Klein’s Rentals, LLC – Terms and Conditions
Introduction
This Terms and Conditions Agreement (“Agreement”) is established between Klein’s Rentals, LLC (referred to as “Klein’s”) and the Client. The term “Client” includes any individual or entity engaging in a transaction with Klein’s. This includes the person renting equipment or purchasing items, and anyone placing an order on behalf of someone else – by placing an order, such person affirms that they and the end-user both accept these Terms and Conditions.
Klein’s retains exclusive ownership of all rental equipment, which are distinct from any items available for purchase (marked “PURCHASE” on Klein’s website or store). Rental equipment is provided for the Client’s personal use (or the use of their intended beneficiaries).
Acceptance of Terms: By renting equipment, purchasing products, or using any services from Klein’s, the Client explicitly agrees to be bound by this Agreement in its entirety. Placing an order or engaging in a transaction signifies that the Client has read these terms, understands them, and agrees to abide by all conditions and fulfill all Client responsibilities described herein.
Reservations and Payment
Reservation Details as Contractual: When a reservation is made, the specific details (dates, items, services, etc.) become part of this Agreement between Klein’s and the Client.
Payment at Time of Reservation: All payments must be made at the time of reservation. Klein’s accepts credit/debit cards and PayPal for upfront payment of rentals, purchases, or services.
Payment Authorization: By providing a payment method, the Client authorizes Klein’s to charge that method for the agreed rental/purchase fees and any additional charges or fees related to the reservation (such as extension fees, late fees, damage fees, etc., as applicable under this Agreement).
Confirmation of Reservation: Klein’s will confirm the Client’s reservation within 24 hours of booking. Confirmation may be sent via phone call, text message, WhatsApp, or email. If the Client does not receive a confirmation within 24 hours, it is the Client’s responsibility to promptly contact Klein’s to verify the reservation status.
Product Variability: The Client understands that the actual appearance (color, brand, model) of rental items or purchase products may vary from the illustrative images on Klein’s website or catalog. Klein’s will provide items equivalent in function and capacity, but minor differences in appearance do not constitute a breach of contract.
Delivery, Possession, and Usage
Delivery Locations: The Client must specify a delivery and pickup location in the Orlando area when making the reservation. Klein’s delivers to Orlando, Kissimmee, and Davenport, Florida service areas. If a delivery address is outside these areas, additional delivery fees may apply or Klein’s may decline the reservation (see “Service Area Limitations” below).
Reservation Changes: If the Client needs to make changes to the order (such as item changes, delivery time changes, or location changes), the request must be made at least 72 hours before the scheduled delivery. Klein’s will try to accommodate change requests, but cannot guarantee availability for late changes.
Client’s Responsibility for Items: The Client assumes full responsibility for the rented items 24 hours after the scheduled delivery time (as stated in the reservation), whether or not the Client has personally received the items. This means if Klein’s delivers the items and leaves them (per agreement or due to the Client’s absence), after 24 hours the Client is responsible for their care and security as if they were in the Client’s possession.
Re-delivery Fee: If Klein’s attempts delivery at the scheduled time and location but is unable to complete it due to the Client’s absence or incorrect location information provided by the Client, a re-delivery may be arranged at Klein’s discretion. A $55 re-delivery fee will apply to cover the additional trip, and the delivery will be rescheduled based on the next availability. The Client’s payment method on file will be charged for this fee.
Service Area Limitations: It is the Client’s responsibility to ensure the delivery location is within Klein’s service area (Orlando/Kissimmee/Davenport). If a reservation is made for an address outside the standard service area without prior approval, Klein’s reserves the right to modify or cancel the reservation. Klein’s may offer to deliver to the out-of-area location for an additional fee, or require the Client to meet at a designated location. If no agreement is reached, Klein’s may cancel the order and provide a refund.
Client Return Obligation (Outside Area): If a Client, after taking possession of the items, moves or transports the items outside of Klein’s pickup area, the Client will be responsible for returning all items to Klein’s at the end of the rental period. All costs associated with returning the equipment (shipping, transport, etc.) are the Client’s responsibility. If Klein’s must recover items from outside the service area, additional recovery fees will apply (and may be charged to the Client’s card on file).
Proper Use and Security: The Client agrees to use all rental items only for their intended purpose and in a safe and proper manner. When items are not in active use, the Client must secure them to prevent damage, theft, or injury (for example, ensuring they are stored safely and protected from rain or misuse). The Client must promptly inform Klein’s if any equipment is not functioning correctly, shows defects, or malfunctions at any point during the rental. Klein’s will attempt to address or replace defective equipment; however, the Client must discontinue use of any item that appears unsafe until guidance is provided by Klein’s.
Appliance Temperature Stabilization: For rental appliances (such as refrigerators or freezers), the Client acknowledges that it may take up to 48 hours after delivery for the appliance to reach a safe operating temperature for food storage. Klein’s is not liable for any food spoilage or damage resulting from an appliance not yet being fully cooled or from any appliance malfunction. The Client should verify the appliance’s internal temperature is safe for perishables before storing food. If an appliance fails to reach proper temperature or is found to be malfunctioning, the Client must notify Klein’s. Klein’s will assess the issue and, if the appliance does not stabilize within 48 hours of delivery, Klein’s may provide a replacement unit or offer a refund for that item at Klein’s discretion.
Rental Termination by Klein’s: Klein’s reserves the right to terminate the rental period early and retrieve the equipment if the Client violates any term of this Agreement or if the Client is using the equipment in a manner that is unsafe, unlawful, or likely to cause damage. In the event of such termination, the Client must surrender the equipment to Klein’s immediately upon request and no refund will be issued for unused time. Klein’s personnel may enter the premises to recover the items if necessary, and the Client agrees to cooperate in the return.
Returning Equipment
Pickup Readiness: The Client is responsible for having all rented items clean, packed, and ready for pickup at the agreed-upon pickup time and location (as specified in the reservation details). If Klein’s attempts to pick up the items at any time within the scheduled pickup window and finds that the items are not ready or accessible for retrieval, the items will be considered “not ready for pickup.” In such cases, a $250 recovery fee will be charged to the Client. This fee covers the additional effort and resources required for Klein’s to make a repeat trip or extra arrangements to recover the rental items. The Client’s provided payment method will be charged for this fee.
Rescheduling or Extending Rentals: If the Client needs to delay the return, extend the rental period, or change the agreed delivery or pickup date/time, the Client must notify Klein’s via email at least 48 hours before the originally scheduled time. Klein’s will accommodate such changes if possible; however, if the Client fails to provide the required 48-hour notice and a rescheduling of delivery or pickup becomes necessary, a $55 rescheduling fee will be applied. This fee will be charged to the Client’s payment method on file. (Note: Extensions of rental period may also incur additional rental charges, which will be discussed and agreed upon case by case.)
Damages and Loss
Client’s Duty of Care: The Client is fully responsible for the care, custody, and condition of all rental items from the time of delivery (or possession) until they are returned to Klein’s. The Client must take reasonable precautions to protect the equipment from damage, loss, theft, or misuse.
Replacement or Repair Costs: If any rented item is lost, stolen, or returned in damaged condition (beyond normal wear and tear), the Client agrees to pay the full cost of replacement or repair. In cases of loss or irreparable damage, the replacement cost will typically equal the item’s current market value (i.e. the cost for Klein’s to obtain a new equivalent item). These costs will be charged immediately to the Client’s credit card on file (or other payment method provided). Klein’s will provide an invoice or breakdown of the charges upon request. Payment for loss/damage is due as soon as assessed, and Klein’s is authorized to charge the amount without additional notice.
Condition Upon Return: All items should be returned in the same condition in which they were delivered to the Client, aside from ordinary wear and tear. The Client should report any significant damage, loss, or issues to Klein’s as soon as possible (and no later than at the time of pickup/return). This allows Klein’s to prepare replacements for the next customer and to fairly assess any charges to the Client. If items are returned excessively dirty or with missing parts, cleaning fees or charges for missing components may also apply.
Cancellation
Standard (Non-Holiday) Periods: If the Client needs to cancel a reservation during a non-holiday period, the Client must notify Klein’s at least 2 weeks (14 days) in advance of the scheduled rental start date to avoid penalties. Cancellations made with proper advance notice will be eligible for a full refund of any amounts paid (excluding any non-refundable processing fees, if explicitly stated at booking).
Holiday Periods: During peak seasons – including Jewish holidays (e.g., Passover, Sukkot, etc.) and major secular holidays – demand is high. Therefore, if the Client’s reservation falls during a holiday period as determined by Klein’s, a cancellation notice of at least 1 month (30 days) prior to the rental start date is required for a refund. Cancellations during holiday periods made less than 30 days in advance may result in forfeiture of some or all of the rental fee (at Klein’s discretion), due to the difficulty of rebooking the items on short notice during peak demand.
Definition of Holiday Period & Pricing Adjustments: Klein’s reserves the right to define and designate which dates constitute holiday periods each year. Generally, this will include widely observed holidays and periods of significantly increased demand. Klein’s also reserves the right to adjust its pricing or fees at any time as business needs require. If pricing is adjusted after a reservation is made, the Client will be notified promptly. In the event of a pricing change affecting an existing reservation, Klein’s will honor the original price for that booking or offer the Client the choice to accept the new pricing or cancel without penalty. (This flexibility ensures Klein’s can respond to market dynamics while maintaining transparency and fairness to the Client.)
Reservation of Rights: Klein’s explicitly reserves all rights to enforce the above cancellation timelines. Any exceptions or accommodations (such as accepting a late cancellation without penalty) are at Klein’s sole discretion on a case-by-case basis. Clients are encouraged to plan carefully and inform Klein’s as early as possible of any changes in their plans.
Liability Waiver
Use at Your Own Risk: The Client acknowledges that they are using all rented equipment at their own risk. Klein’s provides rental items in good working order and without any warranty or guarantee of fitness for a particular purpose. To the fullest extent permitted by law, Klein’s disclaims all warranties, express or implied, regarding the condition, performance, or safety of the rented equipment. The Client assumes all responsibility for any harm or injury that may result from the use of the equipment. Klein’s shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use, misuse, or malfunction of the rental items, including but not limited to personal injuries, property damage, or lost profits. The Client agrees to indemnify and hold harmless Klein’s, its owners and employees, from any claims, liabilities, or expenses (including attorney’s fees) that result from the Client’s use of the rental equipment or services. This general liability waiver applies in addition to the specific risk allocations and waivers described elsewhere in this Agreement.
Security Deposit
Security Deposit Requirement: Klein’s requires a security deposit for most rentals, collected at the time the rental order is placed. The deposit may be taken as a credit card pre-authorization (hold) or a charge, or via another agreed payment method, as communicated by Klein’s during the reservation process.
Deposit Amount: The amount of the security deposit varies depending on the type and quantity of items rented. The specific deposit amount for the Client’s order will be clearly disclosed during the booking/reservation process (for example, a higher deposit might be required for high-value items or large orders).
Purpose of Deposit: The security deposit serves as a financial guarantee for the fulfillment of the Client’s responsibilities regarding the rental. Klein’s may use all or part of the deposit to cover:
Any damage to a rental item beyond ordinary wear and tear.
Any loss or theft of a rental item (or its components) during the Client’s rental period.
Costs associated with retrieving equipment that is not returned properly (e.g., items left in an unauthorized location or not ready for pickup, as described earlier).
Extra cleaning fees if an item is returned in an excessively dirty or unsanitary condition requiring special cleaning.
Late return fees or additional rental charges if the equipment is kept beyond the rental period without prior authorization.
Inspection and Assessment: Upon return of the items, Klein’s will inspect their condition. If damage or loss is discovered, Klein’s will assess the cost of repair or replacement. This cost is determined based on the market value at the time (to ensure fair compensation for replacement or repair). Klein’s will then deduct the appropriate amount from the security deposit. A detailed invoice or statement will be provided to the Client outlining any such charges.
Fair Wear and Tear: The Client will not be charged for “normal wear and tear,” which means the minor cosmetic scuffs or gentle use effects that occur when items are used as intended. However, any significant damage (e.g., broken parts, deep stains, water damage, missing pieces) is not considered normal wear and tear and will be charged.
Return of Deposit: If, after inspection, no damage, loss, or extra fees are assessed, Klein’s will release or return the security deposit in full. If deductions are made, any remaining balance of the deposit will be refunded to the Client. The return of any refundable portion of the deposit will be processed within 30 days after the end of the rental period (often sooner). The refund will be issued to the same payment method originally used for the deposit, unless otherwise arranged.
Dispute Resolution: If the Client disputes any deductions made from the security deposit, they should contact Klein’s as soon as possible to discuss the issue. Klein’s commits to reviewing any such case in good faith and will provide justification and documentation (e.g., photos, repair quotes) for any charges withheld. Both parties agree to attempt in good faith to resolve any disputes regarding damage charges.
Documentation of Condition: Klein’s encourages Clients to take photographs or videos of the rental items at the time of delivery and again at pickup/return. This documentation can help establish the item’s condition and serve as evidence if there is a discrepancy in damage assessment. Klein’s also maintains its own records of item conditions.
Additional Charges Beyond Deposit: In the event the assessed costs for damage, loss, or other liabilities exceed the amount of the security deposit, the Client is responsible for paying the difference. Klein’s will provide an invoice for the additional amount, and the Client agrees to pay this amount promptly upon notification. The additional charge may be billed to the Client’s credit card on file or another payment method provided by the Client.
Non-Refundable Deposit (Extreme Cases): If a rental item is not returned at all, or is returned in a condition that renders it completely unusable or significantly reduces its value (for instance, a destroyed appliance or a tent with large irreparable tears), Klein’s reserves the right to retain the entire deposit (or a portion of it) as compensation. In such cases, the deposit effectively becomes a partial payment for the lost or ruined item. Klein’s will notify the Client if the deposit (or any part of it) is being withheld for these reasons.
Liability Exclusion Clause
Scope of Liability Exclusion: The Client expressly acknowledges that Klein’s shall not be held liable for certain losses or damages arising from the rental or use of equipment or services. This exclusion is comprehensive and includes, but is not limited to, the following scenarios and causes:
Fire Damage: Klein’s is not liable for any damage or loss caused by fire, whether the fire affects the rental equipment itself, the Client’s property, or results in personal injury or death.
Water Damage: Klein’s is not responsible for water damage to the rental equipment or the Client’s property (e.g., from flooding, leaks, or sprinkler activations).
Theft or Burglary: Klein’s is not liable if the rented items are stolen or if theft at the Client’s location results in loss of the equipment or other property. The Client should ensure the equipment is secured to prevent theft.
Vandalism: Klein’s bears no responsibility for acts of vandalism or intentional damage by third parties to the rental items or the Client’s property.
Weather-Related Damages: Any damage or losses due to natural weather events (storms, hurricanes, heavy wind, lightning, earthquakes, etc.) are not the responsibility of Klein’s. The Client assumes the risk of such events (see also the Weather-Related Events section below).
Electrical Malfunction: Klein’s is not liable for electrical failures or malfunctions of rental equipment, or any resulting damage such as power surges or electrical fires. (For example, if an rented appliance electrically shorts out and causes damage, this clause applies.)
Equipment Misuse: If damage, injury, or death results from the misuse or improper handling of the equipment by the Client or any third party (e.g., not following instructions or using an item for a purpose other than intended), Klein’s is not responsible.
Accidents Involving Equipment: Klein’s is not liable for accidents or collisions involving the rental equipment (for instance, if a rented golf cart is involved in a vehicle accident or a crib collapses due to improper assembly, etc.).
Loss of Use: Klein’s is not responsible for any inconvenience or loss the Client suffers because they cannot use the rental equipment or their own property due to any issue with the rental. For example, if a rented appliance is not functioning and the Client cannot use it, Klein’s is not liable for the loss of its use (beyond possibly replacing or repairing the item per our policies).
Data Loss: If any electronic or digital rental equipment fails and causes loss of data (for instance, a rented computer or device malfunctioning), Klein’s is not responsible for recovering or compensating for that data loss.
Third-Party Actions: Klein’s is not liable for any harm or damage caused by the actions of third parties that affect the Client or the rental equipment. For instance, if a third-party (such as a neighbor or another guest) damages the equipment or causes an incident, that is outside Klein’s control.
Injury to Individuals: Klein’s is not responsible for any bodily injuries, illness, or fatalities that occur to the Client or any other person during the use or presence of the rental equipment. All use of equipment is at the user’s own risk, even if the injury is indirectly related to the equipment.
Property Damage: Klein’s is not liable for damage to any property (whether the Client’s property or a third party’s property) caused by the setup, use, or presence of the rental equipment. For example, if a rented item scratches a floor or a tent stakes damage landscaping, the Client assumes responsibility.
Equipment Failure: Klein’s does not guarantee uninterrupted or error-free performance of any equipment. If an item fails or breaks down during the rental period, Klein’s is not liable for any consequences of that failure (aside from addressing the equipment issue as per our policies).
Violation of Laws: If the Client or any user of the rental equipment violates any law, regulation, or community rule while using the equipment (for example, exceeding occupancy limits, noise ordinances, traffic laws with a golf cart, etc.), Klein’s is not liable for any fines, penalties, or legal outcomes. The Client is solely responsible for any such violations.
Indirect or Consequential Damages: Klein’s is not responsible for indirect losses such as lost revenue, lost business opportunities, loss of enjoyment, inconvenience, or any other consequential or incidental damages arising from the rental transaction or use of equipment.
Pest or Infestation: Klein’s is not liable for any pests (insects, rodents, etc.) that may inhabit or infest rental equipment or that might be introduced to the Client’s property via the equipment. (Clients are advised to keep equipment like cribs or mattresses clean and not to leave them outside where they could attract pests.)
Chemical or Allergen Exposure: Klein’s is not responsible for any injury or damage caused by exposure to chemicals or allergens in or on the rental equipment. (For example, if a cleaning agent residue or a material in the equipment causes an allergic reaction, Klein’s is not liable.)
Noise and Disturbances: If a piece of equipment (like a generator or appliance) causes noise or other disturbances, Klein’s is not liable for any resulting issues (such as complaints or required relocation). The Client is responsible for using equipment in a manner compliant with local rules.
Environmental Damage: Klein’s is not liable for any environmental harm caused by the equipment or its use, such as oil leaks, charcoal or grease spills from a BBQ, etc. The Client should use equipment responsibly to avoid environmental damage.
Operational Errors: Klein’s is not responsible for mistakes or accidents resulting from the operator’s error. For instance, if the Client sets up an item incorrectly or operates a device improperly leading to damage or injury, the risk lies with the Client.
Business or Economic Loss: If the Client rented equipment for a business or event, Klein’s is not responsible for any loss of income, profits, or goodwill if the equipment or service does not meet expectations or if any issues disrupt the Client’s operations or event.
Food Spoilage: Klein’s is not liable for any food spoilage or contamination that occurs as a result of using rented appliances. This includes scenarios where a rented refrigerator or freezer fails to reach or maintain proper temperature, or if there is a delay in cooling after delivery. The Client assumes responsibility for monitoring and ensuring safe food storage, and accepts all risk of loss of food or other perishable items. (Refer to the Appliance Temperature Stabilization clause above for guidance on proper use.)
Client’s Acknowledgment and Indemnity: By entering into this Agreement and using Klein’s equipment or services, the Client acknowledges their understanding of this Liability Exclusion Clause. The Client agrees not to hold Klein’s responsible for any such excluded damages or losses, and further agrees to indemnify and hold harmless Klein’s from any claims or liabilities brought by third parties arising out of such scenarios. This means the Client will defend Klein’s and cover any costs or damages Klein’s incurs if a third party makes a claim against Klein’s for something that is the Client’s responsibility or that falls under these excluded categories.
Delivery and Pickup Timing Policy
No Guaranteed Delivery/Pickup Times: Klein’s strives to meet all scheduled delivery and pickup times, including any priority times the Client may request. However, specific times are not guaranteed. Various factors outside Klein’s control (such as traffic, road closures, weather conditions, or unexpected logistical delays) may affect the timing. The Client understands that even if a priority delivery or pickup is scheduled, circumstances may cause delays.
Priority Service Requests: If the Client has paid for or requested a priority delivery or pickup (i.e. a preferred time window or expedited service), Klein’s will make best efforts to honor that request. However, priority services remain subject to the same potential delays as regular services (e.g., heavy traffic or storm conditions do not exempt priority deliveries from delay). Any fees paid for priority scheduling are non-refundable, even if Klein’s is unable to arrive within the preferred window. These priority fees cover the allocation of special resources and scheduling efforts by Klein’s and do not guarantee an exact outcome. By opting for a priority service, the Client acknowledges the risk that a delay may still occur and agrees that they will not receive a refund of the priority fee if such a delay happens.
Notification of Delays: In the event of a significant delay or change in the scheduled delivery/pickup time, Klein’s will make reasonable efforts to inform the Client as soon as possible (using the contact information on file, such as phone or email). The Client should ensure Klein’s has a way to reach them on the day of delivery/pickup for any updates.
No Compensation for Timing Delays: The Client agrees that a delayed delivery or pickup does not entitle them to a refund or discount (aside from any case where Klein’s might voluntarily choose to adjust charges as a customer service courtesy). Klein’s is not responsible for any inconvenience, lost time, or any costs incurred by the Client due to an earlier or later than expected delivery/pickup. For example, if a Client plans an event and a delivery arrives later than expected causing a change in plans, Klein’s will not be liable for any losses or expenses related to that change.
Acceptance of Timing Variability: By accepting these terms, the Client acknowledges the possibility of variability in delivery and pickup times and agrees that they will not hold Klein’s liable for any impacts arising from such scheduling variances.
Property Access Liability Release
Permission to Enter Property: If the Client provides Klein’s with permission to access their property for delivery or pickup – for example, by giving gate codes, garage codes, lockbox keys, or by authorizing entry in their absence – the Client does so at their own risk. By granting such permission, the Client agrees to the following:
Waiver of Liability: The Client waives any claim against Klein’s for any incident that may occur due to Klein’s entry onto the property for delivery/pickup. This includes, but is not limited to, any accidental damage to the property during entry, any theft or security issues that arise, or any injury to persons or pets on the property. (Klein’s staff will of course exercise reasonable care while on the property.)
No Responsibility for Unattended Access: If delivery or pickup is completed without the Client (or their representative) present, Klein’s is not responsible for the items or the property after they have left the premises. For instance, if the Client asks Klein’s to drop items in a backyard or garage, and subsequently those items are stolen or damaged before the Client retrieves them, the liability is on the Client.
Client’s Assumption of Risk: The Client understands and accepts all risks associated with allowing Klein’s to enter their premises without the Client’s oversight. This arrangement is often made for the Client’s convenience, and by agreeing, the Client accepts that Klein’s is not liable for any outcome of such access.
Agreement at Checkout: This property access release is agreed to when the Client provides access instructions and confirms their order (e.g., by clicking acceptance at checkout or in written communication). It is part of the overall Agreement that by accepting these Terms and Conditions, the Client has also accepted this liability release for property access.
Pool Safety Gate/Fence Addendum
(This addendum applies when the Client rents a pool safety gate or pool fence from Klein’s, intended to enhance safety around a swimming pool.)
Purpose and Limitations: Klein’s provides a temporary pool safety gate/fence to act as a barrier and help prevent unsupervised access to the pool area by young children, pets, or unauthorized persons. The Client acknowledges that while the pool fence is a safety measure, it is not foolproof. The effectiveness of the gate/fence depends on proper installation, usage, and maintenance. External factors (such as weather conditions, people moving or tampering with the gate, or landscaping crews temporarily adjusting it) can reduce its effectiveness. For example, strong winds or someone not securing the latch can cause the gate to be partially displaced.
Client’s Responsibility for Inspection: The Client is responsible for regularly inspecting the pool fence during the rental period to ensure it remains securely in place and in proper working condition. This includes checking that all sections are connected, the gate latch works, and the fence has not been moved or left open. If the Client notices any damage, instability, or displacement of the pool fence, they must notify Klein’s immediately and take interim measures to ensure pool safety (such as supervising the pool until the fence is fixed). The Client should not continue to rely on the fence if it is not functioning properly.
No Substitute for Supervision: The Client understands that the pool safety gate/fence is not a substitute for diligent supervision. All pool areas carry inherent risks, especially to children and non-swimmers. The Client agrees to actively supervise and/or restrict access to the pool area, even when the fence is in place. The Client will also ensure that all occupants of the property (and any guests) are aware of the fence and understand that they must close it after passing through and not tamper with it.
Limitation of Liability for Pool Incidents: Klein’s shall not be held liable for any accidents, injuries, or fatalities that occur in or around the pool, even if such incidents are in some way related to the presence, absence, or condition of the rented pool fence. For example, if a child gains access to the pool area because the fence was moved, left open, or in any way fails to prevent entry, the Client agrees that Klein’s is not responsible. The Client waives any right to hold Klein’s accountable for incidents in the pool area.
Indemnification: The Client agrees to indemnify and hold Klein’s harmless from any claims, lawsuits, or liabilities by any party arising out of incidents around the pool during the rental period. This indemnification covers situations where the pool fence might not have performed as intended, as well as situations completely unrelated to the fence (e.g., a swimmer injury in the pool). In essence, because the pool area is under the Client’s control during the rental, the Client assumes full responsibility for it.
Third-Party Interference: The Client acknowledges that Klein’s has no control over third parties who might interact with the pool fence. For instance, maintenance personnel or landscapers might move the fence, or neighbors/guests might not secure it properly. The Client should communicate with any relevant third parties about the presence of the fence and ensure it remains intact after any work or gatherings.
Integration with Terms: This Pool Safety Gate/Fence Addendum is an integral part of Klein’s Terms and Conditions. By agreeing to the overall Terms and renting a pool safety gate/fence, the Client confirms they understand and agree to the additional responsibilities and waivers in this addendum.
Kashering Service – Liability and Client Responsibilities
(This section applies when the Client requests Kashering services from Klein’s, meaning making a kitchen’s appliances and surfaces kosher according to Jewish dietary laws.)
Service Description: Klein’s offers a Kashering service where kitchens (appliances, utensils, surfaces) can be kashered (made kosher) for Clients. This service might be performed directly by trained Klein’s staff, or Klein’s might engage qualified partners or third-party professionals to carry it out on the Client’s behalf. The scope of kashering (what will be kashered) will be agreed upon with the Client in advance.
No Liability for Property Damage: The Client assumes all risk of potential damage to the property or its contents arising from the kashering process. Klein’s is not liable for any damage that may occur to the rental home, villa, kitchen appliances, countertops, cookware, or any surfaces and materials during or after the kashering process. High heat, boiling water, and cleaning agents are often used in kashering, which can cause discoloration, warping, cracking, or other damage to certain materials if not compatible. By using the service, the Client acknowledges these risks. This exclusion of liability also applies to any injuries or adverse effects (such as burns, smoke damage, etc.) that could possibly result from the kashering activity.
Client’s Responsibility for Permissions: Before requesting Kashering, the Client must have permission from the owner or property manager of the home or villa to perform kashering on the premises. Some rental properties have restrictions or policies about altering appliances or using high-heat processes. If kashering is performed without proper permission, the Client accepts full responsibility for any consequences. This could include fees or penalties from the property owner, loss of security deposit with the property, or charges for damages. Klein’s will not be a party to any disputes between the Client and property owner arising from unapproved kashering.
Indemnification for Kashering-related Issues: The Client agrees to indemnify and hold harmless Klein’s from any claims, damages, or losses arising out of the kashering service. This includes, for example, a property owner suing for damages to an appliance, or a guest claiming injury from a recently kashered (and hot) surface. The Client will cover all costs and liabilities if such an event occurs, without involving Klein’s.
No Warranty of Religious Compliance: Klein’s and its partners will perform the kashering in good faith and in accordance with standard practices. However, Klein’s does not guarantee that the kashering will meet any particular religious standard or certification. Different individuals or communities may have different stringencies and requirements for what is considered properly kashered. The Client should communicate any specific requirements in advance, but ultimately uses this service at their own discretion. Klein’s will not be liable if the Client or any third party is unsatisfied with the religious/dietary compliance of the kashering process or outcome.
Third-Party Service Providers: If Klein’s hires a third-party specialist to perform the kashering, Klein’s is not responsible for the actions, errors, or omissions of that third party (beyond helping the Client coordinate the service). The contractual relationship for kashering may, in certain cases, be between the Client and the third-party provider, with Klein’s facilitating; regardless, Klein’s liability is disclaimed to the same extent.
Alterations and Post-Service Condition: The Client acknowledges that kashering might involve temporary or permanent alterations to the property’s equipment. For example, oven grates might be discolored, or a fridge’s rubber gasket might be damaged by heat if not done carefully. The Client accepts these potential outcomes. Klein’s will not restore or pay for restoration of any item’s original condition if changes occur due to kashering. It is the Client’s responsibility to ensure they are comfortable with this risk.
Recommendation – Insurance: Klein’s recommends that Clients verify or obtain insurance that covers accidental damage to the rental property (many travel rental insurance policies or homeowner’s policies might cover such damage). This is because Klein’s will not cover damages arising from kashering, and the Client would otherwise bear the cost.
Acknowledgment: By requesting and scheduling a kashering service from Klein’s, the Client confirms that they have read this section and agree to its terms. The Client’s decision to proceed with kashering indicates their acceptance of full liability for any outcomes, intended or unintended, of the kashering process.
Catered Frozen Food Package Handling Service
(This section applies if the Client arranges for catered frozen food to be delivered to Klein’s for storage and later delivery to the Client.)
Service Overview: As a convenience, Klein’s may accept on the Client’s behalf the delivery of pre-packaged frozen food (for example, kosher catered meals) and store those packages in appropriate cold storage until the Client’s arrival or a scheduled hand-off. Klein’s will then deliver the stored frozen food package to the Client at the agreed time. Klein’s itself is not preparing or packaging the food; Klein’s role is limited to receiving, holding, and redelivering the package.
Client’s Notification Duties: The Client is responsible for coordinating with both the food provider and Klein’s. The Client must notify Klein’s in advance of the expected delivery of the frozen food package, including the delivery date, approximate time, and the identity of the delivering party. The Client should provide any specific instructions for handling (for instance, “keep box upright” or if the package contains dry ice, etc.) and must also arrange a delivery time from Klein’s to the Client for when they want the food package delivered to their location. If there are any changes (delay by the caterer, cancellation, etc.), the Client must inform Klein’s immediately.
Storage Conditions and Limitations: Klein’s will store the food package in a freezer or refrigerator as appropriate. However, Klein’s does not guarantee maintaining a specific temperature or condition beyond normal freezer/refrigerator operations. The Client acknowledges that some risk is inherent in storing and transporting frozen goods. For example, if a package arrives already thawing, or if an unexpected power outage occurs while in storage, the quality could be affected. Klein’s will take reasonable care (e.g., placing the package promptly into cooling upon receipt), but cannot be held responsible for factors beyond its control.
Limitation of Liability for Food Packages: Klein’s shall not be liable for any delay, spoilage, contamination, deterioration, or loss of the food items in the package, except in cases of willful misconduct or gross negligence on Klein’s part. This includes situations such as:
Delivery delays or errors by the catering service or shipping carrier (e.g., if the package arrives late, damaged, or not at all).
Power outages or equipment failures that affect refrigeration during the storage period.
The inherent perishable nature of the items – e.g., extended storage might cause freezer burn or quality decline, which is outside Klein’s control if the Client’s schedule changes.
If the food package is left out of refrigeration during transfer times due to unforeseen circumstances (for instance, if a delivery attempt to the Client is missed and the package cannot be immediately returned to cold storage).
Any foodborne illness or health effect supposedly caused by consuming the food. (The Client should note that Klein’s is not involved in food preparation and cannot guarantee the food was handled safely before it came into Klein’s possession.)
No Inspection of Contents: Klein’s will not typically open or inspect the contents of the food package. Klein’s is not responsible for the state of the food inside its packaging upon delivery to Klein’s or to the Client. The Client should inspect the food when they receive it and handle any complaints about quality or condition with the original food provider.
Service Not Guaranteed: Klein’s offers this freezer storage and delivery service as a courtesy option, and it may not always be available. Klein’s reserves the right to refuse, suspend, or terminate the service at any time (for example, if freezer space is not available or if a package arrives outside of agreed times). In such cases, Klein’s will inform the Client and the Client will need to make alternate arrangements (with a full refund of any service fee Klein’s charged for this handling, if applicable).
Indemnification: The Client agrees to hold Klein’s harmless and indemnify Klein’s for any claims, damages, or losses arising from this service. For example, if someone were to claim they got sick from the food, or if the caterer claims Klein’s mishandled the package, the Client will be responsible for defending Klein’s from any such claims. Klein’s liability, if ever found liable despite these terms, would in any case be limited to the fee paid (if any) for this specific service.
No Warranties: Klein’s makes no warranties or guarantees about this service, including that the service will be uninterrupted, error-free, or that the food will remain in perfect condition. The Client’s use of this service is entirely at their own risk.
Agreement to Terms: By requesting Klein’s to handle a frozen food package, the Client acknowledges and agrees to all the terms above. This service is provided only under these conditions, and if the Client does not agree, they should make alternative arrangements for their food delivery and storage.
Sukkah Rentals and Services
(This section outlines specific terms when the Client rents a Sukkah (a temporary hut or tent structure, typically used during the Jewish holiday of Sukkot) from Klein’s, including any setup or takedown services.)
Assumption of Risk: The Client understands that renting and using a Sukkah involves certain risks, especially considering it is an outdoor, temporary structure. From the time of delivery/setup until the time of takedown/pickup (the “rental period”), the Client assumes full risk and responsibility for the Sukkah and its use. Klein’s is not liable for any injuries, accidents, or property damage that occur in connection with the Sukkah during the rental period. This includes incidents inside the Sukkah (such as a person tripping) or relating to the Sukkah’s structure (such as a wind gust causing part of the Sukkah to collapse or move). The Client and all users of the Sukkah should exercise caution and good judgment while using the Sukkah.
No Liability for Property Damage: Klein’s is not responsible for any damage to the property (home, villa, yard, patio, etc.) where the Sukkah is installed. For example, if stakes or weights used to secure the Sukkah damage pavers or landscaping, or if the Sukkah rubs against an exterior wall causing marks, the Client will not hold Klein’s liable. Additionally, Klein’s is not liable for any damage the Sukkah might cause to nearby property or structures (for instance, if a part of the Sukkah blows against a neighbor’s fence).
No Liability for Personal Injuries: Klein’s is not liable for injuries to the Client or any other person using or around the Sukkah. This waiver covers all injuries whether minor or severe, including injuries from structural failure, trips/falls, or objects/decorations falling from or within the Sukkah. The Client should ensure the Sukkah is used safely and not overloaded with people or items beyond its capacity.
Weather-Related Use: Bad weather or strong winds can pose extreme hazards to a Sukkah. Klein’s strongly advises the Client not to use the Sukkah – and if possible to take it down or secure it – during severe weather (heavy rain, wind, storm). The Client assumes all risks if they choose to use or leave the Sukkah up in adverse weather conditions. Klein’s will not be liable for any damage to the Sukkah itself (the Client may be responsible for such damage), any damage to property, or any injuries that occur as a result of weather conditions. If weather is forecasted to be dangerous, the Client should consider contacting Klein’s for guidance or assistance.
Client’s Duty to Report Issues: After setup, Klein’s will ensure the Sukkah is stable and properly constructed. If the Client notices any issue with the Sukkah’s structure or stability (e.g., poles coming loose, tarp unfastened, unusual wobbling) at any time, they must cease using the Sukkah and notify Klein’s via email immediately (within 1 hour of noticing the issue). The Client should not attempt to continue using or fixing the Sukkah on their own if there is a structural concern – Klein’s will address it. Failure to report timely may result in the Client being liable for any exacerbation of damage or risk.
Permission and Placement Responsibility: It is the Client’s responsibility to ensure that they have permission to erect the Sukkah at the desired location. If the Client is renting a vacation home or staying in a community with rules (HOA, condo association, etc.), they must confirm that putting up a Sukkah is allowed. By default, Klein’s will assume the Client has obtained all necessary permissions unless the Client informs Klein’s otherwise at least 1 month before delivery (in writing via email). If after setup it is discovered that the Sukkah is not allowed at the property and must be removed, the Client will bear all responsibility for this issue (see below).
Fees for Unauthorized Placement or Early Removal: If a property owner or authority requires the Sukkah to be moved or taken down before the end of the rental period due to lack of permission or any other reason not caused by Klein’s, the Client will incur a $400 fee. This fee covers Klein’s coming out to dismantle and remove the Sukkah outside of the normal schedule. Klein’s will do so as soon as practicable (typically within 48 hours of the request, but no specific guarantee on timing is provided). This fee will be charged to the Client’s payment method on file. Additionally, no refund will be given for unused days if the rental is cut short due to such issues.
Service Call for Repairs/Adjustments: Once the Sukkah is set up, any non-emergency requests for modifications, adjustments, or issues caused by misuse may incur a service call fee. If Klein’s must return to the site to fix or adjust the Sukkah during the holiday (e.g., to re-level it after it was moved, or to repair something that was damaged by the Client’s actions), a fee of $200 may be charged. (Of course, if the issue was due to an initial setup fault by Klein’s or normal wear, no fee will be charged.) Klein’s will inform the Client if a situation warrants this fee before proceeding.
Client Responsibilities During Use:
The Client should periodically check that the Sukkah remains secure (for example, that tie-downs are tight and sandbags or weights are in place as originally left).
The Client must follow any safety guidelines provided by Klein’s for the Sukkah. This may include weight limits for hanging objects (like decorations or lights), precautions about open flames or cooking inside the Sukkah (typically not allowed or only in specific conditions), and guidance on securing the schach (roof covering) properly.
Prohibited Actions: The Client may not alter the Sukkah’s structure (no removing poles, adding holes, etc.), nor move the Sukkah to a different location once Klein’s has installed it (moving it can weaken the setup and create unsafe conditions). The Sukkah is to be used only as a temporary shelter for its intended spiritual/holiday purpose; it should not be used for any other hazardous activity.
No Warranty on Weather or Structural Integrity: Klein’s will construct the Sukkah in a workmanlike manner and use additional measures like sandbags, zip ties, leveling blocks, etc., to enhance stability. However, Klein’s does not warrant that the Sukkah will withstand all possible conditions, especially severe weather. The Client accepts that the Sukkah is a temporary structure and assumes the risk of any natural forces or unforeseen events that might cause damage or require the Sukkah to be taken down early.
Limitation of Liability: As stated, Klein’s is not liable for any damage or injury during the rental. To reiterate, the Client (and any of the Client’s guests or co-users of the Sukkah) waive any right to hold Klein’s liable for personal injuries or property damages related to the Sukkah. This includes any claim of negligence (for example, claiming Klein’s should have used more sandbags or anticipated a storm). The Client fully releases Klein’s from such claims.
Integration with General Terms: These Sukkah-specific terms are part of the Client’s agreement with Klein’s. By renting a Sukkah, the Client acknowledges that they have read and understood these terms in addition to the general Terms and Conditions, and that they will uphold their responsibilities and assume all stated risks.
Golf Cart Rentals – Additional Terms
(This section applies when the Client rents a golf cart from Klein’s. These terms supplement the general rental terms with specifics due to the unique nature of golf cart usage.)
Acceptance of Condition: At the time of delivery, the Client (or their authorized representative) should inspect the golf cart and acknowledge that it is delivered in good working condition. Any existing scratches, dents, or issues should be noted on the delivery record. By accepting the golf cart, the Client confirms that it appears to be in proper order and safe to operate.
Ownership and Authorized Users: The golf cart remains the exclusive property of Klein’s at all times. Only the Client and persons the Client specifically authorizes (who meet any age or licensing requirements communicated by Klein’s or required by law) are permitted to operate the golf cart. The Client must not sub-rent or lend the golf cart to any unauthorized person. Furthermore, the golf cart may only be used in the designated areas (for example, within resort property or community, if so specified) – it is not generally street-legal unless explicitly stated, and should not be driven on public roads if not allowed.
No Manufacturer Warranty: The Client understands that Klein’s is not the manufacturer of the golf cart and makes no warranty as to its design or quality. While Klein’s will maintain the cart in good condition, there is no warranty that the cart is fit for any specific purpose or free from any defect. The Client rents the cart “as is” and assumes responsibility for safe operation.
Safe Use Protocol: If at any point the Client feels the golf cart is unsafe or in disrepair, the Client must stop using it immediately and notify Klein’s. For example, if the brakes seem to fail or a steering issue arises, cease operation. Do not attempt to continue using a cart that has a mechanical issue. Klein’s will arrange for inspection and repair or provide a replacement if available, as soon as feasible. Using the cart in an unsafe condition is strictly prohibited and the Client would assume liability for any resulting harm.
Return Condition and Obligations: The Client must return the golf cart to the agreed drop-off/pickup location on the date and time specified for the end of rental, unless other arrangements are made. The cart should be in the same condition as it was delivered, aside from normal usage wear (e.g., a bit of dirt is okay, but significant mud or trash in the cart is not). All keys, chargers, and accessories provided with the cart must be returned. The Client will be liable for the cost of any missing parts (like lost keys or chargers) or any damage beyond normal wear. Lost key fee is $75 per key, and similar charges apply for other missing accessories as listed in the contract.
Liability for Damage or Loss: The Client is financially responsible for any damage to or loss of the golf cart during the rental period. This includes damage from collisions, rollovers, hitting curbs, misuse, or vandalism/theft while in the Client’s possession. The causes of damage for which the Client is liable include but are not limited to: fire, theft, collision, overturning, water damage (for example, driving in deep water or leaving it out in heavy rain if not designed for that), and misuse/abuse (such as overloading the cart or taking it into inappropriate terrain). If the cart is damaged, the Client’s credit card on file will be charged for the cost of repairs or replacement. Klein’s will notify the Client of the charges and provide a statement of damages.
Prohibited Uses: The Client agrees not to alter the cart in any way (no stickers, no removing parts, no customizations). The Client also must not use the cart for racing, towing, or any stunt-like activities. The cart should not carry more passengers than it has seats, and all passengers should be seated (no standing on the back or hanging off the side). Operating the cart under the influence of alcohol or drugs is strictly prohibited. Any violation of these rules can result in immediate termination of the rental and removal of the cart, with no refund. The Client will also be responsible for any resulting damages or fines.
Maintenance for Long-Term Rentals: If the Client is renting the golf cart for an extended period (e.g., monthly), the Client is responsible for basic routine checks. For electric carts: the Client should monitor battery levels and recharge as needed, and for carts with refillable battery water, the Client should check water levels periodically (Klein’s will provide instructions) – failure to maintain the batteries could cause damage for which the Client is liable. For gas carts: the Client should ensure the cart has fuel and periodically check the oil level if the rental exceeds a couple of weeks. Klein’s will service the cart as needed for longer rentals, but the Client must alert Klein’s if any maintenance light comes on or if the cart starts to operate abnormally.
Klein’s Not Liable for Downtime: If the golf cart malfunctions or becomes unusable through no fault of the Client, Klein’s will attempt to repair or replace it in a timely manner. However, Klein’s is not liable for any delays or losses the Client incurs due to not having use of the cart (similar to the general liability waiver). Klein’s will not charge the Client for time the cart was non-operational due to mechanical failure (and will refund or credit rental fees for that period if appropriate), but no other compensation will be provided.
Indemnification and Legal Compliance: The Client agrees to indemnify Klein’s for all losses or injuries arising from the operation of the cart. This includes indemnity against any third-party claims if, for example, the Client injures someone or damages property while driving the cart. The Client is also responsible for complying with all laws and regulations regarding cart usage (for example, local rules on where carts can be driven, or any required permits in certain communities). If the Client is involved in any legal matters (accidents, tickets, impoundments) related to the golf cart, they must notify Klein’s immediately and are responsible for handling all legal consequences. The Client will also cover any costs to Klein’s arising from such incidents (like retrieval of an impounded cart or legal fees).
Late Return & Unreturned Cart: If the Client fails to return the golf cart at the agreed time and has not arranged an extension, additional charges will apply. Klein’s may charge an extra day’s rental for each day or portion thereof that the cart is late, and if the cart is not returned and the Client is unresponsive, Klein’s may consider it stolen and involve law enforcement. Any costs associated with recovering the cart will be charged to the Client. If legal action is necessary to retrieve the cart or collect payment, the Client agrees to pay Klein’s attorneys’ fees and costs.
Rate Adjustments for Overdue Payments: If the rental was on credit terms (which is rare; typically payment is upfront), any late payment may incur interest or late fees. For example, if by special arrangement a balance was to be paid after the rental and the Client delays payment, Klein’s reserves the right to charge additional fees or interest as permitted by law.
Liability Waiver: The Client, as part of the general waiver above, specifically waives any claims against Klein’s for any injury or damage the Client or passengers may experience during the rental period. The Client acknowledges that operating a golf cart carries risks (similar to driving any motor vehicle), and they assume full responsibility for those risks.
Additional Fees: The Client agrees to specific fees such as a $75 cleaning fee if the cart is returned excessively dirty or with stickers/adhesives that need removal (each sticker removal is $75), and a $75 fee per key for any golf cart key not returned. These fees will be charged to the payment on file if applicable.
Return Location: The golf cart must be returned to the designated drop-off point or pickup location agreed upon. If the Client leaves the cart in a different location without authorization, the Client will be responsible for any retrieval costs and an additional fee for unauthorized location drop-off.
General Compliance: All terms in the main body of the Klein’s Terms and Conditions (like Security Deposit, Damage and Loss, Weather Liability, etc.) also apply to golf cart rentals. This section is meant to highlight certain specific conditions. In case of any conflict between general terms and this section for golf carts, this section will govern matters specifically related to golf carts.
General Provisions
Entire Agreement: This Terms and Conditions document (including any addenda for specific services or equipment) represents the entire agreement between Klein’s and the Client with respect to the subject matter. It supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties regarding the rentals or services provided by Klein’s. The Client acknowledges that no verbal or other written assurances, promises, or agreements outside of this document are binding.
Amendments: Any amendment or modification to this Agreement must be made in writing. In most cases, changes will be communicated by Klein’s (for example, updated terms posted on the website or sent via email). Both parties (Klein’s and the Client) must consent to any material changes affecting the Client’s rights or obligations if the change is to apply to an existing reservation. However, changes in terms will typically apply to future reservations. Klein’s reserves the right to update these Terms and Conditions from time to time (as detailed in the “Contract Modifications” section below). Use of services after an update constitutes acceptance of the new terms.
Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be interpreted in a way to best accomplish its intent to the fullest extent permitted by law, and if necessary deemed severed from the Agreement. The remaining provisions of the Agreement will remain in full force and effect and shall not be affected by the invalidation of one clause.
No Waiver: If Klein’s at any time chooses not to enforce any provision of this Agreement or grants any leniency or extension to the Client, it does not mean that Klein’s is waiving its right to enforce that provision in the future. No waiver by Klein’s of any breach or default by the Client shall be deemed a waiver of any other provision or of any subsequent breach of the same provision. Klein’s can still insist on strict compliance at a later time.
Governing Law and Jurisdiction: This Agreement is governed by the laws of the State of Florida. In the event of any dispute or legal action between Klein’s and the Client arising out of or relating to this Agreement or the rental/services, such dispute shall be resolved in the appropriate courts of Florida, and the Client consents to the jurisdiction of those courts. (If the Client is renting within Florida, typically the venue would be in the county where Klein’s is based or where the rental occurred, as determined by Klein’s.) Any claim or action must be brought within the time period prescribed by applicable law.
Headings: The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect. They are intended to make the document easier to read.
Contract Modifications by Klein’s
Klein’s reserves the right to modify or update these Terms and Conditions at any time. Any such modifications will typically be made in writing and, for existing reservations, Klein’s will provide notice to the Client of significant changes. The Client is responsible for reviewing the most current Terms and Conditions (available on Klein’s website or upon request). Continued use of Klein’s services or equipment after any modifications to the Terms and Conditions constitutes the Client’s acceptance of the revised terms. If the Client does not agree to any updated term, they must notify Klein’s and may need to discontinue the service or cancel the reservation (cancellation policies would still apply). For transparency, Klein’s will maintain a “last updated” date on the Terms and Conditions. Minor edits (for clarity or grammar) that do not change the meaning of the terms may not be specifically communicated, but material changes affecting Client obligations or rights will be highlighted to Clients whenever possible.
Klein’s Right to Refuse or Cancel Orders
Klein’s strives to fulfill every order and provide excellent service, but reserves the right to refuse, cancel, or modify any reservation or order under certain circumstances, including:
Pricing Errors: In the event that a product or service is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information, Klein’s has the right to refuse or cancel any orders placed for that item. This is the case even if the order has been confirmed and the Client’s payment method charged. Klein’s will contact the Client to inform them of the error. The Client will have the option to proceed with the order at the correct price (if possible) or to cancel the order. If the order is canceled due to a pricing error, Klein’s will issue a full refund of any amounts charged.
Scheduling Conflicts or Overbooking: If the Client’s requested dates or items are not actually available (for example, due to an inventory miscount or double booking of an item), Klein’s may need to refuse or cancel the reservation. Klein’s will inform the Client as soon as the conflict is discovered and will try to offer an alternative solution, such as different available dates or substitute items (of similar functionality). If no suitable alternative is available, a full refund will be given.
Service Capacity Limits: During extremely busy periods, Klein’s may reach its capacity for deliveries or services on a given day. If accepting additional orders would jeopardize the quality of service to existing Clients, Klein’s reserves the right to refuse new orders for that day or window. The Client will be informed if their order cannot be accepted or must be modified due to capacity issues, and any payment collected will be refunded if the order is canceled.
Inventory Shortages and Substitutions: If an item reserved by the Client becomes unavailable due to damage, late return from a previous client, or any other reason outside of Klein’s control, Klein’s may substitute an item of comparable type and quality, if available, or remove that item from the order. Klein’s will notify the Client of the situation: if a substitution is offered, the Client can choose to accept the substitute or decline it. If declined or if no substitute is available, Klein’s will refund any fee for that specific item. (If the item was part of a package deal, Klein’s will offer a fair partial refund or credit for the missing item.)
Client Information Issues: Klein’s may refuse service if the Client fails to provide complete, accurate, and verifiable information during the reservation process. For example, if the contact information, delivery address, or payment details are erroneous or fraudulent, or if the Client does not respond to communications needed to confirm details, Klein’s might cancel the order.
Non-Compliance or Previous Violations: Klein’s reserves the right to refuse service to any person or entity who has a history of violating Klein’s terms or policies. For instance, if a Client has previously damaged equipment without restitution or has caused serious issues, Klein’s may decline to accept new orders from that Client. Additionally, if during the current order process the Client indicates an unwillingness to follow the Terms and Conditions (e.g., refuses to agree to safety instructions, or cannot secure a necessary permission for setup on a property), Klein’s may cancel the order.
Force Majeure – Unforeseen Events: Klein’s may cancel reservations due to circumstances beyond its control, such as natural disasters (hurricanes, floods, etc.), acts of government, strikes, epidemic outbreaks, or other extreme events that make it impossible or unsafe to fulfill the order. In such cases, Klein’s will endeavor to notify Clients as soon as possible and will provide a full refund for any services not provided (or the Client can opt to reschedule if feasible).
Operational Disruptions: If there are internal issues (for example, vehicle breakdowns, power outages at the warehouse, sudden staff shortages, or technical system failures) that prevent Klein’s from delivering on time or at all, Klein’s may need to cancel or adjust orders. Klein’s will communicate the issue and, if necessary, issue appropriate refunds or new arrangements.
Client Notification and Resolution: In any case where Klein’s must refuse or cancel a reservation, Klein’s will make reasonable efforts to contact the Client promptly using the information provided. Refunds for any prepaid amounts will be processed in a timely manner (typically back to the original payment method). If an order needs modification (e.g., substitute items or date changes), Klein’s will work with the Client to adjust the order to their satisfaction if possible. The Client will not be charged any penalty for cancellations or modifications initiated by Klein’s (aside from the charges for any services/products that were actually provided up to that point, if applicable).
These rights to refuse or cancel are exercised only in necessary cases – Klein’s values every order and will do its best to honor commitments made, but must account for errors and unforeseen issues as described above.
Weather-Related Events and Liability
Florida weather can be unpredictable and sometimes extreme. The Client acknowledges the following terms regarding weather-related risks:
No Liability for Weather Damage: Klein’s is not liable for any damage or loss caused by natural weather events such as hurricanes, tropical storms, severe thunderstorms, lightning strikes, high winds, floods, or similar acts of nature. This includes damage to the rental equipment itself and any damage the rental equipment may cause to the Client’s property or others’ property due to such weather events. For example, if a storm knocks over a rented item and it damages a fence, or high winds cause an item to collide with a person or property, the Client (and/or their own insurance) must cover these losses. The Client should take all reasonable precautions to secure or protect the rented items if severe weather occurs unexpectedly.
Client Responsibility for Equipment in Storms: If a forecast indicates severe weather (such as a hurricane warning or similar), the Client is responsible for contacting Klein’s at least 48 hours in advance of the event’s expected impact to discuss options for securing or early pickup of the rental equipment. Klein’s may offer an early pickup (to remove items before the storm) subject to the availability of crews and resources. There will be an early pickup fee of $350 if arranged with at least 48 hours notice prior to the event. If the request for early pickup is made closer (within 24 hours of the event), a higher fee of $600 will apply due to the difficulty of last-minute scheduling. These fees cover the extra labor and logistics for safely retrieving items under time pressure. The Client’s payment method on file will be charged these fees when early pickup is executed.
Klein’s Right to Decline Early Pickup: In some extreme cases, Klein’s may not be able to accommodate all early pickup requests (for instance, if a hurricane is coming sooner than expected or too many locations to service in limited time). Klein’s reserves the right to decline an early pickup due to safety concerns for its staff or other practical limitations. If an early pickup cannot be done (whether because Klein’s declined or because the Client did not request in time), the Client remains fully responsible for the care of the equipment and any consequences during the weather event. Any damage to the rental items caused by the weather will be the Client’s liability, and if the items become missing or destroyed, the Client will be charged the full replacement value. Similarly, the Client is responsible for any damage or injury the items might cause in such scenarios (for example, a loose item hitting a person or object).
No Refunds for Weather Interruptions: Klein’s does not provide refunds for time unused due to inclement weather. If the Client decides to stop using an item early or Klein’s picks up items early for safety, the rental fees remain earned based on the original agreement. (Clients may have travel insurance or other policies to cover trip interruptions due to weather if concerned.) The rationale is that Klein’s has reserved that equipment and time for the Client, and weather risk is inherently assumed by the Client in this region.
Damage to Client’s Property: The Client should understand that some equipment (like outdoor tents, canopies, Sukkahs, etc.) could potentially cause damage to the property (e.g., scratching a patio or blowing against a window) if weather turns bad. While Klein’s isn’t liable for such damage, the Client is urged to take preventative measures when possible, such as moving items to sheltered locations if severe weather is anticipated (as long as it’s safe to do so). If an item is small enough to bring indoors when not in use and a storm looms, that is advisable.
Post-Storm: After a weather event, the Client should inspect the rental items (if it’s safe) and promptly report to Klein’s if any items are missing or significantly damaged. This can assist in claims or recovery efforts. If the Client fails to report and items are found missing/damaged later, the Client may be presumed responsible if the timeline is unclear.
Indemnification for Weather-Related Incidents: The Client agrees to indemnify Klein’s for any claims or liabilities arising from weather-related incidents. For instance, if a neighbor makes a claim that the Client’s rented item damaged their property during a windstorm, the Client will handle that claim and protect Klein’s from involvement or expense.
Klein’s Operational Discretion: Klein’s may choose to delay deliveries or pickups if weather conditions present immediate risk (e.g., lightning storms or active hurricane warnings at that time). In such cases, Klein’s will resume service as soon as practical, and the Client will be informed of any schedule adjustments. These delays will not constitute a breach of contract by Klein’s, given they are for safety.
By understanding this weather clause, the Client acknowledges that they are in the best position to know and manage the conditions at the rental location and that they will not hold Klein’s responsible for acts of nature. The Client should have their own insurance or plans to mitigate such risks as needed.
Acceptance of Terms
By agreeing to these Terms and Conditions, or by placing an order for any rental item or service from Klein’s (whether via online checkout, phone order, or in-person), the Client acknowledges that they have read and understood this entire Agreement and agree to be bound by all its provisions. This includes all general terms and any additional terms specific to certain rentals or services that apply to the Client’s order. Acceptance is effective as soon as the Client indicates assent (such as clicking “I agree” online or signing a contract, or even through the act of completing a reservation or taking delivery of items, which signifies acceptance of the terms provided).
If someone places an order on behalf of another person or group, that person is representing that they have the authority to bind the end-user(s) to these terms, and the end-user(s) will also be considered to have accepted these terms by utilization of the rented items or services.
These Terms and Conditions are governed by the laws of Florida (as stated above under Governing Law). The Client agrees that any questions of interpretation or disputes will be handled in accordance with those laws and in the specified forums.
If the Client does not agree with any part of these Terms and Conditions, they should not proceed with the reservation or use of Klein’s rentals/services. It is the Client’s responsibility to ask any clarifying questions before agreeing. Klein’s is available to answer questions or discuss modifications (if mutually agreeable) to the standard terms prior to booking. However, once booked or once an order is placed, these terms are considered accepted and in force.
For reference or concerns regarding privacy and data handling, Clients may view the Privacy Policy (available on Klein’s website) to understand how personal information is collected and used in the course of business.
By moving forward with a rental or service order, the Client is affirmatively stating that they accept all above terms. Klein’s looks forward to providing quality service under these agreed conditions.