DISPUTE RESOLUTION PROCESS ("DRP") APPLICATION

 POLICY-DRP

03/27/22

POLICY-DRP is the dispute resolution/mediation/legal process/binding arbitration procedure agreed to by the RENTER and American Event Group (AEG) to understand and resolve issues and claims that may arise in any Event Order (EO) contract. The RENTER understands AEG is a multi-state business that may handle 20 or more significant events per week and that the specifics of any issue in one of those will not be known to AEG management without complete, fair and honest reporting and evaluation. Both PARTIES agree to fully honor their signed contract and abide by its terms with neither party making false or unreasonable claims outside the agreement.

The purpose of DRP is to provide fast dispute resolution at the least cost for all PARTIES. No specific dispute, issue or claim exists until DRP is initiated and no other contract term, cost or requirement is in dispute. Phase-1 DRP (DRP-1) is a review of the contract's warranty and the immediate application of the benefits it may provide. DRP-1 is done electronically with the PARTIES presenting and supporting their positions. DRP-2 is an in person discussion between the PARTIES where each side share any costs equally. If DRP-1 or DRP-2 does not satisfy either PARTY or if any PARTY requests, the process can be escalated to Phase-3 DRP (DRP-3). Depending upon the size and type of claim (see: POLICY-DRP) this is either Small Claims Court or binding arbitration with an Arbitrator from the American Arbitration Society. DRP-1 and DRP-2 have relatively short initiation (filing) periods, however, either party has up to 2 years from the EVENT DATE to initiate DRP-3.

Court or arbitrator fees are shared equally unless the non-prevailing party's action is determined frivolous or a party attempts to circumvent POLICY-DRP requirements - then that party pays all costs including any attorney, court and administrative costs of both parties. Circumventing DRP to use another process is likely more expense prohibitive to one party than the other, so all PARTIES have agreed only the DRP process shall be used. The personal jurisdiction, venue and governing law designated in the signed contract shall be used and shall not be changed.

DISSATISFACTION, UNHAPPINESS or DISAPPOINTMENT are not a "cause of action". As agreed in the contract, the USER is solely responsible for meeting all DUE DILIGENCE requirements given in the contract, including actually viewing and selecting the items they want in the local warehouse - not just ordering remotely. A rental company cannot know a RENTER's thoughts, expectations, opinions or feelings towards what they are renting and AEG is not an event planner or consultant. Choosing the wrong item, not correcting items if needs change or dissatisfaction, unhappiness or disappointment with an item or service is not reviewable or adjustable. You must specify an actual contract term that was not fulfilled for it to be reviewable.

SOMETHING WAS MISSING OR WENT WRONG SO I SHOULD GET A REFUND FOR EVERYTHING. This demand would actually be a contract default and potentially in violation of State law. As agreed in the contract "each RENTAL, LABOR or DELIVERY item is separate with no cause of action one upon the other" This means only the individual item(s) that were any issue can be reviewed and adjusted. No "inconvenience" or "consequential" damages can be considered. This was agreed to upfront and cannot be changed later because one or the other PARTY would like it.

FAILURE TO INSURE: The contract requires the USER to have insurance or waivers to cover all potential liabilities, losses, claims and property damages caused by weather, unanticipated acts and other. Should anything occur, all claims must be filed against this insurance. If the USER fails to obtain such insurance or waivers, no claim for liability, loss or damages must be filed against or paid solely by USER and the USER indemnifies AEG from all costs, including attorney and court costs.

FALSE ACTION and/or FRIVOLOUS CLAIM: Any party that makes demands or claims that: (1) are false (including claim that items other than that on the confirmed contract were ordered), (2) are contrary to the User's DUE DILIGENCE and affirmations of accuracy and suitability; (3) are contrary to the contract (including claim that items of higher or lessor grade than that on the confirmed contract were ordered) or (4) are significantly excessive of that provided in the agreement; shall be in FALSE ACTION default and deemed as having submitted a FRIVOLOUS CLAIM and will be  assessed the $100 fee provided in the agreement to cover costs. Be very truthful, fair and honest in your claims, this submission is used in Court processes. For the USER, FALSE ACTIONS include attempting to assign costs to AEG that you are contractually responsible for, attempting to retrieve labor costs that you contributed without prior CONSENT (defined as in writing), attempting to assign costs associated property, rentals, and services provided by you or others, making claims under the contract ERRORS provisions or ERRORS OFFSETS, making claims for cash refunds when an eCredit is due by contract or other items contrary to the contract provisions. The contract is very thorough and covers most every possibility. You have signed that you understand it and will follow it fully. To later believe and demand you deserve more or anything different than what is provided by the contract agreed is a FALSE ACTION.

CONTEMPT OF PROCESS: Any party that enters into DRP and then fails to abide by the process, its requirements  or its determinations or who then causes any additional default(s) shall be in default or multiple defaults of contract. In the case of communications or publications in violation of the contract T/C-18 NON-DISCLOSURE, TRADE SECRETS & NON-DISPARAGEMENT clause shall be in default of both T/C-18 and T/C-11 (DISPUTES) and shall pay all court, legal and administrative costs of the other party and all applicable default fees (2 defaults x $100 per day of default).  

DRP FOLLOWS THE CONTRACT AND ITS NO-FAULT WARRANTY IN DETERMINING FINDINGS.

For specifics, see the contract attachment:  POLICY-DRP (click HERE).

To review POLICY-WARRANTY (click HERE).


TIMELY INITIATION. The filing times and requirements given in POLICY-DRP (click HERE) must be followed.


"Pursuant to and as required by the contract ("EO") between Us (the "USER") and American Event Group, Inc. ("AEG"), I, the submitter as SIGNOR and PARTY to contract, request the dispute settlement via the DRP process given in [POLICY-DRP] and attached to the Agreement. We attest to and confirm the accuracy of the information provided below and agree to abide by the process and its determination(s)."

 

DATA PRIVACY PROTECTED

Please provide the following information:

Please avoid giving yahoo or similar email addresses - these web-based email systems often fail when we try to send you files. Also, make sure your email server doesn't reject mail from AMEREVENT.COM. KEEP the automatic response you receive upon sending this form as proof of submission, date and time.

YOUR FULL NAME (COMPLAINING PARTY):

A YOUR PERMANENT E-MAIL ADDRESS:

YOUR ORGANIZATION'S NAME:

THE 15-DIGIT EVENT (CONTRACT) # FOR YOUR EVENT:
NUMBERS ONLY (NO DASHES)

STREET ADDRESS:

DATE AND LOCATION OF EVENT:

CITY, STATE, ZIP CODE:

ORGANIZATION'S PHONE NUMBER:

PERSON IN CHARGE OF EVENT (IF NOT YOU):

THEIR EMAIL ADDRESS:

SELECT THE PROCESS YOU ARE INITIATING WITH THIS SUBMISSION:

DRP provides three progressive steps to resolve a dispute. Any contract SIGNOR, duly authorized representative of a non-person entity PARTY, previously designated USER AGENT or attorney of a PARTY may initiate DRP (a non-party, family member or agent may not). First is digital review, second is formal mediation and third is small claims / binding arbitration. For full information see the contract attachments: POLICY-DRP, POLICY-WARRANTY and TERMS

Below, please provide an honest and fair assessment of the reasons justifying your request for an adjustment. Please be accurate and concise. Misrepresentations, exaggerations and unsupported claims may be deemed unreliable and will not benefit your request. Please include as much of the following information (at a minimum):

  • The name or part number of the equipment you wish to be reviewed and adjusted,

  • the length of time the equipment was available for use during your event,

  • the length of time of your event,

  • if you provided and labor required by your event contract,

  • any equipment substitution or additional event time/days that was offered. Please provide reasoning why such was not used if offered, and

  • if CDW insurance was purchased (else your insurance must cover any weather and Acts of God).

Be sure to review the AGREEMENT TERMS AND CONDITIONS to avoid making a request outside the terms and conditions agreed to for labor and rental of property.

If this is a PHASE TWO or PHASE THREE initiation, you do not need to re-enter information already provided in an earlier phase.  YOU ARE LIMITED TO 2500 CHARACTERS (an internal processing error will be received if you exceed the form limit and you must then resubmit). Be concise and accurate. Extraneous, 3rd person, hearsay and/or  unsupported information or biasing comment is redacted before mediator review, so of no value.

 

CONFIRMATION (check this box). SUBMISSION ATTESTATION & SIGNATURE. I, the Complainant named above,  declare that I have examined this document (POLICY-DRP) including accompanying attachments and submissions, and to the best of my knowledge and belief, it is true, correct, and complete. I affirm I am SIGNOR of and a PARTY to the EO contract and authorized to make this request. I understand submitting a FALSE ACTION or FRIVOLOUS CLAIM (as defined herein) requires payment of review costs. By pressing "Send" below, I: (1) request mediation by the DRP process in accordance with POLICY-DRP and shall abide by its requirements and determinations and (2) attach my signature to this document and cause it to become an attachment to the contract ID# given above.

 

 

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CAREFUL!!!  IF YOU ENTER THE WRONG CAPTCHA YOUR REQUEST WILL BE DELETED AS SPAM. IT WILL NEVER BE SEEN....

Please press the "SEND REQUEST" button below to begin the DRP process.