial purposes. All video or photographs are subject to be posted on all social networking sites for promotional purposes only. The CLIENT is responsible for advising BEL in writing of any photos or videos he/she wishes not to be publicized.

WEATHER RELATED RISKS.
CLIENT assumes all weather related risks involved in holding an event. BEL will make reasonable efforts to mitigate weather related problems, however, should the equipment/tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond BEL’s control. CLIENT shall still be liable for payment in full of all charges. No tents are guaranteed to be completely waterproof and to be considered primarily as a structure for shade.

COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS.
CLIENT agrees to comply with all city, county, state and federal laws including environmental and other state & federal regulations during the use and possession of the rental items. Any governmental permit and licensing requirements, fines/fees and or taxes derived from the use of the rental items are the sole financial responsibility of the CLIENT and the CLIENT understands and accepts such fees to be paid and approved by the appropriate government/regulatory parties prior to the rental period. In the event permits and or licenses are denied for any reason, CLIENT will continue to be financial responsible and is obligated to abide by the Rental Agreement Contract. From time to time, BEL as a service, may pursue and obtain governmental permits and or licensing requirements on the CLIENT’S behalf. However, no such guarantees are implied or provided and all legal permitting and licensing is the responsibility of the CLIENT.

DISCLAIMER OF WARRANTIES.
BEL makes no warranty or representation that the rental items, are fit for CLIENT’S particular intended use, or that it is free of latent defects. BEL shall not be responsible for CLIENT or any third party for any loss, damage, injury resulting from, or in any way attributable to the operation of, use of, or any failure of the rental items. BEL shall not be responsible for any defect or failure unknown to the BEL.

DEFAULT
Should CLIENT in any way fail to observe or comply with any provision of this Rental Agreement Contract, BEL may, terminate this Rental Agreement Contract, repossess the rental items. BEL shall state all payments due on demand and will initiate legal action and pursue any other legal right to recuperate monies owed including attorney’s fees.

INDEMNITY/HOLD HARMLESS
With the exception made on claims arising by the solitary negligence or deliberate misconduct of BEL, the CLIENT agrees to hold harmless BEL from and against any and all liability of every kind, which includes but is not limited to property damage, attorney’s fees, claims, judgements, injury or death to persons from the usage, including maintenance of rental items and or operation of rental items.

ASSUMPTIONS OF RISK/RELEASE-DISCHARGE OF LIABILITY.
CLIENT understands and accepts the use or operation of rental items is subject to risk or injury and agrees to willingly enter into the Rental Agreement Contract and undertake all of the risks of injury and or damage from the use or operation of the rental items. CLIENT understands and agrees to relinquish and discharge BEL from any and all claims of injury and damage.

LIMITATIONS OF LIABILITY.
CLIENT understands and accepts any unintended and punitive damages, or other comparable types of damages including that of but not limited to direct monetary losses, loss of income, or loss of any type of business derived from or in any way related to this Rental Agreement Contract.

MISCELLANEOUS.
This Rental Agreement Contract may be executed or delivered by facsimile or email or electronic means. The CLIENT acknowledges receipt of a completed Rental Agreement Contract and agrees to all of the terms and conditions. Prior to staking/tenting, it is the sole responsibility of the CLIENT to follow the requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.2 of Division 5 of Title of the Government Code. By signing this Rental Agreement, the CLIENT accepts all liabilities and responsibilities contained in the regional notification center law. CLIENT agrees to have Underground Facilities, in the vicinity of the Equipment installation, communicated in writing and clearly marked prior to the arrival of BEL’s work crew. (c) CLIENT authorizes BEL to submit all CLIENT charges to CLIENT’S credit card account. (d.) WARNING: THIS PRODUCT CONTAINS OR PRODUCES ONE OR MORE CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS (OR OTHER REPRODUCTIVE HARM). (e) CLIENT acknowledges that it is a violation and CLIENT assumes potential civil liability of section 4442 or 4443 to use or operate an internal combustion engine on any forest, brush, or grass-covered land unless the engine is equipped with a spark arrestor. (f) CLIENT is responsible for any damages due to digging, disturbing, soil or earth, staking, post hole digging, auguring, etc. CLIENT is responsible for identifying and disclosing to BEL all underground obstacles. BEL is not responsible for damage to above or below ground obstacles. (g) CLIENT is fully aware and acknowledges that the terms and conditions of this Rental Agreement Contract shall apply to all subsequent rentals by CLIENT. CLIENT further agrees that the Terms and Conditions of this Agreement shall govern all future deliveries should CLIENT fail or be unable to sign the Rental Agreement Contract at time of delivery. (h) WAIVER OF JURY TRAIL. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT. CLIENT agrees to furnish BEL access to, and the right to use necessary electrical and power linens for the installation operation of the rental items.