Fill and Sign the Lease of Recreation or Athletic Equipment Form

Lease of Recreation or Athletic Equipment Lease Agreement made on the       day of       , 20       , between       of       , (Name of Lessee) (Street Address, City, County, State, Zip Code) referred to herein as Lessee, and       , a corporation (Name of Lessor) organized and existing under the laws of the state of       , with its (Name of State) principal office located at       , referred to herein as (Street Address, City, County, State, Zip Code) Lessor hereby leases to Lessee, and Lessee leases from Lessor the Equipment described in Exhibit A attached hereto and made a part hereof, hereinafter called the Equipment. 1. Rent is $       per month , payable in advance from the beginning of this Lease. 2. The term of this Lease is from       to       , but if Lessee retains (Date) (Date) the Equipment after expiration of that time period, such retention shall be construed as a continuance of this Lease, at the same rental, and under the same terms, until the Equipment is returned to Lessor. 3. Lessee agrees to keep the Equipment in the same condition as when received, ordinary wear and tear excepted. Lessee acknowledges that Lessee has been instructed in and fully understands the safe operation of the leased Equipment and agrees to observe all safety precautions. Lessee agrees to pay Lessor, on return of the Equipment, for all charges incidental to breakages, shortages, or damage, ordinary wear and tear excepted, to the leased Equipment during the term of this Lease. 4. Lessee agrees to keep the leased Equipment in Lessee's custody and not to sublease or rent the Equipment. 5. Lessee acknowledges that the leased Equipment is of a size, design, capacity, and manufacture selected by Lessee. Lessor is not a manufacturer of this Equipment or a dealer in similar Equipment and has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the leased Equipment. 6. This lease constitutes the full agreement between Lessor and Lessee. The receipt of the leased Equipment in good order and repair is acknowledged by Lessee. 7. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and Lease of Recreation or Athletic Equipment Page 1 of 2 conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 8. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 9. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 11. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. WITNESS our signatures as of the day and date first above stated.       (Name of Lessor) By: By: (P rinted Name of Lessee) (P rinted Name & Office in Corporation)             (Signature of Lessee) (Signature of Officer) Lease of Recreation or Athletic Equipment Page 2 of 2