The party renting the adult sand boards and/or childrens sand boards is hereafter referred to as “Renter,” and Ramble at Great Sand Dunes is hereafter referred to as “Company.” The equipment rental agreement states the agreement of the parties as follows:
RENTAL EQUIPMENT SUBJECT TO THIS CONTRACT: The Company shall rent the equipment listed above.
PAYMENT TERMS: The rental payments are due immediately, prior to using the rental equipment.
RISK OF LOSS OR DAMAGE: The Renter assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Company in the condition received from the Company, with the exception of normal wear and tear. The Company or their appointed agent will determine normal wear and tear. All determinations made by the Company are final.
RENTAL TERM: This Rental shall begin on the above effective date and shall terminate on return in fully working condition to the Company’s facility. At any time the Company has the right to terminate the Rental immediately.
CARE AND OPERATION OF EQUIPMENT: The equipment may only be used and operated in a careful and proper manner.
MAINTENANCE AND REPAIR: The Renter shall maintain the equipment in good repair and operating condition, allowing for reasonable wear and tear. The Renter shall pay all costs required to maintain the equipment in good operating condition beyond reasonable wear and tear. Such costs shall include labour, material, parts, and similar items. The Company will perform any service on the equipment related to reasonable wear and tear.
RETURN OF EQUIPMENT: At the end of the Rental period, the Renter shall be obligated to return the equipment to the Company at the pre-arranged bike station.
ACCEPTANCE OF EQUIPMENT: The Renter shall inspect each item of equipment delivered pursuant to this Rental. The Renter shall immediately notify the Company of any discrepancies between such item of equipment and the description of the equipment in the Equipment Schedule. If the Renter fails to provide such notice in writing within 2 day(s) after the renting of the equipment, the Renter will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule. Any subsequent claim that the equipment was not provided in fully functional order will not be considered.
OWNERSHIP AND STATUS OF EQUIPMENT: The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Renter shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment.
WARRANTY: The Company will warranty the equipment against normal wear and tear. Any issues beyond normal wear and tear will be the Renters responsibility.
INDEMNITY OF COMPANY FOR LOSS OR DAMAGES: If the equipment is damaged or lost, the Company shall have the option of requiring the Renter to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Company and subject to this contract.
LIABILITY AND INDEMNITY: Liability for injury, disability, and death caused by operating, handling, or transporting the equipment during the term of this Rental is the obligation of the Renter, and the Renters shall indemnify and hold the Company harmless from and against all such liability.
RIGHTS ON DEFAULT: If the Renter is in default under this Rental, without notice to or demand on the Renter, the Company may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Renter responsible for any deficiency. The Company shall be obligated tore-rent the equipment, or otherwise mitigate the damages from the default, only as required by law.
ENTIRE AGREEMENT AND MODIFICATION: This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties.