1. Unless prevented by fire, storm, earthquake, war, or other natural and man-made disasters out of Lessor’s control, Lessor shall make available the Rental Equipment to Renter on the date specified on the reverse page. Renter acknowledges the receipt of the Rental Equipment in good and serviceable condition. Renter further acknowledges that it was provided an opportunity to examine the Rental Equipment and has done so to the satisfaction of the Renter.
2. Title to the Rental Equipment shall, at all times, remain in the Lessor. In no event shall this Agreement be construed as being for the sale of the Rental Equipment. If, for any reason, Lessor deems it necessary to retake the Rental Equipment, Lessor and/or its agents, employees or assigns may enter upon Renter’s property and retake the Rental Equipment without advance notice or legal process. Renter agrees that Lessor and its agents may take all actions deemed necessary to retake the Rental Equipment and hereby waives all claims for damages and loss caused by the retaking of the Rental Equipment by any party. Renter agrees to pay all costs and expenses incurred by Lessor in retaking the Rental Equipment, including costs of collection and reasonable attorney’s fees.
3. Renter acknowledges that Lessor is not the manufacturer of the Rental Equipment and that Lessor does not give any warranty, whether express or implied, against evident or hidden defects in material, workmanship or capacity. Specifically Lessor does not give any implied warranty of fitness for a particular purpose or merchantability. In the event that the Rental Equipment becomes unsafe or in a state of disrepair (“Broken Equipment”), Renter shall immediately discontinue its use, notify Lessor, and promptly return the Broken Equipment to the Lessor, if possible. If the condition is not the fault of the Renter, the Lessor shall replace the Broken Equipment with equipment of a like kind in good working order or refund the Renter.
4. Renter shall be liable for any loss, theft, damage, or destruction of the Rental Equipment from any cause whatever during the term of this lease. Renter also assumes full responsible and liability for any damage to the Rental Equipment and any property contained therein regardless of the cause of said damage. All use of the Rental Equipment is at Renter’s own risk and Lessor assumes no responsibility for the Rental Equipment while in Renter’s possession.
5. At the termination of this Agreement, Renter shall promptly return the Rental Equipment, including but not limited to, all parts, attachments, and manuals, to the Lessor’s place of business, unless Lessor specifically agrees to pick up the Rental Equipment. This Agreement shall terminate at the end of Lessor’s business hours on the “End Date” established on the reverse side, unless Lessor, at its sole discretion, grants an extension. If Renter fails to return the Rental Equipment upon the termination of this Agreement, Renter shall forfeit the Security Deposit and pay Lessor the per day rental rate for each day past termination, as a late fee. Lessor, at its sole discretion, may choose to waive such late fee, but such waiver shall not constitute a waiver of any other rights Lessor may have under this Agreement.
6. Renter shall return the Rental Equipment in the same condition as it was received, ordinary wear and tear excepted. Subject to Paragraph 11 below, Renter agrees to pay for any damage to or loss of the Rental Equipment or its parts, attachments, or manuals, during the term of the Agreement. Should collection or litigation become necessary to collect damage or loss, Renter agrees to pay all costs of collection, including reasonable attorney’s fees and court costs.
7. For security against lost or damaged Rental Equipment, and unpaid fees, a security deposit of 50% of the Rental Charges is required (“Security Deposit”). The Security Deposit will be refunded after Lessor has verified that all goods have been returned in good condition and any adjustments have been made for lost or damaged Rental Equipment and Rental Charges due. Security Deposit is forfeited if Rental Equipment not returned within 15 minutes of return time. A detailed invoice of all Rental Charges will be provided to Renter after the event. Any charges left unpaid will be deducted from the Security Deposit and the balance will be billed to Renter or charged to Renter’s credit card.
8. Renter agrees to indemnify and save harmless Lessor, its subsidiaries, agents, managers, members, officers, and employees, against all loss, damage, expense, and liabilities, including those from any action for injury to person or property, arising out of the use, operation, handling, or transportation of the Rental Equipment during the term of this Agreement or while the Rental Equipment is in the possession or control of the Renter.
9. Renter shall not cause any lien or levy to be placed on the Rental Equipment. Renter shall immediately notify Lessor if any lien or levy has been placed on the Rental Equipment and shall discharge such lien immediately.
10. Renter shall keep the Rental Equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof, and shall carry public liability and property damage insurance covering the Rental Equipment.
11. If Renter opts for the Damage Waiver Charge (DWC) as specified, subject to the limitations and exclusions below, Lessor agrees to modify the terms of this Agreement and relieve Renter of liability for accidental damage to the Rental Equipment or its parts, attachments, or manuals (“Damage Waiver”). This Damage Waiver is not insurance. Any damage due to a crime, misuse, or gross negligence, any intentional damage, damage resulting from use by an unauthorized user, or loss of Rental Equipment is not subject to the Damage Waiver. Renter shall be fully liable for such damages from improper use. For the purposes of this paragraph, “gross negligence” shall mean disregard of common sense care which the Renter could reasonably be expected to use if the equipment were his/her own.
12. Renter does hereby release and covenant not to sue Lessor and all of its successors, assigns, subsidiaries, affiliates, officers, members, employees, and agents in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of its use of the Rental Equipment, including without limitation, those based on death, bodily injury or property damage.
13. Renter agrees that Renter has an Ohio boating license and/or has passed the boating proficiency exam prior to operating the Rental Equipment. Renter shall be liable to Lessor for any fees, fines, or business interruption caused by Renter’s lack of proper license.
14. The provisions of this Agreement shall be construed by the laws of the State of Ohio without regard for its choice of law principles. If any provision is deemed to violate the law or unenforceable, the remaining provisions of the Agreement shall remain valid.
15. This contract constitutes the entire agreement between the parties and any other representations, oral or otherwise, are void unless explicitly set forth in this contract.
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