TERMS OF LEASE
In addition to the terms below, and the operation guidelines on each rented item, the Lessee (customer) agrees to supervise the operation of any rented item and further agrees that if the item is damaged that he/she will reimburse [setting:Legends Margarita, LLC] for the full price to fix the damage and/or the full replacement value of the rented item. Before signing this contract, Lessee agrees that he/she has read the entire contract, has agreed to all terms and conditions herein, and has had all questions he/she may have answered to the Lessee’s full satisfaction and understanding.
Delivery/Operation/Payments: To address specified by Lessee. Lessee grants [setting:Legends Margairita, LLC] and its employees/contractors, the right to enter said property for the delivery and return of the rented equipment at approximate times. All payments must be made at time of delivery. No refunds will be made after the equipment has been delivered. For jumpers, the lessee agrees to provide one electrical outlet rated at 115 volts with 20 amperes capacity per motor unit within 50 feet of each unit. No electrical cords are to be used. The electrical cord should be plugged into an outlet and be the only thing operating on that electrical circuit. Circuit breakers should also be checked.
General Rules for Safe Operation: Units must be operated over a smooth, compatible surface such as grass or hard top surface. The unit may NOT be operated on rough surfaces such as rocks, brick, glass, or any jagged objects. Unit cannot be moved by lessee after placed by [setting:Legends Margarita, LLC] employees/contractors. Unit MUST BE properly anchored prior to use. Unit will be placed initially by [setting:Legends Margarita] employees/contractors. Never attempt to relocate, adjust or service a margarita machine without written consent from Legends Margarita, LLC. Never use outdoors during thunderstorms or lightening. Do not resume use until adverse weather conditions have ceased. Always follow the manufacturers guidelines located on the unit itself.
Additional Safety Rules: Do not plug or unplug the motor repeatedly as this will cause the unit to burn up and you will be responsible for any resulting damage. Always have an adult present, who has reviewed and understands both this contract and the rules posted on the unit itself, who can supervise its use. Inform Legends Margarita, LLC if a machine needs to be lifted over 2 stairs for placement. Do not take any part of the machine apart for repair or cleaning outside of its normal use.
___[minisig]____________ Lessee Initial
Lessee agrees that the equipment leased is for Lessee’s own use and said equipment is not be loaned, sub-let, mortgaged or in any other manner disposed of by Lessee. Lessee further agrees to be liable for any loss of said equipment by reason of fire, theft, or any other cause.
Hold Harmless Provisions: Lessee agrees to indemnify and hold [setting:Legends Margarita, LLC] harmless from any and all claim, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless [setting:Legends Margarita, LLC] from injuries or damages incurred as a result of the use of the leased equipment. [setting:Legends Margarita, LLC] cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless [setting:Legends Margarita] from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.
Disclaimer of Warranties: [setting:Legends Margarita, LLC] makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment and Lessee agrees to immediately cease use of the equipment and contact [setting:Legends Margarita, LLC] if any of the lease equipment develops any indication defect or improper working conditions. Lessee agrees to use the equipment at Lessees own risk.
Breach/Indemnity/Arbitration: In the event that Lessee breaches any of the terms of this lease, that Lessee will pay for all consequential damages and further indemnify [setting:Legends Margarita, LLC] for all costs incurred by [setting:Legends Margarita, LLC] incurred in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney’s fees and costs. If [setting:Legends Margarita, LLC] determines, within its own discretion, that Lessee has failed, in any way, to observe or comply with the conditions of this lease, [setting:Legends Margarita, LLC] may exercise any of the following remedies: termination of this agreement; reenter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies; and/or pursue any additional remedies available it by law. If a conflict arises, [Legends Margarita] and Lessee will abide by the [setting:Texas] state laws and forgo filing a lawsuit to solve the dispute.
BY SIGNING MY NAME ON THIS CONTRACT I, BEING THE LESSEE, CONTACT PERSON, LESSEE REPRESENTATIVE, OR OTHER INDIVIDUAL ASSUMING THE ROLE OF LESSEE, ACKNOWLEDGE THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS CONTRACT AND ANY AND ALL ACCOMPANIED ADDENDUM(S). I HAVE BEEN FULLY INSTRUCTED BY [setting:Legends Margarita, LLC] PERSONNEL AS A TRAINED OPERATOR FOR THE AFFORMENTIONED EQUIPMENT AND HAVE HAD ALL OF MY QUESTIONS ANSWERED TO MY SATISFACTION. I UNDERSTAND THAT I AM SOLEY RESPONSIBLE FOR ADHERING TO THE TERMS SET FORTH BY THIS RENTAL CONTRACT AGREEMENT AND ANY AND ALL ACCOMPANIED ADDENDUM(S).
| SIGNATURE | [customer:signature] | PRINT NAME | [customer:signature] | DATE | [customer:signature_datetime] |