PARTIES: The Lessee hereby engages RentMyPole.com (hereinafter called Lessor) who agrees to furnish the items described below upon the terms and conditions set forth herein.
DEPOSIT: The Fully Refundable Reservation Deposit is due the day reservation is made. Rental Fee is due not later than two weeks weeks prior to actual date of event.
PAYMENT: Full payment is due no later than two full weeks prior to event via PayPal, authorized agent or any other means deemed necessary by Lessor. Full payment includes possible fully refundable reservation deposit of ($75) [which is paid in advance the day a mutually agreed upon reservation date is made between both parties] plus remaining rental fee of equipment.
CANCELLATIONS: Any cancellations must be received in writing to email address email@example.com at least two weeks before the scheduled date of event. If cancellation is not received, the $75 deposit fee will be forfeited.
TIMING/MISC FEES: The reserved rental shall be delivered in the AM (before 12pm) or PM (after 12pm) unless both parties agree upon other arrangements. Lessor will make every attempt to work with the Lessee, but it's the Lessee's responsibility to make arrangements for the date and time of approximate tear down and pickup. Lessee will be billed 100% of rental fee if those arrangements are not made unless other wise noted by Lessor.
SETUP: The Lessor will be responsible for and provide free drop off, setup/install, tear down and pickup of said equipment provided access has been made by Lessee.
NEGLIGENCE OR ABUSE: Lessee agrees to be responsible for any loss, theft or damage to Lessor Rental equipment, if damage is incurred while the equipment is in the possession of the Lessee. Damage fees vary but are estimated as stated below:
$100-$500 for repairs which are to be determined by Lessor.
$1000 if the unit is completely none repairable which is to be determined by Lessor.
A. HOLD HARMLESS PROVISION: Lessee agrees to indemnify and hold Lessor harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorney’s fees arising by reason of skin irritation, rashes, injury, damage, or death to persons or property, in connection with or resulting from the use cite equipment including, but not limited to the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless Lessor from injuries or damages incurred as a result of the use of said equipment unless Lessor is operating the equipment and is deemed by a court of law to be negligent in its actions. Lessor cannot, under any circumstances, be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Lessor from any loss, damage, theft, or destruction of the equipment during the term of this contract and any extension thereof.
B. DUTY TO MITIGATE: In the event of injury, damage or loss due to Lessor’s negligence, Lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damages or loss.
C. DISCLAIMER OF CONSEQUENTIAL DAMAGES: By agreeing to this rental agreement, Lessee agrees to forego seeking any consequential damages in the event of injury, damage or loss due to Lessor’s negligence.
D. DISCLAIMER OF WARRANTIES: Lessor makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by Lessee from Lessor. By submitting the initial fully refundable reservation fee, Lessee agrees that any warranty of merchantability or fitness for a particular purpose is hereby disclaimed. By submitting the initial fully refundable reservation fee, Lessee agrees that no express warranty as to the condition or performance of any equipment and/or property leased by Lessee is hereby disclaimed.
E. MERGER CLAUSE: By agreeing to this Rental Agreement between Lessor and Lessee. No amendment, whether from previous or subsequent negotiations between Lessor and the Lessee, shall be valid or enforceable unless in writing and agreed upon by all parties to this contract. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof.
Please note that Lessor always disinfects the equipment but suggests that all Lessees perform their own due diligence pertaining to the complete sanitizing of rented equipment.
This Rental Agreement is a legal and binding contract and should be read in its entirety prior to exchanging any monies as proof of agreement.