TERMS AND CONDITIONS OF RENTAL CONTRACT

TENTS FOR RENT, LLC

For good and valuable consideration, you and Tents For Rent, LLC, a Pennsylvania limited liability company (also referred to herein as “TFR”) agree as follows: Definitions: As used herein, “Order” means your “Reservation” or “Order;” “Contract” means the Order together with these Terms and Conditions; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified in the Order (including any “Instructions” provided per Section [or “§”] 5 below); “Site” means the location where Item(s) are to be delivered and/or used, as set forth on the Order; “Customer,” “Lessee,” “you” and “your” mean the customer or lessee identified in the Order, and “Lessor,” “we,” “us” and “our” mean TFR.

Term: We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). Additional charges will apply for overuse, misuse and scheduling overruns (including waiting time). No allowance will be made for weekends, holidays, time in transit or any other period of nonuse. You agree to pay TFR: (a) a non-refundable 25% Deposit upon reservation; (b) the remainder of the Estimated Rent and any other amounts specified on Page 1 (together with the Deposit, the “Prepayment”) upon delivery of the Rented Item(s) to the delivery location specified on Page 1 (the “Site”); and (c) any additional amounts coming due hereunder upon demand by TFR. You agree that: (i) TFR may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to TFR; and (iv) Prepayments are non-refundable in all events unless otherwise separately agreed by TFR in its sole discretion. If you notify us in writing of your election to cancel your rental: (a) not later than 9:00 a.m. local time on the day immediately preceding your scheduled delivery date (the “Cancellation Deadline”), you will not be responsible for payment of the remainder of the Estimated Rent (beyond the Deposit); or (b) after the Cancellation Deadline, but prior to our delivery of the Rented Items to the Site, you will be responsible for (and you agree to pay TFR immediately) 50% of the outstanding Estimated Rent (after application of the Deposit). In all other events, you will be responsible for, and hereby agree to make prompt payment to TFR of, 100% of the Estimated Rent and all other amounts due and coming due hereunder.

Services: If we agree to provide any services (including delivery and/or retrieval), you agree to: (a) pay our regular charge(s) for the same, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site at all times. We will not be responsible for mishaps or delay(s) caused by you, your agents or employees or any other parties, including providers of other goods or services (“Other Providers”) for which you agree to indemnify, defend and hold harmless TFR. If you are not present upon our delivery, setup, installation or retrieval of any Item(s), you agree to accept our representatives statements regarding the same (including the status, condition, quality and quantities of the Item(s) and the Site).

SAFETY WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS, AND MAY MOVE, SHIFT, TIP, SINK, OVERTURN, LEAK, CATCH FIRE OR COLLAPSE, PARTICULARLY DURING SEVERE WEATHER AND/OR ON STEEP TERRAIN. YOU AGREE TO: (A) EXERCISE, AND TO CAUSE ALL OTHERS TO EXERCISE, EXTREME CARE WHEN DEALING WITH SUCH ITEM(S); (B) PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS ANDWARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S); (C) ensure that each Rented Item is used reasonably, safely and only: (i) for its intended purpose(s); (ii) within its rated capacity (IMPORTANT: Chairs typically have a capacity limit of 250 lbs.; DO NOT PLACE OR ALLOW MORE THAN 250 POUNDS ON ANY CHAIR PROVIDED BY TFR); (iii) at the Site; (iv) by properly trained, qualified, certified, FAMILIARIZED and/or licensed (as applicable) ADULTS; and (v) otherwise in full compliance with this Contract and all applicable laws, rules and regulations, Instructions, policies of insurance and warranties.

Instructions/Malfunctions: Upon your execution of this Contract (or upon later delivery to the Site of the Rented Item(s), unless you immediately reject it/them), you represent, warrant, acknowledge and agree that each Item: (a) is complete and in good repair and operating condition, free of defects, and is in all ways acceptable to you; (b) is appropriate for your purposes; and (c) was selected (not based on any recommendation by TFR), counted, examined and inspected solely by you or your agents. You further represent, warrant, acknowledge and agree that you: (i) have carefully reviewed and understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements, and other information, if any (including all EPA, OSHA, ASME, IBC, IFC, NFPA, UL, IEEE, ASSP, ANSI and other standards) pertaining to such Item(s) (“Instructions”); (ii) will fully comply therewith; (iii) will use each Item only for its intended purpose, in a reasonable and safe manner; (iv) will give all proper notice(s) to governmental authorities; (v) will timely obtain all applicable licenses, permits, authorizations and approvals (including all city/municipal permits, as well as the approval(s) of all owner(s) of any property on which any Item(s) is/are to be installed); (vi) will ensure all underground utilities are clearly marked before driving stakes or using any Item(s) to disturb the ground surface (call 811 and go to www.pa1call.org <http://www.pa1call.org> at least 3 but not more than 10 business days prior to digging or disturbing the ground surface); (vii) will immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”); (viii) will promptly notify the police if any Item(s) is/are stolen or involved in any accident; (ix) will create and post in a conspicuous place, an OSHA-compliant EVACUATION PLAN for all Temporary Structures; (x) will ensure that all CHILDREN in, on or near any Rented Item(s) are SUPERVISED by a COMPETENT ADULT at all times; and (xi) will comply, and ensure that all others fully comply, with this Contract at all times. You agree to notify us immediately if any of the foregoing shall prove incorrect or misleading at any time.

Use: You will ensure that the Site is reasonably clean, flat, dry and fit for delivery, installation and use of the Rented Item(s), and that each Item is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) at the Site; and (d) in full compliance with the Instructions, as well as all other applicable laws, rules, regulations, warranties, and policies of insurance at all times. You will not, nor will you permit anyone else to: (i) use open flames in, under, or near any Temporary Structure; (ii) abuse, misuse, overuse, move, remove from the Site, conceal, repair, modify or damage any Rented Item; (iii) violate any applicable Instruction, law, rule, regulation, policy of insurance or warranty; or (iv) take possession of or exercise control over any Rented Item without the prior written consent of TFR (granted, conditioned or withheld in our sole discretion).

Returns: You agree to protect each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to TFR on time, clean, free of dirt, stains, burns, marks, mold, mildew, debris and pathogens, and otherwise in good order, condition and repair, properly serviced and maintained. If you fail to do so, you will pay TFR: (a) Rent for each succeeding full rental period until all Rented Item(s) have been returned or replaced as required; and (b) any and all costs and expenses, both direct and indirect, TFR incurs in connection with such failure. Certain Rented Items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). You agree to ensure that, upon return, all such Rented Items are properly Packed, using the same packing materials.

Malfunctions: In the event of a Malfunction (as defined in § 5), you will immediately cease using, and if applicable, evacuate the Malfunctioning Item and notify TFR. Provided the Malfunction did not result from any wrongful or negligent act or omission, or any breach of this Contract, by you or anyone you permit to use, occupy or otherwise deal with any one or more of the Item(s), we will, at our option: (a) repair such Item; (b) provide you with a comparable replacement Item; or (c) return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. TFR will have no other obligations regarding Malfunctions, all of which you waive, together with all associated incidental, consequential, special, exemplary and punitive damages.

Insurance: Such policies shall, whenever possible: (i) name TFR as an additional insured and loss payee; (ii) waive subrogation against TFR; (iii) be primary and non-contributory (TFR’s insurance will be excess) and (iv) include such other provisions (including a severability of interests clause) as TFR may require. You irrevocably appoint TFR as your agent and attorney in fact to submit, negotiate and settle claims on all such policies.

Damage Waiver: If TFR has offered, and you have purchased, the OPTIONAL Damage Waiver (identified on Page 1, if available) for an additional charge equal to 10% of the Rent, we will waive 90% of our costs to repair or replace covered Rented Item(s) damaged or destroyed during the Term, provided however, that you will remain 100% liable for loss, damage or destruction directly or indirectly resulting from: (a) your breach of this Contract; (b) failure to return any Rented Item(s); (c) intentional damage; (d) gross negligence, (e) employee/contractor dishonesty; and/or (f) use of Rented Item(s) in violation of any law or insurance policy. Your insurance will continue to apply for our benefit and will remain primary (we will be subrogated to your rights). You agree to assign to TFR all of your rights thereunder and to assist TFR in recovering from your insurer for all covered damages. DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY.

Ownership: Except with respect to Item(s) TFR rents from one or more third-party owner(s) (each, a “TPO”) and re-rents to you, TFR owns and will retain title to all Rented Items. You will have exclusive control over the Rented Item(s) during the Term; subject however, to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item; (b) have any title or ownership interest in or with respect to any Rented Item(s); or (c) loan, transfer, sublease, repair, store, surrender or assign any Rented Item or this Contract without our prior written consent (in our sole discretion). We may substitute, sell and/or assign any Rented Item(s) and/or all or any part of our interests therein and/or in this Contract at any time, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of TFR.

No warranties: TENTS FOR RENT, LLC IS NOT THE MANUFACTURER OR DESIGNER OF ANY ITEM(S) referenced IN THIS CONTRACT, ALL OF WHICH ARE PROVIDED “AS-IS”. TFR MAKES NO WARRANTY(ies), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS, CONTAMINATION AND GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(ies) arising FROM OR IN CONNECTION WITH any COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) referenced IN THIS CONTRACT, NOR DOES TFR MAKE ANY WARRANTY(IES) AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY TENTS FOR RENT, LLC. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISKS, INCLUDING WITHOUT LIMITATION, RISK(S) OF PERSONAL and bodily INJURY, ILLNESS, LOSS, THEFT, PRODUCTS LIABILITY, PROPERTY DAMAGE AND CONTAMINATION OF, TO, AND/or ARISING IN CONNECTION WITH, the ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, AS WELL AS ALL LIABILITIES, CLAIMS, DAMAGES, losses, costs and expenses (including attorneys’ fees) ARISING from and/or IN CONNECTION WITH THE SELECTION, PROVISION, INSPEC-TION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DELIVERY, SETUP, INSTALLATION, TEARDOWN, MALFUNCTION, COLLAPSE, STORAGE, CLEANING, DISINFECTION, SER-VICING, MAINTENANCE, REPAIR, AND/OR RETRIEVAL thereof, WHETHER OR NOT YOUR FAULT (collectively, “risks”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Tents For Rent, LLC, each TPO, their respective parents, partners, affiliates and subsidiaries, and their respective owners, shareholders, members, managers, officers, directors, partners, agents, affiliates, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including without limitation, attorneys’ fees) arising from and/or in connection with the Rented Item(s), this Contract and/or any breach hereof by you, your agents, employees, contractors, guests, invitees, sublessees, successors and/or assigns; and except only as provided in § 8, (C) WAIVE all rights and remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each and every Indemnitee.

Indemnification: Your Rental shall be deemed a “net” rental. Accordingly, your obligations hereunder shall be UNCONDITIONAL, and without setoff, reduction, or counterclaim. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract, any other agreement(s) (“Other Contract(s)”) between you and any Indemnitee, and/or any of your obligations arising (t)hereunder or in connection (t)herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent or bankrupt; or (d) die or cease conducting business; if TFR reasonably deems itself insecure; or if any Rented Item(s) shall be lost or, unless covered by LDW per § 10, damaged, you will be in DEFAULT under this Contract and such Other Contract(s), whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) cancel the Term and/or the subject Contract(s) (and/or your rights to use and possess the Item(s)); (ii) seek relief from stay; (iii) recover, empty, lock, restrict, shut down, disassemble and/or disable such Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you agree to indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations (t)hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the entire scheduled Term, overtime, loss of use, interest, attorneys’ fees, retrieval/repossession costs, and collection costs); (vii) appear in court and confess judgment on your behalf, and/or (viii) pursue any one or more other rights and/or remedies available (t)hereunder, at law and/or in equity, all of which are and will remain cumulative. LESSEE IRREVOCABLY AUTHORIZES ANY ATTORNEY OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT AGAINST LESSEE UPON ANY DEFAULT OR BREACH BY LESSEE OF ANY OBLIGATION UNDER THIS CONTRACT FOR ALL UNPAID RENT AND OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH INTEREST ON ALL UNPAID AND OVERDUE AMOUNTS AT THE LESSER OF: (A) 1.5% PER MONTH, OR (B) THE HIGHEST RATE PERMITTED UNDER APPLICABLE LAW UNTIL PAID IN FULL, PLUS ATTORNEY’S FEES AND COSTS OF SUIT, WITHOUT STAY OF EXECUTION, AND LESSEE HEREBY WAIVES, AND RELEASES ALL APPRAISEMENT, STAY OR EXEMPTION LAWS THEN IN FORCE.

Laws and Venue: This Contract shall be governed by and enforced under the laws of Pennsylvania. At our option, dispute(s) with respect to this Contract shall be submitted to binding arbitration before a single arbitrator selected by us at the offices of the American Arbitration Association located in or nearest to Lancaster County, PA. The arbitrator’s decision shall be final and binding and may be entered in any court of competent jurisdiction. Proper venue for all other civil legal actions commenced in connection herewith shall lie solely and exclusively in the federal, state and local courts located in or nearest to Lancaster County, PA (unless waived by TFR). You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. YOU WAIVE YOUR RIGHTS TO TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS OR JOINT ACTION.

Miscellaneous: This Contract, together with any Addenda provided by TFR, each of which is incorporated herein, represents the entire agreement between you and TFR, superseding all other agreements and representations, including our website and advertising. You hereby grant to TFR and each TPO a perpetual, paid-up, royalty-free license to edit, distribute, display and copy all audio and visual representations which include any of the Item(s). The terms of this Contract are severable. If any of the term(s) hereof shall be deemed invalid or unenforceable by any court of competent jurisdiction, such term(s) will be deleted, and the remainder of this Contract will remain valid and in full force and effect. This Contract cannot be further amended or extended except in a writing signed by TFR. If TFR commences legal action to enforce this Contract, TFR will be entitled to recover its costs and expenses associated therewith (including without limitation, attorneys’ fees and expenses) from you and/or any guarantor (it being acknowledged that, where required under state law, this attorneys’ fee provision will be deemed reciprocal). Time is of the essence. TFR may, without notice or liability to you, monitor and/or inspect any Rented Item(s) at any time. If any performance required of us is delayed, impaired or rendered more costly as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God” event of force majeure (including fire, flood, storm, earthquake, slide, collapse, subsidence, tsunami, war, terrorism, power surge or outage, epidemic, pandemic and governmental and regulatory actions) or other facts or circumstances beyond our reasonable control, we will be excused from such performance. You waive the benefits of all statutes of limitations regarding TFR’s rights and remedies. All amounts due from you hereunder but not timely paid will bear interest at the lesser of: (a) 18% per annum; or (b) the highest rate permitted under applicable law until paid. You agree to pay TFR the maximum lawful charge for any check you write which is returned unpaid and authorize us to submit all amounts due under this Contract for payment on any debit and/or credit card(s) you provide. TFR’s maximum liability to you in connection with this Contract is limited to the amount(s) actually paid by you to TFR hereunder. These Terms and Conditions will apply to all Item(s) identified on the applicable Order(s), and to all other Items you obtain from TFR at any time (except only as we otherwise agree). You agree to pay all taxes (including all sales and use taxes), tolls, fines, fees, duties, assessments and other charges related to this Contract and/or its subject matter. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies will constitute an election of remedies or a waiver of any right or remedy we may have. You acknowledge that this Contract: (i) constitutes a true “operating lease” (and not a disguised financing); and (ii) is fair and reasonable. Digital, electronic, photocopied and facsimiled signatures and initials appearing on this Contract and/or any Addendum will be deemed originals.

Masking, Testing, and Vaccination: Our installers will wear a mask upon request indoors or while speaking with you. However, installing tents is very energy intensive and sometimes involves physical exertion. So, they will not be able to wear masks during tent installation. TFR allows each employee to choose whether they want to participate any or all vaccines or COVID-19 or other disease testing. We do NOT require vaccination or testing for our employees.

THEFT WARNING: Wrongfully obtaining property or services of another by deception, threat or other means to avoid payment may be deemed theft under 18 Pa.C.S. § 3926, et seq. and its/their successor provision(s) for additional information.

LESSEE ACKNOWLEDGES THAT A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE