LIBERTY BOXES RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is effective as of the date of last signature (“Effective Date”), and is made between Joseph Dain Doing Business As Liberty Boxes, organized under the laws of Columbia County, GA, and [INSERT INDIVIDUAL NAME] (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
________________________________________________________________________
________________________________________________________________________ (“Equipment”).
1. Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Renter shall have the Equipment ready for pick-up on ___________, unless terminated earlier consistent with the terms herein.
2. Payment. Renter shall pay the following:
$25.00, already paid at time of reservation.
$XXX.00, at time contact is signed.
and authorize Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement.
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including shipping fees;
b) late return fees as outlined in Liberty Boxes Terms and Privacy.
c) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
d) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
e) all costs incurred to collect unpaid monies due; and
f) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
3. Location of Equipment. During the term; Equipment will be used to transport items between _____________________________________ and ________________________________________, and should remain at one of the aforementioned locations, unless expressly agreed otherwise in writing by owner.
4. Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that would not be considered “normal”.
5. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
6. Restrictions on Use. Renter shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
7. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
8. Condition of Equipment. The signing of this Agreement implies that all Equipment is in operating condition and free of any major defects.
9. Return of Equipment. Renter shall leave Equipment ready for pick-up on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Owner will pick-up the Equipment at the agreed return location. If Equipment is not returned on said date, Owner reserves the right to charge Renter as outlined in Liberty Boxes Terms and Privacy.
10. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
11. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
13. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
14. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
Joseph Dain INSERT RENTER NAME
Printed Name Printed Name
_________________________________ ________________________________
Signature Signature
________________________________ ________________________________
Date Date
________________________________ ________________________________