By purchasing these rentals, you confirm you have read this waiver, understand it, and agree to its terms.
1.
Installation Area & Placement Preferences:
Graves & Gourds tombstones are secured using rebar spikes that penetrate the ground approximately 10 inches. Customers may provide placement preferences before installation through order instructions, email, text, phone, or other direct communication with Graves & Gourds. Graves & Gourds will make reasonable efforts to accommodate preferences received before installation.
However, Graves & Gourds retains final discretion over the exact placement, spacing, orientation, and arrangement of the individual tombstones based on safety, ground conditions, accessibility, stability, appearance, and the practical requirements of installation.
If the customer has not provided placement instructions or restrictions before installation, Graves & Gourds is authorized to proceed without further contact and to select an appropriate installation location based on our professional judgment. The customer's absence at the time of installation does not prevent or delay installation.
Graves & Gourds tombstones are secured using rebar spikes that penetrate the ground approximately 10 inches. Customers may provide placement preferences before installation through order instructions, email, text, phone, or other direct communication with Graves & Gourds. Graves & Gourds will make reasonable efforts to accommodate preferences received before installation.
However, Graves & Gourds retains final discretion over the exact placement, spacing, orientation, and arrangement of the individual tombstones based on safety, ground conditions, accessibility, stability, appearance, and the practical requirements of installation.
If the customer has not provided placement instructions or restrictions before installation, Graves & Gourds is authorized to proceed without further contact and to select an appropriate installation location based on our professional judgment. The customer's absence at the time of installation does not prevent or delay installation.
2.
Disclosure of Hazards:
The customer agrees to disclose before installation any known underground or surface-level hazards that could be affected byinstallation of the tombstones, including but not limited to:
- Sprinkler or irrigation systems
- Electrical, internet, cable, or landscape-lighting wires
- Septic systems or related components
- Plumbing, drainage, or irrigation pipes
- Invisible fencing or pet-containment systems
- Underground tanks, conduits, drains, or similar structures
- Any other buried object or condition that could be damaged by installation.
The customer agrees to identify any areas where tombstones should not be placed because of known hazards or property conditions.
If no hazards or restricted areas are disclosed before installation, the customer represents that there are no additional known hazards or restrictions to disclose and authorizes Graves & Gourds to proceed with installation without further communication.
The customer agrees to disclose before installation any known underground or surface-level hazards that could be affected byinstallation of the tombstones, including but not limited to:
- Sprinkler or irrigation systems
- Electrical, internet, cable, or landscape-lighting wires
- Septic systems or related components
- Plumbing, drainage, or irrigation pipes
- Invisible fencing or pet-containment systems
- Underground tanks, conduits, drains, or similar structures
- Any other buried object or condition that could be damaged by installation.
The customer agrees to identify any areas where tombstones should not be placed because of known hazards or property conditions.
If no hazards or restricted areas are disclosed before installation, the customer represents that there are no additional known hazards or restrictions to disclose and authorizes Graves & Gourds to proceed with installation without further communication.
3.
Assumption of Responsibility
The customer understands that Graves & Gourds does not perform underground utility locating or inspection services.
Graves & Gourds is not responsible for damage to undisclosed, unmarked, or inaccurately identified underground systems, utilities, objects, or property conditions.
The customer also understands that normal installation and outdoor display may result in minor effects to the property, including but not limited to:
- Holes in the ground or disturbed soil
- Dead or damaged grass
- Staining or discoloration to lawns, driveways, patios, or porches from decorations or decomposing pumpkins
The customer accepts responsibility for identifying and communicating known hazards and installation restrictions prior to installation.
The customer understands that Graves & Gourds does not perform underground utility locating or inspection services.
Graves & Gourds is not responsible for damage to undisclosed, unmarked, or inaccurately identified underground systems, utilities, objects, or property conditions.
The customer also understands that normal installation and outdoor display may result in minor effects to the property, including but not limited to:
- Holes in the ground or disturbed soil
- Dead or damaged grass
- Staining or discoloration to lawns, driveways, patios, or porches from decorations or decomposing pumpkins
The customer accepts responsibility for identifying and communicating known hazards and installation restrictions prior to installation.
4.
Use of Rental Items & Supervision
Rental tombstones and other display items are decorative and are not designed for climbing, sitting, standing, leaning, hanging, moving, or other unintended use.
After installation, Graves & Gourds does not provide monitoring or supervision of the display and is not responsible for controlling how children, guests, patrons, or other persons interact with the rental items. The customer is responsible for reasonable supervision of persons on the property and for discouraging misuse of the display.
To the fullest extent permitted by applicable law, Graves & Gourds is not responsible for injury, loss, or damage resulting from misuse, unauthorized handling or movement, climbing on, sitting or standing on, or rough play on or around the rental items.
Rental tombstones and other display items are decorative and are not designed for climbing, sitting, standing, leaning, hanging, moving, or other unintended use.
After installation, Graves & Gourds does not provide monitoring or supervision of the display and is not responsible for controlling how children, guests, patrons, or other persons interact with the rental items. The customer is responsible for reasonable supervision of persons on the property and for discouraging misuse of the display.
To the fullest extent permitted by applicable law, Graves & Gourds is not responsible for injury, loss, or damage resulting from misuse, unauthorized handling or movement, climbing on, sitting or standing on, or rough play on or around the rental items.
5.
The customer agrees to provide reasonable access for retrieval at the conclusion of the rental period.
6.
Limitation of Liability
By renting from Graves & Gourds, you agree, to the fullest extent permitted by applicable law, to release and hold harmless Graves & Gourds, its owners, and its installers from liability for damage, injury, or loss that may occur as a result of:.
- Failing to disclose known hazards or utilities.
- Failing to identify areas where installation should not occur.
- Inaccuracies in information or markings provided by the customer.
- Damage to undisclosed, unmarked, or improperly identified underground systems or objects.
- Misuse, unauthorized handling or movement, climbing on, sitting or standing on, or rough play on or around rental items after installation.
- Ordinary negligence during installation.
By renting from Graves & Gourds, you agree, to the fullest extent permitted by applicable law, to release and hold harmless Graves & Gourds, its owners, and its installers from liability for damage, injury, or loss that may occur as a result of:.
- Failing to disclose known hazards or utilities.
- Failing to identify areas where installation should not occur.
- Inaccuracies in information or markings provided by the customer.
- Damage to undisclosed, unmarked, or improperly identified underground systems or objects.
- Misuse, unauthorized handling or movement, climbing on, sitting or standing on, or rough play on or around rental items after installation.
- Ordinary negligence during installation.
7.
What This Waiver Does Not Cover
This waiver does not release Graves & Gourds from liability for gross negligence, willful misconduct, or any other legal responsibilities that cannot be waived under applicable law.
This waiver does not release Graves & Gourds from liability for gross negligence, willful misconduct, or any other legal responsibilities that cannot be waived under applicable law.
8.
Agreement Confirmation
By submitting your order, you affirm that:
- You have read and understood this waiver in full
- You accept all terms stated herein
- You agree that this waiver is binding for the duration of your rental period
By submitting your order, you affirm that:
- You have read and understood this waiver in full
- You accept all terms stated herein
- You agree that this waiver is binding for the duration of your rental period
9.
Governing Law & Venue
This agreement is governed by the laws of Rhode Island, and any disputes will be handled exclusively in the courts of Newport County, Rhode Island.
This agreement is governed by the laws of Rhode Island, and any disputes will be handled exclusively in the courts of Newport County, Rhode Island.
10.
Security Deposit & Damage
Where applicable and as shown at checkout, tombstone rental orders include a refundable $85 security deposit. The deposit does not apply to pumpkin-only rentals or to any order for which no security deposit is shown at checkout. The security deposit is intended to cover the replacement cost of rental tombstones that are lost, stolen, destroyed, or significantly damaged during the rental period. Following retrieval and inspection of the rental items, Graves & Gourds may, in its reasonable discretion, retain part or all of the security deposit if rented items show Significant Damage (including, but not limited to, cracks, breaks, deep chips, bent spikes, permanent staining, loss, or theft) or require excessive cleaning, repair, or replacement. Normal outdoor wear, including minor scuffs, light soil, and ordinary weathering including loss of faux lichen, is not considered Significant Damage. Any remaining portion of the security deposit will be refunded after inspection.
Where applicable and as shown at checkout, tombstone rental orders include a refundable $85 security deposit. The deposit does not apply to pumpkin-only rentals or to any order for which no security deposit is shown at checkout. The security deposit is intended to cover the replacement cost of rental tombstones that are lost, stolen, destroyed, or significantly damaged during the rental period. Following retrieval and inspection of the rental items, Graves & Gourds may, in its reasonable discretion, retain part or all of the security deposit if rented items show Significant Damage (including, but not limited to, cracks, breaks, deep chips, bent spikes, permanent staining, loss, or theft) or require excessive cleaning, repair, or replacement. Normal outdoor wear, including minor scuffs, light soil, and ordinary weathering including loss of faux lichen, is not considered Significant Damage. Any remaining portion of the security deposit will be refunded after inspection.
11.
Custom Inscription Approval:
Graves & Gourds reserves the right to approve or decline any requested custom inscription. If an inscription cannot be approved and we are unable to agree on acceptable alternative wording, the custom tombstone order will be canceled and the amount paid for that order will be refunded.
Graves & Gourds reserves the right to approve or decline any requested custom inscription. If an inscription cannot be approved and we are unable to agree on acceptable alternative wording, the custom tombstone order will be canceled and the amount paid for that order will be refunded.
12.
Severability
If any part of this waiver is found unenforceable, the remaining sections will remain in effect.
If any part of this waiver is found unenforceable, the remaining sections will remain in effect.
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