INDEMNITY: Customer will take all necessary precautions regarding the Rental Items and protect all persons and property from injury or damage. Rental Center and Rental Center’s Agents will have no responsibility to Customer or to any other person (including without limitation, Customers agents, employees or invitees) for any loss, liability, claim, expense, damage to property or injury to persons, including, but not limited, to injuries or death to persons and damage property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the Rental Items rented (including injuries or damage to any surface, the underlying surface (s) or ground and/or any underlying water, gas, sewer, electrical or other conduits), as well as reasonable attorney’s fees (collectively, “Damages” or “Losses”) arising from or associated with the use of any and all rented item(s), however caused, unless the Damage or Loss is directly caused by Rental Center’s and Rental Center’s Agents gross negligence, conversion, fraud, willful injury or willful violation of law. Any personal injuries and/or property damage caused in whole or in part by severe weather, contact with utility lines or cables, concrete, asphalt and other ground surfaces, slick or uneven ground or floor surfaces, the use of weights, proximity to heat sources and/or flammable or noxious substances, stretching, cutting, cracking, tearing, leaking, mold and/or mildew), irrespective of whether any of such damage is/are caused, in whole or in part, by our negligence and/or any defect(s) in or with respect to any rented item(s) shall be the sole Responsibility of Customer and Customer shall indemnify and hold Rental Center and Rental Center’s Agents harmless from any such Losses.
LIMITATION of LIABILITY, ASSUMPTION OF RISK: Rental Center’s liability under this agreement shall NOT exceed the actual agreement amount paid by Customer. The Customer agrees that in all circumstances the Rental Centers liability for any performance labor shall be exclusively limited to the amount equal to the performance labor only and shall not be liable for rental fees of Rental Items, and/or any indirect or consequential damages arising from any breach of this paragraph. The Customer is, however, fully liable for any harm/damage to the hired staff and Rental Items while at the event. CUSTOMER ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE RENTAL ITEMS RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE RENTAL CENTER FROM ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND DISCHARGE RENTAL CENTER FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE RENTAL ITEMS; AND CUSTOMER FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST RENTAL CENTER WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT.
9. INSURANCE: INSURANCE IS CUSTOMER’S SOLE RESPONSIBILITY. CUSTOMER UNDERSTANDS THAT RENTAL CENTER WILL NOT INSURE CUSTOMER’S PERSONAL PROPERTY. Customer represents and warrants that Customer has adequate homeowners/renters/event insurance to cover Customer, as well as Customer’s family, guests, agents and others using the Rental Items.
14. FORCE MAJEURE/DELAYS: This clause is only related to any event that is beyond Rental Centers reasonable control and cannot be prevented with reasonable care. Rental center shall not be not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms caused by or imposed by (a) strikes, fires, natural or other disasters, fire, earthquakes, riots, terrorist acts, death or acts of God, (b) acts of Customer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to, failure by subcontractor or supplier to make timely delivery, or (f) any other cause or condition beyond Rental Centers reasonable control. In the event of any delay or non-performance, Rental Center shall not assume any liability hereunder, provided that only when Rental Center has made all reasonable efforts to perform this Agreement, Rental Center may be exempted from performing such obligation and only to the extent of the delayed or impeded performance. Once the cause for such exemption of liability is corrected and remedied, each Party agrees to use his or its best efforts to resume the performance of this Agreement.
19. DISCLAIMER OF WARRANTIES: Customer has selected rentals without input from Rental Center. RENTAL CENTER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE, EITHER EXPRESS OR IMPLIED. THERE IS NO WARRANTY OR REPRESENTATION THAT THE RENTAL ITEMS ARE SUITABLE FOR CUSTOMER’S PARTICULAR INTENDED USE, OR THAT ANY RENTAL ITEMS ARE FREE OF LATENT DEFECTS. RENTAL CENTER SHALL NOT BE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, CONSEQUENTIAL DAMAGES ANY FAILURE OF THE RENTAL ITEMS. RENTAL CENTER SHALL NOT BE RESPONSIBLE FOR ANY DEFECT OR FAILURE UNKNOWN TO THE RENTAL CENTER. CUSTOMERS SOLE REMEDY FOR ANY FAILURE OF OR DEFECT IN THE RENTAL ITEMS SHALL BE TERMINATION OF THE RENTAL CHARGES AT THE TIME OF FAILURE PROVIDED THAT THE CUSTOMER NOTIFIES RENTAL CENTER WITHIN TWELVE (12) HOURS OF SUCH FAILURE.
NOTICE OF NON-WAIVER/SEVERABILITY: Any failure of Rental Center to insist upon strict performance by Customer as regards any provision of this Rental Agreement shall not be interpreted as a waiver of Rental Center’s right to demand strict compliance with all other provisions of this Rental Agreement against Customer or any other person. The provisions of this Rental Agreement shall be severable so that the unenforceability, invalidity or waiver of any provisions shall not affect any other provision. No operators are furnished, directly or indirectly with our Rental Items. Any and all staff provided, are for entertainment purposes only.
