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
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.
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
5. DISCLAIMER OF WARRANTIES.
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.
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.
not be made after the rental ships.
10. CUSTOMER PICK-UP/RETURN.
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
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
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
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,
Date when item(s) will be returned
back to Earthflora Inc. ______________________________________________
Sign:________________________________________________ Invoice #