RENTAL AGREEMENT AND GENERAL RELEASE

 

In consideration of the Rental Equipment described on the invoice page of this Rental Agreement and General Release, the parties agree to the following:

 

Identity of parties: For this Rental Agreement, Company shall mean Good Day Gatherings, its owners, officers, directors, employees, contractors, and agents. "Customer" shall mean the person(s) listed in the "Renter" section on the invoice page of this agreement as well as the person signing the agreement (if different), and their agents and/or employees.

 

Equipment, Rent, Payment, and Term of Rental Agreement: Customer rents from Company certain equipment described on the invoice page of this agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as "Start Time" on the invoice page of this agreement, but all of Customer's obligations arising under the terms and conditions of this Rental Agreement shall run from the actual delivery of the rental equipment to the actual pickup of the rental equipment by Company. If the equipment is delivered and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if Customer elects not to use the equipment for reasons not covered in other provisions of this agreement.

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Operation: For rental items that require electrical service, customer agrees to provide one dedicated 115-volt, 20-amp electrical outlet for each unit requiring power, located within 50 feet of the equipment. No electrical cords are to be used that are not supplied by Company. The electrical cord should be plugged into an outlet and be the only thing operating on that electrical circuit. Circuit breakers should also be checked. The customer is subject to an additional charge for all service calls due to electricity.

 

Weather: Company does not guarantee weather conditions. We reserve the right to cancel or reschedule your rental before delivery if severe weather conditions are imminent or if we have reason to believe that the equipment and/or its users may be in danger. We also reserve the right to pick up the equipment early should weather conditions change. If we pick up the equipment early, Customer will be entitled to reschedule the rental on another day within 30 days or be offered a full refund. Some examples of severe weather conditions are extreme temperatures, high winds, rain, snow, thunder, and/or lightning. In the event of severe weather during a rental, Customer agrees that they will unplug equipment, and not use the equipment until severe weather ends.

 

Care of the Rental Equipment: Customer shall be responsible for any damage to any of the Rental Equipment not caused by ordinary wear and tear. "Ordinary wear and tear" shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable, and proper use of the rental equipment. Customer shall be liable to Company for all damage, which is not "ordinary wear and tear" including, but not limited to, damage due to overturning, overloading, exceeding rated capacities, breakage, improper use, abuse, lack of cleaning, contamination of or dirtying of rental equipment with non-approval items such as chemicals, food, paint, silly string, mud, clay, or other materials. Customer will also be liable for damage done by weather if the damage could have been prevented by Customer.

  

Warranties: Company makes no warranties, express or implied, regarding the condition, performance, merchantability, or fitness for a particular purpose of any rented equipment. Customer accepts the equipment "as is" and acknowledges that the equipment has been inspected and found acceptable upon delivery. Any manufacturer warranties remain soley those of the manufacturer and not Company.

 

Possession: Customer's right to possession of the Rental Equipment begins upon the items being delivered to Customer's premises and terminates on the actual pick up by Company. If the customer has opted to pick-up and return Rental Equipment, the customer's right of possession begins upon the customer picking up the items and terminates on the return of the items. Pick-up and drop-off dates and times will be listed in the Invoice or as agreed upon between the company and customer. Retention of possession or any failure to permit the pickup of the equipment at or after the end of the "Rental period" specified constitutes a material breach of this agreement. If the equipment is not returned for any reason, including theft, the Customer is obligated to pay to Company the full replacement value for such equipment listed on the invoice page of this agreement, plus all incidental costs associated with the attempted pick up or recovery of the equipment by Company. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the delivery address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, Company reserves the right to recover its equipment and pursue all remedies available under applicable law if the equipment is not returned as agreed. Customer hereby agrees to indemnify, defend, and hold Company harmless from all claims and costs arising from such retaking. If rental items are stolen, or otherwise moved from the delivery address, Customer shall notify Company immediately.

 

General Misuse: All items are only to be used for their original intended purposes. Do not exceed manufacturers weight ratings.

 

Damage, Negligence, or Abuse: Customer authorizes Company to charge the payment method on file for repair, replacement, cleaning, recovery, or collection costs resulting from damage, loss, theft, or misuse of rental equipment.

 

Rules of Operation: Equipment must be operated over a smooth, compatible surface such as grass or hard top surface. The equipment may NOT be operated on rough surfaces such as rocks, brick, glass, or any jagged objects. Equipment may also not be operated over any exposed irrigation or utility lines or access points for such lines.   Always follow the manufacturer's guidelines located on the equipment itself.

 

Overnight Rental:  Customer agrees that any overnight rental will be in a secured location and that the equipment will be stored in an indoor location when not in use.

 

Equipment Problems: Should any equipment develop a problem, or not function correctly at any time, or Customer does not understand the operating instructions, the Customer agrees to immediately cease use of the equipment.

 

Pick-up Inspection: All Items will be given a preliminary inspection upon pick-up for any potential damage or cleaning needs.

 

Cancellation/Refund Policy: Customer will only receive a full refund if Customer cancels due to rain or inclement weather conditions before delivery. Inclement weather is the only variable that will necessitate a refund. A REFUND WILL NOT BE ISSUED for any other reason except inclement weather. The deadline for weather cancellations is no later than 8 AM on the date of the rental to receive a refund. If the equipment malfunctions or is inoperable, it is the sole responsibility of the Customer to notify Company immediately. If Company is not notified and given a chance to correct the problem, NO REFUND will be issued.

 

Release of Liability:  Customer agrees to indemnify and hold Company harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney's fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Customer hereby releases and holds harmless Company from injuries or damages incurred as a result of the use of the leased equipment. Company cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Customer also agrees to indemnify and hold harmless Company from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.

  

Customer Acknowledgement: Customer acknowledges and certifies that they have had sufficient opportunity to read this entire Agreement and agrees to be bound by all the terms and conditions on all pages and they understand its content and that they execute it freely, intelligently, and without duress of any kind.

 

Entire Agreement: This Agreement constitutes the full Agreement between Company and Customer. Any prior agreements, whether written or oral, promises, negotiations, or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges the receipt of the Rental Equipment that is the subject of the Rental Agreement and General Release and the fact that it is in good working order.

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