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.

1. Parties
For purposes of this Agreement, “Company” means Frosty Peaks LLC, its owners, officers, employees, agents, contractors, and representatives. “Customer” or “Renter” means the individual or entity booking the rental, as well as any person acting on Customer’s behalf, including event hosts, family members, staff, volunteers, guests, or any other person using or handling the equipment during the rental period.

2. Rental Equipment
This Agreement applies to all rented equipment and related items supplied by Company, including but not limited to:
Soft serve machines
Mix buckets
Mobile carts
Power cords and approved accessories
Any additional equipment, supplies, or accessories listed on the order, invoice, quote, delivery sheet, or rental confirmation

All equipment remains the sole property of Frosty Peaks LLC at all times.

3. Reservation, Payment, and Confirmation
A rental is not guaranteed until confirmed by Company. Full payment is due prior to delivery or pickup unless otherwise agreed in writing by Company. Company reserves the right to cancel, refuse delivery, or withhold release of any equipment if payment has not been received in full or if Customer is in breach of any portion of this Agreement.

4. Rental Period
The rental period begins immediately upon pickup by Customer or upon delivery to the event location, whichever occurs first, and ends only when all equipment has been returned to Company or physically collected by Company. Customer remains fully responsible for the equipment during the entire rental period, including overnight storage, event setup, event use, breakdown, and any delay in return or pickup.

Customer Responsibility for Equipment
Customer accepts full responsibility for the care, custody, control, and safekeeping of all rented equipment from the start of the rental period until the equipment is returned or collected. Customer agrees to:
Keep the equipment in a safe, secure, and protected location
Ensure the equipment is used only for its intended purpose
Follow all operating instructions provided by Company
Prevent misuse, abuse, neglect, tampering, or unauthorized relocation
Restrict operation of specialized equipment, including soft serve machines, to competent adults
Protect the equipment from theft, vandalism, weather exposure, power issues, and damage caused by guests, children, vendors, or third parties

Customer is responsible for all loss, theft, disappearance, damage, misuse, breakage, or destruction of the equipment, regardless of cause, other than direct damage solely caused by Company.

Inspection and Acceptance
Customer shall inspect the equipment upon delivery or pickup and shall be deemed to have accepted it as being in good working order, clean condition, and fit for its intended use unless Customer immediately notifies Company of a specific issue before use begins. Continued possession or use of the equipment constitutes full acceptance.

5. Operation of Equipment
Customer agrees that all equipment will be operated carefully and only in accordance with Company instructions. Customer shall not modify, disassemble, repair, relocate, overload, or misuse any rented item. Customer assumes full responsibility for any loss or damage arising from improper operation, unauthorized handling, or failure to follow Company instructions.

6. Soft Serve Machine Power Requirements
The soft serve machine requires a dedicated 20-amp, 110/115-volt electrical outlet. No other appliances, warmers, lighting, DJ equipment, or extension runs may share that circuit unless expressly approved by Company. Only heavy-duty extension cords approved by Frosty Peaks LLC may be used.

Customer is solely responsible for ensuring that the event location has the proper electrical service. Use of an improper outlet, insufficient amperage, low-voltage supply, overloaded circuit, generator incompatibility, unsafe extension cord setup, or any non-approved power source may result in machine malfunction, shutdown, damage, or permanent failure. Any damage caused directly or indirectly by improper power supply shall be the sole financial responsibility of Customer.

Location and Site Conditions
Customer is responsible for ensuring the setup area is safe, level, dry, shaded when necessary, accessible, and suitable for the equipment. Customer must provide adequate space and safe access for delivery, setup, and pickup. Company is not responsible for delays, service issues, or performance problems caused by unsafe, unsuitable, or inaccessible site conditions.

Weather and Outdoor Use
Customer acknowledges that rented equipment, especially electrical and food-service equipment, is sensitive to weather and environmental conditions. Equipment must be protected at all times from rain, standing water, excessive wind, mud, dust, direct sprinkler contact, direct prolonged sunlight, and extreme temperatures. The soft serve machine must not be used in wet conditions or in any manner that risks electrical hazard or equipment damage.

If weather or site conditions become unsafe, Company may require the equipment to be shut down, relocated, or removed. Customer remains fully liable for all weather-related or environmental damage occurring during the rental period.

Cleaning and Return Condition
Customer shall return all equipment in substantially the same condition in which it was delivered, ordinary wear excepted. Customer is responsible for reasonable basic cleaning, removal of product residue, emptying contents where applicable, and ensuring that accessories are gathered and ready for return.

If any equipment is returned excessively dirty, sticky, clogged, unsanitary, or otherwise requires abnormal cleaning, labor, sanitation, or restoration, Company may charge a cleaning fee. Minimum cleaning fees may include:

Soft serve machine or food-service equipment: $75 minimum
Heavily soiled accessories or carts: reasonable cleaning charge based on labor and materials
Severe neglect or product hardening inside equipment: actual labor and repair cost

Cleaning fees are in addition to any repair charges.

Damage, Loss, and Replacement Costs
Customer is financially liable for all damage, loss, theft, non-return, or destruction of equipment during the rental period. Company may charge Customer for repair or replacement costs, plus labor, transport, cleaning, administrative time, and loss of rental income where applicable.

Estimated replacement values include:

Soft Serve Machine: $2,200
Mobile Cart: $250
Mix Buckets: $25 each
Power Cord or Plug Damage: $50
Other accessories and components: actual replacement cost

These values are estimates only and do not limit Company’s right to recover the full actual cost of repair or replacement if the true cost is greater. If damaged equipment cannot be economically repaired, Customer shall be liable for full replacement value as determined by Company.

Unauthorized Repairs
Customer shall not attempt or authorize any repair, service, modification, or adjustment to the equipment without prior written approval from Company. Any unauthorized repair attempt shall be treated as misuse and may result in additional charges.

7. Late Returns and Failure to Make Equipment Available
All rented items must be returned, surrendered, or made available for pickup at the agreed date, time, and location. If Customer fails to return equipment on time or fails to make equipment accessible for scheduled pickup, Customer may be charged:
Additional rental fees
Additional pickup or trip fees
Labor charges
Costs arising from missed bookings or replacement rentals
Any damage resulting from delayed return

Retention of equipment beyond the agreed rental period without Company approval shall not create any ownership right or extension unless confirmed in writing.

8. Assumption of Risk
Customer knowingly assumes all risk arising from the delivery, setup, possession, handling, operation, and use of the rented equipment. Customer understands that event equipment may involve inherent risks, including electrical hazards, slipping hazards, food-related messes, moving equipment hazards, and injury caused by improper or unsupervised use.

9. Release and Indemnification
To the fullest extent permitted by law, Customer agrees to release, defend, indemnify, and hold harmless Frosty Peaks LLC and its owners, officers, employees, contractors, and agents from and against any and all claims, demands, suits, liabilities, damages, losses, fines, penalties, costs, and expenses, including reasonable attorney fees, arising out of or related to:
The rental, delivery, setup, operation, use, misuse, or possession of the equipment
Injury to persons or damage to property
Customer’s breach of this Agreement
Improper power supply, unsafe site conditions, weather exposure, or negligence by Customer or any third party
Any claim brought by guests, invitees, venue staff, vendors, or other persons present at the event

This indemnification obligation survives the return of the equipment.

10. No Warranty
Except as expressly stated in writing, all equipment is rented on an as-is basis. Company makes no warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. Company does not guarantee uninterrupted operation where performance is affected by weather, power supply, site conditions, operator error, misuse, or circumstances beyond Company’s control.

11. Equipment Failure and Limitation of Liability
If equipment fails due solely to a verified mechanical defect not caused by Customer, Company’s liability shall be limited to a reasonable repair effort, replacement with comparable equipment if available, or refund of the portion of the rental fee attributable to the affected equipment, at Company’s discretion. Under no circumstances shall Company be liable for consequential, incidental, special, or indirect damages, including loss of event revenue, lost business, emotional distress, inconvenience, spoiled food product, or dissatisfaction of guests.

12. Cancellations and Refunds
Cancellations made more than seven calendar days before the rental date shall receive a full refund, unless custom preparation, special ordering, or non-refundable services have already been incurred. Cancellations made within seven calendar days of the rental date shall be subject to a cancellation charge up to the full booking amount. No-shows, same-day cancellations, refusal of delivery, or inability of Customer to provide a suitable site or power source are non-refundable.

13. Force Majeure
Company shall not be liable for any delay, nonperformance, cancellation, or equipment issue caused by events beyond its reasonable control, including but not limited to severe weather, road closures, fire, flood, acts of God, power outages, accidents, labor shortages, supply interruptions, vehicle failure, governmental action, venue restrictions, or other emergencies.

14. Right to Refuse or Remove Equipment
Company reserves the right to refuse delivery, stop operation, or recover equipment without refund if Company determines that:
The site is unsafe or inaccessible
The power source is improper or hazardous
The equipment is being misused
Customer has breached this Agreement
Continued use may damage the equipment or endanger persons or property

15. Default and Collection Costs
If Customer fails to pay any amount due under this Agreement, Company may pursue all lawful remedies. Customer agrees to pay all collection costs, administrative expenses, court costs, and reasonable attorney fees incurred by Company in enforcing this Agreement.

16. Card on File / Charge Authorization
Customer authorizes Frosty Peaks LLC to charge the payment method on file for any unpaid balance, late fees, cleaning fees, damage charges, repair costs, replacement costs, missing item charges, additional rental fees, trip charges, collection-related costs, and any other amounts due under this Agreement, to the extent permitted by law. Customer agrees that Frosty Peaks LLC may process such charges without further notice when charges are supported by this Agreement or by the condition, late return, loss, misuse, or non-return of rental equipment.

If any charge is declined or disputed, Customer remains fully responsible for the amount due and agrees to pay all remaining balances immediately upon demand.

17. Photography and Condition Documentation
Customer agrees that Frosty Peaks LLC may photograph and/or video the rented equipment before delivery, at setup, during pickup, and upon return for the purpose of documenting equipment condition, cleanliness, completeness, damage, misuse, missing items, site conditions, and compliance with this Agreement. Such photographs or video may be used by Frosty Peaks LLC as supporting evidence in connection with cleaning fees, repair charges, replacement charges, disputes, chargebacks, insurance claims, or legal proceedings.

18. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to conflict of law principles. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the state courts located in Idaho, and Customer consents to such jurisdiction and venue.

19. Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement
These Terms and Conditions, together with any invoice, quote, reservation confirmation, delivery sheet, waiver, or related rental document issued by Company, constitute the entire agreement between the parties and supersede all prior verbal or written discussions, representations, or understandings.

21. Acceptance
By booking, paying for, accepting delivery of, picking up, or using any rental equipment from Frosty Peaks LLC, Customer acknowledges that Customer has read, understood, and agrees to be bound by these Terms and Conditions.

Frosty Peaks LLC
Phone: 208-614-4199
Email: [email protected]