TERMS AND CONDITIONS

 

This Rental and Services Agreement ("Agreement") is entered into between TWR Holdings LLC ("Service Provider") and the Customer, detailing the terms under which the Customer can rent specified equipment ("Equipment") and receive associated services ("Services") from TWR Holdings LLC ("Service Provider"). By placing an order for Equipment and Services on this website or directly with Service Provider staff (the "Order"), the Customer acknowledges and agrees to be bound by this Agreement. If the Customer does not agree to these terms, they may not place an Order. Service Provider reserves the right to modify this Agreement at any time without prior notice to the Customer. Therefore, Service Provider advises the Customer to regularly review this page to ensure they are familiar with the latest version. Any amendments become effective upon their posting on www.lakesidegameday.com or shop.lakesidegameday.com.

 

1. Services.

The Order specifies the Equipment that the Customer intends to rent. Service Provider retains the right to reject any Order(s) if the Equipment is unavailable or for any other reason at its discretion. Service Provider will only consider Orders accepted once confirmed electronically via email or another means ("Acceptance"). By doing so, Customer explicitly authorizes Service Provider to communicate through such channels. Upon Acceptance, Service Provider leases to Customer, and Customer leases from Service Provider, the Equipment.

2. Service Period.

The Service Period commences at the date and time indicated in the Order, as confirmed by Service Provider, and must start at least three hours before the scheduled event time (subject to local regulations). It spans the duration specified in the Order, also confirmed by Service Provider, until Check Out, scheduled for the event's start time unless otherwise arranged by the Customer (see Section 15 below) ("Service Period").

3. Delivery and Installation.

a) Service Provider will deliver, set up, dismantle, and retrieve the Equipment at the Location specified in the Order ("Location"). The Equipment must not be relocated from this Location without the prior written consent of Service Provider, at its sole discretion. Service Provider retains the right to determine the precise placement of the Customer's Equipment.

b) The Equipment supplied by Service Provider under this Agreement may, at the Customer's discretion and subject to availability, include a media package consisting of television, stand, satellite connection, receiver connection, and power supply ("Media Package"). Customer acknowledges and agrees that Service Provider has no control over television broadcasts and shall not be liable for any channel "blackouts" resulting from contractual disputes or service interruptions due to adverse weather or other availability issues. In cases where such issues arise as outlined in this paragraph, no refunds will be issued.

4. Payment; Tax and Fees.

Customer is obligated to remit the amount due as ordered by Customer and confirmed in writing by Service Provider ("Payment"). Payment is due upon booking the Order. Failure to make Payment within seven (7) days of booking may result in Service Provider canceling the Order. Additionally, Customer must prepay all relevant taxes and fees. Except in cases involving catering or beverage service failures, Customer is not eligible for a refund on their Order.

5. Customer Obligations.

a) Customer acknowledges all risks associated with attending and utilizing the Services and Equipment, including the risk of property damage, loss, serious personal injury, or death, and assumes full responsibility for such risks. Customer agrees to secure all personal property within and around the Location and take necessary precautions to prevent theft or damage. Customer explicitly acknowledges and agrees that Service Provider bears no responsibility for any personal property belonging to Customer or for any injuries sustained by Customer at any time. Service Provider will not store or safeguard any personal items left at the Location after the event concludes, and such items may be subject to removal.

b) Customer agrees to respect the interests of other fans and clients of Service Provider and shall refrain from engaging in or permitting disorderly or offensive conduct within or around the Location. Customer further agrees not to exceed the maximum number of guests specified in the Order. If Customer breaches these terms, Service Provider management will issue a verbal warning. Failure to promptly comply may result in Service Provider taking one of the following actions at its sole discretion: 1) immediately revoking Customer’s access to the Equipment and terminating this Agreement without refund, or 2) charging Customer $100 per guest exceeding the maximum allowed, with immediate payment required.

c) Customer agrees to maintain the Location in a clean and orderly condition at all times. Failure to do so may result in additional fees being incurred by Customer.

6. Cancellation Policy.

a) All purchases are non-refundable. In the event of a game postponement or cancellation, 100% of payments made will be credited in full for future use. These credits can be utilized throughout the calendar year following the year of the original reservation or for a rescheduled game or opponent date.

b) Service Provider reserves the right, at its sole discretion, to suspend or cancel its services due to inclement weather, ground conditions, or other factors that may affect the quality and safety of service delivery. If inclement weather prevents Service Provider staff from setting up the Equipment or delivering any part of the Services as reasonably determined by Service Provider, Service Provider may suspend or cancel the Order. In such cases, Service Provider will credit the Customer for a future purchase equal to the amount paid for the specific event if the entire event is canceled under this provision. 

7. Termination.

The contract parties, namely the Service Provider and the Customer, have the right to terminate their obligations if either party's performance is hindered or rendered impossible due to force majeure events such as acts of God, health crises, legal restrictions, labor disputes, strikes, boycotts, epidemics, or acts of third parties like strikes, terrorist acts, or government orders. This clause allows either party to terminate the contract without further liability. In the event of termination, Customer will receive a full refund within five (5) days. Termination must be communicated in writing to the respective party, with at least 48 hours' notice before the event. Service Provider reserves the right to request proof of the reason for termination from Customer. Please note that catering, beverage, and third-party rental orders are non-refundable unless explicitly stated otherwise in the contract. Upon termination, Service Provider will return all payments made by Customer unless otherwise specified in the contract.

8. Limitation of Liability; Waiver of Jury Trial.

a) EXCEPT FOR THE WARRANTY OF TITLE, SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING WARRANTIES OF FITNESS OR MERCHANTABILITY, REGARDING THE QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, OR PERFORMANCE OF THE EQUIPMENT. CUSTOMER AGREES THAT THE EQUIPMENT IS RENTED "AS-IS," AND THAT IT MEETS THE SIZE, DESIGN, AND CAPACITY SELECTED BY CUSTOMER. CUSTOMER CONFIRMS THE EQUIPMENT IS SUITABLE FOR THEIR PURPOSES AND ACKNOWLEDGES THAT SERVICE PROVIDER HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OR DURABILITY OF THE EQUIPMENT FOR CUSTOMER'S SPECIFIC USES. CUSTOMER HEREBY WAIVES THE RIGHT TO A JURY TRIAL AND COUNTERCLAIMS FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.

b) IN NO EVENT SHALL SERVICE PROVIDER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR IN CONNECTION WITH CUSTOMER'S USE, OPERATION, OR POSSESSION OF THE EQUIPMENT. THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, ANTICIPATED SAVINGS, LOSS OF USE, AND LOSS OF GOODWILL, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SERVICE PROVIDER AND/OR THE AFOREMENTIONED PARTIES WERE ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

c) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SERVICE PROVIDER TO CUSTOMER OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE EQUIPMENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY CUSTOMER TO SERVICE PROVIDER FOR THE USE OF THE EQUIPMENT.

d) THE FOREGOING LIMITATIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnity.

Customer agrees to defend, indemnify, and hold harmless Service Provider, its employees, and agents against any and all: (1) liabilities, expenses (including legal fees), suits, demands, claims, judgments, or fines arising from injury to person or property resulting from or related to the Equipment or its use, possession, or operation by Customer, their guests, invitees, or any other person (excluding Service Provider), including the Equipment's use in an unlawful manner; (2) breach of any representation or warranty; and (3) losses, casualties, or damages to the Equipment during the Service Period. These indemnification obligations remain effective even after the termination or expiration of the Service Period.

10. Ownership and Security Interest.

a) The Equipment shall always remain the property of Service Provider. Customer shall have no ownership rights, title, or interest in the Equipment, except as outlined herein. Customer agrees, at their own expense, to protect and defend Service Provider's title and interest in the Equipment, and to keep the Equipment free from all claims and liens, except those created by or arising from Service Provider. The Equipment shall remain personal property regardless of its attachment to real property, and Customer agrees to take necessary actions, at their own expense, to prevent any third party from acquiring any interest in the Equipment. Service Provider may label the Equipment as its property, and Customer shall not remove or obscure any of Service Provider's ownership markings.

b) A continuing security interest is hereby established in favor of Service Provider for the Equipment rented to Customer, including any replacements, additions, improvements to the equipment, proceeds from any disposition of the Equipment, and any insurance proceeds resulting from damage or destruction thereof.

11. Representations; Use and Repairs.

Customer agrees to use the Equipment within its recommended capacities and solely for its intended purpose(s). Customer represents and warrants that: (1) they will comply with all laws, regulations, and ordinances concerning the possession and use of the Equipment, including but not limited to alcohol beverage laws, health, fire, and environmental regulations applicable to the Equipment; and (2) they will maintain the Equipment in good repair, condition, and operational status. Customer shall not make any modifications or enhancements to the Equipment without prior written consent from Service Provider. Any parts, modifications, or enhancements made to the Equipment shall immediately become the property of Service Provider and be considered part of the Equipment for all intents and purposes.

12. Loss; Destruction, Theft.

Customer accepts and assumes the entire risk of loss, theft, or destruction of the Equipment from any cause during the Service Period. The occurrence of loss, theft, or destruction of any part of the Equipment or the existence of insurance coverage does not relieve Customer of their obligations under this Agreement, which remain in full force and effect despite such events. The risk of loss transfers to Customer upon delivery of the Equipment and remains with Customer until the Equipment is returned to Service Provider.

Customer agrees to promptly notify Service Provider of any loss, theft, significant damage, or destruction of the Equipment. If Service Provider determines that the Equipment is lost, stolen, destroyed, worn out, or damaged beyond repair due to misuse, neglect, abuse, or any other cause, Customer agrees to pay Service Provider the following: (i) all accrued and outstanding payments and other amounts due under this Agreement, (ii) all future payments for the remaining Service Period related to the affected Equipment, and (iii) the fair market value of the Equipment at that time. Payment must be made promptly in full, and upon receipt of payment, the Equipment will become the property of Customer without warranty, and Service Provider's rights, title, and interest in the Equipment, including payments related to it, will terminate. Customer is responsible for any applicable sales, use, and transfer taxes associated with the transfer of ownership.

Any insurance proceeds received by Service Provider will be applied to Customer's obligations under this clause in a manner determined by Service Provider's sole discretion, and Service Provider may retain any excess amount.

13. Inspection.

Customer is required to inspect the Equipment promptly upon setup. If any defects or damage are observed, Customer must notify a Service Provider representative before the representative departs from the Location.

14. Default

In the event of a breach of this Agreement, Service Provider may choose one or more of the following remedies at its sole discretion: (a) terminate this Agreement upon written notice to Customer; (b) pursue legal action to enforce Customer's performance under this Agreement and/or seek damages for the breach; (c) repossess the Equipment from any location, with or without notifying Customer or using legal process. For this purpose, Service Provider or its agents may enter any premises under Customer's control without liability, to retrieve the Equipment; or (d) exercise any other rights or remedies available under law or agreement.

No remedy mentioned above is exclusive, and each remedy is cumulative to the extent necessary for Service Provider to recover amounts owed by Customer under this Agreement. Service Provider's waiver of any breach by Customer does not waive subsequent breaches of Customer's obligations under this Agreement, whether expressly or implicitly.

 

15. Return of Equipment

Customer must return possession of the Equipment to a Service Provider representative at the Location when the Service Period ends. Customer must remain at the Location until a Service Provider representative personally inspects the Equipment at the end of the Service Period (the "Check Out"). This inspection by Service Provider does not waive Service Provider’s rights to later claim damages to the Equipment, especially due to factors like darkness.

The Equipment must be returned in the same condition as when received by Customer, except for reasonable wear and tear resulting from normal and proper use, and free from any liens. This Agreement remains in full force and effect until the Check Out is completed. If Customer fails to return possession of the Equipment at the Location by the end of the Service Period, Customer agrees to pay an hourly fee of $250 until the Equipment is returned. However, Customer shall not be liable for delays caused by Service Provider in the return of the Equipment.

16. Assignment.

This Agreement is non-transferable and may not be sold, assigned, or transferred without the prior written consent of Service Provider.

17. Governing Law and Venue.

This Agreement is governed by the laws of the United States and the State of North Carolina, without consideration of its conflict of law principles. Customer agrees that any legal actions arising under this Agreement shall be filed in the appropriate federal or state court located in Forsyth County, North Carolina, and Customer consents to the exclusive jurisdiction and venue of such courts. In the event of any dispute or controversy arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs.

18. Notice.

Any notice required under this Agreement must be in writing and will be considered delivered when personally delivered, sent via overnight delivery service, or sent by certified mail with postage prepaid and return receipt requested. Notices to Customer should be directed to the individual and address specified on the Order form. All notices to Service Provider should be sent to service@lakesidegameday.com.

19. General.

his Agreement, along with the Order, constitutes the entire agreement between the parties and supersedes any prior agreements, whether oral or written, regarding the subject matter herein. Any amendment, supplement, or modification to this Agreement must be in writing and signed by all parties. The failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or affect the validity of this Agreement or any part thereof. Each party retains the right to enforce all provisions of this Agreement at any time.

20. Severability.

Service Provider believes that the Terms comply with all applicable laws. However, if any part of the Terms is found to be illegal, invalid, or unenforceable, you agree that: (a) such part shall still be enforced to the extent permitted to achieve the intent of the Terms, and (b) the remaining parts of the Terms shall remain valid and enforceable.