RELEASE OF LIABILITY AND ASSUMPTION OF RISK
1. The RENTER shall keep and maintain the rented equipment during the terms of the rental at his own cost and expense. He shall keep the equipment in a good state of repair, normal wear and tear excepted.
2. The RENTER shall pay the OWNER full compensation for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. The OWNER’s invoice for replacement or repair is conclusive as to the amount RENTER shall pay in the security deposit and total cost of replacement fields of this item.
3. The RENTER shall not remove the equipment from the address of the RENTER or the location shown herein as the place of use of the equipment without prior documented approval of the OWNER. The RENTER shall inform the OWNER upon demand of the exact location of the equipment while it is in the RENTER’s possession.
4. The equipment shall be delivered to RENTER and returned to OWNER at the RENTER’s risk, cost and expense in adherence to the terms of the rental agreement.
5. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of any of the rights OWNER has under the rental agreement.
6. The RENTER shall allow OWNER to enter RENTER’s premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the RENTER is in default of any of the terms and conditions of this agreement, the OWNER, and his agents, at the RENTER’s risk, cost and expense may at any time enter the RENTER’s premises where the rented equipment is stored or used at all time and recover the rented equipment.
7. The RENTER shall not pledge or encumber the rented equipment in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER’s filing for protection from creditors in any court of competent jurisdiction.
8. The OWNER makes no warranty of any kind regarding the rented equipment, except that OWNER shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions or issue a refund less any applicable 3rd party fees. Such replacement shall be made as soon as practicable after RENTER returns the non-conforming equipment.
9. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
10. The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by OWNER in protection its rights under this rental agreement and for any action taken OWNER to collect any amounts due the OWNER under this rental agreement.
11. These terms are accepted by the RENTER upon
12. I hereby acknowledge that ChainRent and the Owner of the items shall not be held liable or responsible in any way for any injury, death, or other damages to me, my family, estate, heirs or assigns which may occur as a result of the rental and/or use of the items, or as a result of product defect of the negligence of any party, including the released parties, whether passive or active.
13. I further state that I am of lawful age and legally competent to accept this liability release. I understand the terms herein are contractual and not a mere recital, and that by proceeding in this transaction of my own free act and with the knowledge that I hereby agree to waive my legal rights.
