Equipment Rental and Services Agreement
This Equipment Rental and Services Agreement (“agreement”) is effective as of the Delivery Date (effective date) and is made between Stacks Rental House (herein referred to as “Owner”) and the customer (herein referred to as “Renter”) who proceeds to the checkout process of this internet website and organized under the laws of the State of Colorado. Owner and Renter are also hereinafter collectively referred to as “Parties”. Parties enter into this agreement under the following terms:
1. Equipment rental items.
Owner agrees to rent to Renter, and Renter agrees to rent from Owner the equipment listed in Renters online cart prior to checkout, pending availability of equipment listed.
2. Rental Term.
This rental will begin on your chosen rental start date and remain in full force and effect until equipment is returned to Owner. Renter shall return the equipment to the owner or provided courier service on the final day of their rental term by end of business hours.
3. Equipment Location.
During the full Rental Term, the Renter shall not remove the equipment from the U.S. city where Renter took delivery without the prior written approval of the Owner.
4. Condition of Equipment.
Upon delivery Renter will examine the equipment and acknowledges that it is in good working condition except as otherwise specified and written in the Preexisting Equipment Defects Form if applicable, which is hereby attached. Renter will return equipment to Owner in the condition it was received.
5. Rental Fees.
Renter will pay Owner the full rental fee, plus necessary shipping, and sales tax upon booking the reservation to cover the full “Rental Term” of listed equipment.
6. Late Fees.
If Renter picks up or returns the equipment to Owner after the time and date stated in the “Rental Term” Renter shall pay a surcharge of up to 40% of order total per day for each day or partial day beyond the end of the rental period until the equipment is returned. Renter shall be responsible for returning the equipment at their own expense. The Owner does not cover the cost of return shipping. Owner may charge this fee to the credit card on file. Renter shall not pledge or encumber the Equipment in any way. Owner may terminate this agreement immediately upon the failure of Renter to pay Rental Fee when due, or upon Renter’s filling for protection from creditors in any court of competent jurisdiction.
7. Loss or damage.
Renter shall compensate Owner for replacement and/or repair of any equipment, which is lost, stolen, damaged etc. Renter will be liable for up to the full dollar amount in the Current Equipment Value section, based on ability to repair item. Repair charges could include cleaning services of $50 per item for any equipment that is returned in an unclean manner. Should the Renter not resolve any repair fees, replacement fees, cleaning fees in a timely manner Owner is authorized to charge the pre-authorized credit card on file for amounts due as outlined in section 9.
8. Current equipment value.
iPad/iPad Mini: $389.00 USD, Cash Register: $279.00 USD, Square Stand: $199.00 USD, Square Stand Accessory Kit: $36.00 USD, Square Reader for Contactless and Chip: $49.00 USD, Dock for Square Reader: $29.00 USD, Receipt Printer: $209.00 USD, Hardware Boxes with Foam: $28.00 USD, Charging Stations: $1,389.00 USD, Square Reader for Magstripe: $10.00 USD, Square Terminal: $299.00 USD, L7 Portable Case: $79.99 USD, Verizon 4G LTE Jetpack: $199.00 USD, Outdoor Wi-Fi Module w/ Battery Pack: $119.00 USD, eero Pro Mesh Router: $199.00 USD, Motorola Barcode Scanner: $169.00 USD, iPhone SE: $349.00 USD, Infinea X Ticket Scanning Module: $367.90 USD, iPad Kiosk Stand: $179.00 USD, iPad Table Stand: $74.00 USD, iPad Floor Stand: $173.00 USD, iPad Pole Mounting Holder: $135.00 USD
9. Equipment Use Liability.
No allowance will be made for any rented Equipment, or portion thereof, which is claimed to have not been used. Acceptance of returned equipment by owner does not constitute a waiver of any rights owner has under the Equipment Rental and Services Agreement.
Owner will not be held liable for loss of revenue or other damages due to inability to make use of equipment once it is in the possession of Renter. Proper care in Renter’s transport, handling, maintenance, and knowledge of technology may affect equipment usage ability, as will the elements in outdoor events (ie rain, overheating from direct sun exposure, drink spills, water damage, snow, etc). Equipment usage may be at the mercy of Renter’s third-party service providers (i.e. internet, power, Square services, cell tower operations and bandwidth etc.). When renting WiFi solutions, cellular iPads, hotspots, MiFi, or any other network-connected data
solutions, Owner cannot guarantee bandwidth to cellular towers near events or reliability of networks. While Square POS is operational offline, contactless chip readers will be unusable when internet connection is offline. In the event of a network outage, Square Stands must be utilized for credit card processing with built-in magstripe readers only. Renter releases Owner from any and all liability for any losses that may be incurred for these or any other scenario.
Renter shall not;
- Sub-rent or loan to any individual or organization outside of the individual or organization listed as renter in this agreement;
- Permit the equipment to be used by any person who is not authorized to use such equipment;
- Operate or use the equipment or permit it to be operated or used in violation of law;
- Operate or use the equipment or permit it to be operated or used to commit a violation of law; and/or
- Operate, use, maintain or store the equipment in a manner likely to cause damage to the equipment.
10. Care of Equipment.
Equipment may only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or equipment manuals. Renter agrees to use equipment in the manner agreed upon with Owner. Renter shall keep Equipment in the condition it was received.
Renter acknowledges that use of the Equipment creates some risk of personal injury to Renter and third parties, as well as a risk of damage to property, and Renter expressly assumes that risk. Renter agrees that Owner is not responsible for any personal injury or property damage resulting from Renter’s use or misuse of equipment.
Renter shall be solely responsible to protect the Equipment from loss or damage and to store and transport in a safe environment. Renter shall immediately remove equipment from any location where it is at risk of damage (i.e. inclement weather, prolonged direct sun exposure, waterworks, special effects, unruly crowds etc). All equipment used outdoors must be covered by a tent, canopy, or umbrella. Owner makes no warranty, express or implied, course of dealing, course of performance, usage of trade or otherwise, and expressly excludes and disclaims all warranties and representations of any kind, including any warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Renter agrees that during their time of possession, they are fully liable for all Equipment outlined in the Equipment Rental Items section. Therefore, Renter must carry insurance satisfactory to Owner, with a minimum coverage of $1,000,000. Prior to Rental Term a certificate must be presented to Owner, naming Owner additionally insured, during the rental term to ensure equipment’s full replacement if lost, stolen or damaged during renter’s rental term. In the event a claim needs to be made by Renter through their insurance, Owner will need to be paid within 5 business days of event, whether or not insurance has paid the claim. 13. Other charges. Renter shall pay other charges in accordance with this agreement due upon return of equipment, to the fullest extent allowed by law, including but not limited to:
- All expenses owner incurs due to renter’s failure to return the Equipment including costs in locating and recovering the equipment;
- Unless due to the fault of owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against owner or the Equipment during the rental term;
- All costs incurred to collect unpaid monies due; and
- Twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
13. Modification / Repair.
Equipment shall not be serviced or repaired, and parts and accessories shall not be replaced without Owner’s prior written consent. Any software or changes of settings on any equipment must be authorized by Owner.
14. Inspection and Recovery.
The Renter shall allow Owner to enter Renter’s premises where the rented Equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented Equipment. If the Renter is in default of any of the terms and conditions of this agreement, the Owner, and his agents, at the renter’s risk, cost and expense may at any time enter the renter’s premises where the rented equipment is stored or used at all times and recover the rented Equipment.
From time to time Renter may hire Owner and/or its agents for services such as Equipment set up, Equipment operations staffing etc. This service is not included unless otherwise noted in this section at an additional cost. Section 10. Use of Equipment in respect to third party providers is still applicable and Owner will not be held liable for any outages. Services provided by Owner do not waive Renter’s equipment security, loss and damage liability.
This agreement shall terminate on the date specified in rental term. Owner reserves the right to terminate this agreement earlier upon notice to renter.
17. Indemnification and liability.
Renter shall indemnify, defend and hold harmless owner from and against any claim, demand, cause of action, loss or liability (including Owner’s attorney’s fees and expenses of litigation) for any property damage or personal injury arising from renter’s use of equipment by any cause, except to the extent caused by owner’s gross negligence or willful misconduct. The provisions of this article shall survive the termination of this agreement with respect to any claims or liability accruing before such termination. In no event shall owner be liable for any indirect, special or consequential loss or damages arising from renter’s use of equipment, including but not limited to loss profits and loss revenue, even if informed of the possibility of such damages.
Owner shall at all times retain ownership and title to the equipment. Renter shall immediately notify owner in the event equipment is stolen, levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
No failure of owner to exercise or enforce any of its rights under this agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by renter shall not constitute a waiver of any breach.
In the event any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this agreement, they will begin negotiations for a suitable replacement provision.
21. Entire agreement.
This agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
Renter may not, without the prior written consent of owner, transfer or assign this agreement or any part thereof. Any attempt to do so shall be a material default of this agreement and shall be void.
Paragraph headings used in this agreement are for reference only and shall not be used or relied upon in the interpretation of this agreement.
This agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
25. Governing law.
This agreement will be governed by and construed in accordance with the laws of the State of Colorado.
This agreement may be modified only by a written agreement signed by all parties.
Replacement charge for unreturned or damaged equipment deemed no longer rentable will be as follows: iPad/iPad Mini: $389.00 USD, Cash Register: $279.00 USD, Square Stand: $199.00 USD, Square Stand Accessory Kit: $36.00 USD, Square Reader for Contactless and Chip: $49.00 USD, Dock for Square Reader: $29.00 USD, Receipt Printer: $209.00 USD, Hardware Boxes with Foam: $28.00 USD, Charging Stations: $1,389.00 USD, Square Reader for Magstripe: $10.00 USD, Square Terminal: $299.00 USD, L7 Portable Case: $79.99 USD, Verizon 4G LTE Jetpack: $199.00 USD, Outdoor Wi-Fi Module w/ Battery Pack: $119.00 USD, eero Pro Mesh Router: $199.00 USD, Motorola Barcode Scanner: $169.00 USD, iPhone SE: $349.00 USD, Infinea X Ticket Scanning Module: $367.90 USD, iPad Kiosk Stand: $179.00 USD, iPad Table Stand: $74.00 USD, iPad Floor Stand: $173.00 USD, iPad Pole Mounting Holder: $135.00 USD
Agreement to these terms prior to checkout constitutes a digital signature by Renter. By checking Yes, I agree on the Rental Cart page online during the checkout process, the renter acknowledges receipt of a copy of this agreement and acknowledges having read and understood the foregoing Equipment Rental Agreement.