Rental Agreement

Rental Agreement, Release, Waiver and Indemnity Agreement
Regarding Electric Mobility Scooter Rentals

Rental Agreement made on the , between of , referred to herein as , and , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Lessor.

Whereas, Lessee desires to rent one of Lessor’s Electric Mobility Scooters (hereinafter called Scooter) pursuant to the terms and conditions of this Rental Agreement; and

Whereas, Lessor desires to rent one of its Scooters to Lessee pursuant to the terms and conditions of this Rental Agreement;

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

Lessor does hereby rent to Lessee the following described Scooter with the rental period (Rental Period) to begin on at and end on at . The Scooter is described as follows:

Manufacturer

Model

Serial Number

Rental Period: In the event Lessee should fail to return the Scooter to Lessor before the expiration of the Rental Period, notwithstanding anything to the contrary the provisions of this Agreement shall continue to apply and to bind Lessee until the Scooter is duly returned. Lessee shall be liable for liquidated damages in the amount of $ per hour which shall be payable immediately upon receipt of the Scooter by Lessor.

The Scooter: Lessee hereby acknowledges that he has carefully examined the Scooter and finds it in good operating condition and suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition, Lessee further acknowledges that he shall maintain both the Scooter and accessory equipment in a safe, dependable condition while in his custody.

Payment: Lessee shall pay half of the rent to Lessor upon taking possession of the Scooter. The remainder of the rent shall be due and payable on the last day of the Rental Period.

Security Deposit: In addition to the rental payment, the Lessee shall pay a minimum $ security deposit (either cash or by credit card) at the time this rental Agreement is signed for each Scooter rented. This deposit will be applied against the rent due at the beginning and end of the Rental Period. Should damages to the Scooter exceed the minimum $ deposit, the Lessee agrees to make payment in full immediately upon the presentation of an itemized bill by Lessor to Lessee. This security deposit shall not bear interest.

Inherent Danger: Lessee understands and agrees that Scooter and its operation is an inherently dangerous activity. Lessee certifies that he understands the rules and regulations for the safe operation of Scooter. Lessee further agrees not to let anyone else operate the Scooter without prior knowledge and written permission from Lessor and adequate instruction on the rules and regulations for safe operation of a scooter.

Minimum Age: The Lessee shall provide evidence that he is at least eighteen years of age. A parent or legal guardain must sign this Agreement for anyone under 18 years of age. All operators must be at least 16 years of age.

Health of Lessee: Lessee certifies that he is in good health, has no physical defects that may be of danger to themselves or anyone else and that he is capable of safe operation of the Scooter. Furthermore, Lessee certifies that he is NOT under the influence of alcohol or drugs (legal or otherwise) and will remain so during the Rental Period.

Care and Operation: Lessee agrees to keep the custody of the Scooter at all times during the Rental Period and to operate the Scooter only in a careful and proper manner, and to obey and comply with all laws and regulations for Scooter operation. Lessee shall also obey and comply with any and all instructions provided, verbally or in writing, by the Lessor, if any. Lessee understands that all laws of the road apply when operating a Scooter.

Warranty: Lessor provides no warranties of any kind whatsoever, express or implied, as to the Scooter, or to the accessory equipment. if any.

Risk of Loss or Damage: Lessee assumes all risks of loss or damage that may occur to the Scooter arising from any cause whatsoever, and agrees to return the Scooter in the exact condition it was when taken from Lessor, with the exception of normal wear and tear. If the Scooter is damaged or lost, Lessor shall have the option of requiring the Lessee to assume all costs for the repair of the Scooter or to replace the Scooter with a similar Scooter in a similar working condition.

Lessee agrees to use the Scooter in conformity with Lessor directives, written and verbal, and not to use, nor permit the use:

• of the Scooter for any unlawful purpose;

• of the Scooter in a careless or negligent manner;

• of the Scooter while under the influence of alcohol and or narcotics; or

• by any other person than the Lessee, unless approved in writing by Lessor.

It is understood and agreed by Lessee that Lessor shall not be held liable for loss, damages, inconvenience or time lost caused by accident, breakdown or malfunction of the Scooter while rented or used by Lessee or under the legal control of Lessee. Lessee further agrees to indemnity and hold harmless Lessor from and against any and all claims that may occurred for loss or damages arising to property or for bodily injury (including death) resulting from the use, operation or possession of the Scooter. Lessee further agrees to indemnify and hold Lessor harmless should loss or damages occur to any of the Lessee's personal effects while carried in, or on, the Scooter, including, without limitation, loss or damage caused by fire, water, theft, Act of God or any other cause whatsoever.

In the case Lessee is in default in respect of any obligation herein, Lessee hereby agrees in advance to indemnify and hold Lessor harmless of, from, and against any and all loss, costs and damages in connection with the enforcing of the provisions of this Agreement, including legal costs and expenses incurred for collecting any amount due by Lessee to Lessor.

In the event of malfunction or breakdown of the Scooter, or if any defect occurred while the Rental Period, Lessee shall immediately report the same to Lessor. Continued use of the Scooter in any of these circumstances shall be entirely at Lessee's risk and Lessee shall then be under the obligation to assume any and all liabilities resulting from bodily injury, loss or damage caused to all persons and property that may become involved into any accident.

Right to Cancel: Lessor reserves the right to cancel this Agreement due to inclement or impending bad weather. Rental Payment will be prorated based on the time used. The rules and regulations as posted in the office and/or on the Scooter, are for the safety and welfare of every users of the Scooter. Lessee certifies that he has read and understands said rules and regulations, and further assumes the responsibility to see that his family and/or guests will obey the rules and regulations and any and all obligations arising from this Agreement.

Liability and Indemnity: Lessee hereby releases and discharges, the Lessor, its employees, agents and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments and legal costs, which Lessee or Lessee's heirs, personal representatives or assigns may have, or may claim to have, for negligence created by or arising from the use, operation, handling, or transportation of the Scooter by Lessee or anyone else during the Rental Period or if Lessee or anyone else should fail to respect any of the provisions herein. Furthermore, Lessee hereby agrees to defend, indemnity and hold harmless, Lessor, its employees, agents and assigns from any and all claims, damages, demands, costs, losses, expenses, actions and judgments, which are created by or arise out of Lessee's operation or possession of the Scooter during the Rental Period. Lessee also agrees to pay any and all claims brought by any third party as a result of the operation and/or use of the Scooter during the Rental Period.

No Waiver: 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 conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

Notices: 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.

Mandatory Arbitration: 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.

Entire Agreement: 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.

Modification of Agreement: 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.

Assignment of Rights: The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.