TERMS + CONDITIONS
These Terms and Conditions (“Agreement”) govern all equipment rentals, staffing services, and related services (collectively, the “Services”) provided by The Marcel Group LLC and its divisions, affiliates, and subsidiaries (collectively, the “Company”) to the client (“Client”).
Acceptance of any quote, proposal, estimate, order, invoice, delivery, booking confirmation, or Services constitutes Client’s agreement to be bound by these Terms and Conditions.
1. Cancellations and Schedule Changes
1.1 Standard Equipment Rental Cancellations
Unless otherwise stated in writing:
a. Cancellations made seven (7) or more calendar days prior to the scheduled start date shall receive a full refund of amounts paid, excluding nonrecoverable third-party expenses.
b. Cancellations made between three (3) and six (6) calendar days prior to the scheduled start date shall incur a cancellation fee equal to fifteen percent (15%) of the total project amount.
c. Cancellations made within forty-eight (48) hours of the scheduled start date shall incur a cancellation fee equal to thirty percent (30%) of the total project amount.
d. Cancellations made on the scheduled start date shall incur a charge equal to one hundred percent (100%) of the total project amount.
1.2 Production and Staffing Cancellations
For event production services, staffing services, or coordinated logistics support:
a. Cancellations made five (5) or more calendar days prior to scheduled load-in shall incur no cancellation charge except for nonrecoverable expenses already incurred.
b. Cancellations made between forty-nine (49) hours and five (5) days prior to scheduled load-in shall incur a cancellation charge equal to fifty percent (50%) of the total project amount.
c. Cancellations made within forty-eight (48) hours of scheduled load-in shall incur a cancellation charge equal to one hundred percent (100%) of the total project amount.
1.3 Weather-Related Cancellations
Weather-related cancellations shall be governed as follows:
a. Cancellations made forty-eight (48) hours or more prior to scheduled load-in shall incur no cancellation fee except for expenses already incurred.
b. Cancellations made between twenty-four (24) and forty-eight (48) hours prior to scheduled load-in shall incur a cancellation charge equal to fifty percent (50%) of the total project amount.
c. Weather-related cancellations occurring on the day of the event or after load-in has begun shall incur a cancellation charge equal to one hundred percent (100%) of the total project amount.
1.4 Rescheduling
If Client requests rescheduling:
a. Requests made three (3) or more calendar days prior to the scheduled start date may be accommodated at Company’s discretion.
b. Deposits previously paid shall be applied toward the rescheduled date, less any costs already incurred.
c. If Company is unable to accommodate the requested rescheduled date, all deposits shall be forfeited.
2. Change Orders and Rush Services
Company reserves the right to adjust pricing, staffing, timelines, and discount eligibility for modifications requested after project confirmation.
a. Change orders requested within twenty-four (24) hours of scheduled load-in or project commencement may result in the removal of previously applied discounts.
b. New orders placed within twenty-four (24) hours of scheduled load-in may incur a fifteen percent (15%) rush surcharge or more.
c. New orders placed within four (4) hours may incur a twenty-five percent (25%) rush surcharge or more.
3. Equipment Condition and Use
Client acknowledges that all rented equipment is accepted in its present condition unless otherwise documented in writing at the time of delivery. Client agrees:
a. to use equipment solely for its intended purpose;
b. to operate equipment using proper methods and implements;
c. not to modify, alter, repair, or service equipment without prior written authorization from Company;
d. to maintain equipment in secure custody throughout the rental period.
Client assumes full responsibility for all loss, theft, misuse, or damage occurring while equipment is in Client’s possession or control.
4. Loss, Damage, and Replacement
Company reserves the right to charge Client for the full replacement value of any equipment that is lost, stolen, destroyed, damaged beyond reasonable repair, or not returned within the agreed rental period.
Replacement charges shall be payable within seventy-two (72) hours of written notice.
Failure to remit payment within this period may result in referral to collections and recovery of associated administrative, legal, and enforcement costs.
5. Insurance Requirements
Company may require Client to provide a valid Certificate of Insurance prior to release of equipment or commencement of Services. Where required, the Certificate of Insurance must:
a. remain effective for the full duration of the rental or service period;
b. insure equipment at no less than replacement value;
c. include coverage for loss, theft, and damage;
d. name Company as Additional Insured and/or Loss Payee when requested.
Failure to provide required insurance documentation may result in suspension or cancellation of Services without refund.
6. Delivery and Transportation
Delivery charges are based on project timing, staffing requirements, and logistical conditions. Additional charges may apply for:
a. call times before 8:00 AM;
b. call times after 7:00 PM;
c. Sundays or recognized holidays;
d. extended driver wait time beyond scheduled delivery or pickup windows.
Company reserves the right to adjust delivery pricing accordingly.
7. Client Pickup and Return Obligations
If Client elects to pick up equipment, the client agrees:
a. to provide transportation suitable for safe handling;
b. not to transport equipment outside provided protective cases;
c. to return equipment by the agreed return deadline;
d. to assume responsibility for shipping costs where applicable;
e. to assume responsibility for damage resulting from improper transport or packaging.
Late returns shall incur a daily charge equal to ten percent (10%) of the rental value per day until equipment is returned.
8. Billing and Payment Terms
Payment terms shall be specified in the applicable quote or invoice.
Unless otherwise stated:
a. standard payment terms are Net 30;
b. Company reserves the right to require advance payment prior to delivery;
c. Company may require credit card authorization, ACH authorization, or security deposits prior to service;
d. Company reserves the right to verify Client identification prior to release of equipment.
A processing fee of four percent (4%) shall apply to credit card payments unless prohibited by law.
e. Past-due balances shall accrue interest at a rate of two and one-half percent (2.5%) per month or the maximum rate permitted by law.
f. Client agrees to pay all applicable taxes unless valid exemption documentation is provided prior to billing.
9. Collection Costs and Remedies
Company reserves the right to refer unpaid balances to collections.
Client agrees to be responsible for all costs associated with collection, including administrative costs, attorneys’ fees, court costs, and enforcement expenses.
10. Account Status and Credit Terms
If Client maintains an outstanding balance beyond invoice terms, Company may:
a. suspend discount eligibility;
b. require Cash on Delivery (COD) terms for future work;
c. suspend Services;
d. refuse future bookings until balances are resolved.
Normal account status may be reinstated once outstanding balances are paid in full.
11. Staffing, Labor, and Working Conditions
Where Company personnel are scheduled onsite:
Client agrees to provide:
a. a fifteen (15) minute rest break every two and one-half (2.5) hours worked;
b. a meal break after five (5) hours onsite.
If meals are not provided:
a. a one-hour unpaid walk-away meal break shall apply; or
b. a thirty (30) minute paid onsite meal break shall apply.
Client shall be responsible for parking fees, travel charges, and applicable per diem expenses where required. Per diem rates follow current U.S. General Services Administration (GSA) schedules.
12. Outdoor Event Requirements
For outdoor events, Client shall provide adequate protection for personnel and equipment from adverse weather conditions including rain, snow, hail, extreme heat, extreme cold, and high winds.
Client shall ensure continuous availability of drinking water for onsite personnel. Electrolyte replacement beverages may be required where environmental conditions warrant.
13. Lodging and Transportation Requirements
Client shall provide hotel accommodations and ground transportation where:
a. call times require early arrival;
b. multi-day staffing is required;
c. project location exceeds two (2) hours travel from Company’s servicing facility.
d. Hotel checkout shall occur the morning following completion of Services unless otherwise agreed in writing.
14. Security Deposits
Company reserves the right to require refundable security deposits prior to release of equipment or commencement of Services. Deposits may be applied toward unpaid balances, repair costs, replacement costs, or late return fees.
15. Taxes and Fees
Client agrees to pay all applicable federal, state, and local taxes unless a valid exemption certificate is provided prior to invoicing.
Client shall also be responsible for permitting fees, venue fees, insurance surcharges, or regulatory compliance costs required for project execution unless otherwise stated in writing.
16. Limitation of Liability
To the fullest extent permitted by law, Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to this Agreement or the Services provided.
Company’s total cumulative liability for any claim arising out of or related to this Agreement shall not exceed the total amount actually paid by Client for the specific Services giving rise to the claim.
Company shall not be responsible for delays, failures, or performance impacts caused by venues, third-party vendors, utilities, permitting authorities, artists, presenters, weather conditions, transportation interruptions, labor disputes, or other factors outside Company’s reasonable control.
17. Force Majeure
Company shall not be deemed in breach of this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, weather events, fire, flood, pandemic, government orders, labor disputes, transportation disruptions, equipment shortages, civil unrest, terrorism, war, venue closure, or failure of third-party suppliers.
Client shall remain responsible for Services already performed and expenses already incurred prior to suspension.
Company shall make reasonable efforts to reschedule Services where feasible.
18. Indemnification
Client agrees to defend, indemnify, and hold harmless Company and its officers, members, employees, contractors, agents, affiliates, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from:
a. misuse or improper handling of rented equipment;
b. breach of this Agreement;
c. failure to obtain required permits or approvals;
d. unsafe venue conditions not created by Company;
e. acts or omissions of Client’s employees, vendors, artists, presenters, contractors, or attendees;
f. failure to maintain required insurance coverage;
g. violations of applicable laws or regulations.
These obligations shall survive completion or termination of Services.
19. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland, without regard to conflict-of-law principles.
Notwithstanding the foregoing, if Services are performed pursuant to a contract with the District of Columbia government or a District of Columbia agency, or where applicable procurement regulations require otherwise, the laws of the District of Columbia shall govern to the extent required by such contract or regulations.
20. Severability
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
21. Entire Agreement
These Terms and Conditions constitute the entire agreement between Company and Client regarding the Services provided.
No modification of these Terms shall be valid unless made in writing and signed by authorized representatives of both parties.
