Mobile Venue Unit Rental Terms and Conditions

These Terms and Conditions (the “Agreement”) is made by and between Cigarskey Lounge, LLC, (the “Company”), and the individual or entity agreeing to these terms (the “Customer”).

Rental of Mobile Venue Unit.

1.1. Mobile Venue Unit. The Company agrees to deliver to Customer, and later retrieve, a mobile venue unit (the “MVU”), more specifically, a retrofitted Airstream trailer configured for use as a lounge with seating and service areas. Photographs depicting the MVU are available on the Company’s website and are incorporated into this Agreement by reference.

1.2. Delivery and Pickup. Company will transport the MVU to the location designated by Customer (the “Premises”), detach and leave the MVU, and return to retrieve the MVU at the end of the rental period.

1.3. Rental Period. The specific duration of the rental period (the “Rental Period”) shall be defined during the reservation process. Company requires access to the Premises at lease two (2) hours prior to the start of the event for delivery, setup, and configuration. Final drop-off and pickup times will be determined by the Company once the reservation is made.

Payment and Cancellation.

2.1. Payment in Full. Customer shall pay the full rental fee in advance of delivery of the MVU to secure the reservation. Payment must be received and cleared by Company before Company is obligated to deliver the MVU to the Premises.

2.2. Generator. Use of an on-board generator is included in the rental fee if elected and requested by the Customer during the reservation process. If elected, Customer is responsible for providing and replenishing fuel and shall ensure the generator is operated safely and only by competent persons. Customer assumes all responsibility for damages or injuries resulting from generator use, except to the extent caused by Company’s gross negligence or willful misconduct.

2.3. Cancellations and Refunds. Customer may cancel the Rental Period by providing written notice to the Company. Refunds of the full rental fee shall be issued based on the following schedule:
• 30 days or more prior to the scheduled delivery date: 100% refund.
• 29 to 15 days prior to the scheduled delivery date: 50% refund.
• 14 to 7 days prior to the scheduled delivery date: 25% refund.
• Less than 7 days prior to the scheduled delivery date: No Refund.

Use of MVU.

3.1. Permitted Uses. Customer may use the MVU solely for private events during the Rental Period. Customer may engage licensed bartenders, servers, or attendants to serve alcohol or tobacco products.

3.2. Operational Restrictions. Customer shall not move, attempt to move, transport, or otherwise relocate the MVU under any circumstances. Customer may bring freestanding decorations to be set in place within or around the MVU, provided such items are not affixed, mounted, nailed, screwed, glued, taped, or otherwise attached to the interior or exterior of the MVU. Customer shall be fully responsible for any damage caused by decorations or other items placed in or around the MVU.

3.3. Alcohol and Tobacco Service. Customer acknowledges and agrees that Company does not sell, purchase, transport, or deliver any alcohol or tobacco products. Customer is solely responsible for procuring and providing any alcohol or tobacco to be used or consumed at the MVU and for complying with all applicable federal, state, and local laws, regulations, and licensing requirements, including, without limitation, the Texas Alcohol Beverage Code, Texas Alcohol Beverage Commission (TABC) regulations, and any applicable tobacco laws and ordinances. Customer shall ensure that only licensed bartenders or servers handle alcohol service and that all applicable age restrictions, health, and safety requirements are observed for both alcohol and tobacco use at the MVU.

3.4. Prohibited Uses. Customer shall not (i) permit unlawful activity in or around the MVU, (ii) sublease, re-rent, assign, transfer, or otherwise allow any third party to use or possess the MVU unless the Customer is physically present and immediately supervising such use. The Customer shall not allow the MVU to be used by any third party (including, but not limited to, a guest) in the Customer's absence; (iii) use the MVU for commercial purposes, including but not limited to charging admission or cover fees, selling tickets, or otherwise generating revenue; (iv) affix, modify, or alter the MVU; (v) bring or use decorations that are not freestanding or that cause damage to the MVU; (vi) allow minors to consume alcohol or tobacco; or (vii) move, attempt to move, transport, or otherwise relocate the MVU. Any violation of this Section shall constitute a material breach of this Agreement. Company may terminate this Agreement immediately, retain all payments, and pursue all available remedies, including recovery repair, replacement, or loss-of-use damages.

3.5. Media Release. Customer grants Company a non-exclusive, royalty-free, perpetual license to (i) capture photographs, video, and audio recordings of the MVU while stationed at the Premises (including during setup and following completion of setup); and (ii) use, publish, and display any such media, as well as any photographs or videos of the MVU at the event that are publicly posted or made available by the Customer or its guests, for Company’s marketing, promotional, and media purposes.

3.6. Trash and Cleanup. Customer shall remove all trash, debris, and personal items from the MVU prior to pickup. Customer shall also ensure that the MVU is returned in a sanitary and orderly condition, free of spills, stains or other damage. Company may, at its sole and absolute discretion, charge Customer for any cleanup or disposal costs incurred, which shall be in addition to any other remedies.

Customer Responsibilities and Liability.

4.1. Compliance. Customer is responsible for compliance with all laws, ordinances, permits, and regulations applicable to its use of the MVU, including alcohol- and tobacco-related requirements.

4.2. Premises Conditions. Customer shall provide a safe and lawful site for the MVU at the Premises, including adequate space, surface, and access for transport, parking, and removal. Any unauthorized attempt to move, transport, or tamper with the MVU may result in immediate damage, operational risk, or safety hazards, for which Customer shall be fully liable.

4.3. Care of MVU. Customer shall exercise reasonable and prudent care of the MVU, consistent with industry standards for similar mobile rental venues, and is responsible for any damage, loss, theft, destruction, vandalism, or misuse of the MVU, its fixtures, furnishings, or equipment, from delivery until pickup.

4.4. Repair and Replacement. Customer shall be fully responsible for all costs to repair or replace the MVU, the generator, or any part thereof, if damaged, lost, stolen, or destroyed while in the Customer’s possession, custody, or control, regardless of cause, except to the extent such damage results solely from Company’s gross negligence or willful misconduct. Customer shall be provided notice of any damages claimed, and payment shall be due within five (5) business days of invoice.

4.5. Loss of Use Liability. Customer acknowledges that if the MVU is rendered unusable due to Customer’s or its guests’ acts or omissions, including any unauthorized movement or tampering, Customer shall be responsible for a daily loss-of-use fee as detailed in Section 5. The loss-of-use period shall commence on the date the MVU is damaged or rendered unavailable and shall continue until the MVU is repaired, replaced, or otherwise restored to serviceable condition.

4.6. Insurance. Customer shall maintain general liability insurance or other coverage applicable to personal or organizational liability and property damage for the Rental Period and provide proof upon request. This section does not limit Customer’s indemnity obligations under Section 6.

Liquidated Damages.

5.1. Acknowledgement. The Parties acknowledge and agree that damages arising from Customer cancellations or from the MVU being rendered unusable are difficult to ascertain at the time of contracting.

5.2. Cancellation Damages. Retention of rental fees under the schedule in Section 2 constitutes liquidated damages that represent a reasonable estimate of Company’s losses and not a penalty.

5.3. Loss of Use. If the MVU is rendered unusable as described in Section 4, Customer shall be responsible for a daily loss-of-use fee equal to the standard daily rental rate for each day the MVU is unavailable. This fee constitutes liquidated damages and not a penalty.

5.4. Cumulative Remedies. These liquidated damages are in addition to any actual repair or replacement costs incurred by the Company and do not limit Customer’s liability for full restoration of the MVU or generator.

Indemnity; Waiver; Release.

6.1. Indemnity. Customer shall indemnify, defend, and hold harmless Company, its members, managers, employees, and contractors from and against all claims, demands, actions, liabilities, losses, damages, fines, penalties, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to Customer’s use or misuse of the MVU, arising out of Customer’s use of the MVU or failure to comply with laws.

6.2. Waiver and Assumption of Risk. Customer acknowledges inherent risks, including risks associated with alcohol consumption, tobacco use, smoking, and operation of temporary structures. Customer knowingly and voluntarily assumes all such risks.

6.3. Release. Customer hereby releases Company from any and all claims arising from the inherent risks of MVU use, except for Company’s gross or willful misconduct.

General Terms.

a. Force Majeure

Company shall not be liable for any delay, failure to deliver, or inability to perform due to causes beyond its reasonable control, including but not limited to, acts of God, natural disasters, including but not limited to floods, storms, hurricanes, earthquakes, and fires, pandemics, epidemics, war, terrorism, civil unrest, vehicle breakdowns, road closures, traffic delays or accidents, strikes, labor disputes, accidents, supply chain disruptions, governmental actions, including tariffs not in place at time of contracting, or any other event or circumstance outside Company’s control (“Force Majeure Events”). In the event of a Force Majeure Event, Company may, in its sole discretion, reschedule delivery or pickup of the MVU to a mutually agreeable time, cancel the rental and refund any amounts paid for the Rental Period minus any reasonable expenses already incurred, or take any other reasonable action necessary to mitigate loss or risk. Customer acknowledges that weather and transportation conditions are inherently unpredictable and agrees that Company shall have no liability for any direct or indirect damages, lost profits, or other losses resulting from delays, rescheduling, or cancellations caused by Force Majeure Events.

b. Representations and Warranties.

Each party represents and warrants that it has full power and authority to enter into this Agreement, and no party is relying upon any representation not expressly stated in this Agreement.

c. Binding.

This Agreement shall be binding on and inure to the benefit of the Company, Customer, and their respective successors and permitted assigns.

d. Counterparts and E-Signatures.

This Agreement may be executed in counterparts and also by electronic signatures or digital acceptance (including “click-to-agree” website functionality), which shall be deemed an original and binding signature.

e. No Waivers.

No waiver of any breach of any of the terms of this Agreement shall be effective unless in writing and signed by the party against whom the waiver operates.

f. Governing Law and Venue.

his Agreement shall be governed by the laws of the State of Texas, without regard to conflict of laws principles. Venue of any dispute arising out of or concerning this Agreement shall be mandatory and exclusive in the State District Courts of Collin County, Texas, and the Parties consent to personal jurisdiction and venue therein.

g. Attorneys’ Fees.

If litigation results from or arises out of this Agreement, the prevailing party shall be entitled to recover reasonable and necessary attorneys’ fees, expenses, and costs of court.

h. Severability.

If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, provided that the fundamental purpose of this Agreement is not destroyed thereby.