E-Sign Waiver

DUTY TO MITIGATE:

Lessee agrees to indemnify and hold harmless Lessor from any and all claims, actions, suits, proceeding costs, expenses, damages, liabilities, including reasonable attorney fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of equipment including the manufacture, selection, delivery, possession, use, operation, or return of the equipment.

Lessee hereby releases and holds harmless Lessor from injuries or damages incurred as a result of the use of said equipment unless Lessor is operating the equipment and is deemed by a court of law to be negligent in its actions. Lessor cannot under any circumstances be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Lessor from any loss, damage, theft, or destruction of the equipment during the term of the contract and any extension thereof.

HARMLESS PROVISIONS:

In the event of injury, damage, or loss due to Lessor’s negligence, Lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damage or loss.

DISCLAIMER OF CONSEQUENTIAL DAMAGES:

By signing this contract, Lessee agrees to forego seeking any consequential damages in the event of any injury, damage or loss due to Lessor’s negligence.

DISCLAIMER OF WARRANTIES:

Lessor makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by Lessee from Lessor. By signing this contract, Lessee agrees that any warranty of merchantability or fitness for a particular purpose are hereby disclaimed.

By signing this contract, Lessee agrees that no expressed warranty as to the condition or performance of any equipment and/or property leased by Lessee is hereby disclaimed. Lessee understands that the only warranties pertaining to said equipment and/or property is that which has been communicated to Lessee by Lessor or which is stated on the instruction manual for said equipment and/or property, which Lessee has either received a copy of or has viewed as posted on said equipment.

MERGER CLAUSE:

This signed Agreement contains the entire agreement between Lessor and Lessee. No amendment, whether from previous or subsequent negotiations between the Lessee and the Lessor, shall be valid or enforceable unless in writing and signed by all parties to this contract. The invalidity or unenforceability of any particular provisions of this Agreement shall not affect the other provisions hereof.

DELIVERY:

The Lessee/customer grants the right and has the right to grant Lessor and/or Lessor’s employee(s)/agent(s) the ability to enter said property for the delivery and pick-up of equipment at the approximate specified times.

Rentals that are set up on hard surfaces such as concrete or asphalt must by closely watched to prevent their moving. If the equipment moves off the provided tarp, damage or staining may occur on the underneath of the unit, which could result in damage/cleaning/loss fees. Lessor reserves the right not to perform outdoor engagements when, in Lessor’s judgment, weather conditions would be detrimental to the equipment and/or safety concerns for the Lessee. This includes but is not limited to wind, rain, or mud. A suitable indoor location should be reserved as an alternative site in the event of poor weather conditions.

If weather is questionable Lessor will contact Lessee prior to delivery.

RENTAL UNIT(S) DAMAGES:

If the Lessee chooses to deflate the equipment prior to the arrival of the pick-up attendant, it must be re-inflated before it is packed up. The unit will be inspected and receive a preliminary cleaning before removal.

Lessee agrees to be responsible for any damage to Lessor’s rental equipment if damage is incurred while the equipment is in the possession of Lessee. Damage fees vary but ranges are estimated below:

FEES: