Tents and Structures in Select Event Group, Inc.’s (“Select”) inventory, and referenced below, are compliant with IBC 2021 for wind speeds, uplift, and gust speeds when anchored according to the guidelines provided. Tents and structures are not to be used as refuge during wind or storm events. Structures and Tents offer no protection from moving objects, which include, but are not limited to trees, branches, tables, signage, and debris. The following condition must be met for the safety of the event guests and personnel, as well as the tent and structure when high winds are predicted.

Timing is a critical factor in decision-making around wind events. If there is time before the winds arrive, tents can be deconstructed as necessary per the following guidelines. Once the wind is in effect, and at or approaching the thresholds listed below, no one should attempt to adjust or handle the tents or structures until the winds have calmed and it is safe. After a wind event, prior to any inspection, repair, or cleanup, a safety assessment must be completed so that no one is under the tents or structures if they are compromised. After a wind event you should promptly consult with Select to determine the best course of action and, in the event of structural damage, consult Select and a partner engineering firm to determine the best way to handle post-wind solutions.

WIND AND GUSTS >30 MPH

If wind speeds or gusts are predicted to reach or exceed 30 MPH, Fiesta, Fiesta Plus, and Century Frame/High Peak Tents are to be evacuated. If safe to do so, any vinyl sidewall should be opened and secured or removed entirely. The goal is to minimize any trapped air (sail effect) in the tents. A fully enclosed tent or a fully opened tent is the best way to do this. If safe to do so, Fiesta, Fiesta II Plus, and Century Frame Tents are to be deconstructed or additionally secured. Any objects onsite should be secured or stored to prevent the wind from affecting. No one should be near these tents during these winds.

WIND AND GUSTS >40 MPH

If wind speeds or gusts are predicted to exceed 40 MPH, all Structures are to be evacuated. If safe to do so, any vinyl sidewall should be opened and secured or removed entirely. The goal is to eliminate any trapped air (sail effect) in the tents. A fully enclosed tent/structure or a fully opened tent/structure are the best way to do this. No structural action needs to be taken for a correctly installed structure at these wind speeds. Any objects onsite should be secured or stored to prevent the wind from affecting. No one should be near these tents during these winds.

If time allows and it is safe, we recommend removal of all vinyl and accessories from all non-structure/Navitrac/Century tents when these winds are forecasted. This applies to Fiesta, Fiesta Plus and Century Frame/High Peak tents.

WIND AND GUSTS >70 MPH

If any wind or gusts are predicted to exceed 70 MPH, and it is safe to do so, all Century or Navitrac tents are to be deconstructed and removed from site. All sidewalls are to be removed and stored. Structure tents should be additionally secured and if possible, vinyl tops should be removed. No one should be near these tents during these winds.

**Using the information above, it is the responsibility of the event operator to handle evacuations and integration of this information into the broader event emergency action plan.

**For certain projects, Select works with engineers to establish a higher evacuation wind rating in our structures. This is done through techniques such as wind bracing, paneled wall systems, additional rafter support beams, and more. The guidance above is for our standard project approach and should be assumed accurate unless you have received a specific rating exception document.

The following terms shall apply to this Terms and Conditions of Sale and/or Services (“Agreement”).

Select Event Group, Inc., the lessor, shall be defined as “SELECT,” “Select Event Group,” or “Lessor.” The undersigned lessee shall be defined as “CUSTOMER,” “Client,” or “Lessee”.

Lessor hereby rents to Lessee, identified by their signature on this Agreement, the personal property (“Equipment”) described on the invoice accompanying this Agreement (“Invoice”) subject to all terms and conditions of Agreement. Lessee in consideration thereof, acknowledges and agrees as follows:

INSPECTION

Lessee acknowledges that they have personally inspected the Equipment, finds it suitable for their needs and in good condition, that they understand its proper use and agrees to inspect the Equipment prior to use and notify Lessor of any defects.

REPLACEMENT OF MALFUNCTIONING EQUIPMENT

If Equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify Lessor who will replace the Equipment with similar Equipment in good working order, if available. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise.

WARRANTIES

THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. There is no warranty that the Equipment is suited for Lessee’s intended use, or that it is free from defects.

HOLD HARMLESS AGREEMENT

Lessee agrees to assume the risks of, and hold Lessor harmless for, property damage and/or personal injuries, each and any other claim(s) of any kind caused by the equipment and/or arising out of Lessor’s negligence. Lessee shall indemnify, defend, and hold Lessor harmless from any claims of anyone for loss, injury and/or damage to their persons and/or property arising out of Lessee’s possession, use, maintenance and/or return of Equipment, including without limitation, legal fees and costs incurred in defense of such claim(s).

PROHIBITED USES

Use of Equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in illegal manner. (b) Improper, unintended use or misuse. (c) Use by anyone other than Lessee or their employees, without Lessor’s written permission. (d) Use at any location other than the address furnished Lessor without Lessor’s written permission.

ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT

Lessor may assign its rights under this Agreement without Lessee’s consent but will remain bound by all obligations herein. Lessee may not sublease or loan the Equipment without Lessor’s written permission. Any purported assignment by Lessee is void.

TIME OF RETURN

Lessee’s right to possession terminates on expiration of the rental period described on the Invoice and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence of this Agreement. Any extension must be mutually agreed upon in writing. Equipment returned late is subject to additional rental fees charged on a daily basis.

RETURN OF EQUIPMENT

At the termination of this agreement, Lessee shall return all the Equipment to Lessor’s premises during Lessor’s regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor’s regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee, Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor.

DAMAGED OR LOST EQUIPMENT

Lessee agrees to pay for any damage to or loss of Equipment, as an insurer, regardless of cause except reasonable wear and tear, while Equipment is out of the possession of Lessor. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost Equipment. Equipment damaged beyond repair will be paid for at its Replacement Cost when rented. Replacement Cost shall mean the retail replacement cost of the Equipment as determined by the Lessor in its sole and absolute discretion.

COLLECTIONS COSTS

Should this Agreement be referred to an attorney for collection, whether or not judgment has been confessed or suit has been filed, the Lessee shall pay all the Lessor’s reasonable costs, fees, and expenses, including reasonable attorneys’ fees, resulting from such referral and any attorney’s fees incurred in connection with this Agreement, including those incurred on appeal, post-trial, or in resolving the entitlement to or amount of an attorney’s fee award. Notwithstanding any judgment related to this Agreement, this fee-shifting provision shall not be merged into such judgment but shall survive the same and shall be binding and conclusive on the parties for all time. Post-judgment attorneys’ fees and costs incurred related to the enforcement of such judgment related to this Agreement, including those incurred on appeal, post-trial, or in resolving the entitlement to or amount of an attorney’s fee award shall be recoverable hereunder in the same or separate actions.

REPOSSESSION

Upon a failure to pay rent or other breach of this Agreement, Lessor may terminate this Agreement and take possession of and remove Equipment from wherever it is; this Agreement being an expressed license to enter anyone’s property to the same extent as the Lessee. The Lessor and its agents shall not be liable for any claims for damage or trespass arising out of the removal of the Equipment.

DISCLAIMER OF MANUFACTURE

Lessee agrees that Lessor is neither the manufacturer of the Equipment nor the agent of the manufacturer.

FUEL. FREIGHT & ENERGY PRICE ADJUSTMENT

Client acknowledges and agrees that Select’s quoted prices for freight, transportation, generator usage, and any other equipment or services requiring fuel are estimates only and subject to change based on then-current fuel prices. Freight pricing is based on the East Coast regional on-highway diesel price of $3.20 per gallon, as published by the U.S. Department of Energy. When the cost of diesel prices exceeds this level, Select reserves the right to adjust the Client’s pricing to reflect the increases in fuel, energy, or transportation costs occurring after contract execution. Any such price adjustment will be applied as a fuel or energy surcharge and itemized on the Client’s final invoice.

LOADING AND UNLOADING EQUIPMENT

If Lessor’s employees assist in loading or unloading the equipment, Lessee agrees to assume the risk of, and hold Lessor harmless for, any property damage or personal injuries, including damage or injuries attributable to the negligence of Lessor and its employees.

THEFT

Lessor, at its own discretion, may report as stolen all personal property not returned within the date listed in the “Date and Time Due in” section of the Agreement or if conditions and circumstances indicate theft before that time. Lessee agrees to pay for Equipment (at its Replacement Cost when rented) for all types of theft or mysterious disappearance.

ACCIDENT NOTIFICATION

Lessee will immediately notify Lessor in the event of any accident.

PAYMENT

Payment in full is required 2 business days prior to delivery for all orders, provided however that if payment is not paid when due, Lessor, at Lessor’s option, shall have right to charge Lessee’s credit card on file with Lessor for payment in full plus Lessor’s 4% credit card service charge. If Lessee has an established credit account with Lessor, then payment is required based on those credit account terms.

UNPAID INVOICES

Lessor, at its own discretion, may revert all charges to a daily rate if monthly statements or invoices are not paid on due dates.

OVERDUE ACCOUNTS

Accounts are due and payable at the termination of the rental period described on the Invoice. A service charge of 1.5% per month (18% per annum) may be assessed on all overdue accounts.

CANCELLATION

If Lessee cancels this Agreement within 2 days prior to the scheduled delivery date as identified on the Invoice, Lessee is subject to a cancellation fee equal to the amount cancelled or reduced. Lessor may, at its own sole discretion, waive cancellation fees. Lessee expressly authorizes Lessor to deduct the liquidated damages from any funds held on account, including without limitation, security deposit and/or rental charges.

SMS COMMUNICATION CONSENT

By signing this Agreement, you consent to receive SMS (text message) communications from Select Event Group related to your event services, including order confirmations, delivery coordination, and event reminders. Message frequency varies based on event activity. Message and data rates may apply. Consent to receive SMS messages is not a condition of purchase. You may opt out at any time by replying STOP. For assistance, reply HELP.

I hereby expressly confirm that I am duly authorized, by all actions necessary, by the Lessee, to execute and enter into this Agreement on behalf of the Lessee and do so with the Lessee’s express knowledge and consent.

Select Event Group (“Select”) hereby agrees to contract to Leesee (“Client”) the equipment and services described, beginning on page 1 above (collectively, the “Equipment”) in accordance with the terms and conditions contained here.

TITLE AND OWNERSHIP

The Equipment shall at all times be and remain the sole and exclusive property of Select and all decisions regarding the use and operation of the equipment shall be in the sole discretion of Select or its designated agent. Client shall have only the rights to use the Equipment in accordance with the terms and conditions of this agreement. It is expressly intended and agreed that the Equipment is personal property even though it may be affixed or attached to real estate. The Equipment shall not be removed from the place of installation without the express written permission of Select.

WEATHER-RELATED RISKS

Client assumes all weather-related risks involved in holding an outdoor, tent event. If any Equipment becomes unstable or unusable due to wind, snow, rain, flooding, extreme cold or heat, or for any other reason Client shall remain liable for payment in full of all charges under this agreement. Client agrees that Select has the right, without financial liability or penalty, to terminate or refuse to provide services, if, in the judgment of the Select representative, the safety of Select personnel or equipment, and/or the safety of the performers, production staff or audience is jeopardized by the venue or any other circumstances at the event. Select shall install all Equipment in accordance with standard industry practice and all applicable laws, rules, and regulations.

FUEL. FREIGHT & ENERGY PRICE ADJUSTMENT

Client acknowledges and agrees that Select’s quoted prices for freight, transportation, generator usage, and any other equipment or services requiring fuel are estimates only and subject to change based on then-current fuel prices. Freight pricing is based on the East Coast regional on-highway diesel price of $3.20 per gallon, as published by the U.S. Department of Energy. When the cost of diesel prices exceeds this level, Select reserves the right to adjust the Client’s pricing to reflect the increases in fuel, energy, or transportation costs occurring after contract execution. Any such price adjustment will be applied as a fuel or energy surcharge and itemized on the Client’s final invoice.

RISK OF LOSS OR DAMAGE

Client shall assume all risk of loss and damage including but not limited to any theft or loss or damage to the Equipment while it is in the Client’s possession, on Client’s premises, or located on a premises as directed by Client. Should any such loss or damage occur to the Equipment for any reason whatsoever, other than reasonable wear and tear, the Client shall pay Select an amount equal to the repair or full replacement cost of such damaged, missing, or stolen Equipment at the option of and upon demand by Select. Accrued rental charges shall not be applied against the cost of repair or full replacement cost of damaged, missing, or stolen Equipment. Client assumes the cost and responsibility for the use of any material that is subject to the protection of any intellectual property laws (including without limitation any patented, trademarked, copyrighted, licensed, or franchised material) that may be used or incorporated in any Client Event governed by the agreement; and Client agrees to indemnify Select and to hold Select harmless for any claims or costs, including attorney’s fees, that arise out of the use of any such material. Client acknowledges that he or she is fully responsible, at his or her own cost, for providing the electricity needed to properly operate the Equipment.

INSURANCE REQUIREMENTS

If so requested by Select, Client shall give Select additional insured to Client’s General Liability insurance policy(ies) along with a waiver of subrogation in