Rental Extra Strong Rebounder

Welcome to UNLIMITED bouncing with your rented Rebounder package!

Congratulations on purchasing the Equipment Rental Membership.

Payments will be posted monthly for the amount charged on day of pickup plus HST

EQUIPMENT RENTAL AGREEMENT

This Equipment Rental Agreement (“Agreement”) is effective as of the date of signature (“Effective Date”), and is made between Cóstafit Rebounding Inc.(“Owner”), organized under the laws of Nova Scotia, and (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.

Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement.

 "Equipment" means Bellicon Rebounder, hand weights, resistance band, tensor band and other assorted accessories which has an approximate value of $1,500.00.

 

 

Terms: This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Renter shall return the Equipment on an Owner agreed date and time unless terminated earlier consistent with the terms herein.

Payment:

Renter shall rent the equipment for ONE MONTH periods and pay for each ONE MONTH until Owner or Renter requires the equipment be returned and authorizes Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement.

Renter shall also 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:

a) charges for optional services or cleaning, if any;

b) applicable taxes;

c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;

d) a MONTHLY charge for late return of the Equipment or the highest amount allowable under law;

e) 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;

f) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;

i) all costs incurred to collect unpaid monies due; and

k) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.

3. Security Deposit: In addition to the fees listed in Section 2, Owner will retain the right to charge the debit card or credit card on file or gathered from the Renter to cover the cost of the Equipment and to cover any amounts due under this Agreement.

4. Late Payment: If Renter fails to make any payment within 3 days of the due date, Renter shall pay a surcharge of $25.00 per week for late payments (this charge is in addition to any outstanding rental payments).

5. Location of Equipment: During the Term, Equipment shall be located at customer’s home address or in his/her possession, unless expressly agreed otherwise in writing by Owner.

6. Care of Equipment: Equipment can 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 manuals.

7. Repair and Alterations: Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.

8. Restrictions on Use: Renter shall not:

a) permit the Equipment to be used by any person who is not authorized to use such Equipment;

b) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.(no family, friends, pets, or random items put on it under any circumstances; weight limit is not to be exceeded). Not to be used/stored outdoors or on abrasive or unclean floors (soft rubber feet and bungees are too easily frayed and soiled). Not to be used for rebounding higher than 6 inches off the mat. Not to be cleaned with chemicals (use only what was provided by Owner to wipe down the equipment OR water/vinegar mixture).

9. Loss or Damage: Renter shall alert Owner to any damage to the Equipment. Any scratches, worn/damaged/soiled bungees/mat/rubber feet will be evaluated by the Owner. As well, weights and resistance bands must be returned in the condition in which they were rented.

Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment and may give cause to the Owner to proceed with Section 3.

10. Condition of Equipment: Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified. 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.

11. Delivery and Return of Equipment:

There will be a scheduled time arranged for pickup and drop off.

Pick up and drop off requires two people. Renter is responsible to arrange assistance to assist in loading and unloading the equipment.

The Renter will, at their own expense and risk, pick up and transport the Equipment from 43 Guysborough Ave.,Dartmouth, Nova Scotia B2W6L4 or other address supplied by the Owner.

Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it. Renter shall return the Equipment to 43 Guysborough Ave., Dartmouth, Nova Scotia or another address supplied by the Owner. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment or proceed with Section 3.

12. Termination: This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.

13. Indemnification and Liability: Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including 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 or MISUSE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Ownership: Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is 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.

15. Waiver.: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.

16. Severability: 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.

17. 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.

18. Counterparts: 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.

By renting a rebounder the Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.

OWNER NAME

Costafit Rebounding Inc.

Signature ______C. Denman________________________________