By purchasing these rentals, you confirm you’ve read this waiver, understand it, and agree to its terms.
1.
Safe Installation Area:
You agree to visibly mark a specific area on your property where our team will install the Halloween tombstone display. This area must be free of all underground or surface-level obstacles.
2.
Disclosure of Hazards:
You confirm that the marked installation area is clear of all known hazards and property conditions, including but not limited to:
- Sprinkler systems
- Electrical or internet lines
- Septic systems
- Plumbing or irrigation pipes
- Invisible fencing or pet containment systems
- Landscape lighting wires, drains,
- Any other subterranean objects.
If no placement instructions or hazards are provided, you authorize Graves & Gourds to select an appropriate installation location based on our professional judgment and represent that you have no additional placement restrictions or known hazards to disclose.
3.
Assumption of Responsibility
You understand that Graves & Gourds is not responsible for any damage caused to unmarked, undisclosed, or improperly marked underground systems or objects. This includes, but is 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
You accept full responsibility for identifying and communicating any potential hazards on your property prior to installation.
4.
The customer agrees to provide reasonable access for retrieval at the conclusion of the rental period.
5.
Limitation of Liability
By renting from Graves & Gourds, you agree to release and hold harmless Graves & Gourds, its owners, and its installers from any liability for damage, injury, or loss that may occur as a result of:
Failing to accurately mark the installation area.
- Failing to disclose hazards or utilities.
- Inaccuracies in the marked location.
- Ordinary negligence during installation
6.
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.
7.
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
8.
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.
9.
Security Deposit & Damage
Renter agrees to pay the refundable $85 security deposit 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.
10.
Severability
If any part of this waiver is found unenforceable, the remaining sections will remain in effect.