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.
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