Terms Of Service
The Wooden Hatchet, or Otherwise Known As, DNS Enterprise LLC
RENTAL AGREEMENT AND TERMS OF SERVICE
This Rental Agreement (hereinafter, “Agreement”) is made (today’s date) between DNS Enterprise LLC, DBA The Wooden Hatchet, a Connecticut limited liability company (hereinafter, “ The Company”), and (renters full legal name), located at (renters mailing address) (hereinafter, “Renter” and together with Company, the “Parties” and each a “Party”), for the rental of mobile axe throwing services for Renter’s event (hereinafter, “Event”) scheduled for (event date) (hereinafter, “Event Date”).
SERVICES: Company agrees to deliver, setup, operate, and remove the mobile axe throwing trailer at the event location. At least one Company representative will be present at all times during the event including the event setup and takedown. Company will explain the activity to participants and oversee the event. Company agrees to have the mobile axe throwing unit operational for the event hours; however, situations may arise in which operations may need to be interrupted for target changing, maintenance, service, inclement weather, and/or any unforeseen circumstances. Should Company fail to provide a fully operational axe throwing unit during the agreed upon time, an extended time period, partial refund, or rescheduling will be offered depending on the amount of time lost.
PAYMENT: Renter agrees to pay the total amount due for trailer rental services at the time of booking the event. Remaining balance for additional services/fees are due 7 days prior to the event date. If the event location is outside 25 miles of Middletown, CT city limits, you understand that an additional fee of $100 will be added for any party between 26-50 miles outside of Middletown city limits (any party 51-75 miles, $150 travel fee will apply). Payment is partially-refundable. All bookings are non-transferable. If Renter is paying with a credit card, the renter agrees to pay the 3.5% processing fee.
Extra Time: If the day of the event the renter wants to extend the rental period for additional hours. The renter agrees to pay $175 per each additional hour The Wooden Hatchet is on site at said location, after scheduled time.
CANCELLATION: Renter acknowledges that the event must be canceled within at least 7 days (prior to the scheduled date/time of event) notice to Company in advance of the event and such cancellation will entitle Renter to a refund of the total amount paid at the time of booking minus $100 cancellation fee. If Renter cancels within 7 days of the scheduled event, Renter will receive NO refund. If an unforeseen circumstance forces Company to cancel the event, Renter will be notified immediately and offered a full refund, or a rescheduling date.
SETUP/TAKEDOWN: The Company will deliver, setup, and remove all necessary equipment from the event location. Renter will allow access to the event location at least 30-60 minutes before and 30-60 minutes after the event for setup and takedown. Renter agrees to have a reasonably accessible minimum 12’ x 40’ (480 sq. ft.) area with a reasonably level ground for the 22’x 8’x13’ trailer to park. Space shall be clear of overhead electrical lines, low hanging tree branches, and any other objects that may obstruct safe performance of the event. Space should also be clear of underground water wells, and/or septic tanks.
PARTICIPATION IN ACTIVITY: Renter understands that the Renter and all participants in the event must be over the age of 12 years, physically able to climb up step to trailer, and safely handle and throw a 2 lb. axe. Renter understands that Renter and each participant at your event must sign The Wooden Hatchets Liability Waiver form and The Wooden Hatchets Safety Policy & Guidelines form before engaging in the event. You understand that the Company reserves the right to refuse the participation of anyone who displays the inability to safely handle and/or throw an axe due to physical, emotional, and/or mental disabilities. You also understand that the Company reserves the right to refuse participation to anyone who displays any type of misconduct and/or is impaired by the use of drugs and/or alcohol. For participants under the age of 18 (“minors”), a parent or guardian must sign The Wooden Hatchets Liability Waiver on behalf of the minor participating.
INCLEMENT WEATHER: Company reserves the right, in good faith, to cease the operation should the weather pose a potential danger to our personnel, equipment, you, or your participants. If operation must cease due to inclement weather including, but not limited to rain, lightning, and high winds, a partial refund, or rescheduling date will be offered, at Company’s complete discretion.
LIABILITY AND INDEMNIFICATION: You indemnify and hold harmless DNS Enterprise LLC/The Wooden Hatchet, its employees, agents, representatives, officers, directors, owners and assigns, from any and all claims, losses, fines, demands, judgments, damages of any kind or nature, liabilities, lawsuits, arbitrations, and proceedings of any nature arising from or out of or in any way connected to the event. Renter, to the maximum extent permitted by law, holds The Company and its employees, agents, representatives, officers, directors, owners and assigns, harmless from any and all claims and/or action of any kind and nature resulting from or related to the Company’s employees’ or agents’ negligent or intentional acts, errors and omissions in their performance under this Contract. You are further prohibited from and explicitly agree not to infringe upon the Company’s proprietary rights in any way, and will not use, copy, appropriate, or modify any property, tangible or intangible (including intellectual property, concepts, and ideas), belonging to the Company for your own personal or professional monetary gain, either directly or indirectly. In addition, you may not use any recorded media, including but not limited to, photographs, videos, voice recordings, for any personal or professional promotional uses, advertising purposes, or for any other type of use that would cause public confusion as to the proprietary ownership or of the Company’s business operations.
DAMAGES: Renter acknowledges that Renter is responsible for any damage or loss to The Wooden Hatchet equipment caused by the misuse or negligence of Renter and/or Renter’s participants. The Wooden Hatchet is not responsible for any damage to Renter’s property or the event location, and Renter agrees to ensure, or assume at your own risk, that The Wooden Hatchet trailer and related equipment necessary for your event will fit on the rental property and that access to the event location will be available.
BINDING ARBITRATION: This Contract and the event is governed by the laws of the State of Connecticut and Renter agrees that any dispute shall be resolved exclusively by binding arbitration according to the rules of the American Arbitration Association. The prevailing party shall be entitled to an award of attorneys’ fees and costs.
BY CONFIRMING A RENTAL DATE, I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND AGREE TO THESE TERMS ON MY OWN FREE WILL.