Common use of Rental Agreement Clause in Contracts

Rental Agreement. I hereby agree to rent the Equipment from Freewheeling, and to return all of the Equipment at the expiry of the rental period specified in this Agreement and any additional period(s) thereafter before delivery back to Freewheeling’s possession (collectively, the “Rental Period”), and at such rental rates (“Rentals”) as provided for in this Agreement. I shall return the Equipment to Freewheeling in the same condition as when delivered to me, reasonable wear and tear excepted only. I acknowledge that I am responsible for the Equipment howsoever used by me, including in a tour or excursion organized by Freewheeling. I understand that the Equipment is for my sole use, and that I will be responsible for any loss or injury if I lend the Equipment to others. I acknowledge that it is my responsibility to inspect the Equipment before use, that I rely on my inspection to determine the quality and suitability for my use, and that I have had adequate opportunity to fully inspect and confirm that the Equipment is operating satisfactorily prior to signing this Agreement. I agree that I will, at all times, use the Equipment in a careful, safe and conscientious manner and in accordance with all applicable laws and regulations. I acknowledge that the use of a helmet, properly sized, fitted and fastened, is mandatory at all times while using bicycle Equipment. I understand and acknowledge that the use of a helmet does not eliminate, and may not reduce, the risk of injury or accident. In the event of loss or damage to the Equipment, I agree to pay replacement value thereof to Freewheeling, should Freewheeling elect to replace the Equipment, otherwise I shall only be required to pay fair market value for Equipment, and in the event of damage which is less than a loss or constructive loss of the Equipment, to pay for the cost of repairs. I also agree, without prejudice to any other remedy Freewheeling might have, that any and all amounts due hereunder can be deducted from or charged to any deposit lodged with Freewheeling and I otherwise authorize Freewheeling to charge the credit card information provided by me for any and all late return fees and costs of loss or damage to the Equipment during the Rental Period as set out herein.

Rental Agreement. I Xxxxxx acknowledges receipt of property described herein. The parties agree that the property was physically inspected by Xxxxxx and Xxxxxx at time of delivery and acceptance and hereby agree deemed to rent be in good serviceable condition. Title to the Equipment from Freewheeling, rented property is and at all time herein shall remain with Lessor. No other person shall be permitted to return all use the rented equipment without the express written consent of the Equipment at Lessor and the expiry equipment shall not be relocated from its delivered or intended location without the express written consent of the Lessor. THERE IS NO WARRANTY AGAINST PATENT OR LATENT DEFECTS IN MATERIAL, WORMANSHIP OR CAPACITY. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSED OR IMPLIED. If leased/rented items are utilized on construction projects on which a surety payment bond is furnished, Lessee hereby acknowledges and agrees that items herein are required for use and will be incorporated into the construction of said project and that said items will not be removed from the project without the express written consent of Lessor. Upon termination, default or breach of the rental agreement or period specified in this Agreement and any additional period(s) thereafter before delivery back to Freewheeling’s possession (collectivelyherein, the “Rental Period”), and at such rental rates (“Rentals”) as provided for in this Agreement. I shall Lessee will promptly return the Equipment rented property, all attachments and parts belonging thereto, to Freewheeling Lessor’s place of business in the same condition as when delivered to methat said equipment was received, reasonable ordinary wear and tear excepted onlyexpected. I acknowledge that I am Xxxxxx agrees to pay for any damages incurred or loss of such property, including reasonable attorney's fee, court and collection costs, while said property is in the possession and control of Xxxxxx. Should Lessee fail to return equipment to Lessor's place of business, Lessee shall be responsible for reasonable costs incurred by Xxxxxx's attempts to return said equipment to its place of business. Xxxxxx agrees to fully indemnify the Equipment howsoever used Lessor against all loss, damage, expense and penalty arising from any action on account of any injury to person or property of any character occasioned by methe operation, including handling or transportation of the leased property during the rental period or while the property is in a tour the possession or excursion organized control of Lessee. Lessee is responsible for loading and unloading equipment and delivery is accepted at the point of unloading by FreewheelingLessee, its employees or agents. I understand that In Lessor's sole discretion, or upon failure to pay rent, purchase price or any other breach of this contract, Lessor may terminate this contract and take possession of and remove the Equipment is for my sole use, property from wherever it may be and that I will Lessor and its agents shall not be responsible for any loss claim or injury if I lend the Equipment to others. I acknowledge that it is my responsibility to inspect the Equipment before usedamage, that I rely on my inspection to determine the quality and suitability for my use, and that I have had adequate opportunity to fully inspect and confirm that the Equipment is operating satisfactorily prior to signing this Agreement. I agree that I will, at all times, use the Equipment in a careful, safe and conscientious manner and in accordance with all applicable laws and regulations. I acknowledge that the use of a helmet, properly sized, fitted and fastened, is mandatory at all times while using bicycle Equipment. I understand and acknowledge that the use of a helmet does not eliminate, and may not reduce, the risk of injury or accident. In the event of loss or damage to the Equipment, I agree to pay replacement value thereof to Freewheeling, should Freewheeling elect to replace the Equipment, otherwise I shall only be required to pay fair market value for Equipment, and in the event of damage which is less than a loss or constructive loss trespass arising out of the Equipment, to pay for removal of the cost of repairs. I also agree, without prejudice to any other remedy Freewheeling might have, that any and all amounts due hereunder can be deducted from or charged to any deposit lodged with Freewheeling and I otherwise authorize Freewheeling to charge the credit card information provided by me for any and all late return fees and costs of loss or damage to the Equipment during the Rental Period as set out hereinproperty.

Rental Agreement. I hereby apply for a Xxxxxx Creek Lodge Community Event Center Use Permit. I have read, understand and agree to rent the Equipment from Freewheeling, comply with all rules and to return all of the Equipment at the expiry of the rental period specified in this Agreement and any additional period(s) thereafter before delivery back to Freewheeling’s possession (collectively, the “Rental Period”), and at such rental rates (“Rentals”) as provided for in this Agreementregulations set forth herein or attached hereto. I shall return the Equipment to Freewheeling in the same condition as when delivered to me, reasonable wear and tear excepted only. I acknowledge further pledge that I am of legal age and will be personally responsible for the Equipment howsoever used by mecare of the facility during its use. Further, including in a tour or excursion organized by Freewheeling. I understand that the Equipment is for my sole use, and that I will be responsible for the repair or damage to equipment or the facility should any loss occur and for the replacement of any inventory or injury if equipment lost or damaged during the use for which I lend have accepted responsibility for our organization/group/individual to the Equipment to otherssatisfaction of the City. If these damages exceed my deposit, I understand that I will be charged and must pay all damages. I acknowledge further understand that it this permit is my responsibility to inspect the Equipment before userevocable at any time, that the permit is not transferable and failure to abide by all the rules and regulations set forth in the Facility Use and Rental Agreement document may cause forfeit of my deposit. I rely on my inspection also understand that the rental rate, rules and regulations are subject to determine the quality and suitability for my use, and change without notice. I hereby certify that I have had adequate opportunity homeowner’s/renter’s/business insurance coverage and agree to fully inspect reimburse and confirm hold the City of Dayton, its officers, agents, employees, and the Dayton City Council harmless from any and all liability, claims, causes, actions, suits, loss, damage, or expense of any kind or description which may be claimed against or incurred by the agents or invitees and shall indemnify the City of Dayton against and hold the City of Dayton harmless from same, including attorney fees, which may arise out of, or be connected with, or result from the use of the Community Event Center or equipment during the period of reservation. It is understood that the Equipment City assumes no responsibility whatsoever for any property placed in a City facility in connection with this event, and the City hereby is operating satisfactorily prior expressly released from any and all liability and any loss, injury or damage to signing this Agreementpersons or property which may be sustained by reason of group use. I further agree that I willshall abide by all federal, at all times, use the Equipment in a careful, safe state and conscientious manner and in accordance with all applicable municipal equal opportunity laws and regulationsregulations prohibiting discrimination. (Please sign in the presence of a City of Dayton Staff Member). Applicant’s Signature Date City Staff Signature Date Event Date: Deadline for submitting Application Packet: Completed applications must be submitted in person at least three (3) business days before the date of the requested rental date, unless otherwise approved by the City Manager. Faxed, mailed or emailed applications or individual required documents will not be accepted. Applications will not be accepted without ALL of the following requirements submitted at the same time: I Completed Permit Use Form (no blank spaces) - signed and dated I Rules and Regulations Form – initialed, signed and dated I Payment in full I A copy of the Applicant’s Federal or State issued pictured Identification must be provided. I acknowledge that the use Insurance Information: I Required Insurance Certificate I Events serving alcohol: I OLCC Licensed Server Verification (Copy of a helmet, properly sized, fitted and fastened, is mandatory at all times while using bicycle Equipment. license & ID required) I understand and acknowledge that the use of a helmet does not eliminate, and may not reduce, the risk of injury or accident. In the event of loss or damage to the Equipment, I agree to pay replacement value thereof to Freewheeling, should Freewheeling elect to replace the Equipment, otherwise I shall only be required to pay fair market value for Equipment, and in the event of damage which is less than a loss or constructive loss of the Equipment, to pay for the cost of repairs. I also agree, without prejudice to any other remedy Freewheeling might have, that any and all amounts due hereunder can be deducted from or charged to any deposit lodged with Freewheeling and I otherwise authorize Freewheeling to charge the credit card information provided by me for any and all late return fees and costs of loss or damage to the Equipment during the Scheduled Pre-Rental Period as set out herein.Walk Through/Inspection: Date:

Rental Agreement. I hereby agree to rent the Equipment from FreewheelingTOS, and to return all of the Equipment at the expiry of the rental period specified in this Agreement and any additional period(s) thereafter before delivery back to FreewheelingTOS’s possession (collectively, the “Rental Period”), and at such rental rates (“Rentals”) as provided for in this Agreement. I shall return the Equipment to Freewheeling TOS in the same condition as when delivered to meI received the equipment, reasonable wear and tear excepted accepted only. I acknowledge that I am responsible for the Equipment howsoever used by me, including in a tour or excursion organized by Freewheeling. I understand that the Equipment is for my sole use, and that I will be responsible for any loss or injury if I lend the Equipment to others. I acknowledge that it is my responsibility to inspect the Equipment before use, that I rely on my inspection to determine the quality and suitability for my use, and that I have had adequate opportunity to fully inspect and confirm that the Equipment is operating satisfactorily prior to signing this Agreement. I agree that I will, at all times, use the Equipment in a careful, safe and conscientious manner and in accordance with all applicable laws and regulations. I acknowledge that the use of a helmet, properly sized, fitted and fastened, is mandatory at all times while using bicycle Equipment. I understand and acknowledge that the use of a helmet does not eliminate, and may not reduce, the risk of injury or accident. In the event of loss or damage to the Equipment, I agree to pay replacement value thereof to FreewheelingTOS, should Freewheeling TOS elect to replace the Equipment, otherwise I shall only be required to pay fair market value for Equipment, and in the event of damage which is less than a loss or constructive loss of the Equipment, to pay for the cost of repairs. Waiver, Release and Indemnification: I also agree, without prejudice to any other remedy Freewheeling might have, that hereby expressly waive and release any and all amounts claims which I have or may in the future have against TOS, and its directors, officers, employees, agents, representatives, shareholders, successors and assigns (collectively, "Releasees"), arising out of or attributable to my participation in the Activities or my use of the Equipment, due hereunder can be deducted from or charged to any deposit lodged with Freewheeling cause whatsoever, including without limitation the negligence of TOS or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under applicable legislation or otherwise. I covenant not to make or bring any such claim against TNG or any other Releasee, and forever release and discharge TOS and all other Releasees from liability under such claims. I otherwise authorize Freewheeling to charge the credit card information provided by me for shall defend, indemnify and hold harmless TOS and all other Releasees against any and all late return fees and costs losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of loss whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or damage to proceeding arising out of or resulting from my negligence or more culpable act or omission (including any recklessness or willful misconduct) in connection with my participation in the Equipment during Activities or my use of the Rental Period as set out hereinEquipment.

Rental Agreement. I hereby accept full responsibility for the Equipment rented and agree to rent pay for any damage to the Equipment from Freewheeling, and to return all of replace the Equipment at full retail value if not returned by the expiry agreed date. I have been advised to wear an approved helmet while ATVing. I am familiar with the proper use of the rental period specified in this Agreement and any additional period(s) thereafter before delivery back to Freewheeling’s possession (collectively, the “Rental Period”), and at such rental rates (“Rentals”) as provided for in this Agreement. I shall return the Equipment to Freewheeling in the same condition as when delivered to me, reasonable wear and tear excepted only. I acknowledge that I am responsible for the Equipment howsoever used by me, including in a tour or excursion organized by Freewheeling. I understand that the Equipment is for my sole use, and that I will be responsible for any loss or injury if I lend the Equipment to others. I acknowledge that it is my responsibility to inspect the Equipment before use, that I rely on my inspection to determine the quality and suitability for my use, and that I have had adequate opportunity to fully inspect and confirm that the Equipment is operating satisfactorily prior to signing this Agreement. I agree that I will, at all times, use the Equipment in a careful, safe and conscientious manner and in accordance with all applicable laws and regulations. I acknowledge that the use of a helmet, properly sized, fitted and fastened, is mandatory at all times while using bicycle Equipment. I understand and acknowledge am aware that there are technicians available to answer any questions that I may have as to the proper use of a helmet does not eliminate, and may not reduce, the risk of injury or accident. In the event of loss or damage to the Equipment. I am aware that ATVing involves many inherent risks, I agree dangers and hazards, including but not limited to: exposed rock, earth, ice or other natural objects; trees, tree xxxxx, tree stumps, forest deadfall; holes and depressions on or beneath the trail or surface; variable and difficult weather conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams and creeks; cliffs; crevasses; travel on back-country roads; snowcat roads, road-banks andcut-banks; impact or collision withother atvs and vehicles; becoming lost or separated from the guides or other participants; mechanical failure of atvs and related equipment; extreme and rapidly changing weather conditions; encounter with wildlife including bears; avalanches; the failure to pay replacement value thereof to Freewheelingoperate an atv safely or within one's own ability; negligence of other participants and other persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, should Freewheeling elect to replace INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. Communication in the Equipment, otherwise I shall only alpine terrain may be required to pay fair market value for Equipmentdifficult, and in the event of damage which is less than a loss an accident, rescue, medical treatment and evacuation may not be available or constructive loss of the Equipment, to pay for the cost of repairsmay be delayed. Alpine weather conditions may be extreme and can change rapidly and without warning. I also agreeAM AWARE OF THE RISKS, without prejudice to any other remedy Freewheeling might haveDANGERS AND HAZARDS ASSOCIATED WITH ATVing AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, that any and all amounts due hereunder can be deducted from or charged to any deposit lodged with Freewheeling and I otherwise authorize Freewheeling to charge the credit card information provided by me for any and all late return fees and costs of loss or damage to the Equipment during the Rental Period as set out hereinDANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.