Please sign below and fax back to (440)892-0767

Earthflora Inc.  Rental Policy Agreement Form

Terms and Conditions:

For the purpose of this Rental Agreement, “Earthflora Inc.” shall mean Rental Company, its Owners, Officers, Directors, and Employees; “Customer” shall mean Customer, Customer’s Guest/Visitors, its Agents and/or Employees. In consideration of the hiring of the rental item(s)/equipment described in the agreed upon invoice or estimate for this Rental Agreement, it is agreed as follows:

1. INDEMNITY/HOLD HARMLESS. CUSTOMERS WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE ITEMS RENTED, AND PROTECT ALL PERSONS AND POPERTY FROM INJURY OR DAMAGE FROM AND AGAINST ANY AND ALL LIABLITIES, CLAIMS, JUDGEMENTS, ATTORNEYS’ FEES AND COSTS OF EVERY KIND AND NATURE INCLUDING, BUT NOT LIMITED TO, INJURIES OR DEATH TO PERSONS AND DAMAGE OF PROPERTY ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP, OR RENTAL OF THE ITEM(S)/EQUIPMENT RENTED, HOWEVER CAUSED.

2. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY. CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THAT THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE/OPERATION OF THE ITEM(S)/EQUIPMENT RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY/DAMAGE. CUSTOMER AGREES TO RELEASE AND DISCHARGE Earthflora Inc. FROM ANY AND ALL RESPONSIBILITY/LIABILITY FROM SUCH INJURY/DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE RENTAL ITEM(S)/EQUIPMENT. CUSTOMER FURTHER AGREES TO WAIVE, RELEASE, AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY/DAMAGE AGAINST Earthflora Inc.  WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT.

3. POSESSION/TITLE. Customer’s right to possession of the rental item(s)/equipment begins upon rental item(s)/equipment leaving Earthflora Inc. and terminates upon return of the Agreed Return Date indicated on the front of this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Any extension of this Agreement must be agreed upon in writing. Title of the rental items shall at all times remain with Earthflora Inc.. Customer authorizes Earthflora Inc. to retake the rental items without further notice or further legal process and agrees that Earthflora Inc. will not be held liable for any claims/damage/trespassing arising out of the removal of rental items.

5. DISCLAIMER OF WARRANTIES. Earthflora Inc. makes no warranties of merchantability or fitness of any particular use or purpose, either expressed or implied. There is no warranty or representation that the equipment is fit to Customer’s particular intended use, or that it is free of latent defects. Earthflora Inc. shall not be held responsible to Customer or any Third Party for any loss, damage, or injury resulting in any form/way attributable to the operation of, use of, or any failure of the rental items. Earthflora Inc. shall not be held responsible for any defect/failure unknown to them.

6. LEGAL FEES. Customer will pay any and all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract.

7. MISCELLANEOUS. This Rental Agreement may be executed or delivered by facsimile. This Rental Agreement is valid whether properly signed by Customer or not, so long as Customer takes possession of rental item(s)/equipment. It is also valid if signed by a Third Party signing on behalf of the Customer.

9. CANCELLATIONS. Cancellations can not be made after the rental ships.  

10. CUSTOMER PICK-UP/RETURN. Responsibility of rental item(s)/equipment remains with Customer from the time loaded until the time returned. Earthflora Inc. will not load/unload any non-company operated vehicle. Loading, unloading., and securing the rental item(s)/equipment is the Customer’s sole responsibility.  Earthflora will not be held liable for any accidents or any type of damage done to any vehicle or rental item(s)/equipment due to improper loading/unloading.

11. LATE CHARGES. Applied at a daily rate of $20.00 per day  if item(s)/equipment are not returned by the return date indicated in this Rental Agreement.

12. RECEIPT/INSPECTION OF RENTAL ITEM(S)/EQUIPMENT. Item(s)/equipment are checked prior to release. Customer must inspect all item(s)/equipment before an event. Customer further acknowledges receipt of all rental item(s)/equipment listed on this Rental Agreement and that the rental item(s)/equipment are in good working order. If item(s)/equipment is not found to be in working order,  No refund will be given due to defect/failure if Customer does not give ample notice prior to the event. Do not attempt to repair/disassemble item(s)/equipment. Charges will apply for broken/altered item(s)/equipment.

13. ITEM(S)/EQUIPMENT USAGE AND RETURN. Customer will be held responsible for all damage not caused by ordinary wear and tear, which means the normal deterioration caused by ordinary, reasonable, and proper use of the rental item(s)/equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning or overloading, breakage, improper usage, abuse, staining, standing and jumping on, dirtying, etc. Customer is solely responsible for any loss or damage to rental item(s)/equipment regardless of cause/fault. Customer agrees to pay Earthflora Inc. for all costs of replacement/repair

14. REFUND POLICY. Each rental is for time out regardless if the item(s)/equipment were used or not. No refunds will be given.

15. DAMAGES:  The Customer shall be held solely responsible for the repair/replacement for any damage caused by other forces (i.e. abuse, standing on, jumping on, burning, etc.).

Date when item(s) will be returned back to Earthflora Inc. ______________________________________________

Sign:________________________________________________ Invoice # ___________________________________

Print:________________________________________________Date:_______________________________________