RENTAL TERMS AND CONDITIONS
This Rental Terms and Conditions is by and between, ____________________ (hereinafter referred to as the “Lessor”) and ___________________, (hereinafter referred to as the “Lessee”). Together referred to as “parties”.
WHEREAS the parties herein have mutually agreed to be legally bound by the following terms, conditions, and obligations; –
- Rental Period.
The parties herein agree that the lessee shall rent out the claw machine for a period of ___________ from the lessor.
The lessee shall pay the lessor $ _____ as compensation for the rental of the claw machine.
Parties agree that a refundable deposit of $______ will be paid to the lessee before the delivery of the claw machine and the balance upon delivery of the claw machine.
- Delivery.
The lessee shall provide an address for delivery to the lessor who grants the lessor permission to access the premises to deliver the claw machine and set it up for use.
- Indemnity Clause.
The lessee hereby agrees to indemnify the lessor from any claims, including those of third parties, arising out of or in any way related to the lessee’s use of the claw machine.
The lessee assumes all risk of injury or other losses relating to recreational activities and will hold the lessor harmless.
- Responsibility.
The lessee shall be responsible for watching over the machine and making sure no one messes with the claw machine or tries to push it over.
In the event, any of the kids at the birthday party breaks the machines and pushes them over causing damages, they are liable for any repairs that occur.
Either party can terminate this agreement by issuing the other prior written notice.
In case of early termination by the lessee, the lessee shall be liable for all costs the landlord would have accumulated up to the date of termination.
- Force Majeure.
For this agreement, “Force Majeure” means an event that a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this contract, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay to carry out the terms of this contract.
- No Waiver.
Failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this contract.
The provisions of this contract are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
- Entire Contract.
This contract constitutes the entire contract between the parties. It supersedes all prior oral or written contracts or understandings between the parties concerning the subject matter of this contract.
- Dispute Resolution Mechanism.
Any dispute, controversy, or claim arising from or relating to this agreement or the interpretation, breach, or validity thereof shall be resolved through negotiation between the parties.
The dispute shall be referred to mediation if a resolution cannot be obtained.
- Governing Law.
This contract shall be governed by and according to the laws of _________________.
I have read this agreement and fully understand and accept the conditions herein. I am aware that while in my care, I am fully responsible for the Claw Machine and will pay for any loss or damages that may occur. I (LESSEE) ACCEPT AND UNDERSTAND ALL TERMS OUTLINED IN THIS AGREEMENT.
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