Terms & Conditions For Destin Lawn Games
EQUIPMENT RENTAL AGREEMENT
- EQUIPMENT. DLG hereby agrees to lease equipment to customer as per this rental agreement.
- LEASE TERM. The Lease will start on the dates selected by customer at checkout (“Lease Term”).
- LEASE PAYMENT. Customer agrees to pay to DLG as rent for the Equipment the amount of the order(“Rent”) in advance of delivery of the Equipment.
- SECURITY DEPOSIT. Prior to taking possession of the Equipment, Customer shall deposit with DLG a security deposit that will depend on product as security for the performance by DLG as well as for any damages caused by Customer or Customer’s agents to the Equipment during the Lease Term. Damages include, but are not limited to, returning the Equipment with paint scratches, dents, missing pieces, damage that hinders the functionality of the Equipment, and other damage beyond “normal wear and tear” to be determined in the sole discretion of DLG. DLG may use part or all of the security deposit to repair any damage to Equipment caused by Customer or Customer’s agents, however, DLG is not limited to the security deposit amount and Customer remains liable for any balance that may be due and owing. Customer further agrees that he/she will forfeit any deposit if Customer breaches any terms or conditions of this Agreement.
- LATE CHARGES. If Customer returns the Equipment on the date it is due, but more than one (1) hour late from the end time it is due, Customer agrees to pay a late fee of $40 per day per game. If Customer returns the Equipment on a date subsequent to the date it was due to be returned, Customer will be charged the daily rental charge for each day that the Equipment was late.
- RETURN OF THE EQUIPMENT. If Customer does not return the Equipment on the Return time and date stated in paragraph 2 of the Agreement, the Customer may take steps to recover and repossess the Equipment. The Customer hereby authorizes DLG and its agents to enter any premises owned or occupied by the Customer in order to recover and repossess the Equipment.
- WAIVER OF LIABILITY. Customer waives any rights to recovery from DLG for any injuries that Customer, and/or any individuals that utilize the Equipment while under Customer’s possession, that they may sustain while using the Equipment under this Agreement. DLG is not liable for any personal injury or property damage to Customer, and/or any individuals that utilize the Equipment while under Customer’s possession. Further, DLG is not liable for any personal injury or property damage if the Equipment is improperly used, the Equipment malfunctions in any way, or for any other reason whatsoever related to the Customer and others’ use of the Equipment.
- INDEMNIFICATION. Customer agrees to indemnify and hold harmless DLG from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against DLG that result from the acts or omissions of Customer, and/or any individuals that utilize the Equipment while under Customer’s possession, and any agents of Customer.
- COLLECTION COSTS. Customer must reimburse DLG for its reasonable costs of collection or recovering or repossessing the Equipment including, but not limited to, reasonable attorney’s fees.
- WAIVER OF WARRANTIES. DLG disclaims any and all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
11.1 ASSIGNMENT. This Agreement, and any of the rights and obligations hereunder, may not be assigned by either party without the other’s prior written consent. The Customer may not sublease any portion of the Equipment provided under this Agreement except with the prior written consent of DLG, nor may Customer allow any third parties to use the Equipment without Customer being present at all times.
11.2 ENTIRE AGREEMENT/MODIFICATION. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. No modifications or waiver of this Agreement shall be binding unless in writing and signed by the parties hereto. The waiver by either party of any breach by the other party of any of its obligations hereunder or the failure of such party to exercise any of its rights in respect of such breach shall not be deemed to be a waiver of any subsequent breach.
11.3 SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provisions of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
11.4 APPLICABLE LAW AND VENUE. This Agreement shall be governed by the laws of the State of Florida. All actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State courts located in Olaloosa County, FL.
I hereby agree to the above terms and I am familiar with the proper use of the Equipment and I agree not to hold DLG responsible for any damages that occur or personal injury that may occur as outlined above.