1. Definitions: For the purposes of this Rental Agreement, “Rental Center” shall mean “El Jardin de los Sabores Party Rentals LLC, / Party Planet Rentals and Supplies” its owners, officers, directors, shareholders, and employees, and “Customer” shall mean the individual or entity renting equipment from Rental Center, as well as customer’s agents, employees, and/or subcontractors. “Rental Items” shall mean the items rented by Customer from Rental Center which are the basis of this agreement. In consideration of renting the items described on the front of this rental agreement, it is agreed as follows:
2. Indemnity/Hold Harmless: CUSTOMER WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE ITEMS RENTED, AND PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER AGREES TO HOLD HARMLESS RENTAL CENTER FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEY FEES, AND COSTS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP, OR RENTAL OF THE RENTAL ITEMS, HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH THE ALLEGED SOLE NEGLIGENCE OR ALLEGED WILLFUL MISCONDUCT OF RENTAL CENTER.
3. Assumption of Risk and Release/Discharge of Liability: CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THE RISK OF INJURY AND/OR DAMAGE ARISING OUT OF THE SETUP, USE, AND/OR OPERATION OF THE ITEMS RENTED HEREIN. CUSTOMER FULLY ACKNOWLEDGES SAID RISKS AND ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL RISKS OF INJURY OR DAMAGE. CUSTOMER UNDERSTANDS AND AGREES TO RELEASE AND DISCHARGE RENTAL CENTER FROM ANY AND ALL RESPONSIBILITY AND/OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE SETUP, USE, OR OPERATION OF THE RENTAL ITEMS. CUSTOMER FURTHER AGREES TO WAIVE, RELEASE, AND FOREVER DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST RENTAL CENTER WHICH CUSTOMER OTHERWISE MAY BE ABLE TO ASSERT.
4. Title and Ownership: The Rental Items shall at all times be and remain the sole and exclusive property of Rental Center. Rental Items are for rental only and not for sale. Customer’s right of possession is limited exclusively to the time period and terms and conditions of this Rental Agreement. Rental Center shall have the right to display notice of its ownership of the Rental Items at all times, and Customer agrees to not modify, remove, or cover such notice of Rental Center’s ownership without written permission from Rental Center. The parties to this agreement acknowledge, agree, and expressly intend that Rental Items shall remain Rental Center’s exclusive personal property even though such Rental Items may be affixed or attached to real estate. Customer agrees that the Rental Items shall not be removed from the place of delivery or installation without the express written permission of Rental Center.
5. Inspection: Customer acknowledges that he/she has had an opportunity to personally inspect Rental Items and finds them suitable for his/her needs and in good condition. Customer understands the proper and intended use of the Rental Items. Customer further acknowledges and agrees that Customer must inspect the Rental Items prior to their use and to immediately notify Rental Center of any defects.
6. Replacement: If Rental Items become unsafe or in disrepair for any reason, including normal use, Customer agrees to immediately discontinue use of such items and to immediately notify Rental Center. RENTAL CENTER IS NOT RESPONSIBLE FOR ANY ACTUAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO DELAYS CAUSED BY LOSS OF USE DURING CUSTOMERS PERIOD OF POSSESSION OF RENTAL ITEMS.
7. No Warranties: Rental Center is not the manufacturer of the Rental Items, nor an agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and all warranties, if any, whether express or implied, are waived by Customer. No warranty of merchantability or fitness, or of any other variant, whether express or implied, is made to Customer, which Customer hereby expressly waives.
8.Hold Harmless Agreement: Customer agrees to defend, indemnify, and hold harmless Rental Center, its employees, agents, directors, and subsidiaries, from and against all claims, liabilities, losses, damage to person or property of every character, resulting from the acts or omissions, negligent or otherwise, of Customer and/or Customer’s agents, employees, subcontractors, or affiliates. The indemnities included in this agreement shall include reasonable attorney’s fees paid by Rental Center in defending such claim or lawsuit, and actions involving liability covered by the indemnity provisions of this agreement.
9. Time of Return: Customer’s right of possession of the Rental Items terminates on the expiration of the rental period in this agreement. Customer’s possession after expiration of Customer’s right of possession constitutes a material breach of this contract. Time is of the essence in this agreement. Any extension of Customer’s right of possession is subject to Rental Center’s approval and must be in writing and signed by all parties to this Rental Agreement.
10. Assignments: Subleases, and Loans of Rental Items: Rental Center may assign its rights under this contract at any time without Customer’s consent. Customer may not sublease, assign, lend, or loan the rental items without Rental Center’s written permission. Customer agrees that any attempted or purported assignment of the Rental Items or of Customer’s obligations under this Rental Agreement is void.
11. Return of Rental Items: At the termination of Customer’s right of possession of the Rental Items, Customer shall promptly return all Rental Items to Rental Center’s premises, during Rental Center’s normal business hours, in the same condition as when picked up or delivered to Customer, subject to regular wear and tear. Failure to return items in a timely manner will result in additional fees. Customer shall be liable for all damage to the Rental Items or loss of Rental Items that should occur if not returned to Rental Center under the terms of this agreement. Customer shall be responsible for all losses or damages to the Rental Items from time of delivery to Customer until returned to Rental Center’s possession.