- INSPECTION. Renter (also referred to as "Client") acknowledges that Client has had an opportunity to personally inspect the rented item(s), including, but not limited to those items listed in the beginning of this document 'Exhibit A' (collectively, the "Rental Items"), and finds it suitable for Client's needs and in good condition, and that Client understands its proper use. Client further acknowledges Client's duty to inspect the Rental Items prior to use and notify Shipwrecked Goods, LP, its owners, partners, agents, attorneys, successors, assigns, and/or designees (collectively, "Dealer") of any defects.
- REPLACEMENT OF MALFUNCTIONING RENTAL ITEM(S). If the Rental Item(s) becomes unsafe or in disrepair as a result of normal use, Client agrees to discontinue use and notify Dealer who will replace the Rental Item(s) with similar Rental Item(s) in good working order, if available. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.
- WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE RENTAL ITEM(S) IS SUITED FOR CLIENT'S INTENDED USE OR THAT IT IS FREE FROM DEFECTS.
- POSSESSION/TITLE. Dealer owns the Rental Item(s), and title in and to all of it will remain Dealer's at all times. Client is entitled only to use and possess the Rental Item(s) for the Rental Period; subject to the terms of this Contract. If Client retains any of the Rental Item(s) beyond the agreed Term without Dealer's express written consent, Client will be deemed to have materially breached this Contract. Client will not take, grant, or permit the taking of any (and Client hereby waives any and all) liens or other similar claims on any portion of the Rental Item(s), and Client will take such actions as may be necessary, at Client's sole cost and expense, to ensure that any and all such liens are released as soon as possible.
- HOLD HARMLESS/INDEMNITY. Client assumes all risks associated with the possession, use, transportation and storage of the Rental Item(s). ACCORDINGLY, CLIENT HEREBY WAIVES ANY AND ALL LIENS AND CLAIMS ARISING FROM OR ASSOCIATED WITH, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE DEALER FROM AND AGAINST, ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES, CLAIMS FOR BODILY INJURY(IES) (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF TIME AND/OR INCONVENIENCE) RESULTING FROM OR ARISING IN CONNECTION WITH SUCH POSSESSION, USE, TRANSPORTATION, AND/OR STORAGE, REGARDLESS OF THE CAUSE AND INCLUDING ANY INJURIES AND/OR DAMAGES SUFFERED BY CLIENT, CLIENT'S EMPLOYEES, AND/OR ANY THIRD PARTY(IES), EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM DEALER'S INTENTIONAL MISCONDUCT.
- ASSIGNMENTS AND SUBLETTING. Dealer may, at Dealer's sole option, assign all or any portion of Dealer's rights and/or remedies under this Contract without Client's consent. Client may not sublease or loan the Rental Item(s) without Dealer's written permission. Any purported assignment by Client is void. CLIENT MAY NOT ASSIGN CLIENT'S RIGHTS OR REMEDIES UNDER THIS CONTRACT, NOR MAY CLIENT SUBLEASE OR LOAN ANY OF THE RENTAL ITEM(S) TO ANY THIRD PARTY WITHOUT DEALER'S PRIOR WRITTEN CONSENT. ANY SUCH ATTEMPTED ASSIGNMENT OR SUBLEASE BY CLIENT WILL, AT DEALER'S OPTION, BE DEEMED VOID AB INITIO.
- ASSUMPTION OF RISK. Client acknowledges that the possession, use, transportation, and/or storage of the Rental Item(s) may give rise to the risk of personal injury and/or property damage. CLIENT VOLUNTARILY ASSUMES ALL RISK INHERENT IN THE OPERATION AND THE USE OF RENTAL ITEM(S) AND AGREES THE ENTIRE RESPONSIBILITY FOR THE DEFENSE OF, AND TO PAY, INDEMNIFY AND HOLD DEALER HARMLESS FROM, AND HEREBY RELEASE DEALER FROM, ANY AND ALL CLAIMS FOR DAMAGE TO PROPERTY RESULTING FROM THE USE, OPERATION, OR POSSESSION OF THE RENTAL ITEM(S), WHETHER OR NOT IT BE CLAIMED OR FOUND THAT SUCH DAMAGE OR INJURY RESULTED IN WHOLE OR IN PART FROM DEALER'S NEGLIGENCE, FROM THE DEFECTIVE CONDITION OF THE RENTAL ITEM(S) OR FROM ANY CAUSE.
- PROHIBITED USES. Use of the Rental Item(s) in the following circumstances is prohibited, and constitutes a breach of this contract. (a) Use for illegal purpose or in illegal manner; (b) Use when the Rental Item(s) is in bad repair or is unsafe; (c) Improper, unintended use or misuse; (d) Use by anyone other than Client or his employees, without Dealer's written permission; and/or (e) Use at any location other than the address furnished Dealer without Dealer's written permission.
- CHARGES, PAYMENT, AND LATE PAYMENTS. Time is money. In order to secure the rental items, Dealer requires 50% of total rental amount in order to reserve the items, which is non-refundable. The remaining half is due two weeks prior to the event. You are responsible for rental charges from the time the Rental Item(s) is "Out", as specified in this contract until the Rental Item(s) is returned, and other charges hereunder. You and your representative, agent or principal shall be responsible for and shall pay Dealer all charges hereunder. All charges are due two weeks prior to event and on demand, with a non-refundable 50% deposit due in order to reserve the Rental item(s). If the rental charges are charged to someone other than the Renter/Client, the Renter/Client represents he/she is the agent of such party and has the right to charge this rental; the Renter/Client will nevertheless remain liable for the charges and for the other obligations and responsibilities of the Renter/Client hereunder. Accounts are due and payable two weeks prior to event. If payment is not made two weeks prior to event, Dealer may terminate this contract and the deposit will be forfeited per this agreement.
- TIME OF RETURN. The Rental Item(s) must be returned no later than the time and date in this contract under "Due". Client's right to possession of the Rental Item(s) terminates on the expiration of the rental period and retention of possession after such time constitutes a material breach of this contract. Time is of essence of this contract. Any extension must be mutually agreed upon in writing.
- LATE RETURN. Client agrees to return the Rental Item(s) during Dealer's regular store hours, upon expiration of the rental period. Client agrees that if the Rental Item(s) is held beyond the expiration of the rental period as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period the Rental Item(s) is "Out", notwithstanding any lessor periodic rate. In addition, you agree that the failure to return the Rental Item(s) within the contracted time and the sale or concealment of the Rental Item(s) are prohibited, and that such action may constitute a crime. Dealer, in addition to any other action, may notify the authorities and take other action, including filing of criminal complaints, subjecting Renter/Client to prosecution.
- RESPONSIBILITY FOR RENTAL ITEM(S). From the time the Rental Item(s) is rented out until it is returned, Client is responsible for it. If the Rental Item(s) is lost, stolen, or damaged under any circumstances while rented, regardless of fault, Client shall be responsible for all charges, including labor costs, to replace or repair the Rental Item(s).
- DAMAGED, DIRTY, OR LOST RENTAL ITEM(S). It is Client's responsibility to return the Rental Item(s) to Dealer in the same condition, except for reasonable wear and tear. If weather that can cause damage to Rental item(s) is predicted, the client is required to provide protection (ie, move the event indoors, provide tents, adequate covering, etc.) to avoid damage to the Rental item(s). If weather that can cause damage appears unpredicted, the Client shall remove the Rental item(s) from the bad elements immediately and protect them. Adequate coverage and protection from the elements must be onsite. The items will not be delivered unless adequate coverage of items (to protect from the elements, sprinklers, condensation, etc.) is onsite and deemed appropriate by Dealer and Dealer reserves the right to terminate this contract if Client refuses to provide adequate protection. Client agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Dealer. Client also agrees to pay a 40% of rental price cleaning charge for Rental Item(s) returned dirty, stained, blemished, etc., excluding, but not limited to, dishes, glassware, flatware, etc. Dishes, glassware, flatware, etc. need only be rinsed with water before return. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Rental Item(s) lost, stolen or damaged beyond repair will be paid for at five times the rental amount. As indicated herein, the cost of repairs will be borne by Client, whether performed by Dealer, or, at Dealer's option by others.
- COLLECTION COSTS. Client agrees to pay all collection costs, attorney's fees and court fees and other expenses involved in the collection of the charges or enforcement of Dealer's rights under this contract.
- REPOSSESSION. Upon a failure to pay rent, return the Rental Item(s) on the date and time specified in this contract under "Due", or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage, or trespass arising out of the removal of the goods.
- SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
- LOADING AND UNLOADING RENTAL ITEM(S). In the event that Client is responsible for loading and unloading Rental Item(s) and if Dealer's employees assist in loading or unloading the Rental Item(s), Client agrees to assume the risk of, and hold Dealer and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Dealer.
- PROPERTY DAMAGE. Client is responsible for damage as a result of on-the-job deliveries or pick up by Dealer.
- FEES, LICENSES, PERMITS, TAXES AND FINES. The Client shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Client's use or operation of the Rental Item(s), specifically including tents.
- UNDERGROUND FACILITIES. Client agrees to have all underground facilities, in the vicinity of the Rental Item(s) installation, clearly marked prior to the arrival of Dealer's work crews. Client assumes full responsibility for damage to all underground facilities. To identify Underground Facilities, Client must call one week prior to installation.
- RENTAL ITEM(S) FAILURE. In the event any of the Rental Item(s) fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, Client agrees to immediately discontinue use, notify Dealer and if directed to do so, return the Rental Item(s) to Dealer. Client further agrees Client will not repair or have anyone else repair any Rental Item(s). Failure to timely notify Dealer will result in Client being charged for all Time Out.
- FUEL SURCHARGE. Rental Item(s) with gas/diesel engines must be returned full of fuel or Client will be charged at the current Dealer's rate.
- SITE PREPARATION. If Dealer has agreed to deliver any Rental Item(s), Client agrees to have the Site clean and ready for the delivery and installation or dismantling and retrieval, and Client agrees to pay an additional charge for any delay incurred, or additional labor performed by Dealer resulting from Client's failure to timely do so.
- INSURANCE. If any of the Rental Item(s) is to be used for a commercial purpose, Client agrees to maintain (a) property damage and casualty insurance on al "all risks" basis for the full replacement cost of the Rental Item(s) (including without limitation, all risks of loss or damage covered by the standard extended coverage endorsement) with such deductibles, if any, as may be acceptable to Dealer in Dealer's discretion; and (b) commercial general liability insurance with the minimum limits of $1,000,000 per occurrence. Such insurance shall cover all operations and contractual obligations, as well as any and all damage or liability arising in connection with the handling, transportation, maintenance, operation, use or possession of the Rental Item(s) during the Term, and shall be primary, without any self-insured retention, and shall waive subrogation against Dealer. Client agrees to provide to Dealer copies of the proper endorsements for the above coverages specifying that they will not be cancelled during the Term. Any insurance Dealer carries will be deemed to be in excess of Client's insurance.
- DAMAGE WAIVER. If Client pays the damage waiver charge (DWC) as specified, subject to the limitations and exclusions below, Dealer agrees to modify the terms of this contract, and for loss due to fire, windstorm, upset and riot. Dealer excludes from the waiver, however, any loss or damage due to theft, burglary, collision, misuse or abuse, theft by conversion, intentional damage, mysterious disappearance or any loss due to Client's failure to care for the rental item(s) as a prudent person would his/her own property. In addition, if Client has insurance for the loss or damage, Client shall exercise, and shall empower Dealer to exercise all Client's rights to obtain recovery under insurance, shall cooperate with Dealer to obtain recovery and all insurance proceeds shall be given or assigned to Dealer.
- WAIVER OF JURY TRIAL. Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
- SEVERABILITY. If any provision of this contract is deemed invalid or unenforceable, such provision will be deemed modified to the extent necessary to cure such invalidity or unenforceability. If such modification is not possible without creating a conflict with another material provision of this contract, the invalid or unenforceable provision will be deemed severed from this contract and the remaining provisions hereof will continue in full force and effect.
- INTEGRATION, MODIFICATION OF CONTRACT. This paper represents our entire contract, and there are no collateral, oral or other agreements outstanding. None of Dealer's rights may be changed and no extension of the term of this contract may be made except in writing by the Dealer and made a part of this contract.
- DRAFTING AND INTERPRETATION. The parties acknowledge and agree that the provisions of California Civil Code section 1654 (and any related and/or successor statutes, if applicable), which provides that in cases of uncertainty, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist, will not be applicable to this agreement. As used in this agreement, the terms "hereof", "herein", "hereunder" and words of similar meaning refer to this agreement as a whole and not to any particular subdivision hereof. The section and section headings in this agreement are for ease of reference and will not bear upon interpretation.
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