Sample for reference: the kind of agreement we sign for a rental. Names, dates and amounts are illustrative, and every booking gets its own agreement. Not legal advice.

Art Installation Rental Agreement

Agreement reference: DN-2027-014 (sample)
Installation: The Arch
Event: Final Fest, Friday 13 to Sunday 15 August 2027

1. The parties

Day and Night Art ("we", "us"), the owner and operator of the installation.

Final Fest ("you", "the Festival"), the organiser of the event, represented by its producer named in the signatures below.

Notice under this agreement may be given by email to the addresses each party gives at signing. Either party may change its address by written notice.

2. The event

If the placement moves on the site, this agreement continues to apply provided the new placement meets the site needs in section 5. A move to another site is treated as a change under section 13.

3. The installation

The Arch: an illuminated timber arch on a raised round platform, about 12 ft tall and 10 ft wide on an 8 x 12 ft platform, roughly 800 lb in modular sections. LED lighting in the ribs and platform edge draws under 500 W on one 120 V circuit. It is single-level and self-supporting, with no suspended elements, and is staked or ballasted to the site's wind exposure. It has not been reviewed or stamped by a professional engineer.

The Arch stays our property throughout. Nothing in this agreement sells or transfers it to you. It is re-themed for Final Fest (skins, signage and lighting program) as set out in Quote DN-2027-014.

4. What this agreement covers

Complete service: the art rental, delivery, installation, operation and teardown.

• Delivery from Squamish, BC, by utility trailer or cube van, and return.
• Installation by our crew of two to three, hand tools only, about three hours.
• Operation by our attendant during operating hours: welcoming people up, managing how many are on the platform, and running the lighting program.
• Re-theming for Final Fest: skins, signage and lighting program, as quoted.
• Teardown on the agreed schedule, about ninety minutes, leaving no trace.

It does not cover ceremony sound, officiating, or other services we offer. Those can be added under section 13.

5. What we need from you

• A level placement about 12 x 16 ft, clear of overhead lines and branches, with room for people to gather in front.
• One 120 V circuit (under 500 W) at the placement during operating hours.
• Vehicle access to within a short carry of the placement for install and teardown.
• Site security for the Arch outside operating hours, as for your own infrastructure.
• Any permits or site approvals the event requires.
• Crew credentials, parking and access for our team, and meals for our crew on event days.

6. Fees and payment

The deposit is 20% of the fees before tax and carries no GST; all GST is charged on the balance. Each amount is invoiced before it is due: the deposit on signing, the balance 45 days before install. Amounts are in Canadian dollars; GST is charged at 5% under our GST registration, and PST where it applies is shown on the invoice.

Payment terms

• How to pay. Interac e-Transfer or bank transfer to the details on the invoice, quoting the agreement reference. Card payment is available on request and carries the card processor's fee.
• Late payment. If the balance is not received by its due date we will contact you. If it remains unpaid seven days after that, we may treat the booking as cancelled by you under section 7. Overdue amounts bear interest at 1.5% per month (19.56% per year) from the due date until paid.
• Disputed invoices. If you dispute part of an invoice, tell us in writing within seven days of receiving it and pay the undisputed part by the due date. We will work through the disputed part with you in good faith.
• Extras after the event. Changes agreed under section 13 after the balance is paid, such as extra operating hours, are invoiced after the event and due within 14 days.
• No set-off. Payments are made in full, without deducting any amount you say we owe you, except where we have agreed in writing.

7. Booking, cancellation and postponement

Confirmation. Your dates are held when this agreement is signed and the deposit is received, not one without the other.

Cancellation by you. The deposit is non-refundable. The balance is refundable if you cancel more than 30 days before install, and non-refundable after that.

Postponement. Given 90 days' notice of a date change, your deposit carries to the new date, subject to the Arch's availability. If it is not available, the deposit is refunded.

8. If we cannot perform

If damage, illness or an emergency on our side prevents us from delivering or operating the Arch, we tell you immediately. Where we can, we offer a comparable piece from our catalog. If you do not accept it, or none is available, you receive a full refund of everything paid, including the deposit. Section 7 applies to cancellation by you; this section applies where we fail to deliver.

9. Operation and safety

• Only our crew installs, moves, adjusts or tears down the Arch.
• Our attendant sets how many people may be on the platform at once and may pause use at any time for safety.
• We pause operation in high wind, lightning or other unsafe weather, and resume when it is safe. Weather pauses are not a failure to perform.
• We work within the Festival's site rules, curfews and safety directions. Crowd control and removing intoxicated or disruptive people is your security team's call, not ours.

10. Damage and loss

Normal wear is ours. You are responsible for loss of or damage to the Arch caused by your staff, contractors or attendees, or occurring outside operating hours while it is in your site's care, at the reasonable cost of repair or replacement, which we will show you. You are not responsible for damage caused by our own crew.

11. Insurance and liability

Insurance. We carry $5,000,000 commercial general liability insurance and will name Final Fest as an additional insured for the event. Certificates are available on request.

Limitation of liability. Except where liability cannot be limited at law, our total aggregate liability under this agreement is limited to the total amount you have paid us under it. Neither party is liable for indirect, consequential or incidental damages, or for lost profits, however arising.

Indemnity. Each party indemnifies the other against third-party claims arising from its own negligence or wilful misconduct, or that of its staff and contractors.

12. Force majeure

Neither party is in breach where performance is prevented by events beyond reasonable control, including wildfire, flood, severe storm, evacuation orders, highway closures, government or public health orders, or the cancellation of the event by an authority. If the event cannot go ahead, we will work with you to move to a new date within twelve months and your payments carry to it. If no date can be agreed, we refund payments received less our reasonable costs already incurred, which we will show you.

13. Changes

Changes to dates, placement or services are made by written amendment. An email in which we set out the change and price and you confirm it is enough. No change is binding until then.

14. Termination for breach

Either party may end this agreement by written notice if the other materially breaches it and does not put the breach right within ten days of being told, or before install if that is sooner. If we end it for your non-payment or breach, section 7 applies as if you had cancelled. If you end it for our breach, section 8 applies as if we could not perform.

15. Compliance and permits

• Each party complies with the laws, regulations and bylaws that apply to its part of the event.
• We maintain WorkSafeBC coverage for our crew and are responsible for their safe work practices on site.
• You are responsible for the event's permits and approvals, including any site, occupancy, fire or liquor requirements, and for telling us of any conditions they place on the Arch.

16. Intellectual property, photos and video

The Arch, its design, name and imagery remain ours. Re-theming materials we make for the event remain ours unless the quote says you are buying them. You grant us a non-exclusive licence to use your name and marks on the re-theming and to describe the event in our portfolio.

Each party may use photographs and video of the Arch at the event in its own marketing, crediting the other where practical. We will not use images of identifiable attendees in advertising without the consent the Festival's own media policy requires.

17. General

• Governing law. This agreement is governed by the laws of British Columbia and the federal laws of Canada applicable there, and the parties submit to the courts of British Columbia.
• Disputes. Before starting proceedings, the parties will make a genuine attempt to resolve the matter directly, and will consider mediation.
• Independent parties. We act as an independent contractor. Nothing in this agreement creates a partnership, joint venture, agency or employment relationship.
• Confidentiality. Each party keeps the other's pricing and non-public business information confidential, except as needed to perform this agreement or as the law requires.
• Notices. Notices are given in writing by email to the addresses given at signing and take effect on the next business day.
• Assignment. Neither party may assign this agreement without the other's written consent. We may use qualified crew or subcontractors and remain responsible for them.
• Entire agreement and amendment. This agreement, the quote and any written amendment are the whole agreement. Where this agreement and the quote differ, this agreement prevails. It can only be changed in writing under section 13.
• Waiver. Not enforcing a term once does not waive the right to enforce it later.
• Survival. Sections 6 (as to amounts owing), 10, 11, 16 and 17 continue after the event or after this agreement ends.
• Severability. If any provision is unenforceable, the rest continues in force.
• Electronic signature. This agreement may be signed electronically and in counterparts, each of which is an original.

Signatures