The lessor, Buena Vista Concessions DBA Buena Vista Scooter Rentals, hereby rents to the renter, identified as the customer name on the above reservation, the personal property described on the reservation above; Subject to all the terms and conditions of the above and following contract, the renter, in consideration thereof, acknowledges and agrees as follows:
1. The renter has at this date and at this time specified reserved from the lessor the personal property listed and Identified in the above reservation.
2. That this product(s) is to be used by the renter at the designated address for the stated period and solely for the purpose for which said equipment was manufactured and intended and he/she will not misuse any said equipment.
3. That the renter will pay the lessor the cost of replacement of the rented product(s) if lost or stolen, REGARDLESS OF FAULT OR ERROR.
4. That the renter will pay the lessor the cost of replacement or repair if the product(s) has suffered damage and the renter has not purchased the $20.00 damage waiver fee in the above reservation.
5. That the renter, on the "due date", will immediately return rental product(s), with all attachments, accessories, and parts to the address that is listed in the above reservation, hereof, in the same condition that the rented product(s) was received: Ordinary wear and depreciation expected.
6. That if the renter decides to extend the rental beyond the date and time that the rental was originally agreed upon, as indicated in the above reservation hereof, renter will immediately notify lessor for approval and terms of the extension.
7. That lessor, at its own discretion may report as stolen all rented product(s) not returned to specified location within ten calendar days after the date listed in the above reservation or if conditions or circumstances indicate theft, before said date. Renter hereby agrees to hold lessor harmless from any claim or liability whatsoever resulting from or arising out of lessor's reporting the property as stolen. Furthermore the renter agrees to indemnify and defend lessor, its owners, employees and agents from any claim or liability arising out of lessor's reporting said theft which includes any damages sought for false imprisonment, intention or neglect infliction or emotional distress, false detention or any and all damages losses or liabilities.
8. That the renter will immediately discontinue use of the personal property should it at any time, following the execution of this agreement or any subsequent agreement, become unsafe or in a state of dis-repair. Furthermore the renter will immediately notify lessor that the equipment is unsafe and in dis-repair. Until such time that lessor has regained possession the renter agrees to take all steps reasonably necessary to prevent injuries to any person and any and all property from the renter, equipment or product(s).
9. The renter agrees to pay all collection fees, attorney fees, court costs or any other expense incurred by the lessor to enforce the terms and conditions of this agreement.
BUENA VISTA SCOOTER RENTAL AGREEMENT
I hereby agree to take sole responsibility for any damages outside of normal wear and tear of the piece of equipment mentioned in the above reservation, including accessories, while in my possession. My possession commences when I receive the rental unit and terminates when the unit is back in possession of the lessor. I understand that I am personally responsible for all vandalism and/or loss or theft of the rental unit and its accessories, REGARDLESS OF FAULT OR ERROR. Should both parties be unable reach a mutual agreement I understand that a third party company appointed by Buena Vista Scooter Rentals and Mobility Services will be responsible for calculating the cost of damages. In the event that an agreement cannot be reached, I understand that I shall be responsible for all legal fees incurred by Buena Vista Scooter Rentals and Mobility Services in pursuit of monies owed by the lessee/renter.
EXPRESSED AND IMPLIED WARRANTY DISCLAIMER
RENTER ACKNOWLEDGES AND AGREES THAT LESSOR PROVIDES NOT EXPRESSED WARRANTIES unless an expressed warranty is given in writing by LESSOR AND FURTHER AGREES THAT LESSOR PROVIDES NO WARRANTIES OR "MERCHANTABILITY" OR OF "FITNESS FOR A PARTICULAR PURPOSE" EITHER EXPRESSED OR IMPLIED".
WAIVER OF LIABILITY: Upon confirming my reservation with Buena Vista Scooter Rentals and Mobility Services I hereby release, waive and discharge the right to seek medical reimbursement or the legal prosecution for any injury resulting from the use of any equipment, rental or otherwise, provided by Buena Vista Concessions Inc, DBA Buena Vista Scooter Rentals and Mobility Services. It is my express intent that this release agreement shall bind my family if I am alive and my heirs, assigns and personal representative if I am deceased. This document shall be deemed as a release, waiver, discharge and covenant not to sue Buena Vista Scooter Rentals and Mobility Services, independent contractors, officers, agents, employees and affiliates. I further confirmed upon completion of the initial reservation from Buena Vista Scooter Rentals and Mobility Services, That I am at least 18 years of age and fully competent as "executer" of this "waiver of liability" fully intending to be bound by the same.
In addition, the renter shall defend, indemnify and hold Buena Vista Scooter rentals and Mobility Services, independent contractors, officers, agents, employees and affiliates harmless for any claim or liability, whether based upon a claim for damages to real or personal property, or damages lost or sustained to a person. Furthermore, should any court action be initiated by either the renter or lessor, the renter hereby agrees to pay all reasonable collection fees, court costs, and attorney's fees incurred by lessor or any other reasonable expense incurred to enforce the terms and conditions of this contract by either party.
I UNDERSTAND AND AGREE THAT BUENA VISTA CONCESSIONS INC. AND BUENA VISTA SCOOTER RENTALS AND MOBILITY SERVICES DO NOT WORK IN CONJUNCTION WITH NOR ADHERE TO ANY CONTRACTS OR FINANCIAL OBLIGATIONS THROUGH MEDI-CARE OR ANY INDIVIDUAL INSURANCE COMPANY PERTAINING TO THE CHARGES OF ANY AND ALL OF IT'S RENTAL EQUIPMENT AND PROPERTY. BUENA VISTA CONCESSIONS INC. AND BUENA VISTA SCOOTER RENTALS ARE NOT RESPONSIBLE IN ANY WAY FOR REIMBURSEMENT OR ANY FORM OF COMENSATION FOR CHARGES INCURRED DURING THE COURSE OF THE RENTAL STATED ON THE ABOVE PORTION OF THIS RESERVATION.
