For the purpose of this Rental Agreement:

Thorn to Be Wild LLC shall mean the Rental Company, its owners, officers, directors, and employees; Customers shall mean Customers, guests/visitors of Customers, and their agents, contractors and/or employees. Rental Agreement shall mean the itemized list of items contained in the estimate or invoice emailed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the estimate or invoice. Regarding the lease of the described rental items in the Rental Agreement, the following indemnity/hold harmless agreement is established: The Customer commits to taking all necessary precautions for the rented items, safeguarding individuals and property from harm. The Customer further agrees to indemnify Thorn to Be Wild LLC against any liabilities, claims, judgments, legal fees, and associated costs, including but not limited to injuries, deaths, or property damage arising from the use, maintenance, installation, operation, possession, ownership, or rental of the items, regardless of the cause.

ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY

The Customer acknowledges being fully aware of the inherent risks associated with using or operating the items outlined in the Rental Agreement. By voluntarily entering into this Agreement, the Customer assumes all these risks. The Customer expressly releases Thorn to Be Wild LLC from any responsibility or liability for injury, death, or damage resulting from the use or operation of the rental items. Additionally, the Customer waives and discharges any claims for injury, death, or damage against Thorn to Be Wild LLC that they might otherwise be entitled to assert.

Regarding POSSESSION/TITLE, Thorn to Be Wild LLC will secure all items specified in the Rental Agreement for the Customer only upon receiving the total cost outlined in the Rental Agreement (or a lesser amount determined at Thorn to Be Wild LLC’s sole discretion). The remaining balance of the rental agreement must be settled two weeks before the event date (14 days). Failure to fulfill this obligation grants Thorn to Be Wild LLC the right to either cancel the order without a full refund or impose late payment charges equivalent to the highest APR permitted by Colorado law.

The Customer’s right to possess the rental items is limited to a 1-day period. If equipment is returned after normal business hours on the second day, an additional 1-day rental charge will apply. Rental time commences when the Customer accepts the floral wall or rental items upon delivery. In the renter’s absence, an individual designated by the renter may accept the equipment, assuming legal liability on the renter’s behalf. The Rental Agreement concludes upon Thorn to Be Wild LLC regaining possession of the rental equipment. Any extension requires written agreement. Title of the rental items consistently remains with Thorn to Be Wild LLC. The Customer grants Thorn to Be Wild LLC the authority to reclaim rental items without notice or legal proceedings at any time, irrespective of the equipment’s location on private property.

LEGAL FEES

Customers will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between Thorn to Be Wild LLC and their Customers must be filed in Denver County, and any litigation will be held in a Denver County Court.

MISCELLANEOUS

The Rental Agreement can be executed through electronic means, like email. It remains valid whether signed by the Customer or not, as long as they take possession of the rental items. If signed by another party on the Customer’s behalf, that party should sign their name and print C/O (Care Of) “Ordering Party.”

Regarding UNSAFE CONDITIONS, Thorn to Be Wild LLC may decline to install or deliver rental equipment due to unsafe conditions or weather. In such cases, the Customer is responsible for a minimum of 50% of the total specified in the Rental Agreement. In the absence of unsafe conditions, Thorn to Be Wild LLC will employ appropriate means to secure the rental equipment for the safety of the Customer and the equipment.

CANCELLATIONS

Customers booking a floral wall or other rental equipment within 30 days of their event must pay in full. For all future dates, a 50% deposit is required to secure the booking. If Customers cancel after providing a deposit, the deposit is non-refundable, regardless of the circumstances. Adjustments to orders are allowed until 7 days before delivery (except for specialty items). However, these adjustments cannot reduce the invoice below the non-refundable deposit amount. Specialty items, including specialty floral walls or those requiring Thorn to Be Wild LLC to manufacture, sub-rent, or purchase equipment, are non-refundable once ordered or manufacturing has begun.

DELIVERY CHARGES

Minimum delivery charges are based on 1-4 hour delivery windows with “non-same-day” pickups. Same-day and/or late evening pickups are available at an extra cost of $150. To ensure a smooth process, Customers or designated representatives must be present for their entire delivery window. Thorn to Be Wild LLC allows a 15-minute waiting period, after which Customers will incur waiting time charges at a rate of up to $50.00 per hour billed in 5-minute increments.

Orders will be delivered only if the total cost of rented items (excluding delivery fees and labor) is at least $250. Thorn to Be Wild LLC provides setup/breakdown services at no extra charge. Additional charges, up to $30 per hour, may be applied in cases where delivery conditions result in extra labor costs. This includes, but is not limited to, deliveries hindered by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand or loose gravel.

Additional charges may also apply for deliveries involving waiting times exceeding 15 minutes, precise (within 15 minutes) delivery or pickup time requirements, last-minute or rush deliveries or pickups, and inaccurate delivery locations or directions supplied by the customer. If the renter is unavailable, Thorn to Be Wild LLC may choose to set up in a manner deemed appropriate by our staff. In such cases, no refunds will be issued, and the customer accepts liability for any losses and damages that may occur to equipment left unsupervised for any reason.

EQUIPMENT USAGE AND RETURN

Customers are not allowed to make modifications or additions (e.g., lights, signs) to the floral walls; only Thorn to Be Wild LLC can perform alterations or additions. The customer assumes responsibility for any loss or damage to rental items, regardless of fault, and Thorn to Be Wild LLC has 72 hours after retaking possession to assess and determine if damage occurred during the renter’s possession.

In such instances, the Customer agrees to pay Thorn to Be Wild LLC for all labor costs related to the repair or attempted repair of damaged equipment, replacement equipment if necessary, and the replacement of items directly affecting the normal quality and functionality of the damaged equipment. Additionally, the customer is responsible for all shipping or delivery fees associated with the replacement or repair of damaged equipment.

MEASURING EVENT AREA

Thorn to Be Wild LLC offers free on-site estimates whenever possible. However, the responsibility for planning and measuring falls on the customer. If inadequate planning results in improperly measured areas for floral walls, balloons, etc., leading to an incomplete job, no refunds will be issued, and the customer is required to make full payment to Thorn to Be Wild LLC. Thorn to Be Wild LLC cannot be held liable for any planning not conducted by our staff.

DISCOUNTS

Thorn to Be Wild LLC reserves the right to provide discounts at its sole discretion. However, any customer violation of Thorn to Be Wild LLC’s rental contract or Terms and Conditions, including payment term violations, will render such discounts null and void.

LOCAL RULES AND REGULATIONS

For a smooth process, all rules and regulations concerning an event site must be communicated in writing to Thorn to Be Wild LLC before the delivery of rental equipment. The Customer is responsible for any fines incurred due to the non-disclosure of such regulations.