RENTAL AND RELEASE OF LIABILITY
SECURITY DEPOSIT INFORMATION • CREDIT CARD AGREEMENT A CREDIT CARD IS REQUIRED TO RENT FROM CITY. BY SUPPLYING CITY WITH THIS CREDIT CARD, THE CARD HOLDER AGREES TO PAY ALL FUTURE CHARGES RELATED TO THIS RENTAL. I.E. ADDITIONAL RENTAL CHARGES, DAMAGES TO EQUIPMENT OR EQUIPMENT NOT RETURNED.
NO RENTALS PICKED UP WITHOUT 24 HOUR NOTIFICATION.
LESSOR - City Ladder Co. (Referred to as "City")
RELEASE OF LIABILITY
By signing this Agreement, Lessee releases City from any tort or contract liability. City makes no express or implied guarantees or warranties on the equipment. Equipment ls rented in "AS IS" condition. Inspect it before using it and report any problems immediately to City. By using it Lessee is indicating he has inspected the equipment and found it to be in good shape. Lessee and his or its employees use this equipment at their own risk. This Agreement also serves to release City's employees, agents and suppliers from any claim of injury due to negligence.
CARE AND OWNERSHIP OF EQUIPMENT
Lessee agrees to take good care of the equipment and inspect it every day before use. Lessee will not move it from the job to which it is delivered. Lessee will not sell the equipment, pledge, sublet, mortgage or assign ft. If it is necessary to repair equipment after Lessee's use of it, Lessee agrees to pay for the repairs. City at all times remains sole owner of the equipment rented.
ORAL PROMISES
No oral statements or promises of City are part of this Agreement. The terms of the written Agreement are the entire and the only contract between the parties.
PREVIOUS CLAIMS
By signing this Agreement Lessee acknowledges it has no previous or preexisting claims of any kind against City or its agents, employees or suppliers. Lessee waives any previous or preexisting claim or right against City or its agents, employees or suppliers.
INFERENCES
If for any reason City decides not to collect or charge the full amount of the rental, the failure to collect by City shall not imply any wrongdoing on its part.
NO AGENCY
Under no circumstances will this Rental Agreement make Lessee and agent of City.
ARREARAGES AND ASSIGNMENT
If Lessee falls behind or fails to make any payment due under this Agreement, Lessee assigns to City the right to receive Lessee's payment from the owner or general contractor on whose Job this equipment is used.
CURBSIDE DELIVERY
All deliveries and pick.ups of equipment will be only to the curb of the job on which it is used. If equipment is carried inside a structure by City, such movement will be at the sole and exclusive risk of Lessee. City shall in no way be liable for any injury or damage resulting from moving the equipment.
LESSEE'S EMPLOYEES
Lessee agrees to indemnify and hold City harmless for any claim made against City by Lessee's employees or anybody else injured or damaged by City's equipment while it is in Lessee's possession or use.
RETAKING EQUIPMENT
If Lessee violates any part of this Agreement, City has the option of terminating the lease and reclaiming all equipment. To do so City may enter the premises where the equipment is located and take it back. Lessee waives any right it may have to prevent City from doing so.
INTEREST
Lessee agrees to pay City 1 1/2% per month interest on any rental payment or other charges due and owing under this Agreement.
ATTORNEY'S FEES
Lessee agrees to pay City reasonable attorney's fees if City is required to employ an attorney to secure any of its rights under this Agreement. The amount of said fees shall be established by the court in accordance with the amount of time and effort expended by City's attorneys.
AGREEMENT BINDING
Lessee agrees this Agreement shall bind its or his heirs, executors, successors, assigns or administrators.
NO WAIVER
If City fails to exercise any of its rights under this Agreement, such failure will not act as a waiver of the right.
SIGNATOR
If this Agreement is signed by an employee of Lessee, Lessee warrants and represents the employee had authority to sign. The employee also agrees to be bound on his own account by the releases and waivers of liability contained in the
Agreement.