EQUIPMENT RENTAL AGREEMENT
THERE WILL BE A $1000 authorization on your card for damages.
FREE DELIVERY if drop off address is within a 15 mile radius of the Shoreview Community Center. There will be a $3.00 charge for each additional mile after that.
This Equipment Rental Agreement (“Agreement”) is hereby entered into by and between Revival Sauna Company LLC (“Lessor”) and renter name as filled out on the checkout screen (“Lessee”), the sauna will be used at the location address written on the checkout screen by the renter named on the checkout screen. Lessor and Lessee are cumulatively referred to herein as the “parties”, each individually a “party.”
WHEREAS Lessor is the owner of a certain mobile sauna (“Sauna”), including any other products or property and optional accessories provided by Lessor related to such Sauna. The Sauna and any other products or property and accessories are identified on Exhibit A hereto, which Exhibit A may be updated by Lessor from time to time; and
WHEREAS Lessee who must be 18 years of age, desires to lease from, and Lessor desires to Lease to, the Sauna, pursuant to the terms and conditions of this Lease.
NOW, THEREFORE, in consideration of the agreements and obligations set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties agree as follows:
1. Definitions. The following definitions are used but not otherwise defined in this Agreement:
2. "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the TotalLoss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
3. "Equipment" means (check all that apply):
☒ 7 x 14 Mobile, wood-fired sauna trailer which has an approximate value of $40,000. (include stove ect.?)
☒ Cold plunge ice barrel which has an approximate value of $ 1500 1. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
1. Term. The Agreement shall be for a for the days described on the checkout screen commencing on the Effective Date.
2. Rent and Deposit.
1. The Lessee agrees to pay Lessor the amount of money on the checkout screen, and all other costs and expenses, including any accessory fees as priced out and attached in Exhibit B, or otherwise identified herein (“Rent”).
2. Additional charges of $200.00 per day will become due for every day the equipment has not been returned beyond the Term of this Agreement, unless otherwise agreed to by the parties in writing.
3. The Lessee will allow the Lessor to authorize their credit card for $1000 (“Deposit”) prior to taking possession of the Equipment. The Lessor will cancel that authorization within 7 days of the end of the Term provided that the Lessee has performed all the Lessee's obligations under this Agreement and no damage to the equipment has occurred.
4. Upon signature of this Agreement, the fee on the rental screen is due in full to the Lessor.
5. Lessor will determine the means for delivery of all Rent (e.g., check, book entry, ACH).
6. All monies are non-refundable within two (2) weeks of Delivery Date.
7. Residual Value. The residual value (the "Residual Value") of the equipment is $50,000
8. Use of Equipment. Lessee shall exercise due care in its operation, use and maintenance of the Equipment. Lessee shall not use, and shall not permit others to use, the Equipment in any manner that would contravene applicable laws, rules, regulations, and other governmental directives, would violate the terms of any manufacturer’s or like warranty, or would contravene the manufacturer’s reasonable operational standards for the Equipment. If the Lessor notifies Lessee of any additional operational standards, Lessee shall adhere, and shall cause others using the Equipment under this Agreement to adhere, to such standards in the operation of the Equipment. Lessee agrees that it is Lessee’s responsibility to ensure that every participant in the Sauna shall have signed Lessor’s liability waiver. Once the Sauna is in Lessee’s possession, Lessee assumes all responsibility and liability for participants in the Sauna regardless of their signing of Lessor’s liability waiver.
Warnings for Use of Sauna.
1. Your particular physical condition may affect your ability to safely use a sauna. Consult with a medical professional to see if it is safe for you, minors or pregnant women.
2. The use of alcohol, drugs, medication or other foreign substances may increase your health risks in a sauna for a number of reasons.
3. If you choose to use the sauna, we recommend that you do so with another person so that someone is able to help you if you start to feel bad.
4. Some possible effects of overheating include dizziness, lethargy, drowsiness and fainting. You should immediately exit the sauna if you start to feel any of these symptoms or other symptoms that are unusual for you.
5. If you are allowing minors in the sauna, never leave them alone and do watch them carefully.
6. Do not touch the stove or heat source in the sauna as you may burn yourself, and do not put any flammable materials or fabric, on the stove or heat source.
7. Do not use electronics in the hot room of the sauna.
8. Remove jewelry before using the sauna as it could become very hot.
9. Refer to the instruction manual for starting/putting out the fire after use.
10. If the wall around the heater is darkening, stop use immediately and exit the sauna.
11. Every time that you use the sauna, make sure that the door can be easily opened from the inside.
12. Personal Property. Lessor is not and shall not be responsible for loss of, theft, or damage to any property in or on any Sauna.
13. Delivery of Equipment.
14. Equipment will be delivered by around 3 pm on the first day of the rental to the address named on the checkout screen.
15. Equipment will be picked up the morning (Before 10am) of the last day of rental.
16. If Lessee moves, transports, or otherwise relocates the Equipment in any manner, it does so at its own expense and risk and shall assume all responsibility for any damages that may occur, including, but not limited to the value of the Total Loss of the Equipment.
17. Repair and Maintenance of Equipment.
18. If the Equipment is damaged beyond reasonable wear and tear, an amount necessary to fix or offset the damage will become due and may be kept from the Deposit by the Lessor. Any damage or loss of the Equipment that exceeds the amount of the Deposit will be the responsibility of the Lessee. The Lessorwill make the said repairs within a reasonable time of taking possession of the Equipment and will give the Lessee written notice of and invoices for the said repairs. Upon receipt of such invoices, the Lesseewill immediately reimburse the Lessor for the actual expense of those repairs.
19. The Lessee may, but is not obligated to, enforce any warranty that the Lessor has against the supplier ormanufacturer of the Equipment. The Lessee will enforce such warranty or indemnity in its own name and at its own expense.
21. The Equipment will be in good working order and good condition upon delivery.
22. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.
23. Loss and Damage.
24. To the extent permitted by law, the Lessee will be responsible for risk of loss, theft, damage, or destruction to the Equipment from any and every cause.
25. If the Equipment is lost or damaged, the Lessee will continue paying Rent for the duration of the Term,will provide the Lessor with prompt written notice of such loss or damage and will, if the Equipment is repairable, be responsible for causing the Equipment to be put in a state of good repair, appearance, and condition.
26. In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee.
27. Smoking is not permitted in the sauna.
28. Ownership, Right to Rent and Quiet Enjoyment.
29. The Equipment is the property of the Lessor and will remain the property of the Lessor.
30. The Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
31. The Lessor warrants that the Lessor has the right to lease the Equipment according to the terms in this Agreement.
32. The Lessor warrants that as long as no Event of Default has occurred, the Lessor will not disturb the Lessee's quiet and peaceful possession of the Equipment or the Lessee's unrestricted use of the Equipment for the purpose for which the Equipment was designed.
34. Either party may terminate this Agreement at any time upon thirty (30) days’ prior written notice.
35. Termination by Lessor. If the Lessee breaches any obligation created by this Agreement, Lessor may give the Lessee a Notification of Breach which provides Lessee notice identifying the breach, in writing. Upon receipt of such Notification of Breach, Lessee will have seven (7) days to cure the breach. If the breach cannot be cured in seven (7) days, the Lessor is entitled to terminate this Agreement and Lessee must return Equipment. Alternatively, the Lessor may cure the breach and deduct the cost of curing the breach from Lessee’s Security Deposit.
36. Termination by Lessee. If the Lessor breaches any obligation created by this Agreement, Lessee may give the Lessor a Notification of Breach which provides the Lessor notification identifying the breach, in writing. Upon receipt of such Notification of Breach, Lessor will have seven (7) days to cure the breach. If the breach cannot be cured within seven (7) days, the Lessee is entitled to terminate this Agreement. Lessee will be responsible for returning Equipment to Lessor.
37. Indemnity. The Lessee will indemnify and hold harmless the Lessor against any and all claims, actions, suits,proceedings, costs, expenses, damages, and liabilities, including attorney's fees and costs, arising out of, or related to the use of the Equipment while the Equipment is in the Lessee’s possession, regardless of whether it is the Lessee or any other individual(s) participating while Lessee is renting the Equipment under the terms of this Agreement.
Limitation of Liability. ABSENT THEIR WILLFUL OR INTENTIONAL MISCONDUCT, REVIVAL SAUNA COMPANY LLC PARTIES ARE NOT RESPONSIBLE TO YOU OR ANYONE WHO USES THE SAUNA DURING YOUR RENTAL PERIOD FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RESULTING FROM USE OF THE SAUNA. THE MAXIMUM COLLECTIVE LIABILITY OF REVIVAL SAUNA COMPANY LLC PARTIES FOR DAMAGES RELATING IN ANY WAY TO THE SAUNA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID TO REVIVAL SAUNA COMPANY LLC UNDER THIS AGREEMENT. ANY CLAIM AGAINST REVIVAL SAUNA COMPANY LLC PARTIES BY YOU OR ANYONE WHO USES THE SAUNA, DURING THE RENTAL PERIOD, MUST BE BROUGHT WITHIN 180 DAYS OF THE EVENT GIVING RISE TO THE CLAIM.
1. Default. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:
2. The Lessee fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Lessee's obligations under this Agreement.
3. The Lessee becomes insolvent or makes an assignment of rights or property for the benefit of creditorsor files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of the United States or another competent jurisdiction.
4. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
5. Remedies. On the occurrence of an Event of Default, the Lessor will be entitled to pursue any one or more of the following remedies (the "Remedies"):
6. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Lessee.
7. Apply the Deposit toward any amount owing to the Lessor.
8. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
9. Take possession of the Equipment, without demand or notice, wherever same may be located, withoutany court order or other process of law. The Lessee waives any and all damage occasioned by such taking of possession.
10. Terminate this Agreement immediately upon written notice to the Lessee.
11. Pursue any other remedy available in law or equity.
12. No Remedy is intended to be exclusive, and every such remedy shall be cumulative and shall be in addition to every other remedy available in low or equity.
2. THE LESSEE WILL NOT ASSIGN THIS AGREEMENT, THE LESSEE'S INTEREST IN THISAGREEMENT OR THE LESSEE'S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR.
3. If the Lessee assigns this Agreement, the Lessee's interest in this Agreement or the Lessee's interest in the Equipment without the prior written consent of the Lessor, the Lessor will have recourse to theRemedies and will be entitled to all damages caused by the transfer to the extent that the damages could not reasonably be prevented by the Lessor.
4. Additional Documents. Upon written demand by the Lessor, the Lessee will execute and deliver to the Lessordocuments required by the Lessor to protect the Lessor's interest in the Equipment including, but not limited to, the documents necessary to file a UCC financing statement.
5. Entire Agreement. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
6. Address for Notice. Service of all notices under this Agreement will be delivered personally or sent byregistered mail or courier to the following addresses:
Lessor: Revival Sauna Company LLC, 4766 Kent Way, Shoreview, MN 55126
Lessee: Address at checkout screen
1. 23. Interpretation. Headings are inserted for the convenience of the Parties only and are not to be consideredwhen interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
2. 24. Governing Law. It is the intention of the Parties to this Agreement that this Agreement and the performanceunder this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Minnesota (the "State"), without regard to the jurisdiction in which any action or special proceeding may be instituted.
3. 25. Severability.
4. If there is a conflict between any provision of this Agreement and the applicable legislation of the State of Minnesota (the "Act"), the Act will prevail, and such provisions of the Agreement will be amended ordeleted as necessary to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
5. If any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.
6. General Terms.
7. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures and agreeing to this via online methods contitues agreement.
8. Time is of the essence in this Agreement.
9. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs,executors, administrators, successors, and assigns, as the case may be, of each Party to thisAgreement.
10. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, butnot limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
11. Notice to the Lessee: This is a lease. You are not buying the Equipment. Do not sign this Agreement beforeyou read it. You are entitled to a completed copy of this Agreement when you sign it.
IN WITNESS WHERE OF Revival Sauna Company LLC and name of person on checkout screen have affixed their signatures by a duly authorized officer under seal on this date of signing rental agreement.
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