Residential
Rental Contract
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Customer name and address: |
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Contract Date: Date/Time out: Date/Time return: Written by: |
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Equipment location: |
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Qty Description Day Week Other Rate Extension
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Single reservoir
margarita machine |
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Double reservoir
margarita machine |
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Unopened mix can be returned for refund. |
Total due |
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Note: Be sure to read the
instructions on the bottles for correct mixing.
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IF THE EQUIPMENT
DOES NOT WORK PROPERLY |
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CUSTOMER IS
RESPONSIBLE |
Customer is fully responsible for the theft of items rented.
I have had the opportunity to read the terms and conditions
on both sides of this agreement. I have been instructed in the proper use and
operation of all equipment delivered and will ensure that all operators receive
this training and the instructions contained in the manufacturer's operation
manual, a copy of which has been provided with each machine, which will be read
by each operator. I have understood the instructions provided, and understood
to my satisfaction all the answers to questions I may have asked.
CUSTOMER
SIGNATURE DATE NAME PRINTED DELIVERED BY DATE
TERMS AGREED TO
IN THIS CONTRACT
1. Las Vegas
Party Rentals, Lessor, hereby rents to the Lessee named on Page I the equipment
described on Page 1 subject to all the terms and provisions on Page 1 and Page
2 of this contract
2. Lessee will
return the equipment to the Lessor's address and on the date shown on Page 1 or
earlier if demanded all accessories in the same condition as when received
ordinary wear and tear excepted. LESSEE SHALL BE FULLY LIABLE FOR DAMAGE AND
ALL OTHER LOSS. IF THE EQUIPMENT IS LOST, STOLEN, DESTROYED, OR OTHERWISE
RENDERED UNFlT FOR
3. Lessee
shall not permit any repairs to the equipment or suffer any lien to be placed
upon it without Lessor's consent, and the Lessee will pay any and all
unauthorized charges in connection with any repairs. Lessee will pay for all
repairs and replacement resulting from causes inherent in the use to which the
equipment is put.
4. Neither
Lessee nor any operator of the equipment shall be deemed to be an agent,
servant, or employee of Lessor for any reason or for any purpose.
5. LESSEE
SHALL INDEMNIFY AND HOLD LESSOR HARMLESS from all fines, penalties, forfeitures
and disabilities arising from use of the rented equipment and imposed by any
federal, state, county and municipal statute and law or insurance policy
provision. Lessee shall be liable for all damages to the rented equipment and
for all other claims if Lessee uses, or permits its operation by an operator
under the influence of drugs or alcohol or in violation of criminal statutes,
or is grossly negligent in operation of the equipment or otherwise violates the
terms of this rental agreement.
6. Lessee
shall immediately report any accident to Lessor and deliver to Lessor or its
insurer, every process, pleading notice or paper of any kind received by Lessee
or any operator of the equipment relating to any claim, suit or proceeding
connected with any accident or event involving the equipment. Neither Lessee
nor any operator of the equipment shall aid or abet the assertion of any such
claim, suit or proceeding and shall cooperate fully with Lessor and its insurer
in investigating and defending the same.
7. INDEMNITY:
Lessee shall, to the fullest extent permissible by law, defend, indemnify and
hold harmless Lessor, its employees and agents, from and against any and all
losses, liabilities, damages, injuries, claims, demands, cost and expenses of
every character whatsoever (including without limitation ,(i) demands arising
from injuries or death of persons, including employees of either Lessor or
Lessee, (ii) claims of or liabilities to third parties arising out of the abandonment,
conversion, secretion, concealment, or unauthorized sale of the equipment by
Lessee or its operator, agents, or employees or the confiscation of the
equipment by any government authority for illegal or improper use of said
equipment, and (iii) demands for damage to property), arising directly or
indirectly, at any time, out of the obligations herein undertaken or out of or
connected with the possession, maintenance or use of the equipment. The
provisions of the indemnity described herein shall apply whether or not
Lessor's negligence, active or passive, contributed in any way towards the
alleged injury or harm and shall not be limited except to the extent that it
will not apply to claims caused by the sole negligence or willful misconduct of
Lessor. Lessee further agrees it will reimburse Lessor for any expenditures, including reasonable attorneys' fees, Lessor
may make by reason of such and, if requested by Lessor will defend any such
claims at the sole cost and expense of Lessee.
8. ASSUMPTION
OF RISK: Lessee hereby assumes any and all risks of damages to Lessee and to
Lessee's agents, employees and representatives, and to all others, arising out
of or in any way related to this rental, and Lessee's use of the equipment and
property rented pursuant hereto.
9.
INSURANCE: Without a limitation on any other
obligation of Lessee pursuant hereto, Lessee shall, at its own expense, secure
and maintain insurance in effect under the terms of this Rental Agreement. This
insurance shall name Lessor as an additional insured, and shall specifically
state that it is primary insurance for the benefit of Lessor and Lessee. Such
insurance shall include (1) Worker's Compensation coverage and Employer's
liability insurance that shall provide defense and indemnity on a primary basis
to Lessor for damages, injuries, and workers compensation benefits incurred by
or claimed by Lessee's agents employees and representatives; (2) Liability
insurance providing primary insurance to Lessor for defense of claims and
actions arising out of or in any way related to this rental, and Lessee's use
of the equipment and property rented pursuant hereto; (3) Liability insurance
providing primary indemnity coverage to Lessor with limits of no less than the
limit presently covering Lessee for liability of actions arising out of or in
any way related to this rental, and Lessees use of the equipment and property
rented pursuant hereto. All such insurance shall be primary for all purposes,
regardless of other insurance that may be available to Lessor, and shall
contain a severability of interest clause. ln the event that Lessee fails to
comply with this provision, damages in any action by Lessor against Lessee for
breach of this provision, shall include but not be limited to, the dollar
amount of insurance benefits that Lessor would have received had Lessee
complied with this provision.
10.
LESSOR SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO ANY
PROPERTY OF LESSEE or any other person which may have used or been in contact
with the equipment either before or after its return to Lessor whether or not
related to the negligence of Lessor or its agents, representatives or
employees. Lessee shall assume all risk of such loss or damage, waive all
claims therefore against Lessor, and defend, indemnify and hold Lessor harmless
from all claims arising out of such loss or damage.
11.
LESSOR MAY DEMAND THE RETURN OF THE EQUIPMENT AT ANY
TIME, and if in Lessor's judgment such demand might not be complied with,
Lessor may repossess the equipment and terminate this Rental Agreement without
any liability for any loss or damage which losses may be sustained as a result
of such demand, termination or repossession. Lessor may assign its rights under
the contract without the Lessee's consent, but will remain bound by all
obligations herein. The Lessee shall not sublease, assign or loan equipment.
The equipment shall not be used by the Lessee when in a bad state of repair or
unsafe.
12.
Lessee will pay Lessor on demand all time and
mileage, service, minimum or other charges entered on Page 1, at the rates
shown or computed as provided in the Rental Agreement. If Lessee has directed
charges to be billed to another person and such person shall fail to make
payments, Lessee shall pay such charges. LESSOR MAY RETAIN THE SECURlTY DEPOSIT
provided on Page 1 to apply toward any amount due herein. The Lessor shall have
the right but not the obligation, to reasonably inspect the rented equipment,
to enter the premises where it is located for purposes of inspecting it and
insuring that proper use is being made thereof. Conditions that prevent
satisfactory use of the rented equipment do not relieve Lessee of their
obligation to return the rented property and pay the rental fees. ALL ACCOUNTS
NOT TIMELY PAID SHALL BEAR INTEREST AT THE RATE OF 1.5% PER MONTH, OR THE
HIGHEST LEGAL RATE, WHICHEVER IS LOWER until paid.
13.
Lessee agrees that the rented equipment is in a safe
and satisfactory condition; that Lessee has inspected it or has be en given the
opportunity to inspect it before accepting it for use. THE LESSEE ACKNOWLEDGES
THAT THEY HAVE THE DUTY TO INSPECT THE EQUIPMENT PRIOR TO USE and notify the
Lessor of any defects found. In the event the equipment becomes unsafe or in
disrepair due to normal use, the Lessee agrees to discontinue use and notify
the Lessor, who will replace the equipment with a similar one in working order
as available. The Lessor is not responsible for any incidental or consequential
damages whatsoever caused by delays or otherwise.
14.
Lessee agrees that any misstatement herein contained
or giving of false identification, address, telephone number, fictitious name,
or any breach of any provision of this agreement will authorize the Lessor to,
forthwith, repossess the rented equipment by use of any lawful means.
15.
Neither the Lessee nor any other person operating the
equipment shall leave it unattended. Lessee is responsible for theft or damage
to rented equipment under any circumstances, and has sole responsibility for
proper and safe storage and protection of it while this contract is in effect.
16.
If suit is instituted by Lessor to recover possession
of said equipment or to enforce any term of this agreement or to collect any
sums of money, damages, or costs from Lessee herein, Lessee shall pay all costs
and reasonable attorney's fees and collections costs incurred by Lessor in such
suit or suits.
17.
Equipment" means rental equipment identified in
this agreement along with all accessories attached thereto or contained
therein, or included to make up a usable unit.
18.
It is expressly understood that this is a rental
contract and does not involve a purchase agreement except those miscellaneous
products listed in the sale section. Title to the rented property is explicitly
reserved to the Lessor.
19.
THERE ARE NO WARRANTIES OF MERCHANTABILITY OR
FlTNESS, EITHER EXPRESSED OR IMPLIED. There is no warranty that the equipment
is suited for Lessee's intended use, or that it is free from defects.
20.
Failure, refusal or neglect by the Lessee to return
the rented equipment within 72 hours after the agreed rental period has
expired, or the presenting of false or misleading identification to the Lessor
shall be Prima Facie evidence of intention to commit larceny.