Yellow Rose Texas
Smokewagon Rental Terms
Terms of Service for SmokeWagon Rentals
For the purpose of this Rental Agreement, “Rental Center” means Yellow Rose Texas, its owners: Alex and Sarah Johnston, officers, directors, shareholders, and employees. “Equipment” refers to the asset provided for rent and detailed on the rental agreement. “Customer” means the legal signee of this document and the individual represented on a government issued identification on file at time of signature. In the case of rental to organizations, “Customer” represents the organization on file for the rental and the individuals legally authorized to represent such organization for the rental period as well as its agents and/or employees.
In consideration of renting the equipment on the rental agreement it is agreed as follows:
RENTAL PERIOD AND CHARGES.
Rental periods vary based on type of equipment and event. Rental Return Date will be specified on the rental agreement. Customer agrees to pay Rental Center all rental charges, delivery fees and other costs as set forth on the front of this Rental Agreement within terms as specified in the Rental Rate Page. If equipment is returned prior to the Rental Return Date no allowance will be made, i.e., the full rental charge as previously agreed upon will apply. If equipment is returned after to the Rental Return Date agreed upon an additional usage fee can and will be charged. Customer agrees to pay all reasonable collection costs and attorneys’ fees incurred in collection of this account or any dispute arising out of this Rental Agreement and customer agrees to pay a monthly service charge on all unpaid balances.
RECEIPT/INSPECTION OF EQUIPMENT.
Customer acknowledges that the equipment may or may not be previously used; therefore Customer hires the equipment on an “as is” basis. Customer acknowledges that he or she has, or will, personally inspect the equipment prior to its use and finds it suitable for Customer’s needs, in good working order and repair. Customer understands (without further instructions) its proper operations and use.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT.
If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Rental Center immediately, who will replace the equipment with similar equipment in good working order if available. Rental Center is not responsible for any incidental or consequential damages caused by delays or otherwise.
TIME OF RETURN.
Customer’s right to possession of the equipment begins upon equipment leaving Rental Center and terminate on the Agreed Return Date indicated on this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Time is of the essence of this Rental Agreement. Any extension of this Rental Agreement must be approved by Rental Center. If the equipment is not returned for any reason whatsoever, Rental Center may retake said equipment without further notice or legal process and use whatever force is reasonably necessary to do so.
DAMAGED OR LOST EQUIPMENT.
Customer agrees to pay for any damage or loss of the equipment as an Insurer, regardless of cause, except reasonable wear and tear, but including acts of God, while the equipment is out of the possession of the Rental Center. Customer also agrees to pay an additional cleaning charge for the equipment/rental items returned excessively soiled. You agree to notify us immediately of any accident or loss and promptly submit any applicable police reports. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment damaged beyond repair will be paid for at its Fair Market Value at the time of rental. The cost of repairs will be born by Customer, whether performed by Rental Center or at Rental Center’s option, by others.
USE OF EQUIPMENT.
Customer agrees not to use or allow anyone to use the equipment for any illegal purposes or in any illegal or unsafe manner. Customer shall not allow any person who is not qualified or competent in its operation to operate the equipment. Customer shall not allow any person to use or operate the Equipment in an unsafe condition or situation or in a careless or negligent manner, or to modify, misuse, harm or abuse the Equipment, or permit any repairs to the Equipment without Rental Center’s prior written permission. NO persons under 21 years of age may operate the equipment. Customer further agrees not to operate or tow trailer grills and smokers while intoxicated or under the influence of any illegal substance. Customer is fully responsible for ensuring the safe operation of the equipment during rental while in their possession and use of and agrees to assume full and entire responsibility for all damages, injuries, or any other liabilities caused by either the Customer or the Equipment during the rental period set forth in this agreement.
RETURN OF EQUIPMENT.
Customer agrees to return to Rental Center the equipment in as good condition as when received, ordinary wear and tear excepted, by the Rental Agreement Agreed Return Date. Customer shall be liable for all damages to or loss incurred prior to return to the Rental Center. If equipment is to be picked up by Rental Center, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to equipment for a reasonable period of time until the equipment is picked up by Rental Center.
Upon failure to pay rent or other breach of this contract, Rental Center may terminate this contract and take possession of and remove the equipment from wherever it is without prejudice to any other remedies or claims which Rental Center might otherwise possess by law. Rental Center shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
INDEMNITY/HOLD HARMLESS.
Customer will take all necessary precautions regarding the equipment rented to protect all persons and property from injury or damage. Customer agrees to hold harmless Rental Center from and against any and all liability claims, judgments, attorneys’ fees and costs of every kind and nature including but not limited to injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the equipment rented, however caused, except claims or litigation arising through the sole gross negligence of the Rental Center.
ASSUMPTION OF RISK/RELEASE AND DISCHARGE OF LIABILITY.
Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the equipment rented hereunder and hereby elects to voluntarily enter into this rental agreement and assume all of the above risks of injury, damage or death arising out of the use or operation of the equipment and customer further agrees to waive, release and discharge any and all claims for injury or damage against Rental Center which customer otherwise may be entitled to assert. Claims waived include damage to food and other goods or loss of time or inconvenience and Rental Center is not liable, and Customer waives all claims for injury or damage to, Customer’s vehicle or property done by detachable hitches and trailer tongues not properly installed by customer.
NOTICE OF NON-WAIVER/SEVERABILITY.
The provisions of this Rental Agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.
APPLICABLE LAW.
This Agreement is governed by the laws of Texas, the United States of America. In the event of a dispute, the place of jurisdiction will be in Texas, unless otherwise required by law.