Complete legal agreement for Tailgate2Go equipment rental and services.
Tailgate2Go is a registered assumed business name (DBA) operated by PDC Directional Drilling and Utilities, LLC, a Texas limited liability company. All references to "Tailgate2Go" shall include PDC Directional Drilling and Utilities, LLC, its owners, officers, employees, contractors, affiliates, successors, assigns, and agents.
These Terms and Conditions constitute the entire agreement between Customer and Tailgate2Go and supersede all prior verbal, written, electronic, or implied communications, representations, understandings, or agreements.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. Customer consents to exclusive jurisdiction and venue in Dallas County, Texas.
Any dispute arising from this agreement shall first be addressed through informal negotiation. If unresolved within thirty (30) days, all disputes shall be resolved exclusively through binding arbitration in Dallas County, Texas under the rules of the American Arbitration Association. Customer waives any right to jury trial, litigation, or participation in class action proceedings.
In any dispute arising from this agreement, the prevailing party shall be entitled to recover reasonable attorney fees, arbitration costs, court costs, collection costs, and related legal expenses.
If any provision of this agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Acceptance of these Terms and Conditions is a mandatory condition of booking, payment, delivery, setup, rental, possession, or use of any equipment or services provided by Tailgate2Go.
Customer acknowledges that checking any acceptance box, submitting payment, signing electronically, clicking "I Agree," or otherwise proceeding with a booking constitutes a legally binding electronic signature and acceptance of these Terms and Conditions.
Customer acknowledges having adequate opportunity to read, review, understand, and ask questions regarding these Terms and Conditions prior to acceptance.
Customer acknowledges that acceptance of these Terms and Conditions is voluntary and made without coercion or reliance upon statements not expressly contained herein.
Customer acknowledges that failure to read these Terms and Conditions does not relieve Customer of any obligations, liabilities, waivers, releases, or responsibilities contained herein.
Customer acknowledges that they are not relying upon any verbal statements, advertisements, social media posts, estimates, marketing materials, website statements, or representations not expressly stated within this written agreement.
All waivers, releases, indemnifications, payment obligations, arbitration provisions, limitations of liability, intellectual property protections, and related provisions contained herein shall survive termination, cancellation, return of equipment, or completion of the rental period.
Customer accepts these Terms and Conditions on behalf of themselves, guests, participants, invitees, family members, employees, agents, attendees, and all individuals using or interacting with rented equipment during the rental period.
Customer is solely responsible for the accuracy of all booking information, including dates, times, addresses, venue details, access instructions, and contact information. Customer remains liable for all rental fees, delivery fees, labor charges, setup costs, and associated expenses regardless of booking errors, customer mistakes, venue restrictions, or event changes.
Customer acknowledges that all delivery and setup times are estimates and may vary due to traffic, venue access, weather, parking limitations, security checkpoints, road conditions, stadium congestion, or operational factors beyond Tailgate2Go's control.
Customer shall provide safe and reasonable access for delivery vehicles, trailers, carts, and setup personnel. Additional charges may apply for stairs, elevators, excessive walking distances, restricted access, difficult terrain, delays, or unusual setup conditions.
Customer is solely responsible for ensuring compliance with all venue rules, stadium policies, HOA regulations, permits, parking requirements, fire codes, and local ordinances related to the rental and use of equipment.
Standard Cancellation Fees: (1) 8 or more days before event: $50 cancellation fee plus recovery of all credit card fees collected, or reschedule within 90 days for a $50 rescheduling fee. (2) 7 days to 49 hours before event: 25% cancellation fee plus recovery of all credit card fees collected, or reschedule within 90 days for a $50 rescheduling fee. (3) 48 hours to 6 hours before event: 50% cancellation fee plus recovery of all credit card fees collected, or reschedule within 90 days for a $50 rescheduling fee. (4) Less than 6 hours before event: No refund; reschedule option only for a $50 rescheduling fee within 90 days. (5) No-show: No refund and no reschedule option. Credit card processing fees are recovered at all cancellation tiers. All requests must be submitted via email to support@tailgate2go.com BEFORE service team arrival and must include: party name, venue address, venue location, total booking amount, and requested action. Rescheduling Option: Customers may reschedule to a different date within 90 days for a one-time $50 rescheduling fee (available for cancellations between 8 days and 6 hours before event). Only one reschedule is permitted per booking. After service team arrival: No refunds or rescheduling available. Weather & Force Majeure Backup: Tailgate2Go reserves the right to suspend, modify, delay, or cancel services due to unsafe weather, hazardous conditions, equipment safety concerns, government restrictions, or circumstances that may jeopardize safety. Customer remains responsible for all non-refundable operational, preparation, delivery, and staffing costs already incurred. Tailgate2Go shall not be held liable for weather-related interruptions, delays, venue restrictions, force majeure events, or circumstances beyond reasonable control.
Tailgate2Go shall not be liable for delays, interruptions, or failures in performance resulting from causes beyond its reasonable control, including severe weather, natural disasters, acts of God, war, terrorism, pandemics, labor shortages, venue restrictions, traffic conditions, utility failures, equipment shortages, or government actions.
Customer acknowledges that all equipment has been inspected and accepted in good working condition at the time of delivery unless defects, damage, missing items, or operational issues are reported immediately at the time of delivery. To report an issue, Customer must email with the subject line "Equipment Inspection Issue or Problem," including a detailed description of the issue and clear photographic evidence attached to the email. Failure to provide such notice and documentation at the time of delivery constitutes full acceptance of the equipment as delivered.
Unless specifically contracted in writing, Tailgate2Go does not provide supervision, operation, monitoring, or management of rented equipment. Customer assumes full responsibility for supervision and safe operation.
No person under the age of 18 shall operate, ignite, supervise, or otherwise be responsible for any grill or cooking equipment at any time.
Customer acknowledges that grills, tailgating equipment, generators, coolers, tables, chairs, cooking equipment, electrical equipment, transportation equipment, and related rental items involve both known and unknown risks, including hidden or unforeseen hazards.
Customer acknowledges that grills and cooking equipment involve open flames, heated surfaces, smoke, grease, propane, pellets, electricity, fuel sources, and fire hazards. Customer assumes all risks associated with their use, handling, storage, transportation, and operation.
Tailgate2Go is an equipment rental provider and does not guarantee food preparation standards, food safety, allergen protection, proper cooking temperatures, sanitary food handling, or food quality unless specifically contracted in writing as a staffed catering service.
Customer assumes full responsibility for all alcohol consumption, intoxication, injuries, damages, conduct, legal compliance, and alcohol-related incidents occurring during the rental period.
Customer is solely responsible for all damage to equipment during the rental period, including damage caused by negligence, misuse, theft, vandalism, weather exposure, improper storage, transportation, venue restrictions, or unauthorized use. Damage charges may be assessed at up to 150% of retail replacement cost plus associated labor, transportation, cleaning, administrative, and operational expenses.
Customer remains fully responsible for all rented equipment from the time of delivery until retrieval by Tailgate2Go and assumes liability for theft, vandalism, disappearance, loss, or damage occurring during the rental period.
Equipment returned excessively dirty, greasy, smoke-damaged, stained, containing trash, or requiring abnormal cleaning, restoration, or disposal may incur additional cleaning, labor, restoration, transportation, and disposal fees.
Customer shall not sublease, transfer, relocate, modify, tamper with, misuse, reverse engineer, or permit unauthorized commercial use of rented equipment without prior written consent from Tailgate2Go.
Tailgate2Go reserves the right to refuse setup, suspend service, terminate rentals, or retrieve equipment without refund if conditions are deemed unsafe, including intoxication, illegal activity, aggressive behavior, fire hazards, misuse of equipment, unsafe weather, unsafe venue conditions, or threats to staff safety.
Customer authorizes Tailgate2Go to charge the payment method on file for damages, theft, excessive cleaning, fuel replacement, missing items, late return, unauthorized relocation, unpaid balances, administrative fees, collection costs, or violations of these Terms and Conditions.
Customer agrees not to initiate chargebacks or payment disputes for valid charges arising under this agreement. In the event of a wrongful chargeback, Customer remains liable for all unpaid amounts, collection costs, attorney fees, arbitration fees, administrative expenses, and related damages.
Customer agrees to pay all attorney fees, arbitration costs, court costs, collection agency fees, administrative costs, and related expenses incurred by Tailgate2Go in recovering unpaid balances or enforcing this agreement.
Customer assumes all risks associated with the rental, setup, delivery, transportation, possession, and use of equipment and agrees that Tailgate2Go and PDC Directional Drilling and Utilities, LLC shall not be liable for any injury, death, illness, fire, loss, theft, or property damage arising from use of the equipment.
Customer agrees to indemnify, defend, and hold harmless Tailgate2Go and PDC Directional Drilling and Utilities, LLC from and against any and all claims, damages, liabilities, losses, costs, expenses, attorney fees, arbitration fees, court costs, and demands arising out of Customer's use of the equipment or violation of these Terms and Conditions.
Tailgate2Go's total liability under these Terms and Conditions shall not exceed the total rental fees actually paid by Customer. Tailgate2Go shall not be liable for indirect, incidental, punitive, special, consequential, or lost profit damages.
Customer acknowledges that Tailgate2Go operates as a commercial equipment rental and event service business and that fees are earned upon reservation, scheduling, equipment allocation, logistical preparation, transportation planning, staffing, and operational commitment.
All refunds, credits, discounts, rescheduling accommodations, or goodwill adjustments are granted solely at the discretion of Tailgate2Go unless otherwise stated in writing.
Tailgate2Go reserves the unrestricted right to refuse service, delivery, setup, rental, or continued operations to any individual or event for safety, operational, legal, behavioral, reputational, financial, or business reasons.
Tailgate2Go reserves the right to correct pricing errors, technical malfunctions, booking inaccuracies, inventory discrepancies, software errors, or website-related errors prior to fulfillment.
Customer agrees that electronic signatures, digital approvals, online acceptance, checkbox acknowledgments, text confirmations, email confirmations, and electronic communications constitute legally binding acceptance of these Terms and Conditions.
Customer acknowledges that Tailgate2Go may utilize photographs, delivery verification photos, GPS tracking, timestamp records, communication logs, surveillance footage, vehicle cameras, operational documentation, and electronic records for safety, dispute resolution, insurance, operational verification, fraud prevention, and legal protection purposes.
Customer consents to receive communications from Tailgate2Go via phone call, email, SMS/text messaging, automated reminders, invoices, operational updates, delivery confirmations, and legal notices related to bookings and services.
Customer grants Tailgate2Go permission to photograph or record event setups, equipment, staging areas, and surrounding event environments for promotional, advertising, portfolio, website, operational, and social media purposes.
All Tailgate2Go branding, logos, graphics, package structures, website content, marketing materials, photographs, videos, designs, business methods, pricing models, operational systems, digital assets, trademarks, trade dress, slogans, proprietary concepts, and related intellectual property are the exclusive property of PDC Directional Drilling and Utilities, LLC DBA Tailgate2Go and are protected under applicable trademark, copyright, trade secret, and intellectual property laws. Customer shall not copy, reproduce, distribute, modify, record, reverse engineer, commercially exploit, imitate, republish, scrape, or use any Tailgate2Go intellectual property, branding, systems, images, concepts, or materials without prior written consent. Unauthorized use of Tailgate2Go intellectual property may result in legal action, injunctive relief, monetary damages, attorney fees, and all remedies available under applicable law.