EQUIPMENT RENTAL AGREEMENT
This EQUIPMENT RENTAL AGREEMENT (this “Agreement”) is entered into effective as of this purchase date by and between Beach Genie, Inc. (the “Company”) and the purchaser (the “Renter”) (collectively referred to as the “Parties”).
WHEREAS, the Company is the owner of certain Equipment described in Section 1 of this Agreement; and
WHEREAS, Renter desires to lease the Equipment from the Company and the Company agrees to lease the Equipment to Renter under the terms and conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained in this Agreement, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
- Equipment. The Company hereby leases to Renter and Renter hereby leases from the Company certain equipment (the “Equipment”), as fully listed and described in the online order transaction on www.thebeachgenie.com.
- Delivery. The Company agrees to deliver to Renter the agreed upon equipment at the selected location, city date and time.
- Services. Upon Renter’s election, the Company hereby agrees to perform and provide Renter with certain services, as fully described in Exhibit B, attached hereto, and incorporated herein by reference. All services will be performed to Renter by the Company at the agreed upon location and time.
- Rental Term. This Agreement shall be for the designated rental term of this purchase, which shall commence on the Effective Date and shall, unless terminated earlier as provided in this Agreement, terminate on the agreed upon return date and time
- Rental Rate. As rent for the Equipment and/or Services, Renter shall pay to the Company, the designated rental rate of this purchase as set forth by the Parties. The rental payment shall become due and payable upon Company’s receipt of the Equipment from Renter.
- Security Deposit. To secure performance of Renter’s obligations under this Agreement, Renter shall pay to the Company the sum of $100 as a security deposit. Upon the return of the Equipment to the Company in good working order, without damage, the Company will apply the security deposit to the final bill.
- Return of Equipment. Upon termination of this Agreement, Renter, shall promptly deliver the Equipment to the Company at the agreed upon time on the end date of this contract.
- Late Charges: If Renter does not return the Equipment to Company upon the termination of the agreed upon Term, Renter agrees to pay Company a late fee of $100.
- Use of Equipment. Renter shall exercise due care in its operation, use and maintenance of the Equipment. Renter shall not use, and shall not permit others to use, the Equipment in any manner that would contravene applicable laws, rules, regulations, would violate the terms of any manufacturer’s or like warranty, or would contravene the manufacturer’s reasonable operational standards for the Equipment. Further, pursuant to the City of Oceanside’s orders, Renter shall not use the Equipment below the water line. If the Company notifies Renter of any additional operational standards, Renter shall adhere, and shall cause others using the Equipment under this Agreement to adhere, to such standards in the operation of the Equipment. Renter shall not alter or modify the Equipment without the prior written consent of the Company.
- Condition of Equipment and Repair. Renter has inspected the Equipment and acknowledges that the Equipment is in good and acceptable condition.
- Insurance. Company offers NO insurance coverage for equipment damages incurred during Renter rental period.
- Damages. Renter assumes full responsibility for any damages, abandonment, or loss of the Equipment from the time of Renter first possession of the same and until it is returned to, and properly secured at, the designated location approved by Company. Renter agrees to compensate the Company for all damages to and/or loss of the Equipment, whether caused by theft, negligence, intentional misuse, or otherwise, excluding normal wear and tear damages. If Renter has placed a credit case on file with Company, the Company may charge the card to cover these expenses.
- Renter’s Limitation of Damages. In no event shall Company be liable for any indirect damages, incidental damages, consequential damages, general damages, special damages or any damages for loss of profits, product, revenue or loss incurred by Renter or any third party, whether in an action in contract, tort, or otherwise even if advised of the possibility of such damages. Renter’s liability for damages arising out of or in connection with this agreement shall in not event exceed the rental price Renter paid to Company.
- Security Interests in the Equipment. Renter agrees he is renting the Equipment for a limited time as set forth in this Agreement. Renter has no ownership right in the Equipment and, in no event, shall Renter assert any ownership interest in or to the Equipment. Renter shall not sell the Equipment or permit any person or business entity to assert a security or other interest in the Equipment. At all times during the Term, Renter shall ensure that the Equipment is owned by the
- Disclaimer of Warranties. The Company disclaims and excludes all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, concerning the Equipment leased under this Agreement. The Parties acknowledge and agree the Equipment shall be leased and accepted “AS IS” with all defects.
- Entire Agreement; Amendment. This Agreement (including all attached or referenced exhibits and the Release and Waiver of Claims; Assumption of the Risk; and Indemnification Agreement) is intended by the Parties as the final and binding expression of their agreement and as the complete and exclusive statement of its terms. This Agreement cancels, supersedes, and revokes all prior negotiations, representations, and agreements between the Parties, whether written or oral, relating to the subject matter of this Agreement. The terms and conditions of any purchase order or similar document submitted by Renter in connection with this Agreement shall not be binding upon the Company. This Agreement may be amended only in writing duly executed by all
- Assignment. This Agreement may not be assigned by a Party without the prior written consent of the other Party. Any assignment attempted to be made in violation of this Agreement shall be void. In the event of any assignment, Renter shall remain responsible for its performance and liable for assignee’s
- Governing Law; Consent to Jurisdiction. The internal laws of the state of California shall govern the validity, construction, and enforceability of this Agreement, without giving effect to its conflict of laws principles.
- Severability. If one or more provisions of this Agreement, or the application of any provision to any Party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this Agreement and the application of the provision to other Parties or circumstances shall remain valid and in full force and
- Non-Waiver of Defaults. Any failure of the Company at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms and conditions of this Agreement, or to exercise a right hereunder, shall not constitute a waiver of such terms, conditions or rights, and shall not affect or impair the same, or the right of the Company to avail itself
- Section Headings. All section headings are for convenience of reference only and are not intended to define or limit the scope of any provision of this
- Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same
BY SELECTING “I AGREE TO THE TERMS & CONDITIONS OF THIS TRANSACTION” AT CHECKOUT, I ACKNOWLEDGE THAT:
IN WITNESS WHEREOF, the Parties have entered into this Agreement, effective as of the Effective Date set forth by the purchase date of this transaction.
RELEASE AND WAIVER OF CLAIMS; ASSUMPTION OF THE RISK; AND INDEMNIFICATION AGREEMENT
In consideration of the Renter’s use of the Equipment and/or participation in the Services provided by Beach Genie, Inc., the Renter and his/her parent(s) or legal guardian(s) if the Renter is a minor, do hereby agree to the fullest extent permitted by law, as follows:
- Waiver of Claims. Renter waives all claims he/she has or may have against Beach Genie, Inc., its owners, affiliates, operators, employees, agents, officers and the City of Oceanside arising out of the Renter’s use of the Equipment and/or participation in the Services provided by Beach Genie, Inc.
- Assumption of Risk. Renter assumes all risks from using the Equipment and/or participating in the Services provided by Beach Genie, Inc., even those caused by the negligent acts or conduct of Beach Genie, Inc., its owners, affiliates, operators, employees, officers, Main Street Oceanside, Inc. and Mainstreet Foundation and the City of Oceanside. Renter, and persons on his/her behalf, understand that there are inherent risks of using the Equipment and/or participating in the Services provided by Beach Genie, Inc., which may be both foreseen and unforeseen and include serious physical injury and death.
- Release of Liability. Renter agrees to release Beach Genie, Inc., its owners, affiliates, operators, employees, agents, officers, Main Street Oceanside, Inc. and Mainstreet Foundation and the City of Oceanside from all liability for any loss, damage, injury, death or expense that the Renter or any other person (including Renter’s heirs, assigns, and legal representatives) may suffer, arising out of use of the Equipment and/or participation of the Services provided by Beach Genie, Inc. during the Term. Renter specifically understands that he/she is releasing any and all claims that arise or may arise from any negligence or conduct of Beach Genie, Inc., its owners, affiliates, operators, employees, agents, officers, and the City of Oceanside to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct.
- Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, Renter shall on his/her or on the behalf of his/her, and/or their, heirs, assigns, and legal representatives (each of the foregoing is a “Releasor”) does hereby release, indemnify, discharge, and agree to hold harmless Beach Genie, Inc., Main Street Oceanside, Inc. and Mainstreet Foundation and the City of Oceanside, (and their respective officers, directors, members, employees, agents, and contractors – collectively, “Releasees”) from any and all claims, demands, cause of action, losses, and liability arising out of or related to any injury of any kind, property damage, of any kind, serious bodily injury, paralysis, or death, which may arise and/or result from the Renter’s use of the Equipment and/or participation of the Services provided by Beach Genie, Inc., including those injuries caused by Releasees’ active or passive negligence. If any lawsuit or other claim is brought by Renter, or by anyone on behalf of Renter, which arises from or relates to injuries sustained to the person or property of Renter, or as a result of, his/her use of the Equipment, then Renter shall be responsible for all of the Releasees’ defense costs, including, its reasonable legal fees, and in addition, Renter shall be obligated to pay in full the amount of any resulting judgment entered against Releases, or anyone on or more of them, and /or the amount of any god faith settlement agreed upon by Releasees, or any one or more of them, to avoid a trial or other adverse disposition of such claim.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by Beach Genie, Inc. and its counsel in any proceeding.
BY SELECTING “I AGREE TO THE TERMS & CONDITIONS OF THIS TRANSACTION” AT CHECKOUT, I ACKNOWLEDGE THAT: 1) I HAVE FULLY READ AND UNDERSTAND THE RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK; 2) I HAVE FULLY READ AND UNDERSTAND ALL RIGHTS BEING GIVEN UP BY AGREEING TO THE TERMS AND CONDITIONS AT CHECKOUT; AND 3) I AM AGREEING TO THESE TERMS AND CONDITIONS VOLUNTARILY OR ON MY OWN FREE WILL.