TERMS AND CONDITIONS
BaseCamp Glamping, LLC [Lessor] hereby agrees to Lease to Lessee the equipment described on the face of this agreement or in the attached schedules in accordance with the following agreement:
1. TITLE AND OWNERSHIP. The leased equipment shall at all times be and remain the sole and exclusive property of Lessor. Lessee shall have only the right to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of its ownership of the equipment by the display of an identifying stencil, plate or other marking, and Lessee agrees that it will not remove or cover such markings without written permission of Lessor. It is expressly intended and agreed that the equipment shall be personal property even though it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of the Lessor.
2. INSPECTION. Lessee acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Lessee understands its proper use. Lessee further acknowledges Lessee's responsibility to inspect the equipment prior to its use and to notify Lessor of any defects.
3. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue its use and to notify Lessor. Lessor will repair or replace the equipment with similar equipment in good working order if available, and if the defect is the result of normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto.
4. WARRANTIES. Lessor is not the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers' intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by the customer.
5. HOLD HARMLESS AGREEMENT. Lessee shall defend, indemnify, and hold harmless BaseCamp Glamping, LLC, its employees, agents, and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of Lessee, Lessee's employees and agents of Lessee or Lessee subcontractor, involving the use of, including but not limited to, stakes, tension lines, support poles, and structural components. The indemnities included in this exhibit shall include reasonable attorneys fees paid by BaseCamp Glamping, LLC in defending suit and actions involving liability covered by the indemnification provision in this paragraph.
6. TIME OF RETURN. Lessee’s right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee's obligations under this contract. Time is of the essence in this agreement. Any extension must, at Lessor's election, be mutually agreed upon in writing. Pickup by Lessor will be at approximately 11:00 a.m. on the concluding day.
7. ASSIGNMENTS, SUBLEASES, AND LOANS OF EQUIPMENT. The Lessor may assign its right under this contract without the Lessee's consent but will remain bound by any obligations herein. The Lessee may not sublease or loan the equipment without the Lessors' written permission. Any purported assignment by the Lessee is void.
8. RETURN OF EQUIPMENT. At the termination of this agreement, Lessee shall have all equipment ready for disassembly and pickup by Lessor, in the condition and repair as when delivered to Lessee, subject to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor's regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee, Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor.
9. INSPECTION BY LESSOR. Lessor shall at all times have the right to enter any premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee's premises. 10. PERMITS AND LICENSES. Lessee shall at its own expense, and prior to the installation of the equipment, provide all necessary permits, licenses, and other consents.
11. DELIVERY/PICK UP. Delivery is made to the closest point the truck can park. Extra charges will result in deliveries in excess of 100 yards where extra time is required to complete setups. Our service does include setup and knockdown of equipment. On pick up where no prior arrangements have been made and equipment is not knocked down and disassembled in one area, equipment will be left until the next day when a special crew can be scheduled for disassembly and pick up.
12. CLEANING. A special cleaning charge may be applied to lessees if trash/debris of excessive amounts is left in the tent. Lessee is responsible for the removal of all debris from the site.
13. LINENS. Bed Linens, rugs, and pillows are inspected prior to pick up and upon return. (DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG) - mildew will result. If there is obvious damage such as mildew, excessive stains, burns, or tears, you will be charged the cost of the linen and keep the same as though it were a sale. Return all linens dry and free of waste.
14. DIRTY OR DAMAGED EQUIPMENT. Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear, and tear, while equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged goods. Rental equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost when rented. The cost of repairs will be borne by the Lessee, whether performed by the Lessor, or at the Lessor's option by others.
15. DAMAGE WAIVER. If accepted by Lessee, Lessor agrees. in consideration or an additional charge of 10% of the gross rental charges, to modify the responsibilities of the Lessee created in paragraph 14 [Dirty or Damaged Equipment). For Damage Waiver Charge provided the lessee takes reasonable precautions to protect equipment. The Lessor assumes risk or damage to equipment, except the following risks assumed by the Lessee: [a] Loss, damage, vandalism, malicious mischief, and theft [b] Loss, damage, or theft of accessory equipment such as extension cords. etc. [c] Loss due to mysterious disappearance or wrongful conversion by a person entrusted with equipment [d] Damage waiver is null and void if the damage is caused by a third party not associated or related to Lessee. In this instance, the Lessor reserves the right to collect from the person or company causing damage. THE LESSEE UNDERSTANDS THAT THE DAMAGE WAIVER IS NOT INSURANCE. THE LESSEE IS OBLIGATED TO SUBMIT TO THE LESSOR A POLICE REPORT ON ALL LOSSES COVERED UNDER DAMAGE WAIVER PLAN. The Lessee may decline Damage Waiver charge by making a cash deposit equal to the full value of the equipment.
16. THEFT OF EQUIPMENT. The Lessee agrees to pay for equipment [at its replacement cost when rented] for all types of theft or mysterious disappearance. Damage Waiver does not cover theft.
17. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection attorney’s and court fees and other expenses involved in the collection of charges or enforcement of the Lessor's rights under this contract.
18. WEATHER-RELATED RISKS. Lessee assumes all weather-related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, or rain. flooding. extreme cold or heat, or any other factor beyond Lessor's control, Lessee shall still be liable for payment in full of all charges. Lessee may reschedule if Lessor is provided with a minimum of 48 hours notice. The lessor shall hold the deposit and apply towards rescheduling. Rescheduling must occur within two weeks of cancellation.
19. PREPARATION OF SITE. Lessee agrees to have the site upon which the equipment is to be erected, free and clear of all obstacles, natural and manmade, prior to the arrival of the Lessor's work crew. Lessee further agrees to have all tents cleared for removal prior to our arrival. All non-leased equipment and decorations shall be cleared and taken from the site. If Lessee fails to do so, then Lessee shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expense.
20. MATERIAL. All tents have been seasoned to improve water repellent efficiency and are waterproof if used correctly (windows closed, zippers, etc.) and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be absolutely waterproof and are to be considered temporary shade structures.
21. COOKING UNDER TENTS. Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent. Lessee assumes full responsibility and costs incurred for damage and or cleaning expenses to tent tops due to cooking processes under or near tents.
22. ELECTRIC POWER AND LIGHTING. Lessee agrees to furnish Lessor access to, and the right to use Lessee's electrical and power lines for the installation and operation of the rented equipment.
23. UNDERGROUND FACILITIES. Lessee agrees to have all Underground Facilities, in the vicinity of the equipment installation, clearly marked prior to the arrival of Lessor's work crews. Lessee assumes full responsibility for damage to all Underground Facilities, to identify Underground Facilities, Lessee must call one week prior to installation.
24.PAYMENT. All rentals are paid in advance unless prior arrangements are made with our credit department.
Lessee shall pay the contract within the period specified herein. If the balance due is not paid when due, an amount equal to 1.5% [18% annually] of the outstanding balance due shall be charged every month thereafter until final payment is made by Lessee. In the event that the Lessee has directed that the leased charges hereunder be billed to another person or organization within the terms specified, Lessee shall, promptly upon receiving notice of non-payment, pay such lease charges and such additional charges as may be added to the outstanding balance pursuant to the terms hereof. Bounced check fee is $25.00.
25. RESERVATION DEPOSIT. TENTS AND ITEMS WILL BE RESERVED UPON RECEIPT OF A SIGNED CONTRACT AND A NON-REFUNDABLE DEPOSIT. FINAL $100.00 PAYMENT MUST BE MADE PRIOR TO THE DAY OF DELIVERY.
26. FUTURE RENTALS. Customer acknowledges that the terms of this Contract will be deemed to apply not only lo the Equipment identified on the front side of this document, but also to all other Equipment and merchandise Customer may rent or purchase from Dealer (except as to the rent and/or purchase price of such items, as applicable, which will be charged at Dealer's published rates as of the date of each such rental or purchase) whether on the date of this Contract or at any time in the future (except only as to any Equipment and/or other items with respect to which Customer executes a new Rental Contract).
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