TERMS AND CONDITIONS OF LEASE AGREEMENT

Lessee acknowledges that upon receipt of the identified equipment named above was inspected by the lessee and was found to be in first-class condition. Lessee acknowledges to pay lessor upon demand, rental for the equipment at rates provided herein until the equipment is returned to lessor, daily rates will apply unless other arrangements are made with lessor in advance. Daily rates will apply if kept past the scheduled return date(s)/time(s). All days including weekends and holidays are chargeable. Lessee agrees to return the equipment to the place of the initial rental no later than the day/time specified above (LESSEE SHALL CONTACT LESSOR IF AN EXTENSION IS DESIRED) or upon lessors demand thereof. Lessee agrees to return the equipment in the same condition as when received (NOTED ABOVE), ordinary wear and tear accepted. Lessee agrees to pay lessor on-demand for any damages noted upon return and that all damages will be charged directly to the lessee’s credit card on file. Lessee agrees to at all times keep the equipment in good, safe, and efficient working order, repair, and condition. Lessee agrees not to permit anyone to injure themselves, deface, or remove the equipment or any part thereof. Lessee agrees to pay the lessor upon demand full retail value for any equipment lost while in lessees’ possession furthermore cover the cost of repair on all damages to the equipment while it’s leased to the lessee as well as all costs and expenses, including reasonable attorney’s fees incurred by the lessor in collecting amounts owed by the lessor or otherwise enforcing lessor’s rights. THIS IS A CONTRACT OF RENTAL AND NOT OF SALE. ALL RENTALS ARE CHARGED IN ADVANCE AND ARE 100% NON-REFUNDABLE; NO EXCEPTIONS UNLESS OTHERWISE AGREED UPON WITH THE LESSOR. In the event any piece(s) of equipment is not returned to the place of initial rental upon due time item will remain in rent until the item is returned or full retail value is met (weekly rates will apply). Annual rentals will be charged the full retail value to replace lost or stolen equipment BEFORE a replacement will be provided.

RELEASE AND WAIVER INDEMNITY AGREEMENT

In Consideration of this Agreement Lessee:

1) HEREBY RELEASES WAIVES AND DISCHARGES lessor; its affiliated companies; and each said companies’ officers, directors, and employees from all liability to all persons including but not limited to the lessee, lessee’s spouse, lessee’s parents, and lessee’s children, their personal representative's, assigned heirs, or next of kin for alloys of damage and any claims or demand of including but not limited to bodily injury and property damage arising out of the use or operation of equipment by lessee or by anyone using or operating the same with the lessee’s expressed or implied consent; whether caused by the negligence of lessor, its officers, directors, employees, or otherwise.

 

2) HEREBY AGREES TO INDEMNIFY, SAVE, AND HOLD HARMLESS lessor; its affiliated companies; and each said companies’ officers, directors, and employees from any loss, liability, damage, or cost that may occur due to the use or operation of this equipment by lessee or anyone using or operating the same with the lessee’s expressed or implied consent; whether caused by the negligence of lessor, its officers, directors, employees, or otherwise.

 

3) HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF all bodily injury; death; or property damages to all persons including but not limited to the lessee, lessee’s spouse, lessee’s parents, and lessee’s children arising out of the use or operation of the equipment by lessee or by anyone using or operating the same with the lessee’s expressed or implied consent; whether caused by the negligence of lessor, its officers, directors, employees, or otherwise. Lessee expressly acknowledges that use of the equipment in a manner not intended by the manufacturer, not in conformity of the laws and ordinances pertaining thereto, and or in accordance with lessors’ rules and regulations is very dangerous and involves the risk of serious injury/death and/or property damage. Lessee expressly agrees that the foregoing release and waiver indemnity agreement to be as broad and as inclusive as permitted by the law of the state of Florida and if any portion is held to be invalid it is agreed that the balance shall not be withstanding, continue in full legal force and affect. LESSEE HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER AND INDEMNITY AGREEMENT and further agrees that no oral representation, statement, or inducements apart from the foregoing written agreement have been made.

PLEASE READ: 

This is a contract of rental and not of sale, between Butterfly Services of Northwest Florida, Inc. and the lessee/renter. The renter does agree that he/she has rented the above said item(s) described, upon the expressed condition that it will at all times remain the property of the rental company named above, and that he/she will examine said item(s) upon arrival of said item(s) and the renter will immediately notify the rental agency named above if he/she should not find said items to be in good and working condition, furthermore that said item(s) shall be returned in the same condition as when he/she received them. If at any time said item(s) fail to function properly said item(s) are to be immediately returned to the rental agency named above. In the event renter fails to bring back said item(s) at agreed upon time or the lessee fails to abide by any of the terms of this contract the rental agency named above has the right to reposes said item(s) without any notice or permission of the lessee. Therefore, releasing the rental agency from all obligations. The rental agency named above is not responsible for accidents or injuries that result directly or indirectly from the use of said item(s). By signing above and selecting “YES” to the question “Do you accept to the terms and conditions of the rental/lease agreement below?” the lessee also agrees to allow all applicable charges left due to be charged to the credit card number listed above.

 

THE RENTER AGREES THAT All CHARGES WILL BE CHARGED IN ADVANCE AND ARE NON-REFUNDABLE. IN THE EVENT ANY RENTAL ITEM(S) IS NOT RETURNED UPON DUE TIME, RENTAL ITEM(S) WILL REMAIN IN RENT AT WEEKLY RATE UNTIL FULL RETAIL VALUE IS MET.