Rental Agreement - Terms & Conditions
TERMS AGREED TO IN THIS CONTRACT
1. Sunny Side Party Rentals, Lessor, hereby rents to the Lessee named on Page I the equipment described on the
contract as outline is subject to all the terms and provisions on Page 1 and Page 2 of this contract
2. Lessee will return the equipment to the Lessor's address and on the date shown on the rental agreement or earlier
if demanded all accessories in the same condition as when received ordinary wear and tear excepted. LESSEE
SHALL BE FULLY LIABLE FOR DAMAGE AND ALL OTHER LOSS. IF THE EQUIPMENT IS LOST,
STOLEN, DESTROYED, OR OTHERWISE RENDERED UNFlT FOR NORMAL USAGE, LESSEE SHALL
BE FULLY LIABLE FOR, AND AGREES TO PAY LESSOR, IMMEDIATELY UPON DEMAND THE FULL
REPLACEMENT COST FOR SAID EQUIPMENT, TOGETHER WITH INTEREST THEREON AT THE
RATE OF EIGHTEEN PERCENT (18%) PER ANNUM COMPOUNDED DAILY, UNTIL SAID SUM IS
PAID IN FULL TO LESSOR, except as provided in Section 20, damage waiver.
3. Lessee shall not permit any repairs to the equipment or suffer any lien to be placed upon it without Lessor's
consent, and the Lessee will pay any and all unauthorized charges in connection with any repairs. Lessee will
pay for all repairs and replacement resulting from causes inherent in the use to which the equipment is put.
4. Neither Lessee nor any operator of the equipment shall be deemed to be an agent, servant, or employee of
Lessor for any reason or for any purpose.
5. LESSEE SHALL INDEMNIFY AND HOLD LESSOR HARMLESS from all fines, penalties, forfeitures and
disabilities arising from use of the rented equipment and imposed by any federal, state, county and municipal
statute and law or insurance policy provision. Lessee shall be liable for all damages to the rented equipment and
for all other claims if Lessee uses, or permits its operation by an operator under the influence of drugs or alcohol
or in violation of criminal statutes, or is grossly negligent in operation of the equipment or otherwise violates the
terms of this rental agreement.
6. Lessee shall immediately report any accident to Lessor and deliver to Lessor or its insurer, every process,
pleading notice or paper of any kind received by Lessee or any operator of the equipment relating to any claim,
suit or proceeding connected with any accident or event involving the equipment. Neither Lessee nor any
operator of the equipment shall aid or abet the assertion of any such claim, suit or proceeding and shall
cooperate fully with Lessor and its insurer in investigating and defending the same.
7. INDEMNITY: Lessee shall, to the fullest extent permissible by law, defend, indemnify and hold harmless
Lessor, its employees and agents, from and against any and all losses, liabilities, damages, injuries, claims,
demands, cost and expenses of every character whatsoever (including without limitation ,(i) demands arising
from injuries or death of persons, including employees of either Lessor or Lessee, (ii) claims of or liabilities to
third parties arising out of the abandonment, conversion, secretion, concealment, or unauthorized sale of the
equipment by Lessee or its operator, agents, or employees or the confiscation of the equipment by any
government authority for illegal or improper use of said equipment, and (iii) demands for damage to property),
arising directly or indirectly, at any time, out of the obligations herein undertaken or out of or connected with the
possession, maintenance or use of the equipment. The provisions of the indemnity described herein shall apply
whether or not Lessor's negligence, active or passive, contributed in any way towards the alleged injury or harm
and shall not be limited except to the extent that it will not apply to claims caused by the sole negligence or
willful misconduct of Lessor. Lessee further agrees it will reimburse Lessor for any expenditures, including
reasonable attorneys' fees, Lessor may make by reason of such and, if requested by Lessor will defend any such
claims at the sole cost and expense of Lessee.
8. ASSUMPTION OF RISK: Lessee hereby assumes any and all risks of damages to Lessee and to Lessee's agents,
employees and representatives, and to all others, arising out of or in any way related to this rental, and Lessee's
use of the equipment and property rented pursuant hereto.
9. INSURANCE: Without a limitation on any other obligation of Lessee pursuant hereto, Lessee shall, at its own
expense, secure and maintain insurance in effect under the terms of this Rental Agreement. This insurance shall
name Lessor as an additional insured, and shall specifically state that it is primary insurance for the benefit of
Lessor and Lessee. Such insurance shall include (1) Worker's Compensation coverage and Employer's liability
insurance that shall provide defense and indemnity on a primary basis to Lessor for damages, injuries, and
workers compensation benefits incurred by or claimed by Lessee's agents employees and representatives; (2)
Liability insurance providing primary insurance to Lessor for defense of claims and actions arising out of or in
any way related to this rental, and Lessee's use of the equipment and property rented pursuant hereto; (3)
Liability insurance providing primary indemnity coverage to Lessor with limits of no less than the limit
presently covering Lessee for liability of actions arising out of or in any way related to this rental, and Lessees
use of the equipment and property rented pursuant hereto. All such insurance shall be primary for all purposes,
regardless of other insurance that may be available to Lessor, and shall contain a severability of interest clause.
ln the event that Lessee fails to comply with this provision, damages in any action by Lessor against Lessee for
breach of this provision, shall include but not be limited to, the dollar amount of insurance benefits that Lessor
would have received had Lessee complied with this provision.
10. LESSOR SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO ANY PROPERTY OF LESSEE or any
other person which may have used or been in contact with the equipment either before or after its return to
Lessor whether or not related to the negligence of Lessor or its agents, representatives or employees. Lessee
shall assume all risk of such loss or damage, waive all claims therefore against Lessor, and defend, indemnify
and hold Lessor harmless from all claims arising out of such loss or damage.
11. LESSOR MAY DEMAND THE RETURN OF THE EQUIPMENT AT ANY TIME, and if in Lessor's judgment
such demand might not be complied with, Lessor may repossess the equipment and terminate this Rental
Agreement without any liability for any loss or damage which losses may be sustained as a result of such
demand, termination or repossession. Lessor may assign its rights under the contract without the Lessee's
consent, but will remain bound by all obligations herein. The Lessee shall not sublease, assign or loan
equipment. The equipment shall not be used by the Lessee when in a bad state of repair or unsafe.
12. Lessee will pay Lessor on demand all time and mileage, service, minimum or other charges entered on Page 1,
at the rates shown or computed as provided in the Rental Agreement. If Lessee has directed charges to be billed
to another person and such person shall fail to make payments, Lessee shall pay such charges. LESSOR MAY
RETAIN THE amount to replace the machine up to a total of $1500 to apply toward any amount due herein. The
Lessor shall have the right but not the obligation, to reasonably inspect the rented equipment, to enter the
premises where it is located for purposes of inspecting it and insuring that proper use is being made thereof.
Conditions that prevent satisfactory use of the rented equipment do not relieve Lessee of their obligation to
return the rented property and pay the rental fees. ALL ACCOUNTS NOT TIMELY PAID SHALL BEAR
INTEREST AT THE RATE OF 1.5% PER MONTH, OR THE HIGHEST LEGAL RATE, WHICH EVER IS
LOWER until paid.
13. Lessee agrees that the rented equipment is in a safe and satisfactory condition; that Lessee has inspected it or has
been given the opportunity to inspect it before accepting it for use. THE LESSEE ACKNOWLEDGES THAT
THEY HAVE THE DUTY TO INSPECT THE EQUIPMENT PRIOR TO USE and notify the Lessor of any
defects found. In the event the equipment becomes unsafe or in disrepair due to normal use, the Lessee agrees to
discontinue use and notify the Lessor, who will replace the equipment with a similar one in working order as
available. The Lessor is not responsible for any incidental or consequential damages whatsoever caused by
delays or otherwise.
14. Lessee agrees that any misstatement herein contained or giving of false identification, address, telephone
number, fictitious name, or any breach of any provision of this agreement will authorize the Lessor to, forthwith,
repossess the rented equipment by use of any lawful means.
15. Neither the Lessee nor any other person operating the equipment shall leave it unattended. Lessee is responsible
for theft or damage to rented equipment under any circumstances, and has sole responsibility for proper and safe
storage and protection of it while this contract is in effect.
16. If suit is instituted by Lessor to recover possession of said equipment or to enforce any term of this agreement or
to collect any sums of money, damages, or costs from Lessee herein, Lessee shall pay all costs and reasonable
attorney's fees and collections costs incurred by Lessor in such suit or suits.
17. Equipment" means rental equipment identified in this agreement along with all accessories attached thereto or
contained therein, or included to make up a usable unit.
18. It is expressly understood that this is a rental contract and does not involve a purchase agreement except those
miscellaneous products listed in the sale section. Title to the rented property is explicitly reserved to the Lessor.
19. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FlTNESS, EITHER EXPRESSED OR
IMPLIED. There is no warranty that the equipment is suited for Lessee's intended use, or that it is free from
defects.
20. Failure, refusal or neglect by the Lessee to return the rented equipment within 72 hours after the agreed rental
period has expired, or the presenting of false or misleading identification to the Lessor shall be Prima Facie
evidence of intention to commit larceny.