Rental Terms & Conditions

Section 1. Rental of Equipment.

Lessor hereby rents to Lessee the equipment described on Schedule “A” attached hereto and incorporated herein by reference (the “Equipment”) for the period of time set forth on Schedule “A” (the “Term”), upon the conditions and agreements here in after stipulated (the “Rental”).

Section 2. Rent

For the Rental of the Equipment during the Term, Lessee agrees to pay Lessor $ in cash/credit card with credit card deposit as outlined in Schedule “B”, (the “Rent”), prior to receipt of the Equipment.

Section 2.1 Shipping Fee’s

$ in cash/credit card for shipping to and from event, back to Lessor’s ship from address.

Section 3. Carryover Rent

In the event the Equipment is not returned to Lessor at the location specified in Section 4 hereof on or before the expiration of the Term, Lessee agrees to pay Lessor an amount, in addition to the Rent, equal to $. per day until the Equipment is returned to Lessor in accordance with this Agreement.

Section 4. Delivery of Equipment

Lessor shall make the Equipment available to pick up by Lessee or Courier, one (1) hour prior to commencement of the Term at the following address as the (“Delivery”) address if delivery.

Section 5. Return of the Equipment

Condition of Equipment. Lessee shall return the Equipment to Lessor upon the expiration of the Term in the same condition in which such Equipment was delivered. UNLESS OTHERWISE NOTED ON SCHEDULE A, LESSEE AGREES AND ACKNOWLEDGES THAT THE EQUIPMENT WAS DELIVERED IN GOOD AND OPERABLE CONDITION, FREE OF ALL DAMAGE. Lessee agrees and acknowledges that it is Lessee’s obligation to inspect the Equipment upon Delivery to determine the condition of the Equipment.

Section 6. Repossession

If Lessee defaults in any of the covenants, conditions or provisions of this Agreement, it is agreed that Lessor may immediately and without notice take possession of the Equipment where-so-ever found and remove and keep or dispose of the same. If any steps are taken by legal action or otherwise by Lessor to recover possession of the Equipment or otherwise enforce this Agreement or to collect, Rent or other moneys due hereunder, Lessee shall pay Lessor the equivalent of the moneys expended, and charges incurred by Lessor in connection therewith, including reasonable attorneys’ fees.

Section 7. Use of Equipment

Lessee shall at all times use the Equipment in a workman-like manner and take such action as may be necessary to protect the Equipment from injury.

Section 8. Risk of Loss; Indemnification

Lessee shall bear the risk of any and all loss and damage to the Equipment by fire, flood, inclement weather, accidental damage or other casualty or theft, and all other loss, other than loss or damage caused by Lessor’s gross negligence. Lessee shall, at Lessee’s sole cost and expense, pay Lessor to repair or replace the Equipment, or any component or portion thereof; which is damaged, lost or which ceases to operate, for any reason, during the Term or at any other time during which Lessee has possession or control of the Equipment.

In connection with the foregoing, Lessee understands that it may be difficult to determine the extent of Lessee’s fault in connection with the Equipment being damaged, lost or ceasing to operate during the Term, and Lessee is willing to assume the risk and take the responsibility for paying for all such damaged, lost or improperly functioning Equipment in exchange for the opportunity to rent the Equipment under this Agreement. Such replacement or repair shall be arranged by Lessor and will be performed exclusively by reputable audio equipment service personnel using original equipment manufacturer parts, where available.

Section 9. Disclaimer of Warranties.

The Parties agree that THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES, EITHER OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS RENTAL OF EQUIPMENT.

Section 10. Default; Remedies.

In the event Lessee defaults on any of the covenants, conditions or provisions of this Agreement, it is agreed that Lessor may immediately, and without notice, take possession of Equipment where so ever found and remove and keep or dispose of the same. If Lessor takes any step, by legal action or otherwise, to recover possession of the Equipment or any action to enforce or terminate this Agreement or to collect moneys due hereunder, the Lessee shall pay to the Lessor the equivalent of the moneys expended or charges incurred in connection therewith, including reasonable attorneys’ fees.

Section 11. Indemnification.

Lessee shall indemnify Lessor against and hold Lessor harmless from any and all liabilities, costs, damages, expenses and fees (including reasonable attorneys’ fees) arising out of or in connection with any actual or threatened claim, demand, complaint, suit (whether at law or in equity) or other proceeding related to (i) the use of the Equipment by Lessee, its agents or representatives, (ii) any breach of any agreement, covenant or representation contained in this Agreement.

Section 12. Modifications.

Lessee shall not modify or attempt to modify the Equipment in any manner. If Lessee modifies or attempts to modify the Equipment, such an action shall permit Lessor to take possession of the Equipment wherever found and take any and all such action as may be necessary to return the Equipment to its original condition. Lessee shall pay all costs and expenses associated with correcting any modification or attempted modification of the Equipment.

Section 13. Miscellaneous.

Applicable Law, This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Kansas, without regard to principles of conflicts of law.

Choice of Forum Clause. ANY AND ALL DISPUTES WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT SHALL BE SUBMITTED TO THE IN PERSON WITHIN THE JURISDICTION OF A KANSAS STATE COURT IN JOHNSON COUNTY, KANSAS, ALL PARTIES HEREBY WAIVE ANY CLAIM AGAINST OR OBJECTION TO IN PERSON OF JURISDICTION AND VENUE IN THE AFOREMENTIONED COURTS,

Final Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof, superseding all prior oral or written agreements and understandings.

Amendment. This Agreement may be amended only by a written document signed and properly authorized by each of the parties hereto.

Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall together constitute one and the same instrument,

Successors and Assigns: Assignment. This Agreement shall be binding upon and inure to the benefit of the Lessor and Lessee, This Agreement shall not be assignable,

Notice. Any notice or other communication given or required pursuant to this Agreement by any party to any other party shall be deemed properly given if the notice is in writing and is personally delivered or is mailed by registered or certified mail, postage prepaid, return receipt requested or by other delivery service providing following:

Evidence of delivery to the following,

Wowww, Inc. d/b/a AVStagepros – 5251 W 116th Pl. #200 – Leawood, KS 66211

Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall together constitute one and the same instrument,

Successors and Assigns: Assignment. This Agreement shall be binding upon and inure to the benefit of the Lessor and Lessee, This Agreement shall not be assignable,

Notice. Any notice or other communication given or required pursuant to this Agreement by any party to any other party shall be deemed properly given if the notice is in writing and is personally delivered or is mailed by registered or certified mail, postage prepaid, return receipt requested or by other delivery service providing following:

If to Lessee to:

Name __________________________________________________________ Address _________________________________________________________ City___ State KS Zip
Phone Number (913) –                                           Cell Phone Number (913) –

or to such other address as any party may hereafter furnish to the other parties.

Invalid or Unenforceable Provisions.

If any provision of this Agreement is deemed to be invalid or unenforceable in whole or in part, such provision, to the extent that it is invalid or unenforceable, shall be deemed struck from the Agreement and shall not affect the validity or enforceability of any other provision hereof.

In addition, the parties agree that a court having jurisdiction may revise any provision determined to be invalid or unenforceable to the extent required to make it valid and enforceable consistent with the intention of the parties and, if a court will not do so, the parties agree to negotiate a provision having an effect as close as permitted by applicable law to the provision determined to be invalid or unenforceable and to incorporate such substitute provision in the Agreement.

Waiver.

No delay in acting or failure to act shall constitute a waiver of any right of any party under this Agreement. Any waiver must be in writing and signed by the party entitled to the benefit of the right being waived. Unless otherwise stated in the waiver, any waiver applies only to the specific circumstance for which the waiver is given and not to any subsequent circumstance involving the same or any other right.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement on behalf of the parties as a document under seal as of the date appearing at the beginning of this Agreement.

LESSOR:

Wowww, Inc. d/b/a AVStagepros – 5251 W 116th Pl. #200 – Leawood, KS 66211

LESSEE:

Name________________________________________________________________________________
Address_____________________________________________________________________________
City State KS Zip___________________________________________________________________

Phone Number (913) –
Signature___________________________________________________________________________
Printed Name______________________________________________________________________

Rental Day = 24 hours
To guarantee availability of your rental equipment, you must reserve two or more weeks in advance. Please specify if your order is urgent. We will do our best to accommodate your special needs. We do specialize in last minute/ same day rentals – but you must call for availability.

PAYMENT TERMS (pick up)

We accept credit cards (VISA/MC/DISCOVER/AMEX) or cash as forms of payments for all rentals. All rentals MUST be paid for at the time of pick up. You must fill out a credit application for payments made via CHECK (Business/ Personal) or on account.

C.O.D. CUSTOMERS (delivery)

All C.O.D. customers must fill out a Credit Card pre-payment form.

After you have completed the credit card pre-payment form, you may choose to pay for the rental with either cash, or credit card. However, if you do not state your payment preference in advance, we will automatically run your credit card for the rental. This must be agreed prior to delivery.

If you would like to pay by cash, you will have to pay the driver upon their arrival. Our drivers are instructed not to release or set up any equipment, unless payment or payment arrangements have been satisfied.

SECURITY DEPOSITS

Deposits are not required for production rentals, or long-term customers in good standing.

All rentals require from 25-100% of the total value of the equipment to be deposited for security purposes. All deposits must be secured on a Credit Card (sorry, no check/debit cards). A (pre)authorized amount for the deposit will be charged to your credit card.

Upon the return of your rented equipment, this deposit will be released and the funds will be placed back on your card. For rentals over a 5-day period, special arrangements must be made. Higher deposits might be required for older, non-replaceable equipment, such as vintage, discontinued, or rare gear.

Deposits are not required for production rentals, or long-term customers in good standing.

RENTAL RESERVATIONS

To make a rental reservation, we require the following

FULL NAME / Organization NAME (if applicable) Phone Number and Alternate Phone Number, Valid & Current State Issued ID, Pick Up Date & Time, Return Date & Time

Payment, Insurance, and Deposit Information:

Reservations are held up to 24 hours prior to the scheduled pick up date. If you do not contact us by that time, your reservation will be canceled. Payment arrangements must be made prior to the reservation expiration.

You are billed for RENTAL TIME / TIME OUT, not RENTAL USAGE. If you pick up your equipment past your scheduled pick up time, your rate remains the same. All equipment must be returned on the agreed upon date and time (listed on your contract) – we allow a 2- hour grace period -additional charges will apply if you are late on your return up to a maximum of the daily rate.

EQUIPMENT

We guarantee our equipment 100%. All equipment is thoroughly examined, quality tested, prior to and directly after each rental to ensure that your event is successful and free of unexpected problems.

All problems with equipment must be reported immediately to Wowww, Inc. to be considered for adjustment. Wowww, Inc. takes every precaution to prevent field failure, however, things do happen, especially with electronic equipment. We rotate our inventory to take advantage of the newest AV gear, and test each rental just before pickup or delivery.

If the equipment does malfunction, our first priority is always given to day-of-event equipment failures (although these are extremely rare). Our TECHNICAL SUPPORT department is on-call 24/7 by calling 1(913) 544-7426 to assist you with any complications you might have with your rental. Where required, a replacement unit or service technician will be dispatched as soon as possible.

INSURANCE

Insurance may be required for rentals valued at over US $500.00, in addition to a 100% deposit of your deductible or the FULL value of the equipment, whichever is less. Insurance is the responsibility of the Lessee. Any damage or loss is at the expense of the Lessee, barring mechanical failure caused by normal wear and tear. Wowww, Inc., its officers, staff or employees are not responsible for any incidental or consequential damages, inconvenience, or loss caused by product failure.

ALL RENTALS REQUIRE PERSONAL GUARANTEE ON FILE

Proof of adequate insurance coverage may be requested at time of pickup.

INSURANCE CERTIFICATE

Wowww, Inc. name and address must be typed in as the certificate holder. We will not accept hand written insurance certificates. Wowww, Inc. must be listed as the LOSS PAYEE.

PAYEE. The insurance MUST state that it covers rental and leased equipment. The minimum coverage for this equipment must be for the replacement value of the equipment being rented. The insurance certificate must be both faxed and brought in at the time of rental checkout. We may require a security deposit equal to the DEDUCTIBLE on our insurance policy or the FULL value of the equipment, whichever is less. FAX # 1(913)254-3336

All rentals must be returned on the agreed upon date and time. The daily rental rate is based on a 24-hour period. Two-hour grace periods are accepted. Rentals returned past the grace period will be subject to late fees (25% of contracted rental rate), or additional daily rate. Rentals are NOT to be kept beyond the scheduled return time and date, without prior notice and consent of Wowww, Inc. No allowance will be made for unused equipment.

SALES TAX

If you are tax exempt, and do not wish to be charged sales tax, we must receive a hard copy of your tax-exempt certificate, before your rental is checked out. You may fax your tax- exempt certificate to: FAX # 1(913)254-3336

HOURS OF OPERATION

(CST) M-F 11:00am – 7:00pm, Sat 12:00pm – 7:00pm, Sun 2:00pm – 5:00pm

LEAWOOD CORPORATE OFFICE

5251 W 116th Pl. #200 –

LEAWOOD, KS 66211

OVERLAND PARK FACILITY

(CST) M-F 11:00am – 7:00pm, Sat 12:00pm – 7:00pm, Sun 2:00pm – 5:00pm

16010 FOSTER
OVERLAND PARK, KS 66223

RENTALS CANCELLATION POLICY

Due to the fact that all of our equipment is by reservation only, and your requested equipment is removed from our available equipment list. We are forced to charge a Cancellation Fee to compensate for the time the equipment is not available, as follows:

EQUIPMENT RENTAL AGREEMENT

Day of Event Cancellation – 100% of the total rental invoice
Less Than 48 Hours’ Notice up to day of event – 50% of the total rental invoice More Than 48 Hours & up to 2 Weeks’ Notice – 10% Cancellation Fee

More Than 2 Weeks’ Notice – No Fee

If you need to cancel, please let us know AS SOON AS POSSIBLE. CONTACT INFORMATION
Phone: (913) 897-6280
Cell (913) 544-7426

FAX (913) 254-3336
Email: MIKE@OHWOWWW.COM