Rental Agreement and Release
VIRGINIA BEACH PRODUCTS, LLCD.B.A. SAND RIDER CUSTOM BEACH WHEELCHAIRSEQUIPMENT RENTAL AND RELEASE AGREEMENT
This Equipment Rental Agreement (the “Agreement”) is made and entered into by and between Virginia Beach Products LLC (herein the “Owner”) and the individual whose name and signature appear below herein this Agreement (herein the “Renter”) subject to the rental terms outlined herein this Agreement, on the day this agreement is signed (the “Effective Date”). Virginia Beach Products LLC and the renter may each be individually referred to herein as a “Party” and collectively as the “Parties.” WHEREAS, the Equipment is a property of Virginia Beach Products LLC and is in a good working condition,WHEREAS, the Owner is the owner of the Sand Rider Beach Wheelchair (the “Equipment”); andWHEREAS, Renter desires to rent the Equipment from the Owner and the Owner agrees to rent the Equipment to the Renter subject to the terms and conditions set forth in this Agreement.NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants between the parties herein this Agreement, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1.EQUIPMENT SUBJECT TO RENTThe Owner shall rent the Equipment as described above herein this Agreement to the Renter who must adhere to the terms and conditions outlined herein this Agreement.2. DURATION OF RENTAL PERIODThis Agreement shall be for the number of dates specified on the booking receipt, which shall commence on the Effective date unless terminated earlier as provided herein this Agreement.3. RENTAL AMOUNTAs rent for the Equipment, Renter shall pay to the Owner a rental fee as displayed on the website’s order confirmation page as at the time of booking the Equipment on a per week or per day basis plus 6% sales tax. The first rental payment shall become due and payable to the Owner at the checkout point . 4. SECURITY DEPOSITIn addition to the rental amount displayed on the website’s order confirmation page, Renter shall deposit $150 with Owner. This deposit will be applied towards any additional rent, late fees, and any amounts owed for damage to or loss of the Equipment, which Owner and Renter agree has the current value stated in Paragraph 9. Payment due under this Agreement shall be made by credit card. Renter’s credit card will be authorized for the full cost of the rental contract and security deposit at the time of Equipment delivery specified in no. 2 above. Upon the return of the Equipment to the Owner in good working condition, without damage, the Owner shall refund the Security Deposit to the Renter.5. PAYMENTPayment under this contract shall be made with a credit card. Renter’s credit card will be authorized and a hold placed on Renter’s funds at the time and date stated in Paragraph 2. The authorization shall be for the full cost of the rental stated in Paragraph 3 plus the amount of the security deposit stated in Paragraph 4. The hold on the funds will be released and Renter’s credit card charged once the equipment has been returned in good working condition at the end of the rental period. 6. DELIVERY Owner will deliver the Equipment to Renter at the address provided by the Renter7. LATE RETURNIf Renter returns the Equipment to Owner after the time and date the rental period ends, Renter will pay Owner a rental charge initially paid by the Renter per day for each day or partial day beyond the end of the rental period until the Equipment is returned. The Owner can subtract these rental charges from the security deposit.8. DAMAGE OR LOSSRenter acknowledges receiving the Equipment in good condition and upon the expiration of the rent term, the Renter shall return the Equipment to the Owner in a reasonably good condition except for normal wear and tear and subject to Owner’s inspection of the Equipment after return. Renter shall be responsible for any loss of or damage to the Equipment from any cause at all, from the acceptance of Equipment date. Renter will return the Equipment to Owner in good condition except as noted above. If the equipment lost, stolen or damaged while in Renter’s possession, Renter shall promptly notify the Owner of such event. In no event shall such loss or damage relieve Renter of its obligations under this Agreement. In the event of such loss or damage, Renter, at its option, shall: (i) promptly repair the Equipment by an authorized service personnel to return it to good working order; or (ii) replace the Equipment with like Equipment of the same or later model (upon the Owner’s written approval), in good condition and working order, free and clear of all liens and encumbrances and grant the Owner the right to perfect its security interest in the replacement Equipment and such replacement shall be substituted in this Agreement by appropriate amendment ; or (iii) pay the Owner the replacement value as described in section 9 of this Agreement, less any rental payments previously paid.Renter hereby acknowledges that Virginia Beach Products LLC is the solely authorized service personnel that can make repairs to damaged equipment. Therefore, all repairs must be carried out by Virginia Beach Products LLC.9. VALUE OF EQUIPMENT Owner and Renter agree that the current value of the Equipment is $2,380.10. SECURITY INTERESTS IN THE EQUIPMENTIn no event shall the renter assert any ownership interest in or to the Equipment. Renter shall not grant or permit any person or business entity to assert a security or other interest in the Equipment. At all times during the Term, Renter shall ensure that the Equipment is identified as being owned by the Owner.11. USE OF EQUIPMENT Renter shall exercise due care in its usage of the Equipment. Renter shall not make use of the Equipment nor permit others to use the Equipment in any manner that isn’t advised herein this Agreement or that would contravene the owner’s reasonable operational standards for the Equipment as outlined in the User Manual which is hereby incorporated by reference and made a part of hereof. Renter acknowledges that use of the Equipment creates some risk of personal injury to Renter and Renter expressly assumes that risk. Renter, therefore, agrees to use the Equipment safely and only in the manner for which it is intended to be used. Owner is not responsible for any personal injury or property damage resulting from Renter’s misuse, unsafe use, or reckless use of the Equipment. Renter will indemnify and defend Owner from and against any injury or damage claims arising out of Renter’s misuse, unsafe use, or reckless use of the Equipment.Sand Rider Beach wheelchairs are not intended to be used as a floatation device and should not be used as such. 12. INDEMNIFICATION AND LIABILITY RELEASERenter shall indemnify, defend and hold the Owner and its agents, executives, employees, and contractors harmless from all losses, liabilities, actions, suits, judgments, obligations, fines, penalties, claims, costs and expenses (including reasonable attorneys’ fees and investigative fees) arising out of the rental of the Equipment and all acts and omissions related thereto. In no event shall Owner be liable to the Renter for any property damage or personal injury arising from Renter’s use of the Equipment herein this Agreement by any cause. To the maximum extent permitted under applicable law, owner shall not be liable to the renter, and the renter agrees that it shall not assert a claim against owner, under any legal theory whether in an action based on a contract, negligence, tort, strict liability, or otherwise provided by statute or law, (i) for any incidental, special, exemplary, consequential, or statutory damages, or any damages resulting from lost profits, interruption of business, or loss of goodwill, even if Renter had been advised of the possibility of such damages, or (ii) for damages related to or arising out of this agreement in an amount that exceeds the fees actually paid by Renter under this agreement. Renter hereby waives any claim that these exclusions deprive it of an adequate remedy or cause this agreement to fail of its essential purpose. Renter acknowledges that he or she is fully aware of the inherent dangers and risks of riding such an equipment on the street or on the beach. Although, the wheelchair provided to the Renter by the Owner can be submerged inside water as well as being a floatable device, Owner does not advise the Renter to use the Equipment as a floatable device. The wheelchair (Equipment) is not to be pushed inside the ocean as it is not to be used as floatable equipment. Owner shall not be liable to the Renter for using the Equipment as a floating device.Parties, hereby acknowledge and agree that any Disclaimers of Warranties and limitation of Liability provisions set forth above have been negotiated and are fundamental elements of basis of this agreement.13. DISCLAIMER OF WARRANTIESThe Owner disclaims and excludes all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, concerning the Equipment rented under this Agreement. The Parties acknowledge and agree the Equipment shall be leased and accepted “AS IS” with all defects14. ENTIRE AGREEMENTThis is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings relating to the subject matter of this Agreement.15. SUCCESSORS AND ASSIGNEESThis Agreement may not be assigned by a Party without the prior consent of the other Party. Any assignment attempted to be made in violation of the terms of this Agreement shall be void. In the event of any assignment, the Renter shall remain responsible for its performance and liable for assignee’s performance. This agreement binds and benefits the heirs, successors, and assignees of the parties.16. NOTICESAll notices must be in writing. A notice may be delivered to a party at the address that follows a party’s signature or to a new address that a party designates in writing. A notice may be delivered:in personby certified mailby overnight courier:17. FORCE MAJEURE No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to certain events such as the acts of God, pandemics, strikes, or other disturbances, including, but not limited to war, governmental restrictions, insurrections, acts of government or governmental authorities, or any other cause beyond the control of such party. In the event of a force majeure, the Parties’ duties to be performed herein this Agreement shall be suspended. 18. GOVERNING LAWThis agreement will be governed by and construed in accordance with the laws of the state of Virginia without giving effects to its conflict of laws principles.19. RELATIONSHIP OF PARTIESIn the performance of their obligations as provided herein this Agreement, the Parties shall be independent contractors, and shall have no other legal relationship, including, but not limited to, joint venturers, or employees. Neither Party shall have the right or power to bind the other Party and any attempt to enter into an agreement in violation of this section shall be void.20. COUNTERPARTSThis agreement may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties.21. MODIFICATION TO THIS AGREEMENTThis Agreement may be modified only by an agreement signed by all the parties.22. WAIVERIf one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.23. NON-WAIVER OF DEFAULTSAny failure of the Owner at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms and conditions of this Agreement, or to exercise a right hereunder, shall not constitute a waiver of such terms, conditions or rights, and shall not affect or impair the same, or the right of the Owner to avail itself same24. SEVERABILITYIf any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid or unenforceable and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.25. ELECTRONIC SIGNATURESAny signature appended hereto or to any other certificate, agreement or document related to this transaction shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law.
IN WITNESS WHEREOF, the Parties have entered into this Agreement, effective as of the Effective Date.
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Signed by Afram Kotto
Signed On: August 7, 2020
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Document Name: Rental Agreement and Release
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