ARTICLE 1: Introductions
Erin Rose Photography LLC provides an inventory of clean, fashionable, and previously worn maternity gowns for your use (the “Gown”). Use of any rental services, Gown or information offered by Erin Rose Photography LLC (the “Services”), is governed by the following terms (the “Agreement”). By using the Services you (‘you” or “Renter”) consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Services. All use by you of the Services is governed by this Agreement.
Please read the Agreement carefully, because it is a legal contract and imposes obligations on you as a user of the Services.
BEFORE CLICKING ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BOX, YOU WILL BE BOUND BY THIS AGREEMENT, AND YOU SIGNIFY YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO AGREE THAT YOU ARE EITHER EIGHTEEN YEARS OF AGE OR HAVE THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN. BY CLICKING THE “I ACCEPT” BOX, YOU FURTHER AGREE THAT YOU HAVE OR WILL REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SERVICES.
ARTICLE 2: Rental
You agree that you are renting the Gown and that Erin Rose Photography LLC retains all ownership in the Gown. You agree to pay the rental fee set forth on the website and other fees, damages, taxes, and costs including but not limited to late fees or liquidated damages. We charge your credit card at the time of the rental reservation for the rental amount, a refundable damage deposit, and taxes set forth by Charleston, SC. You may cancel a reservation up to 24 hours after placing your order. If you cancel after that time, only the damage deposit will be refunded and the rental cost will be held for a future rental dated within the same fiscal year. It is your responsibility to inspect the Gown upon pick up and confirm that you received the Gown you ordered and is without rips, tears and stains. In the event you receive a Gown that is not the Gown you ordered, you should contact Erin Rose Photography LLC immediately and return the Gown within 24 hours once one of our customer service representatives confirms the incorrect Gown was indeed received. Erin Rose Photography LLC will deliver a Gown that is the one you requested if available (or one similar to it if it is not available.)
Upon delivery, use of the Gown is at Renter’s risk. Renter assumes sole responsibility for the Gown while in Renter’s possession. Renter shall be liable for any loss, theft, damage, staining or destruction of the Gown while in possession of the Gown, in addition to any charges incurred for the rental of the Gown. For hygienic reasons, please wear underwear while wearing all Gowns. PRO TAN OR ANY SIMILAR PERMANENT TANNING PRODUCTS ARE NOT PERMITTED. Damages will result in additional fees or the cost of replacement of the Gown. Professional cleaning is included in the rental price IF the Gown has not been used in a wet or damp environment and no additional cleaning charge will be assessed unless the Gown is returned damaged. If the Gown was used in water or sand the Gown MUST be professionally dry-cleaned or washed and dried on delicate in a mesh laundry bag before return to avoid any mold or damage to the Gown. If the Gown is returned damp, wet or sandy the damage deposit will not be refunded. Renter must return all rented Gowns in the condition in which it was delivered to Renter. Should organic debris be found on the Gown, an excessive cleaning fee of $20 will be applied. If there is a spill or stain, please do your best to stop the stains from setting. If there are small rips or other minor repairs, Renter will be charged a repair fee IF reparable and it's not a noticeable section of the Gown. Damage to the Gown that cannot be repaired, (for example: puncture holes due to high-heels, stains that are not removed, etc) or the Gown is lost, will require Renter to pay for the cost of a new garment which has been charged at the initial rental as the damage deposit. You agree to allow Erin Rose Photography LLC to use the credit card at the time of purchase to cover any repairs, damages, replacement of a Gown and/or late fees associated with your rental of the Gown at the time of the return of the Gown. Gowns not returned with their garment bag will be charged a $10 replacement fee. If the Gown you rented is returned in a timely manner and there is no cause for further charges as set forth in this Agreement, Erin Rose Photography LLC will not charge your credit card beyond the amount collected at the time of the rental.
ARTICLE 3: Rental Process
Gowns may be picked up locally to Charleston, SC or may be shipped to US via USPS Flat Rate First Class. Gown pickups are to be scheduled Monday through Thursday prior to the scheduled session date with your client. The pick up location is: Charleston, SC 29414 or close. You will receive a clean, thoroughly inspected Gown from Erin Rose Photography LLC on or before the date you have requested. The Gowns are previously worn and some signs of use should be expected. Along with the Gown, you will receive a garment bag for the Gown and a cleaning and care guide for the gown you have rented. You have five days from the requested start date to have the Gown returned Erin Rose Photography LLC. If requesting shipping your package will be shipped prior to your session date and will include a return shipping label for the return of the gown after use. Gowns must be post marked 5 days after receipt to avoid late fees. Please note that if you are requesting your dress shipped to and from you must add $15 to the rental price to account for round-trip shipping costs.
ARTICLE 4: Late Fees
We take pride in providing the best quality service to our customers, which begins with an on-time delivery and return. When a Gown is not returned on time by the Renter, it impacts us to fulfill our promises to our other customers which harms our business. We expect Renters to return the Gowns by their end date to ensure we can deliver to our future customers on time as well. Late fees are $35 per day per rental item and can accumulate up to 100% of the purchasing price of each garment. A Rental agreement can be extended if the Gown has not been promised to another renter if 48 hour notice is given.
ARTICLE 5: Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Erin Rose Photography LLC OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF, OR THE INABILITY TO USE, THE CONTENT OR SERVICES, EVEN IF Erin Rose Photography LLC OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Erin Rose Photography LLC’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE GOWN EXCEED THE AMOUNT PAID BY YOU TO Erin Rose Photography LLC FOR THE GOWN. BY USING THE SERVICES, YOU AGREE THAT THE SERVICES, INCLUDING THE GOWNS, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED BY Erin Rose Photography LLC AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 6: Indemnification
Renter agrees to defend, indemnify and hold harmless Erin Rose Photography LLC and its owners, officers, shareholders, operators, agents and employees (each individually, an “Indemnitee”) from all actions, suits, claims, demands, and proceedings (“Claims”), and any judgments, damages, losses, debts, liabilities, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs of court) resulting therefrom whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any cause whatsoever brought or commenced by any person or entity against any Indemnitee for the recovery of damages for the injury, illness and/or death of any person, or loss or damage of property arising out of or alleged to have arisen out of the use of the Gown rented by Renter.
ARTICLE 7: Miscellaneous
This Agreement contains the complete expression of the agreement between the parties with respect to the matters herein and there are no promises, representations, or inducements except as herein provided. The terms and provisions of this Agreement may not be modified, supplemented or amended by you. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by your successors and permitted assigns. No transfer of any right or interest of Renter under this Agreement, in whole or in part (whether voluntarily or by operation of law), directly, indirectly or contingently, shall be permitted without the prior written consent of Renter. Erin Rose Photography LLC may assign this Agreement without the consent of Renter. Failure by either party hereto to enforce at any time or for any period of time any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce each and every such provision. Erin Rose Photography LLC shall not be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to an act of God, an act of war, riot, an epidemic, fire, flood or other disaster, an act of government, or a strike or lockout. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of South Carolina, shall be the only proper place of venue for all suits arising from or related to this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought in the federal or state courts located in Charleston, South Carolina.
ARTICLE 8: Payment
All rental fees due from the Renter must be PAID IN FULL AT TIME OF RESERVATION to hold the Gown for Renter's event dates. The Gowns are not considered reserved until full payment is made and if payment is not received in 24 hours of invoicing, the reservation will be cancelled and the Gowns may become unavailable. Renter will pay a $70 refundable damage deposit for each gown that would help to replace the gown should any damage or loss occur. Any late return fees or damage fees will be automatically subtracted from the damage deposit. Refundable amounts will be paid within 3 days from return of Gowns.
The rental fee (“Rental Fee”) for the Gown(s) are based on the Gown and are listed on the website. When you place your rental order for a Gown, you hereby authorize Erin Rose Photography LLC to charge your payment card for each Rental Fee and Damage Deposit plus applicable taxes. Erin Rose Photography LLC will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved.
Personal Note in Conclusion from Erin:
Please treat the Gowns with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Gowns due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, small rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that Erin Rose Photography LLC will charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Gown.