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Terms and Conditions
Frosty Peaks LLC – Rental Terms & Conditions
These Terms and Conditions govern all rentals provided by Frosty Peaks LLC, including but not limited to soft serve machines, mix buckets, carts, power cords, extension cords, serving accessories, and any other items rented, delivered, or supplied by Frosty Peaks LLC. By placing an order, making payment, accepting delivery, or taking possession of any rental equipment, the Customer agrees to be bound by these Terms and Conditions.
RENTAL TERMS AND CONDITIONS
Effective Date: 12/31/25
These Rental Terms and Conditions ("Agreement") govern all rentals, deliveries, products, services, equipment, and accessories provided by Frosty Peaks LLC ("Frosty Peaks," "Company," "we," "our," or "us"). By placing an order, paying a deposit, making payment, signing a quote, accepting delivery, taking possession of Equipment, or allowing Equipment to be used, Customer agrees to be bound by this Agreement.
1. PARTIES
"Customer," "Renter," "Lessee," or "You" means the individual or entity renting Equipment from Frosty Peaks LLC and any family members, guests, invitees, employees, volunteers, venue staff, vendors, contractors, agents, or any other person using, handling, possessing, transporting, operating, or controlling the Equipment.
2. EQUIPMENT COVERED
This Agreement applies to all Equipment supplied by Frosty Peaks LLC, including but not limited to:
• Soft Serve Machines
• Margarita Machines
• Frozen Drink Machines
• Snow Cone Machines
• Mobile Carts
• Tables
• Chairs
• Cocktail Tables
• Round Tables
• Rectangular Tables
• Wine Barrels
• Wine Barrel Bars
• Canopies
• Tent Sidewalls
• Yard Games
• Frosty Fairway Games
• Connect Four Games
• Cold Spark Machines
• Lighting Equipment
• Extension Cords
• Power Cords
• Accessories
• Supplies
• Consumable Products
• Future Inventory
All Equipment remains the sole property of Frosty Peaks LLC.
3. RESERVATIONS, DEPOSITS, AND PAYMENT
No Equipment is reserved until accepted by Frosty Peaks LLC.
Unless otherwise agreed in writing:
• A deposit may be required to reserve Equipment.
• Full payment is due no later than seven (7) days before the event date.
• Deposits may be non-refundable.
• Frosty Peaks may cancel reservations or refuse delivery for non-payment.
Rental fees are earned upon reservation of inventory and removal of Equipment from availability to other customers.
Any deposit paid shall not limit Customer's liability under this Agreement.
4. RENTAL PERIOD
The rental period begins immediately upon:
• Delivery by Frosty Peaks LLC; or
• Pickup by Customer,
whichever occurs first.
The rental period ends only when Equipment has been physically returned to or recovered by Frosty Peaks LLC.
Customer assumes exclusive care, custody, possession, and control of Equipment during the rental period.
5. SITE CONDITIONS
Customer shall ensure the event site is:
• Safe
• Accessible
• Clean
• Level
• Suitable for Equipment use
• Accessible for delivery and pickup vehicles
Customer is responsible for obtaining any required venue approvals, permits, permissions, or authorizations.
Additional labor, waiting time, delivery fees, or return trip fees may be charged if Equipment cannot be delivered or retrieved due to site conditions.
6. ACCEPTANCE OF EQUIPMENT
Customer acknowledges that Equipment is received in good working order and condition unless a defect is reported immediately upon delivery or pickup.
Continued possession or use constitutes acceptance of Equipment.
7. CUSTOMER RESPONSIBILITIES
Customer agrees to:
• Protect Equipment from theft, vandalism, weather, misuse, abuse, and damage.
• Use Equipment only for its intended purpose.
• Restrict operation of specialized Equipment to competent adults.
• Keep Equipment at the approved location.
• Follow all instructions provided by Frosty Peaks LLC.
• Supervise children around Equipment at all times.
Customer shall not:
• Move Equipment without approval.
• Repair Equipment.
• Modify Equipment.
• Disassemble Equipment.
• Loan or sublease Equipment.
• Transfer possession to another person.
8. TABLES, CHAIRS, WINE BARRELS, BARS, AND EVENT FURNITURE
Customer acknowledges that tables, chairs, cocktail tables, wine barrels, bars, and event furniture may tip, collapse, shift, or cause injury if improperly used.
Customer agrees:
• Not to stand on tables or chairs.
• Not to sit on table surfaces.
• Not to overload furniture.
• Not to drag furniture across rough surfaces.
• To supervise children around Equipment.
Customer assumes all liability arising from misuse.
9. CANOPIES, TENTS, AND SHADE STRUCTURES
Customer acknowledges that canopies and temporary structures may become dangerous during adverse weather conditions.
Customer agrees:
• To immediately evacuate any canopy during dangerous weather.
• To evacuate canopies if sustained winds exceed 25 mph.
• Not to alter anchoring systems.
• Not to attach decorations, speakers, lighting, heaters, fans, or signs without approval.
• To immediately notify Frosty Peaks if any canopy becomes unstable or damaged.
Customer assumes all risks associated with weather-related incidents occurring during the rental period.
10. YARD GAMES
Customer acknowledges that yard games may create tripping hazards and risks of bodily injury.
Customer agrees:
• To supervise children.
• To use games only as intended.
• To prevent climbing, throwing, or misuse.
Customer assumes all risks associated with yard game use.
11. COLD SPARK MACHINES
Customer acknowledges that cold spark machines require responsible operation.
Customer agrees:
• To follow all operating instructions.
• To maintain proper safety clearances.
• To prevent unauthorized operation.
• To comply with venue rules and regulations.
Customer assumes all liability for property damage, alarm activation, venue fines, fire suppression charges, or injury claims arising from use of cold spark equipment.
12. FOOD AND BEVERAGE EQUIPMENT
This section applies to soft serve machines, margarita machines, snow cone machines, frozen beverage machines, and related accessories.
Customer agrees to:
• Provide proper electrical service.
• Protect Equipment from weather.
• Operate Equipment only as instructed.
• Maintain sanitary conditions.
Customer assumes all responsibility for:
• Improper power supply.
• Generator issues.
• Operator error.
• Product spoilage.
• Product consistency.
• Customer-supplied ingredients.
Frosty Peaks LLC shall not be liable for product spoilage, melting, serving speed, power interruptions, or guest consumption rates.
13. WEATHER POLICY
Customer understands that weather is an inherent risk of outdoor events.
Rental fees shall not be refunded, reduced, prorated, or credited due to:
• Rain
• Wind
• Snow
• Smoke
• Heat
• Cold
• Venue restrictions
• Event cancellation
• Reduced attendance
• Acts of God
• Power outages
• Circumstances beyond Frosty Peaks LLC's control
14. CLEANING REQUIREMENTS
Equipment shall be returned in substantially the same condition as delivered.
Minimum cleaning fees may include:
• Food-service equipment: $75 minimum
• Mud removal: actual labor cost
• Wax, tape, paint, glue, gum, glitter, confetti, or adhesive removal: actual labor cost
Customer shall be liable for mold, mildew, staining, rust, or deterioration resulting from improper storage.
15. DAMAGE, LOSS, THEFT, AND REPLACEMENT VALUES
Customer is responsible for all loss, theft, disappearance, vandalism, misuse, destruction, or damage occurring during the rental period.
Estimated Replacement Values
| Equipment | Replacement Value |
|---|---|
| Soft Serve Machine | $2,200 each |
| Soft Serve Machine Lid | $18 each |
| Mobile Cart | $250 each |
| Mix Bucket | $25 each |
| Power Cord or Plug | $50 each |
| Wine Barrel | $125 each |
| Wine Barrel Bar | $350 each |
| Single Hopper Margarita Machine | $950 each |
| Double Hopper Margarita Machine | $1,250 each |
| 20x40 Canopy | $3,600 each |
| 20x20 Canopy | $1,800 each |
| 10x20 Canopy | $650 each |
| Tent Sidewall Panel | $450 each |
| Folding Chair | $15 each |
| 4' Round Table | $95 each |
| 5' Round Table | $110 each |
| 6' Rectangle Table | $90 each |
| 8' Rectangle Table | $110 each |
| Cocktail Table | $55 each |
| Frosty Fairway Game | $650 each |
| Connect Four Game | $65 each |
| Golf Club | $25 each |
| Cold Spark Machine | $350 each |
| Cold Spark Machine Cord | $24 each |
Customer shall also be responsible for:
• Repair costs
• Labor costs
• Transportation costs
• Administrative costs
• Collection costs
• Attorney fees where permitted by law
• Loss of rental income
If Equipment cannot be economically repaired, Customer shall pay the listed replacement value or actual replacement cost, whichever is greater.
16. INVENTORY VERIFICATION
Customer agrees that inventory counts performed by Frosty Peaks LLC during delivery, pickup, warehouse inspection, or post-event verification shall be presumed accurate unless Customer provides clear evidence to the contrary.
Missing items discovered during post-event inventory verification may be charged at the replacement values listed herein.
17. LATE RETURNS
Equipment not returned or made available for pickup at the agreed time may result in:
• Additional rental charges
• Additional labor charges
• Additional delivery or trip charges
• Loss of rental revenue charges
Each additional rental period shall be billed as a full rental period.
18. EQUIPMENT FAILURE
If Equipment experiences a verified mechanical failure not caused by Customer, Frosty Peaks LLC may, at its sole option:
• Repair the Equipment
• Replace the Equipment
• Refund the rental fee attributable to the affected Equipment
These remedies are Customer's sole and exclusive remedies.
19. ASSUMPTION OF RISK
Customer knowingly assumes all risks associated with delivery, setup, operation, possession, transportation, storage, and use of Equipment.
20. RELEASE AND INDEMNIFICATION
Customer agrees to release, indemnify, defend, and hold harmless Frosty Peaks LLC and its owners, employees, contractors, agents, representatives, successors, and assigns from any claims, damages, losses, liabilities, fines, penalties, costs, or attorney fees arising from:
• Equipment rental or use
• Property damage
• Personal injury
• Site conditions
• Weather incidents
• Customer negligence
• Acts or omissions of guests, vendors, venue personnel, or third parties
This obligation survives the return of Equipment.
21. NO WARRANTIES
All Equipment is rented AS-IS.
Frosty Peaks LLC disclaims all express and implied warranties including merchantability, fitness for a particular purpose, and uninterrupted operation.
22. LIMITATION OF LIABILITY
Under no circumstances shall Frosty Peaks LLC be liable for:
• Lost profits
• Lost revenue
• Event interruption
• Wedding expenses
• Venue expenses
• Third-party vendor claims
• Spoiled product
• Guest dissatisfaction
• Emotional distress
• Consequential damages
• Incidental damages
Maximum liability shall never exceed the rental amount paid.
23. CANCELLATIONS
More than seven (7) days before the event:
• Full refund
Within seven (7) days of the event:
• Up to 100% cancellation charge
No-shows, refusal of delivery, inaccessible sites, improper power supply, or customer-caused cancellations are non-refundable.
24. FORCE MAJEURE
Frosty Peaks LLC shall not be liable for delays, cancellations, equipment issues, or nonperformance caused by events beyond its reasonable control, including severe weather, fire, flood, power outages, road closures, labor shortages, vehicle breakdowns, supply chain disruptions, governmental actions, venue restrictions, or other emergencies.
25. RIGHT TO RECOVER EQUIPMENT
Frosty Peaks LLC may immediately suspend operation, disable, remove, or recover Equipment if:
• Equipment is being misused
• Site conditions become unsafe
• Customer breaches this Agreement
• Continued use threatens Equipment or persons
No refund shall be required.
26. PAYMENT AUTHORIZATION AND CHARGEBACKS
Customer authorizes Frosty Peaks LLC to charge any payment method on file for valid amounts due under this Agreement.
Customer agrees not to initiate chargebacks for valid charges.
If Frosty Peaks LLC prevails in a chargeback dispute, Customer shall be responsible for all associated fees, attorney fees, court costs, collection costs, and administrative expenses.
27. PHOTOGRAPHY, VIDEO, AND MARKETING USE
Customer agrees that Frosty Peaks LLC may photograph and video Equipment before delivery, during setup, during the event, during pickup, and upon return.
Such images may be used for:
• Condition documentation
• Damage claims
• Insurance claims
• Chargebacks
• Legal proceedings
• Marketing
• Social media
• Website content
• Advertising
provided Frosty Peaks LLC does not intentionally disclose sensitive personal information.
28. VENUE DAMAGE
Customer shall be responsible for any damage caused by Equipment, guests, vendors, or event activities to:
• Buildings
• Flooring
• Concrete
• Asphalt
• Landscaping
• Irrigation systems
• Utilities
• Structures
• Other property not owned by Frosty Peaks LLC
29. ABANDONED PROPERTY AND FAILURE TO RETURN EQUIPMENT
Any personal property left with rented Equipment may be deemed abandoned and may be discarded, stored, donated, or disposed of without liability.
Failure to return rented Equipment may be considered theft and may be referred to law enforcement pursuant to applicable Idaho law.
30. DEFAULT, COLLECTION COSTS, AND ATTORNEY FEES
Customer agrees to pay all costs incurred by Frosty Peaks LLC in enforcing this Agreement, including:
• Attorney fees
• Court costs
• Collection fees
• Administrative expenses
• Expert witness fees
31. GOVERNING LAW, VENUE, SEVERABILITY, AND ENTIRE AGREEMENT
This Agreement shall be governed by the laws of the State of Idaho.
Any legal action shall be brought exclusively in Ada County, Idaho.
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement, together with any invoice, quote, reservation, waiver, delivery sheet, rental confirmation, or related document issued by Frosty Peaks LLC, constitutes the entire agreement between the parties.
ACCEPTANCE
By booking, paying for, accepting delivery of, taking possession of, or using Equipment supplied by Frosty Peaks LLC, Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
FROSTY PEAKS LLC
208-614-4199
[email protected]
