Rules & Regulations

The leased equipment shall at all times be and remain the sole and exclusive property of Boise Tailgate. Client shall have only the rights to use the equipment in accordance with the terms of this agreement. Boise Tailgate shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, plate or other marking, and Client agrees that it will not remove or cover such markings without the written permission of Boise Tailgate. It is expressly intended and agreed that the equipment shall be personal property even though it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of Boise Tailgate.

Client acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Client understands its proper use. Client further acknowledges Client responsibility to inspect the equipment prior to its use and to notify Boise Tailgate of any defects.

If the equipment becomes unsafe or in disrepair for any reason, Client agrees to discontinue its use and to notify Boise Tailgate. Boise Tailgate will repair or replace the equipment with similar equipment in good working order if available, and if the defect is the result of normal use. Boise Tailgate is not responsible for any incidental or consequential damages caused by delays or otherwise, and Client hereby waives any right or entitlement thereto.

Boise Tailgate is not the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Client expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.

Client right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Client's obligations under this contract. Time is of the essence in this agreement. Any extension must, at Boise Tailgate's election be mutually agreed upon in writing.

Boise Tailgate may assign its right under this contract without the Client’s consent but will remain bound by all obligations herein. The Client may not sublease or loan the equipment without Boise Tailgate’s written permission. Any purported assignment by the Client is void.

At the termination of this agreement, Client shall surrender all the equipment to Boise Tailgate in the condition and repair as when delivered to Client, subject only to reasonable wear and tear. Client further agrees to have all tents cleared for removal prior to expiration of the rental period. All non-leased equipment 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 expense.

Boise Tailgate shall at all times have the right to enter any premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing it from Client’s premise.

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 were a sale. Return all linens dry and free of waste.

Client agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession of Boise Tailgate. Client also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Client at its Replacement Cost when rented. The cost of repairs will be borne by the Client, whether performed by Boise Tailgate, or at the Boise Tailgate’s option by others.

The Client agrees to pay for equipment [at its replacement cost when rented] for all types of theft or mysterious disappearance.

Client assumes all weather-related risks involved in holding an outdoor tented event. Boise Tailgate will endeavor to minimize said risk, however, should there be wind, snow, rain, hail, high or low temperatures or any other undesirable weather conditions, Client shall still be liable for payment in full of all charges.

All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be absolutely waterproof, and are to be considered temporary shade structures.

Client agrees not to do any type of cooking under or within a reasonable distance of the tent. Client assumes full responsibility and costs incurred for damage and or cleaning expense to tent tops due to cooking processes under or near tents.

Boise Tailgate warrants to the Client that (i) it has the requisite expertise, knowledge and skills necessary to perform the services with a high standard of quality and in accordance with the terms and conditions of this Agreement; (ii) it will perform the services with reasonable skill and care and shall use reasonable efforts to ensure that goods and services supplied meet the Client’s requirements as set forth in this Agreement; and (iii) all services shall be in conformance with all applicable federal, state and local laws, rules and regulations. Subject to the foregoing, where Boise Tailgate supplies any goods supplied by a third party, Boise Tailgate does not give any warranty, guarantee or other term as to their quality, fitness for their purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to Boise Tailgate.

Boise Tailgate shall have no liability to the Client or any third party for any loss, damage, costs, expenses or other claims for compensation arising from any materials received from Client or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client. Boise Tailgate shall not be liable to the Client or any third party by reason of any representation, or any implied warranty, condition or other term or any duty at common law or under the express terms of the Agreement for any loss of profit or any indirect or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the provision of the services (including any delay in providing or failure to provide the Specified Service). Boise Tailgate’s liability for all losses, claims, actions, judgments, damages, costs, and expenses whatsoever, whether in contract or in tort, shall be limited to the amount of money paid to Boise Tailgate pursuant to this Agreement. The provisions of this section shall survive the termination or expiration of this Agreement.

Client acknowledges that Boise Tailgate does not own, operate or in any other manner exercise any control or influence over third party suppliers, and that Boise Tailgate acts solely as Client's agent in arranging with such suppliers for the provision of goods and services for the tailgate event. As such, Boise Tailgate does not assume any responsibility for and cannot be held liable for any personal injury, property damage or other loss, accident delay, change in itinerary, inconvenience, or irregularity which may be occasioned by any wrongful or negligent acts or omissions on the part of any of the suppliers, their employees, or any other party not under the control of Boise Tailgate for any defect in or failure of any vehicle, equipment or instrumentality owned, operated or otherwise used by any suppliers, any additional costs which may be occasioned by bad weather, flight delays, or any other elements beyond our control, or strikes or acts of God.

Boise Tailgate shall not be responsible for delays or failures (including any delay by Boise Tailgate to render services) if such delay arises out of causes beyond its control. Such causes may include, but not limited to, acts of God or of the public enemy, fires, floods, epidemics, strikes, riots and other civil disorders, terrorism, freight embargoes, earthquakes, electrical outages, computer or communication failures, severe weather, pandemic, epidemic, and acts or omissions of subcontractors or third parties. In the case of a force majeure event, Boise Tailgate will still be entitled to payment of all out-of-pocket expenses incurred in performance of the Agreement, including, but not limited to, nonrefundable deposits or other expenses reasonably incurred by third-party contractors.

Obligation of Client - Client shall indemnify, defend and hold harmless Boise Tailgate, its officers, directors, employees, subsidiaries and agents, and each of them, from any and all claims, actions, causes of action, losses, damages to property, demands or liabilities of whatsoever kind and nature including judgments, interest, attorneys' fees, and all other costs, fees, expenses and charges which Boise Tailgate, its officers, directors, employees, and agents, and each of them, may incur arising out of the negligence, gross negligence or willful or wanton misconduct of the Client, its officers, directors, employees, or agents.

Obligation of Boise Tailgate - Boise Tailgate shall indemnify, defend and hold harmless Client, its officers, directors, employees, subsidiaries and agents, and each of them, from any and all claims, actions, causes of action, losses, damages to property, demands or liabilities of whatsoever kind and nature including judgments, interest, attorneys' fees, and all other costs, fees, expenses and charges which Client, its officers, directors, employees, and agents, and each of them, may incur arising out of the negligence, gross negligence or willful or wanton misconduct of Boise Tailgate, its officers, directors, employees, or agent.

Any notice, demand, or communication required or permitted to be given by any provision of this Contract shall be deemed to have been sufficiently given or served if sent by facsimile or electronic mail transmission, delivered by messenger, overnight courier, or mailed via certified mail, return receipt requested, and addressed or sent to the party’s address. Such notice shall be effective, (i) if delivered by messenger or by overnight courier, upon actual receipt (or if the date of actual receipt is not a business day, upon the next business day); (ii) if sent by facsimile or electronic mail transmission, upon electronic confirmation of receipt; or (iii) if mailed, upon the earlier of three (3) business days after deposit in the mail or the delivery date as shown by the return receipt.

Waiver by either party of any term or condition of this Agreement or any breach shall not constitute a waiver of any other term or condition or breach of this Agreement.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be impaired or affected thereby.

Clients and their attendees are expected to obey all state and local laws.

This Agreement shall be governed by and construed under the laws of the State of Idaho and the parties hereto consent to the jurisdiction of the courts of Ada County in the State of Idaho in the event of any dispute with respect to this agreement.

This is the entire Agreement of the parties with respect to the program, and it supersedes all prior agreements, written or oral, regarding the same subject matter. Except as otherwise provided above, this Agreement may be supplemented, amended or revised only in writing by agreement of the parties.