GENERAL RENTAL TERMS AND CONDITIONSFor the purpose of this Rental Agreement, “EM4U” shall mean EventsMade4u, its owners, officers, directors, shareholders, and employees, “Customer” shall mean the customer, its agents, family members and/or employees. In consideration of hiring of the rental items/equipment (herein “the rental item or items”) described on the front of this Rental Agreement it is agreed as follow.
1. INDEMNITY/HOLD HARMLESS. Customer agrees to indemnify, defend and hold harmless EM4U from and against any and all liability, claims, judgments, attorney’s fees and costs, of every kind and nature, including, but not limited to, injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the items rented, however caused, except claims or litigation arising through the sole gross negligence or willful misconduct of EM4U.
2. ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY. Customer is fully aware and acknowledges there is risk of injury or damage arising out of the use or operation of the items rented hereunder and hereby elects to voluntarily enter into this Rental Agreement and assume all of the above risks of injury or damage. Customer agrees to release and discharge EM4U from any and all responsibility or liability from such injury or damage against EM4U which customer otherwise may be entitled to assert.
3.OPERATORS. No operators are furnished, directly or indirectly with our rental items unless agreed to by EM4U and Customer
4.RECEIPT/INSPECTION OF RENTAL ITEMS. Customer hires the rental items on an “as is” basis. Customer acknowledges that they have, or will, personally inspect the rental items prior to use and finds the items suitable for customer’s needs. Customer acknowledges receipt of all items listed in this Rental Agreement and that the rental items are in good working order and that Customer understands (without further instructions) the proper operation and use of items. Customer shall notify EM4U immediately if any disputes or concerns with the quality or count of rental item.
5.POSESSION/TITLE. Customer’s right to possession of the rental items begins upon the rental items delivered by EM4U and terminates on the Agreed Return Date indicated on the front of this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the rental items is and shall remain with EM4U. Customer hereby agrees to indemnify, defend and hold EM4U harmless from any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, Customer shall notify EM4U immediately.
6.RENTAL PERIOD/CANCELLATION POLICY. Rental period is for a maximum of twenty-four (24) hours unless a longer term is specified in the Rental Agreement Agreed Return Date on the front of this Rental Agreement. If Customer makes greater use of the rental items, it is agreed that the additional usage will be charged. Rental charges begin immediately upon rental items delivered EM4U. Rental charges end upon pickup of the rental items to EM4U in an acceptable condition. If the rental items are returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period.
7. DAMAGE AND LOSS Customer shall be responsible for all damages not caused from ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the rental items caused by ordinary, reasonable and proper use of the rental items. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities breakage improper use abuse lack of cleaning dirtying of rental items.
8. COMPLIANCE WITH LAW/USE RENTAL ITEMS. Customer agrees not to use or allow anyone to use the rental items in any illegal unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the rental items during the rental period. Customer further agrees to pay all licenses, fines, fees, permits or taxes arising from his use of the rental items, including any subsequently determined to be due. Customer is responsible for obtaining all permits and/or licenses from the appropriate government agencies. If permits or licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant to this Agreement to EM4U or its subcontractors. Customer shall not allow any person who is not qualified or understands the safety and operating instructions or who does not utilize all safety equipment required to operate the rental items to use the rental items. Customer acknowledges that EM4U has no responsibility to inspect the rental items while they are in the Customer’s possession.
9. PICKUP OF RENTAL ITEMS. Customer agrees to return to EM4U the rental items in same condition as when received by agreed Pickup Date. Customer shall be responsible for all costs incurred by EM4U recovering and returning damaged rental items to EM4U’s premises. If the rental items are to be “picked up” by EM4U, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to rental items for a reasonable period of time until the rental items are picked up by EM4U. If additional pick up’s are needed, a delivery surcharge may be assessed.
10. DISCLAIMER OF WARRANTIES. EM4U makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the rental items are fit for customer’s particular intended use or that is free of latent defects. EM4U shall not be responsible to customers or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of or any failure of the rental items. EM4U shall not be responsible for any defect or failure unknown to EM4U. The customer’s remedy for any failure of or defect in the rental items shall be termination of the rental charges at the time of failure, provided that the customer notifies EM4U immediately of such failure and returns the rental items to EM4U within twenty-four (24) hours of such failure.
11.SUBRENTAL/LOCATION OF RENTAL ITEMS. Customer agrees not to sublet, loan or assign the rental items from the address at which Customer represented they were used unless agreed to by EM4U and customer
12.DEFAULT. Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, EM4U may, at its sole discretion, terminate this Rental Agreement, retake the rental items, declare any charges due and payable and initiate legal process to recover monies owed.
13. COLLECTION OF RENTAL ITEMS. EM4U will deliver and pick up the items as agreed upon on the invoice.
14. LEGAL FEES. In the event an attorney is retained to enforce a provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action or proceeding in an amount to be determined by the court.
15. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of EM4U to insist upon strict performance by Customer in regard to any provision of this Rental Agreement shall not be interpreted as a waiver of EM4U’s right to demand strict compliance with all other provisions of this Rental Agreement or shall be severable so that the enforceability, invalidity or waiver of any provision shall not affect any other provisions.
16. MOVING OF NON-RENTAL ITEMS. EM4U is not liable for any damage arising from customer-requested moving of non-rental items, including, but not limited to, furniture, vehicles, plants, lights, etc.
17.CLEANING. Customer Agrees to return and have ready for pick up all items free of debris, waste, mildew and wetness.
18. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor event. EM4U will endeavor to minimize said risk, however, should the equipment/tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond EM4U’s control, Customer shall still be liable for payment in full of all charges.
19.MISCELLANEOUS. A. This Rental Agreement may be executed or delivered by text, email or standard mail. B. Customer authorizes EM4U to submit all Customer charges to Customer’s credit card account on the authorization form. C. Customer is responsible for any damages due to digging, disturbing soil or earth, staking, posthole digging, auguring, etc. Customer is responsible for identifying and disclosing to EM4U all underground obstacles. EM4U is not responsible for damage to above or below ground obstacles. D. Customer is fully aware and acknowledges that the terms and conditions of this Rental Agreement shall apply to all subsequent rentals by Customer. Customer further agrees that the Terms and Conditions of this Agreement shall govern all future deliveries should Customer fail or be unable to sign the Rental Agreement at time of delivery.