Rental Agreement
Operated by Xtreme Digital Media, LLC DBA VoiceMento
1. Parties, Booking and Scope
This Rental Agreement (“Agreement”) is between Xtreme Digital Media, LLC, doing business as VoiceMento (“VoiceMento,” “we,” or “us”), and the customer identified in the applicable order (“Client” or “you”). It applies to equipment and services identified in the order confirmation (“Order”), including any incorporated product descriptions and written instructions. The Order specifies the items, event date, rental price, delivery address, and required courier drop-off date. If an Order term conflicts with this Agreement, an expressly negotiated written term in the Order controls only that specific conflict. Client represents that they are at least 18 and authorized to enter into this Agreement.
2. Reservation, Price and Payment
Payment amounts and due dates are stated at checkout or in the Order. Applicable taxes and disclosed fees are additional. A reservation is confirmed only when accepted by VoiceMento and required payment has been received. Client authorizes charges for the agreed rental price and any separately disclosed, documented post-rental amounts permitted under this Agreement and applicable payment-network rules. Payment information is handled by the payment processor; VoiceMento does not promise that a card can be charged without additional authentication. We will provide an itemized explanation of post-rental charges and a reasonable opportunity to raise a factual error, except where prompt action is necessary to prevent further loss.
3. Cancellation, Changes and Refunds
All payments are non-refundable if Client cancels, fails to use the equipment, or requests a date change, except as required by applicable law or expressly agreed in writing by VoiceMento. Rescheduling is not guaranteed and depends on availability and any written terms agreed for the new date. If VoiceMento cancels or cannot substantially provide the contracted rental for reasons within its reasonable control, VoiceMento will provide an appropriate refund for the affected service, as required by law. Nothing in this Agreement limits nonwaivable consumer rights.
4. Ownership and Prohibited Conduct
All rented equipment and reusable packing materials remain VoiceMento property. Client must not sell, pledge, sublease, open, disassemble, modify, repair, relabel, or tamper with equipment, or delete, overwrite, or extract recording data. Client must not use the equipment for unlawful purposes. Client must promptly notify VoiceMento of damage, suspected malfunction, loss, or theft and follow reasonable troubleshooting directions. Do not charge battery-powered phones while in use unless written instructions expressly permit it.
5. Delivery, Inspection and Use
Client must promptly inspect the shipment on receipt, verify the included items, and notify VoiceMento as soon as reasonably possible of missing, damaged, or nonworking equipment, preferably before the event. Client must follow setup and operating instructions; keep equipment indoors unless VoiceMento approves otherwise in writing; protect it from rain, liquids, heat, unstable surfaces, and interference; and keep it away from loudspeakers, DJ equipment, and other sources of excessive noise or electromagnetic interference. Client is responsible for reasonable supervision and for the conduct of guests, vendors, and venue staff handling the equipment. Client must not place equipment where it creates an unreasonable safety hazard.
6. Rental Period and Return Deadline
The rental period begins on confirmed delivery and the return obligation is satisfied when Client tenders the properly packaged shipment to the designated courier and the courier scans and accepts it on or before the drop-off date in the Order. No pickup is included unless VoiceMento expressly agrees in writing. Client must use the designated courier, provided shipping label, and applicable return instructions; obtain and retain a dated acceptance receipt or tracking confirmation; and promptly provide it upon request. Leaving a package unattended, at an unstaffed location without an acceptance scan, or with a different carrier does not establish timely tender.
7. Late Return and Carrier Delay
A late fee of $25 per calendar day applies only when Client has not timely tendered the shipment for courier acceptance by the required drop-off date. No late fee applies solely because the designated courier delays delivery after timely acceptance. If no accepted return scan exists within seven calendar days after the deadline, VoiceMento may treat the equipment as unreturned, subject to review of any credible proof of timely tender, and assess applicable replacement charges. Any late fees will be reasonably accounted for if the equipment is subsequently recovered; VoiceMento will not collect duplicative compensation for the same loss.
8. Original Box, Foam Inserts and Return Packaging
Client must retain and return the original shipping box and custom foam inserts supplied with the rental, together with all reusable protective materials, accessories, and components. Equipment must be placed back into its original fitted foam and box, secured against movement, and returned using the supplied label and written packing instructions. The replacement charge for a missing, discarded, or unusably damaged original shipping box and custom foam insert set is $150 per rental kit. Where only part of the set is missing or damaged, VoiceMento will assess the reasonable documented replacement cost, not exceeding $150 for that set. This charge may apply even when the phone itself is undamaged. Client is additionally responsible for reasonable documented repair or replacement costs for equipment damage caused by inadequate packing or failure to follow return instructions, subject to applicable law and without double recovery. Ordinary wear from proper use is excluded.
9. Risk of Loss, Damage and Shipping Claims
Client bears risk of loss, theft, or damage while the equipment is in Client's custody or control, including damage caused by guests or other third parties. For a return shipment correctly packed, labeled, and accepted by the designated courier on time, risk of loss or damage caused solely by the carrier after acceptance rests with VoiceMento, without prejudice to carrier claims. Client remains responsible for losses attributable to improper packing, incorrect labels, unauthorized carriers, or inaccurate shipping information. VoiceMento may request photographs, return receipts, and reasonable cooperation with a carrier investigation.
10. Replacement and Repair Charges
For items lost, stolen, not returned, or damaged beyond economical repair, the scheduled replacement values are: Vintage Phone $150; Retro Phone $150; Victorian Phone $200; Payphone $250; Neon Sign $120; Instruction Frame $25; original shipping box and custom foam insert set $150. Charges for repairable damage will be limited to reasonable documented repair costs, not exceeding the applicable replacement value unless Client separately approves a higher amount. Replacement values are the stated contractual charges for the listed items; VoiceMento will not unilaterally substitute a higher market price. Items or accessories not listed here will be charged only at reasonable documented replacement cost if disclosed in the Order or otherwise agreed in writing. No charge applies for ordinary wear and tear.
11. Recording Performance, Guest Messages and Technical
Issues VoiceMento does not guarantee a minimum number of messages, guest participation, any particular words or sentiment, or flawless audio in every environment. Guest statements are made by guests, not VoiceMento; VoiceMento does not endorse or control their content. Background noise, handling, and venue conditions may affect quality. Client must report suspected equipment malfunction promptly so VoiceMento can attempt reasonable troubleshooting. This disclaimer does not excuse VoiceMento from providing equipment and services with the care and performance required by applicable law or from remedies for a proven failure of the contracted service.
12. Delivery, Retention and Recovery of Files
Subject to successful recovery of recordings, VoiceMento will deliver available digital recordings within 30 business days after return and inspection of equipment, unless the Order states otherwise or a documented technical issue reasonably requires more time. Outstanding Balances and Withholding of Recordings: Client agrees that all outstanding balances arising under this Agreement, including unpaid rental fees, late return fees, missing equipment or packaging charges, and documented repair or replacement costs, must be paid when due. To the extent permitted by applicable law, VoiceMento may temporarily suspend delivery of digital recordings while undisputed, properly assessed charges remain unpaid, provided that Client has received written notice specifying the charges and a reasonable opportunity to resolve any billing error. VoiceMento will not unreasonably withhold recordings over a good-faith dispute concerning charges unrelated to the recordings. Once the outstanding balance is resolved, VoiceMento will deliver the available recordings within five business days, subject to successful file recovery and any applicable legal requirements. Delivery is typically by electronic link. Client is responsible for promptly downloading and backing up delivered files. VoiceMento does not promise indefinite storage or recovery of recordings that were never successfully captured. Any specific deletion or retention period must be stated in a separately published policy or the Order; absent such a period, Client should not rely on VoiceMento as a permanent archive. VoiceMento will use reasonable safeguards for files in its possession.
13. Client Customizations & Submission Deadlines
Client is responsible for submitting all requested customization materials, including but not limited to personalized voicemail greetings, instruction signage wording, names, event details, and other applicable customizations, no later than 14 business days prior to the scheduled event date. If the required customization materials are not received by this deadline, VoiceMento reserves the right to use standard or generic alternatives, including prerecorded voicemail greetings and standard instruction signage, at its sole discretion. Client acknowledges that timely submission of customization materials is their responsibility. VoiceMento may provide courtesy reminders but is not obligated to do so. VoiceMento may accommodate late submissions at its discretion but does not guarantee their inclusion. Failure to submit customization materials by the specified deadline shall not constitute a failure of service by VoiceMento and shall not entitle Client to a refund, discount, credit, or other compensation, except as required by applicable law.
14. Recording Notices, Privacy and Promotional Use
Client is responsible for providing guests with clear notice that messages may be recorded and for obtaining any consents required for recording under applicable law, including through event signage or the phone greeting where appropriate. Promotional publication is a separate issue from permission to record. To the extent Client owns or controls the applicable rights, Client grants VoiceMento a nonexclusive, worldwide, royalty-free license to use, reproduce, edit, and publish recordings (including full-length messages), event setup photographs, and video for VoiceMento marketing, advertising, website, social media, and portfolio purposes, unless Client opts out in writing before the event. Client may request removal of a published item, and VoiceMento will evaluate requests in good faith and comply with applicable law. No compensation is due for uses validly authorized under this section.
15. Force Majeure and Shipping Disruption
Neither party is liable for delay or nonperformance caused by circumstances beyond reasonable control, including severe weather, natural disasters, government action, widespread carrier disruption, or major service outages, to the extent performance is actually prevented. The affected party must give reasonably prompt notice and use commercially reasonable efforts to reduce the impact. This section does not automatically eliminate refunds or other rights that applicable law requires when a service is not delivered.
16. Limitation of Liability
To the maximum extent permitted by applicable law, neither party is liable to the other for indirect, special, incidental, or consequential damages arising from this Agreement. VoiceMento's aggregate liability for claims relating to an Order will not exceed amounts paid by Client for that Order, except to the extent such limitation is prohibited by law or for liability that cannot lawfully be limited. Nothing excludes liability for fraud, willful misconduct, gross negligence where nonwaivable, or other nonexcludable statutory rights.
17. Claims, Disputes and Chargebacks
Client is encouraged to contact VoiceMento promptly with a billing or service concern so the parties can attempt informal resolution. Nothing in this Agreement waives the right to dispute a card charge, contact a regulator, or exercise any rights under payment-network rules or applicable law. VoiceMento may provide the Order, acceptance record, shipment scans, photographs, correspondence, and itemized charges to a payment processor or other authorized dispute-resolution body as reasonably necessary.
18. Governing Law, Forum and Legal Costs
New York law governs this Agreement, except where mandatory consumer-protection laws of another jurisdiction apply. Subject to applicable law and any consumer's right to bring claims in a permitted forum, disputes may be brought in courts of competent jurisdiction in New York. Each party bears its own attorney's fees unless a statute or court order provides otherwise. Nothing here restricts nonwaivable rights to small-claims or other lawful forums.
19. Entire Agreement, Changes and Severability
This Agreement, the Order, and written instructions expressly incorporated into the Order constitute the entire agreement concerning the rental. Any change must be agreed in writing by both parties; routine operational notices may be delivered electronically. If a provision is invalid or unenforceable, the remaining provisions remain effective to the extent lawful. Failure to enforce a provision once is not a general waiver. Electronic records and acceptance may be used as evidence of agreement to the extent permitted by law.
20. Electronic Acceptance
By affirmatively selecting the unchecked “I Agree” box and submitting the Order, Client acknowledges having had an opportunity to read and retain this Agreement and agrees to its terms. VoiceMento should preserve the version accepted, date/time, order identifier, and available checkout acceptance evidence. A link to this Agreement should be visible at checkout before payment and in the confirmation email.