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Undercover Hostess Customer Rental Agreement

 

These terms and conditions (the "Agreement") are a legal agreement between you ("You" or "Your") and Undercover Hostess, LLC. "Undercover Hostess," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent linens and party décor (each a "Product" and collectively, "Products") and receive related services ("Services") from, Undercover Hostess via our website at www.undercoverhostess.com (the "Website"). BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON AS A FIRST TIME USER OR CLICK ON THE “SUBMIT ORDER” BUTTON AS A RETURNING USER, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES. BY CLICKING ON THE "I ACCEPT" BUTTON AS A FIRST TIME USER OR BY SUBMITTING AN ORDER FOR PRODUCTS AS A RETURNING USER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT INCLUDING THE WEBSITE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DO NOT ACCEPT" BUTTON OR DO NOT SUBMIT YOUR PRODUCT ORDER AND YOU WILL NOT BE PERMITTED TO RENT AND PURCHASE THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OR PURCHASE OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE. THIS AGREEMENT APPLIES EVERY TIME YOU SUBMIT AN ORDER OR OTHERWISE USE OUR SERVICES.
1. General; Rental Not Purchase; Adult Agreement Required.
This Agreement contains all the terms and conditions governing Your rental of Products from Undercover Hostess via the Website from time to time. You agree that Your use of our Website and the Services, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms and Conditions of Use available at Terms & Conditions and our Privacy Policy at Privacy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting specified Products and that ownership of the specified rental Products remains with Undercover Hostess at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By clicking the “I Accept” button, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein. Children under the age of 13 may not use the Website and parents or legal guardians may not agree to the Website Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age, may use the Website under the supervision of parents or legal guardians who agree to be bound by the Website Terms and Conditions of Use on their behalf. If You are a parent or legal guardian agreeing to the terms and conditions of this Agreement (including the Website Terms and Conditions and Privacy Policy) for the benefit of a child between the ages of 13 and 18, You are fully responsible for his or her use of the Website and the Services, and the rental of any Products, including all legal liability he or she may incur. 

2. Sales.

You acknowledge and agree that only those Products designated by us on the Site as available for purchase and aren't rental items are eligible for purchase by you, and are yours to keep, and alter or edit in any way you choose. 

3. Rental Fees; Payment Card Authorizations; Cancellations.

The rental fee ("Rental Fee") for the Hostess Kit and other Products will be the rental fee and delivery charges listed on the Website in connection with Your rental of the Hostess Kit and Products.

Upon Your order for your Hostess Kit, You hereby authorize us to charge Your payment card for the Rental Fee. We will charge Your payment card the amount of the Rental Fee immediately upon Your rental order.  

A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of Your order of a Product, You hereby authorize Undercover Hostess to charge Your credit card for the ORIGINAL RETAIL VALUE of that Product (when new) as set forth, plus any applicable sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 6 below.  

Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Undercover Hostess, shall be reimbursed by You to Undercover Hostess in connection with Your order for the rental.  You may cancel Your order for Products at least fourteen (14) days prior to the ordered party date with no cancellation fee. If you cancel Your order within fourteen (14) days of the ordered party date, your credit card will be charged the full amount. However, if, within those fourteen (14) days of the ordered party date, Your package has not left the shipping facility, a credit of 50% of the total purchase price will be applied to your account.

4. Our Commitments to You.

a. Delivery. We will deliver the Products You ordered two business days before the selected event date You entered in during product selection, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Sometimes Undercover Hostess Products may appear slightly different in color and style than the photos displayed on our website. Our liability to You for failure to do deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding delivery charges) as determined by us. 

b. Delivery; Clean and Ready to Use. Your Products may be ordered and delivered to you sooner than two business days before Your party subject to the additional delivery charge set forth on the Website. All deliveries will be through Undercover Hostess’ shipping partner, UPS, which may change from time to time at the Company's discretion. The shipping method used will be at the discretion of Undercover Hostess. The fabric and linen Products will be professionally cleaned and delivered ready to use. We tumble wash/dry clean and inspect each of these Products with the utmost care, but use of the Product is at your own risk and Undercover Hostess shall not be held liable for any health-related complaints associated with a product rented from our site.

c. Return Packaging. With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products to Undercover Hostess ("Return Packaging").

d. Services. On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided "AS IS" without guarantee as to results.

5.  Details On Our Commitments to You.  

a. Limited Warranty.  The limited warranties set forth in Section 4 apply only to You, may be acted upon only by You, and may not be assigned, sold, or transferred to any third party. No warranties are granted other than as set forth in Section 4. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 6 of this Agreement.

b. Remedies.  Your sole and exclusive remedy and Undercover Hostess' sole and exclusive liability for a breach of Undercover Hostess' limited warranty shall be, at Undercover Hostess' option, Undercover Hostess' use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges).

c. Disclaimers.  THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.

6. Your Commitments to Us; Payment of Rental Fee; Fees for Late Returns.

a. Receipt of the Products. Upon delivery, You bear responsibility for the Product(s).You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecured shipping address is provided, Undercover Hostess does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Undercover Hostess is not to be held liable, but You will be held liable.

b. Use of the Products. You agree to treat the Products with great care, and return it in the same condition as was delivered to you. You are responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, or other minor damage. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product. If a single item from a package is damaged, You are responsible only for cost of the single item and not of the entire value of the package.

c. Return of the Products; Extensions. You agree to return the Products to Undercover Hostess in the Return Packaging on the next business day after Your event date. You may extend Your order for a Product on the Website or by phone to Undercover Hostess; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product by delivering the Product in the Return Packaging to a UPS store located in the United States on or before the date that the Product is due.

d. If You return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card You used to pay the Rental Fee or to any other payment card included in Your account information that You have provided to Undercover Hostess for every day that you are late returning the Products, and You agree to pay such late fees, up to an amount not to exceed $400 plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within eight (8) days after the return date for the Product, Your late return will be considered a non-return and Undercover Hostess will have charged Your payment card the maximum late fee set forth above, plus applicable sales tax. 

e. If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing Undercover Hostess with a tracking number.

f. Payment of up to $400 Late Fee. We will not charge You for more than an amount of $400 plus the Rental Fee, in the aggregate, for any charges arising under this Section 6, excluding collection costs. If You pay us $400 under this Section 6 and You still possess the Product, the Product is Yours to keep, though on an "AS IS" basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by You pursuant to this Section 6.

g. Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees.

h. Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.

i. Email. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing hello@undercoverhostess.com or following the links provided at the bottom of those e-mails when available.

7Limitation of Liability.

a. No Indirect Damages. IN NO EVENT SHALL UNDERCOVER HOSTESS (OR ITS SUPPLIERS OR LICENCORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF UNDERCOVER HOSTESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

b. Limited Direct Damages. UNDERCOVER HOSTESS (AND ITS SUPPLIERS' AND LICENCORS') AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE PRODUCTS AND/OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.

c. Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.

8. Miscellaneous.

This Agreement, (including the Website Terms and Conditions and the Privacy Policy referenced in this Agreement) constitute the entire agreement between You and Undercover Hostess with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Undercover Hostess. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflicts of laws principles. You shall not assign this Agreement without Undercover Hostess’ prior written consent. Termination of this Agreement will not relieve You of any payment obligations here under. Sections 1, 2, 3, 4, 5, 6 and 7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Undercover Hostess shall not be liable for failure to perform any of its obligations by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.