IMPORTANT NOTICE — PLEASE READ CAREFULLY
These Terms & Conditions (“Terms,” “Agreement”) govern all rentals, services, quotes, invoices, and bookings provided by M&D Event Rentals, LLC (“M&D,” “we,” “us,” or “our”) to the customer (“Client,” “you,” or “your”). These Terms are incorporated by reference into the short-form Rental Agreement issued with every quote and invoice. By placing a booking, signing a contract, paying a deposit, electronically accepting a quote, or otherwise engaging M&D’s services, Client acknowledges they have read, understood, and agreed to be legally bound by these Terms in their entirety.
In the event of any inconsistency between the short Rental Agreement and these Website Terms & Conditions, these Website Terms & Conditions shall govern.
Table of Contents
1.1 Booking Confirmation
A booking with M&D is not confirmed and inventory is not reserved until M&D has received both (a) Client’s signed acceptance of the Rental Agreement (electronic or written), and (b) the required deposit. Verbal commitments, “holds,” and unsigned quotes do not reserve inventory.
1.2 Deposit
A non-refundable deposit equal to fifty percent (50%) of the total contract amount is required to secure inventory and confirm the booking. The deposit compensates M&D for taking the inventory off the available market, declining other bookings on the same items, and beginning logistical preparation. The deposit is non-refundable under all circumstances except as expressly stated in these Terms.
1.3 Final Balance
The remaining balance is due no later than seven (7) calendar days prior to the earliest of delivery, pickup, or performance (“Final Payment Date”). Bookings scheduled within thirty (30) days or less from the booking date require payment in full at the time of booking, unless otherwise agreed in writing.
1.4 Failure to Pay
Failure to submit payment by the Final Payment Date may result in, at M&D’s sole discretion: (a) cancellation of the booking, (b) release of reserved inventory, (c) recalculation of the contract at standard non-discounted rates, and (d) additional charges, late fees, or collection costs.
1.5 Taxes & Processing Fees
Client is responsible for all applicable state, county, and local taxes, as well as all payment processing fees, including but not limited to approximately 1.7% on ACH/bank transfers and 3% on credit and debit card transactions. These rates are set by M&D’s payment processor and may change without notice.
1.6 Discounts
Discounts of any kind (promotional, package, repeat-client, vendor, or negotiated) are extended in good faith and contingent on Client’s compliance with all payment terms. If Client defaults on any payment obligation, fails to meet a Final Payment Date, or materially modifies the contract, M&D reserves the right to rescind any and all discounts and recalculate the contract at standard rates.
1.7 Acceptance
Acceptance of these Terms occurs by any of the following: (a) signing the Rental Agreement (electronic or wet ink), (b) paying the deposit or any portion of the contract amount, (c) accepting delivery of any rental items, or (d) any written or electronic confirmation of the booking. Once accepted, this Agreement is legally binding.
2.1 Standard Delivery
Standard delivery includes drop-off and pickup at a single ground-level access point where M&D’s truck can safely park and unload. Carrying items upstairs, through elevators, across long distances, around obstacles, or into specific event spaces is not included in standard delivery and must be arranged in advance for an additional fee.
2.2 Setup & Breakdown — Not Automatic
Setup and breakdown services are not automatic. They must be expressly listed and itemized on the invoice, including which categories of items are covered. Items not listed under setup/breakdown will be dropped at the access point and Client is solely responsible for placing, configuring, and repacking them.
2.3 M&D-Only Installation Items
Certain items — including but not limited to dance floors, chandeliers with freestanding poles, rigging, staging, lighting installations, and specialty décor — may only be installed, adjusted, modified, or removed by M&D staff when noted on the invoice. Unauthorized handling of M&D setup-only items by Client, guests, vendors, or venue staff may result in damage charges and releases M&D from any and all liability for injury, property damage, or equipment failure.
2.4 Inspection Upon Delivery
Client (or Client’s designated representative or venue) must inspect all items upon delivery. Any missing, damaged, or non-conforming items must be reported to M&D immediately upon delivery, while M&D staff are still on site. Items not reported during the on-site inspection shall be conclusively deemed accepted, complete, and delivered in good condition. If no authorized representative is available at delivery, all items are deemed accepted in good condition. Client acknowledges this inspection period is reasonable given the short-term, high-volume nature of event rentals.
2.5 Self-Setup Responsibility
If Client elects to perform setup independently, Client assumes full responsibility for the safe and proper handling, assembly, placement, leveling, securing, and breakdown of all items. Items must not be dragged, slid, or rolled across surfaces. All items must be lifted and carried to prevent damage. M&D shall not be liable for any damage to rental items, persons, or property arising from Client’s self-setup, repositioning, or breakdown.
2.6 Site Access & Working Conditions
Client shall provide M&D’s staff with safe, lawful, and appropriate working conditions during delivery, setup, and pickup, including clear pathways, adequate lighting, sufficient staging space, and crowd control where warranted. M&D reserves the right to suspend, delay, or cease services if conditions pose a threat to M&D personnel or equipment. Client remains fully responsible for the contract amount regardless.
2.7 Denied Entry by Venue
If M&D is denied entry to the event venue at the agreed delivery time for any reason — including venue policy, missing permits, lack of an authorized representative on site, or unauthorized access restrictions — Client shall be fully responsible for the contract amount plus any additional travel, attempted-delivery, or rescheduling fees.
2.8 Permits, Licenses & Governmental Approvals
Client is solely responsible for obtaining all event permits, business licenses, parking permits, occupancy permits, fire-safety approvals, alcohol permits, sound permits, HOA approvals, and any other governmental or third-party authorizations required for the event. M&D is not liable for any consequences arising from missing, expired, or improperly obtained permits.
2.9 Electrical Power
Client is responsible for providing adequate, safe, and code-compliant electrical power at the event site for all rented equipment. M&D may limit or refuse equipment functionality if adequate power is not available. M&D shall not be liable for diminished performance, equipment failure, fire, or injury caused by inadequate or improperly wired power sources.
2.10 Weather & Outdoor Events
Client assumes all weather-related risks for outdoor and partially outdoor events. M&D’s fees are not reduced, refunded, or rescheduled due to inclement weather, including rain, wind, heat, cold, dust, monsoon conditions, or other natural events. M&D may, at its sole discretion, delay, modify, suspend, or cancel services if weather poses a danger to staff, guests, or equipment, and such action shall not constitute a breach.
2.11 Access, Setup Window & Venue Fees
Client must ensure adequate vehicle access, loading-dock or curbside availability, and a minimum two (2) hour setup window prior to the event start time. Client is responsible for any and all venue-imposed fees incurred by M&D, including parking, loading-dock, freight elevator, security, and ancillary venue power or rigging charges.
2.12 Site Preparation
Client is responsible for ensuring the event site is prepared for delivery and setup, including clearing obstacles and personal property; turning off automatic sprinkler systems; clearly marking underground utilities, sprinkler heads, and irrigation lines; and providing access to keys, codes, gates, or security clearances. Client is solely responsible for damage to underground utilities, irrigation systems, landscaping, hardscape, flooring, and any other property arising from undisclosed site conditions.
2.13 Dimensions & Fit
Client is solely responsible for confirming that all rented items will fit through doorways, hallways, elevators, gates, and into the intended event space, and for confirming the suitability of the venue for the size, weight, and configuration of the items. Refusal of items at the site due to fit issues, venue restrictions, or Client error does not entitle Client to a refund or reduction.
3.1 Custody & Responsibility
Client is fully responsible for all rental items from the moment of delivery (or pickup, in the case of self-pickup) until items are returned to or recovered by M&D, including damage caused by Client, guests, vendors, venue staff, third parties, weather, or any cause whatsoever, except for the gross negligence or willful misconduct of M&D’s own personnel.
3.2 Return Condition
Items must be returned in the same condition as delivered, normal wear and tear excepted. Loss, theft, breakage, chipping, cracking, staining, burns, water damage, smoke damage, wax damage, misuse, or exposure to unsafe conditions may result in repair charges, cleaning charges, or full replacement charges at reasonable market value.
3.3 Tableware & Linens
All linens, charger plates, plates, glassware, flatware, napkins, runners, and similar items must be returned completely free of food, beverages, oils, sauces, wax, residue, garbage, and debris. Items returned with residue, stains, burns, wax, mildew, or discoloration may incur additional cleaning charges. If professional cleaning does not restore an item, full replacement cost may apply. Wax, heavy staining, or chemical residue on fabric items may incur specialized cleaning fees. Chipped, cracked, or compromised items will be charged at full replacement cost unless covered by an applicable damage waiver.
3.4 Card on File Authorization
By booking with M&D, Client expressly authorizes M&D to retain Client’s payment card on file and to charge that card for any post-event amounts owed, including damages, losses, unreturned items, additional cleaning fees, late fees, recovery costs, or any other charge permitted under this Agreement. M&D will provide written notice (email or text) at least forty-eight (48) hours before processing any post-event charge, identifying the reason and amount.
3.5 Ownership
All rental items remain the exclusive property of M&D Event Rentals, LLC at all times. Client acquires no ownership, title, equity, security, or proprietary interest in any item.
3.6 No Subletting, Modification, or Relocation
Client shall not sublet, loan, re-rent, sell, modify, alter, paint, drill, attach, affix, or relocate items from the event address listed on the contract without M&D’s prior written consent. Unauthorized relocation, modification, or transfer is a material breach and may result in immediate termination, repossession, and full replacement charges.
3.7 Malfunction Protocol
If any item malfunctions or appears unsafe during use, Client shall stop using the item immediately and notify M&D as soon as reasonably possible. Client is not authorized to repair, modify, or arrange third-party repair of any rental item, nor to incur any expense on M&D’s behalf.
4.1 Surface Requirements
Dance floors require a flat, stable, and level surface such as concrete, hard indoor flooring, finished patio, or a properly constructed and approved subfloor. Installation directly on grass, dirt, sand, gravel, decomposed granite, uneven pavers, or soft ground is not recommended and may be refused at M&D’s sole discretion. If Client insists on installation on a non-recommended surface, Client assumes all risk of instability, unevenness, damage, and injury, and releases M&D from all related liability.
4.2 Refusal of Installation
M&D reserves the right to refuse, modify, relocate, or partially install any dance floor if site conditions are unsafe, materially different from what was disclosed at booking, or otherwise unsuitable. If installation is refused due to site conditions beyond M&D’s control, refunds are not guaranteed and the dance floor charge may be retained in full.
4.3 Outdoor Dance Floor Setup
For outdoor dance floor installations, Client must, prior to M&D’s arrival: (a) clear all obstacles, debris, furniture, and personal items from the installation footprint, (b) turn off all sprinkler systems, (c) clearly mark all underground utilities, irrigation lines, and sprinkler heads, and (d) verify the installation surface meets the requirements above. Client is solely responsible for any damage to underground systems, irrigation, landscaping, hardscape, or any other property arising from installation.
5.1 Standard Changes
All changes are subject to inventory availability and M&D’s review and approval. Changes under one thousand dollars ($1,000) requested at least four (4) weeks prior to the event date may be made at M&D’s discretion.
5.2 Major Changes Defined
A “Major Change” includes any of the following: (a) reducing the order by more than one thousand dollars ($1,000), (b) removing an entire event date or venue, (c) materially altering the scope of the contract, (d) substituting categories of inventory, or (e) any combination of changes that, in aggregate, exceeds the thresholds above.
5.3 Effect of Major Changes
Major Changes may, at M&D’s sole discretion, result in: (a) recalculation or removal of any discounts previously applied, (b) remaining items reverting to standard rack rates, (c) loss of vendor or package pricing, and (d) re-quotation of logistics, labor, and delivery fees.
5.4 Refunds Not Guaranteed
Refunds are not guaranteed, particularly for Major Changes, labor already scheduled, or inventory already committed, ordered, or removed from market. Any refund is at M&D’s sole discretion, calculated based on costs already incurred, opportunity cost, and timing relative to the event date. The fifty percent (50%) deposit referenced in Section 1.2 remains non-refundable in all events.
6.1 Definition
“Special-Order Items” means inventory specifically ordered, sourced, manufactured, customized, dyed, printed, or procured for Client’s event that is not part of M&D’s standard rental stock. These items will be clearly labeled as “Special Order,” “Pre-Order,” “Custom,” or “Extra-Ordered” on the invoice.
6.2 Lead Time
M&D generally requires a minimum of three (3) months lead time for Special-Order Items. Shorter lead times may be accommodated at M&D’s discretion subject to availability and rush fees.
6.3 Non-Refundable
Special-Order Items are non-refundable once ordered, regardless of cancellation, change of mind, change of design, change of event date, or any other reason.
6.4 Supplier Failure
If a third-party supplier fails to deliver a Special-Order Item, M&D will make commercially reasonable efforts to substitute a comparable item or refund the rental portion paid for the affected item. M&D’s liability for supplier failure is limited to the amount paid for the specific affected item.
6.5 Exclusion from Standard Provisions
Special-Order Items are excluded from M&D’s standard refund, exchange, and substitution provisions unless expressly agreed in writing.
7.1 Repacking & Staging
Unless setup/breakdown is purchased for specific items, those items must be repacked into M&D’s original containers (racks, crates, bins, dollies) and staged near the original delivery access point with clear and unobstructed access.
7.2 Tableware Pre-Cleaning
All tableware — plates, glassware, flatware, charger plates, and serving pieces — must be scraped and/or rinsed free of food, sauces, oils, liquids, and debris prior to pickup. This is required regardless of whether setup/breakdown was purchased.
7.3 Setup/Breakdown Coverage
When setup/breakdown is purchased, M&D will handle the collection, repacking, and removal of the specific items covered. Tableware must still be rinsed by Client or Client’s caterer, even when breakdown is included, unless full cleaning service is expressly purchased.
7.4 Excessive Cleaning or Improper Packing
Items returned with excessive cleaning needs, improper packing, mixed inventory, missing pieces, or significant delays may result in additional labor, handling, sorting, or cleaning fees at M&D’s standard rates.
7.5 Recovery
If Client fails to return items, fails to make items accessible at the agreed pickup time, or otherwise prevents M&D from recovering its property, Client expressly authorizes M&D to enter the premises to recover M&D’s property. Client is responsible for all recovery costs, including additional truck fees, labor, mileage, and legal fees.
7.6 Refused Access at Pickup
If M&D is refused access to the items or premises at the agreed pickup time, Client shall be liable for: (a) the full replacement and inconvenience cost of the rental items, and (b) the opportunity cost of all active quotes and contracts that depend on those items for the period during which M&D is denied recovery.
8.1 M&D’s Insurance
M&D maintains commercial general liability insurance and can provide a Certificate of Insurance (“COI”) upon written request. M&D’s insurance protects M&D, its personnel, and its equipment — it does not protect Client, Client’s guests, or Client’s property.
8.2 Optional Event Insurance
Optional event insurance is available through Goodshuffle and is strongly recommended for all events.
8.3 Required Insurance for Larger Events
For events meeting any of the following criteria, M&D may, at its sole discretion, require Client to obtain a general liability insurance policy with minimum limits of $1,000,000 per occurrence, naming M&D Event Rentals, LLC as additional insured, with the COI provided no fewer than seven (7) calendar days prior:
8.4 Damage Waiver
A damage waiver is not standard but may be offered or required by M&D for certain events or item categories. When applicable, the damage waiver will appear as a separate line item on the invoice. The damage waiver covers accidental damage to rental items up to the limits stated and does not cover loss, theft, gross negligence, willful misconduct, or damage from prohibited use.
8.5 Client Responsibility Without Coverage
Absent a damage waiver or applicable insurance coverage, Client remains fully and personally responsible for all loss, damage, theft, or destruction of rental items at full replacement cost.
8.6 AS-IS; No Warranties
RENTAL ITEMS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, M&D DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT ITEMS WILL MEET CLIENT’S SUBJECTIVE EXPECTATIONS, COLOR PREFERENCES, OR DESIGN VISION.
Client is encouraged to inspect inventory in person at M&D’s showroom or via virtual walkthrough (FaceTime, video call) prior to booking. Once accepted, items will not be exchanged or refunded based on subjective preferences.
8.7 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, M&D’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO M&D UNDER THE APPLICABLE BOOKING. M&D SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, EMOTIONAL DISTRESS, OR DAMAGES ARISING FROM EVENT DISRUPTION, REGARDLESS OF THE LEGAL THEORY AND EVEN IF M&D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In plain English: If something goes wrong with your rental, the most you can ever recover from M&D is the amount you paid for that booking. We are not responsible for ruined parties, lost vendors, damaged reputation, or any other indirect harm.
8.8 Indemnification
Client agrees to defend, indemnify, and hold harmless M&D Event Rentals, LLC, its owners, members, officers, employees, agents, contractors, and affiliates (collectively, the “M&D Parties”) from and against any and all claims, demands, suits, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:
This indemnification obligation survives termination of this Agreement.
8.9 Force Majeure
M&D shall not be liable for any delay, suspension, modification, or failure to perform caused by circumstances beyond M&D’s reasonable control, including acts of God, severe weather, monsoon, flooding, fire, earthquake, pandemic, epidemic, public health emergency, war, civil unrest, terrorism, supply chain disruption, materials shortage, transportation failure, fuel shortage, labor dispute, governmental orders, regulatory action, or utility failure. M&D will make commercially reasonable efforts to provide alternatives or reschedule. If M&D is unable to perform due to a force majeure event, M&D’s liability is limited to a refund of fees paid for the affected portion of the booking, less non-refundable costs already incurred.
9.1 Right to Photograph
M&D may photograph or video its setups, installations, and inventory at the event for portfolio, marketing, social media, training, and promotional purposes.
9.2 Opt-Out
If Client wishes to opt out, written notice (email is sufficient) must be provided to M&D prior to the event date. Opt-outs received after the event will be honored on a best-effort basis going forward.
9.3 No Ownership Transfer
Any media captured by M&D remains the exclusive intellectual property of M&D Event Rentals, LLC.
10.1 Late Fees
Amounts unpaid more than fifteen (15) days past due will incur a late fee equal to five percent (5%) of the outstanding balance.
10.2 Interest
Amounts unpaid more than sixty (60) days past due will accrue interest at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by Arizona law, whichever is less.
10.3 Collection Costs
Client is responsible for all costs of collection, including reasonable attorneys’ fees, court costs, collection agency fees, and any other expenses M&D incurs to collect amounts owed.
10.4 Application of Payments
M&D may apply any payment received first to outstanding fees, costs, and interest, and then to principal.
11.1 Governing Law
This Agreement is governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
11.2 Mediation
Any dispute, claim, or controversy arising out of or related to this Agreement shall first be submitted to good-faith mediation in Maricopa County, Arizona, with a mutually agreed-upon mediator. The parties shall share the cost of mediation equally.
11.3 Litigation
If the dispute is not resolved through mediation within thirty (30) days of the initial mediation request, either party may commence litigation. The state and federal courts located in Maricopa County, Arizona shall have exclusive jurisdiction and venue.
11.4 Attorneys’ Fees
Pursuant to A.R.S. § 12-341.01, the prevailing party in any mediation, arbitration, or litigation arising out of this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
11.5 Capacity & Authority
By signing or accepting this Agreement, Client represents they are at least eighteen (18) years of age and have full legal capacity and authority to bind the contracting party.
11.6 Assignment
Client may not assign or transfer this Agreement without M&D’s prior written consent. M&D may assign this Agreement to a successor entity, affiliate, or in connection with a sale of all or substantially all of its assets.
11.7 Waiver
M&D’s failure to enforce any provision shall not be construed as a waiver of M&D’s right to enforce such provision later. No waiver is effective unless in writing and signed by an authorized representative of M&D.
11.8 Severability
If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, or severed, and the remaining provisions shall continue in full force.
11.9 Survival
The provisions of Sections 3, 7, 8, 10, and 11, and any others that by their nature should survive, shall survive termination or expiration.
11.10 Entire Agreement
This Agreement, together with the executed Rental Agreement, the invoice/quote, and any addenda expressly incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings.
11.11 Counterparts & Electronic Signature
This Agreement may be executed in counterparts and by electronic signature pursuant to the Arizona Electronic Transactions Act (A.R.S. § 44-7001 et seq.). Each counterpart shall be deemed an original and all together shall constitute one instrument.
11.12 Headings
Headings are for convenience only and shall not affect interpretation.
“Booking” — A confirmed reservation of inventory and services secured by deposit and signed Rental Agreement.
“Client” — The individual, business, or entity signing or accepting the Rental Agreement.
“M&D” — M&D Event Rentals, LLC, an Arizona limited liability company.
“Major Change” — As defined in Section 5.2.
“Rental Agreement” — The short-form contract issued with each quote and invoice, which incorporates these Terms by reference.
“Special-Order Items” — As defined in Section 6.1.
CONTACT
M&D Event Rentals, LLC
777 W Pinnacle Peak Rd, Suite B104
Phoenix, AZ 85027
(602) 706-1119
mndeventrentals.com
By booking with M&D Event Rentals, you acknowledge that you have read, understood, and agreed to these Terms & Conditions in their entirety.