Rental Agreement, Release, Waiver and Indemnity Agreement
Regarding Electric Mobility Scooter Rentals
Rental Agreement made on the __________________________ (date) , between
____________________________ (Name of Lessee) of ______________________________
_____________________________________ (street address, city, county, state, zip code) ,
referred to herein as _________________________ (Lessee) , and ______________________
(Name of Lessor) , a corporation organized and existing under the laws of the state of
_________________________, with its principal office located at ________________________
_____________________________________ (street address, city, county, state, zip code) ,
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 ________________________ (date) at ____________ (time) and
end on _________________________ (date) at _______________ (time) . 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 garden 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 __________________ (name of state) 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.
______________________________
(Name of Lessor)
____________________________ By: _____________________________
(P rinted name) ________________________________
(P rinted name & Office in Corporation)
_____________________________ ______________________________
(Signature of Lessee) (Signature of Officer)