Terms & Conditions

Effective Date: 2025-01-01
Last Updated: (v1) 2025-01-01

Welcome to the Vibe Events & Rentals LLC d.b.a Vibe (“Vibe,” “we,” “us,” or “our”) website. These Terms and Conditions (“Terms”) govern your access to and use of our website thatsmyvibe.com (the “Website”) and the rental services offered through the Website (the “Services”). Please read these Terms carefully before using the Website or Services.

By accessing or using the Website or Services, you (“you,” “your,” or “User”) agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Website or Services.

1. DESCRIPTION OF SERVICES

Vibe provides an online platform through its Website where Users can browse, select, and rent event-related items (“Rental Items”). The specific Rental Items available, rental fees, and other details are described on the individual product pages and summarized in the online shopping cart (“Invoice”).

2. FORCE MAJEURE

Vibe shall not be liable for any failure or delay in performing its obligations under these Terms due to any of the following causes, to the extent beyond Vibe’s reasonable control: acts of God, accident, riots, war, invasion, terrorist act, embargo, or other hostility (whether declared or not), epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, natural catastrophes, governmental acts or omissions and shutdown orders, changes in laws or regulations, national strikes, fire, or explosion.

3. PAYMENT

Rental Fees: The total rental fee (“Rental Fee”) for the Rental Items is displayed on the Invoice.
Deposit: A non-refundable deposit of 50% of the total Rental Fee is required to secure your order. This deposit is due at the time of booking.
Remaining Balance: The remaining balance of the Rental Fee is due fourteen (14) days before your event date.
Late Payment: Failure to pay the remaining balance by the due date will result in a late fee of 1.5% of the outstanding amount per day.
Payment Methods: Vibe accepts payments via cash, check, credit/debit card through the link provided in the electronic Invoice, or Venmo.
Cancellation Policy:
Cancellations made 30 days or more before the event date: The 50% deposit is non-refundable.
Cancellations made less than 30 days before the event date: The full Rental Fee is non-refundable.
In no event shall the total Rental Fee decrease by more than twenty percent (20%) of the total Rental Fee stated in the Invoice (as indicated in any subsequent amended Invoice).
There will be no refunds for cancellations of Rental Items made less than fourteen (14) days prior to the Event Date.
Should Client’s event be postponed for any reason other than a force majeure event as specified in Section 3 herein, Provider may, at its discretion, negotiate with Client to attempt to reschedule the Rental Items. Still, there is no guarantee that the identical items will be available or that Provider will accommodate rescheduling.
Returned Checks: Returned checks will be subject to a fifty-dollar ($50.00) fee.
Collection Costs: You agree to pay all costs of collection, including court costs and attorney’s fees, incurred by Vibe in connection with collecting any past due Rental Fees or otherwise enforcing its rights under these Terms.

4. EXPENSE REIMBURSEMENT

Any shipping or delivery expenses agreed upon will be included in the Invoice.

5. SUBSTITUTION

Vibe deals in unique and sometimes vintage items. Occasionally, the need arises to substitute Rental Items with similar items due to damage, safety concerns, or other causes. Vibe reserves the right to make reasonable, like-kind substitutions when necessary and will inform you of such substitutions prior to the event when possible. If the Rental Fee for the substituted item(s) is less than the Rental Fee for the originally selected item(s), Vibe will refund you the price difference. If no substitution is available, the Rental Fee for the affected item(s) will be refunded.

6. DELIVERY, DAMAGE, AND USE OF RENTAL ITEMS

Delivery and Pickup: Vibe will deliver the Vibe Rental Items to the event location specified in your order and will pick up the Rental Items after the event, on the agreed-upon dates and times. You are responsible for ensuring reasonable access to the event location for delivery and pickup.
Inspection: You are responsible for inspecting the Rental Items upon delivery. If you discover any damage, you must notify Vibe immediately.
Condition: You agree to return all Rental Items to Vibe in the same condition as when delivered, subject only to reasonable wear and tear.
Damage or Loss: You are responsible for any damage to or loss of the Rental Items during the rental period, except for reasonable wear and tear. Replacement costs for damaged or lost items will be invoiced to you. Damage Report
Use: Rental Items are for your exclusive use at the designated event location. You may not sublet, assign, or remove the Rental Items from the location without Vibe’s prior written consent.

7. RETAKING OF EQUIPMENT

If Client fails to return items by the date specified in the Agreement, to pay within terms or provide adequate protection from loss or damage, as determined by Provider, Client agrees that Provider and its agents may take all action reasonably necessary to retake the rented items without prior notice or legal process.

8. RENTAL PERIOD

Rental begins when Rental Items are delivered to Client and continues until Rental Items are picked up by Provider or returned to a location designated by Provider. Any allowance made for holidays, time in transit, or any period of time the equipment may not be in actual use while in Client’s possession will be submitted in writing and mutually agreed upon by the Parties prior to the Rental Period.

9. USER ACCOUNT

You may be required to create an account to access certain features of the Website or Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Vibe immediately of any unauthorized use of your account.

10. WEBSITE CONTENT

All content on the Website, including text, images, graphics, logos, and other materials, is the property of Vibe or its licensors and is protected by copyright and other intellectual property laws. You may not use, reproduce, distribute, or modify any content from the Website without Vibe’s prior written consent.

11. DISCLAIMER OF WARRANTIES

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VIBE DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF VIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIBE’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF RENTAL FEES PAID BY YOU TO VIBE.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vibe and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website or Services, your violation of these Terms, or your violation of any rights of another.

14. MEDIA RELEASE

By using our services, you grant Vibe the perpetual right to use your name, event images, and any feedback you provide in any and all media for promotional and marketing purposes. You waive any right to payment or royalties for such use and release Vibe from any claims related to this authorization. You also agree to allow us to use any positive comments or testimonials you provide in our marketing materials.

15. CONFIDENTIALITY
Vibe agrees to keep all non-public information about your event confidential and will not disclose it to third parties without your consent, except as required by law.

16. NON-DISPARAGEMENT

You agree not to make any negative or disparaging statements about Vibe, its employees, or its services, whether publicly or privately. This includes online reviews, social media posts, and any other form of communication. If Client refuses to remove offending content after receiving a request from Provider to do so, Client agrees that he/she shall immediately pay $500 as liquidated damages, representing a fair estimate (and not punishment) of damage done to Provider.

17. TERMINATION

Vibe may terminate your access to the Website or Services at any time, for any reason, without notice.

18. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.

19. DISPUTE RESOLUTION

Any disputes arising out of or related to these Terms or your use of the Website or Services shall be resolved through binding arbitration in King County, Washington, in accordance with the rules of the American Arbitration Association.

20. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any Invoices, constitute the entire agreement between you and Vibe regarding your use of the Website and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

21. CHANGES TO TERMS

Vibe reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website or Services after the posting of revised Terms constitutes your agreement to the revised Terms.

22. CONTACT US

If you have any questions about these Terms, please contact us at:

Vibe Events & Rentals LLC
[email protected]

23. RESPONSIBILITY

If the Client has a person acting on their behalf (i.e. Event facility representative, family member, event planner or other agent) that signs for the rental items on the delivery, the Client and the signatory acting on the Client’s behalf, both are contractually responsible for payment and damages or shortages.

24. ASSUMPTION OF RISK

Client and related parties/participants expressly assume any risk of Services and related activities as described herein.

25. COOPERATION

Client agrees to cooperate fully and respectfully with Provider, and Client shall be responsible for ensuring Client’s guest cooperates fully and respectfully with Provider. In the event Client fails to cooperate fully and respectfully with Provider, all further obligations of Provider under this Agreement are terminated and Provider may retain all payments made by Client.

26. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.

27. ATTORNEY FEES

In the event a lawsuit is filed to enforce the terms of this Agreement, Provider and Client agree that after a judgment is entered in such a lawsuit, the losing party shall reimburse the winning party for all of the winning party’s attorney fees and costs incurred in, including attorney fees and costs spent pre-trial, trial, and through any appeals.

28. NOTICE

Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

29. WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

30. LEGAL AND BINDING AGREEMENT

This Agreement is legal and binding between the Parties in the State of Washington, and each Party represents that they have the authority to enter into this Agreement.