FMS Holdings, LLC Equipment Rental Agreement
I, the undersigned Renter, desire to rent Equipment (as defined herein), from FMS Holdings, LLC (“EXCLUSIVE EVENT EXPERIENCES”). In exchange for EXCLUSIVE EVENT EXPERIENCES allowing me to rent the Equipment, I hereby agree, on behalf of myself, my heirs, next of kin, assigns and personal representatives, as follows:
- Acknowledgment and Assumption of Risks. I acknowledge and understand that use of the Equipment is potentially hazardous and involves risks, inherent and otherwise, that cannot be eliminated, and which may cause injury, illness, paralysis, or death to myself, other persons, and/or property damage. Some of the risks associated with my access to and/or use of the Equipment include, but are not limited to, negligence of EXCLUSIVE EVENT EXPERIENCES or its employees, Equipment failure or maintenance problems, known or unknown medical conditions, improper use of the Equipment or other acts of third parties. I accept full and sole responsibility for all risks, known and unknown, inherent or otherwise, related to my access to and/or use of the Equipment, and acknowledge that I am voluntarily accessing and using the Equipment even with knowledge of these risks.
- Rental Fee and Rental Term. The Rental Fee will be charged when the Rental Term begins. The Rental Term begins at when the Equipment was delivered to Renter and ends when the Equipment is returned to EXCLUSIVE EVENT EXPERIENCES (“Rental Term”). Any Equipment returned after the Rental Term shall incur a late fee of $50 per day until returned.
- Time of Return. Renter’s right to possession terminates upon the expiration of the specified Rental Term and retention of possession after this time constitutes a material breach of this contract. Time is of the essence in this contract and any extension must be mutually agreed upon in writing. EXCLUSIVE EVENT EXPERIENCES may elect to treat a failure to return the rented Equipment within forty-eight (48) hours after the agreed time as conversion of the Rental Equipment by Renter.
- Equipment Use and Damage. I acknowledge that I am responsible for ensuring that no one other than the undersigned Renter uses the Equipment. I am personally responsible for any damage to or loss of the Equipment, less ordinary wear and tear, during the Rental Term. I am also responsible for any damage caused by or related to the use of the Equipment during the Rental Term. To the extent that I am aware of any damage to or loss of the Equipment or I am involved in any accident during my use or possession of the Equipment, I agree to immediately report such damage, loss or accident to EXCLUSIVE EVENT EXPERIENCES. If the Equipment becomes unsafe or, in disrepair for any reason, Renter agrees to discontinue use and notify EXCLUSIVE EVENT EXPERIENCES immediately. EXCLUSIVE EVENT EXPERIENCES is not responsible for any incidental or consequential damage caused by delays or otherwise.
- Prohibited Uses. Use of the Equipment by Renter in the following circumstances is prohibited and constitutes a material breach of this agreement: (a) Use for illegal purpose or in an illegal manner; (b) use when the Equipment becomes unsafe or is in disrepair; (c) improper and/or unintended use, including use while Renter is intoxicated or under the influence of drugs and/or alcohol; (d) use by anyone other than Renter; and (e) use at any location other than the location where the Equipment was delivered without EXCLUSIVE EVENT EXPERIENCES’ express written permission.
- Sublease or Loan of Equipment. Customer may not sublease or loan the Equipment. EXCLUSIVE EVENT EXPERIENCES may elect to treat any breach of this provision as conversion of the rental Equipment by Renter.
- Warranty. There are NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED by EXCLUSIVE EVENT EXPERIENCES. There is no representation that the equipment is suitable for customer’s intended use or that it is free from defects.
- Release. I hereby RELEASE, DISCHARGE AND COVENANT NOT TO SUE EXCLUSIVE EVENT EXPERIENCES and each of its respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, tenants, invitees, shareholders, partners, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “EXCLUSIVE EVENT EXPERIENCES Group”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions, expenses, costs and attorney fees that I have or might have for any actual or alleged death, injury, property damage, or other damage, arising during or out of, or involving or relating to my access to and/or use of the Equipment during the Rental Term. This release, discharge and covenant not to sue applies even if the alleged act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the EXCLUSIVE EVENT EXPERIENCES Group.
- Defend, Indemnify and Hold Harmless Agreement. I also agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the EXCLUSIVE EVENT EXPERIENCES Group from and against all liability, claims, causes of action, damages, losses, suits, proceedings, expenses, attorney fees and costs for any actual or alleged death, injury, property damage or other damage actually or allegedly arising during or out of, or involving or relating to my access to or use of the Equipment during the Rental Term or my failure to comply with the terms of this Agreement. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the EXCLUSIVE EVENT EXPERIENCES Group.
- Governing Law. This Agreement is governed by the laws of the State of Indiana. If one or more portions of this Agreement are found unenforceable, the remainder of the Agreement will remain enforceable. Any cause of action relating to the interpretation or enforcement of this Agreement is subject to the exclusive jurisdiction of a court in St. Joseph County, Indiana.
- Merger. This Agreement, along with any exhibits, appendices, addenda, schedules, and amendments hereto, encompasses the entire agreement and understanding of the parties and supersedes any and all prior agreements and understandings, oral or written, relating the subject matter hereof.
- Severability. The provisions of this Agreement shall be severable so that the invalidity, enforceability or waiver of any of the provisions shall not affect the remaining provisions.
- Representations. I also represent that: (i) I am at least eighteen (18) years old; (ii) have read this Agreement; (iii) have been given an opportunity to ask questions about its contents and/or to seek the advice of an attorney; (iv) fully understand its contents and the waiver of my legal rights contained herein; (v) understand that the above release is intended to be as broad as permitted by applicable law; and (vi) voluntarily, and without any inducement, agree to the terms and conditions set forth herein.