Rental Agreement  

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Rental Agreement 

Customer's requiring shipment of rental(s) must submit this form prior to rentals being shipped.  Customer's may have agreement faxed.    

Renter's First Name*
Renter's Last Name*
Title
Company
Phone*
Driver's License	Include state initials
Email*
Reenter Email*
	THIS LEASE OR RENTAL IS MADE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AS SET FORTH BELOW ELECTRONICALLY BETWEEN deanna Tee, LLC (hereinafter referred to as “Lessor”) and Renter (hereinafter referred to as “Lessee”) . ___ 1. Acceptance of this agreement electronically is required, along with an acceptable deposit and if requested, full payment of rental. ___ 2. Business hours are 10 AM - 6 PM Tues-Thurs, Fri 10 AM - 4 PM, CLOSED SATURDAY. All rental items must be returned within these hours to obtain a deposit refund, if applicable. The terms of this agreement shall be from the initial ship date or pick up, whichever is first, until the items and equipment are returned to Lessor. The Renter agrees to make redelivery of the item as stipulated and further agrees to the daily charge for the time that delivery is delayed. ___ 3. Lessee, as named herein, represents that: a. Lessee is 18 years of age or over; b. Lessee is free from any physical infirmity, chronic illness or mental disorder which could affect Lessee's safe operation of the item and equipment; c. Lessee is knowledgeable about the leased item (s) so as to provide safe operation of the equipment; and No person under the age of 18 is allowed to operate the equipment. ___ 4. During the term of this agreement, Lessee shall be solely responsible for the safe and careful operation of the leased items. Lessee acknowledges that he has examined the leased equipment prior to use and finds it to be in good condition. Renter shall be liable for and will pay for any and all loss or damage to leased items and/or equipment during the term of this lease resulting from any cause whatsoever, as well as any consequential and incidental damages arising during or after the term of the lease. Such damage shall include, but are not limited to: damage in whole or in part to foam, vinyl, cables, handles, face holes, headrests, straps, pockets, Velcro, locking mechanisms, oil holder (s), support system, carrying case, or any and all part (s) of equipment/items; destruction in whole or in part to foam, vinyl, cables, handles, face holes, headrests, straps, pockets, Velcro, locking mechanisms, oil holder(s), support system, carrying case, or any and all part(s) of equipment; and the loss resulting from the inability of the Lessor to lease the item to others during the time when repairs or replacement of the damaged item and/or equipment is being accomplished. Damages will be deducted from the deposit, but the deposit will not operate as a limit upon the amount of damages. ___ 5. Lessee assumes all risks and liability for injuries or deaths of persons and damages to property, whether or not insured, however arising from an incident to the use, operation or possession of the item, whether such injury or death to persons be to persons on the leased item or around leased item or beneath leased item. Renter shall indemnify Lessor-against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liability, including attorney's fees, resulting from or arising out of the use, operation, or possession of the item or equipment, whether or not same is due in whole or in part to the negligence, strict liability or other fault of Lessor, its agents or employees. The indemnities and assumptions of liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of this lease, and shall be effective regardless of any insurance coverage by Lessor. Lessee further grants to Lessor the right to recover reasonable attorney fees and costs incurred in the enforcement of this indemnity provision. ___ 6. Lessee hereby releases, waives and discharges Lessor, its owners, employees and agents, from all liability to the Lessee, his/her spouse, legal representatives, heirs and assigns, for any and all loss or damages, and any claim or damages resulting therefrom, on account of injury or death to Lessee, authorized user (s) and his/her guests, or damage to or loss of their property, whether caused by Lessor's negligence or otherwise, while Lessee is in the possession or operation of the equipment. ___ 7. In the event of any accident or casualty involving this equipment, Lessee agrees to furnish the Lessor with a complete report of the same immediately, in writing, including the names and addresses of all witnesses and parties involved. ___ 8. Lessor makes no representation or warranty of any kind, nature or description, written or oral, expressed or implied, with respect to the item (s) and equipment including, without limitation, the condition of the equipment, its merchantability or its fitness for any particular purpose as to Lessor, therefore, Lessee expressly agrees that he leases the equipment "As Is". ___ 9. Damage assessments will be the exclusive right of deanna Tee, LLC or it's agents. In the event Lessor and Lessee are unable to settle on the amount of damages caused by Lessee during the term of this lease, Lessee agrees that the venue for settlement of any and all claims made by the Lessor, shall be Howard County or Prince Georges County in the State of Maryland. Lessee shall be responsible for the legal fees incurred by Lessor in the pursuit of these damages. ___ 10. CANCELLATION POLICY: Deposits are non-refundable. After rental equipment is shipped, refunds are not available. RENTAL AGREEMENT: TERMS AND CONDITIONS LESSEE AGREES BY HIS/HER ELECTRONIC SUBMISSION THAT HE/SHE HAS READ AND IS AWARE OF THE FOLLOWING TERMS AND CONDITIONS CONCERNING THE USE OF THE MASSAGE EQUIPMENT AND ACCEPTS FULL RESPONSIBILITY HEREIN. This contract is the entire agreement between Lessee and Lessor. It is agreed that these terms are contractual and cannot be altered by another document or oral agreement. Owner makes no warranties, express or implied. Lessee authorizes Lessor to verify through credit agencies or other sources, personal and credit information provided by Lessee. Time is of the essence of this agreement. As used herein “Lessor” means deanna Tee or deanna Tee's representative. Lessee expressly acknowledges that Lessee and Lessor are the only parties to this Rental Agreement, notwithstanding that a reservation for the massage equipment may have been arranged by a third party, that a third party may pay for all or part of the rental bill and/or that a third party may negotiate certain terms of the rental including but limited to the length of rental, rental rate and/or selection of optional products. Lessee understands that Lessee is the sole lessee and is solely responsible for compliance with all terms and conditions of this Rental Agreement. 1. OWNERSHIP, CONDITION OF MASSAGE EQUIPEMENT, TERM OF CONTRACT, USE OF OR OPERATION OF MASSAGE EQUIPMENT: Lessee acknowledges massage equipment is the property of Lessor and acknowledges he received massage equipment in good physical and mechanical condition. If equipment is shipped by courier, Lessee agrees to examine equipment prior to initial use. If equipment is damaged Lessee agrees not to initiate use of equipment and notify Lessor immediately by calling 1.888.dTSHOPS, completing damage form within 24 hours, and return via fax to 410.880.4092. 2. Lessee agrees to return massage equipment to Lessor in same condition as received, on return date stated electronically or upon demand of Lessor, ordinary wear and tear accepted. If Renter returns massage equipment during non-business hours or to any other place other than the original rental branch, Lessee is responsible for any and all damages, and/or rental charges until an employee of Lessor checks in the massage equipment. 3. Lessee agrees not to use massage euipment for use in violation of any law, ordinance or regulation governing the use or return thereof, nor remove from the State of rental without written consent of Lessor. 4. LESSEE EXPRESSLY AGREES TO PAY TO OWNER ON DEMAND: (a) Service and time charges at rate specified on electronic or mailed invoice plus other charges if applicable, even if a billing or statement is sent to any other company, individual, or insurance organization. Service charges may include a surcharge which represents a portion of expenses Lessor incurs in the rental of massage equipment. If the reverse side of the agreement indicates “calendar day”, any fraction of a calendar day for any item shall be charged as a full day. After the first full day any partial 24 hour period will be charged at the hourly rate for the hours over a 24 hour increment or the daily rate whichever is less. (b) The value of any accessories lost or stolen from massage equipment. (c) Any fine or legal violation including administrative fees, against the Lessee or Lessor during this contract, except for Lessor’s fault. (d) A two percent (2%) per month carrying charge on all charges not paid within thirty (30) days after the end of the rental or the maximum allowed by state law. (e) One Hundred Dollars ($100) if the massage equipment is not returned to the original rental office without the written consent of Owner. (f) All expenses incurred by Lessor in the collection of monies due Lessor per this agreement or, in regaining possession of massage equipment or in enforcing any term or condition of this agreement, including attorney’s fees, administrative fees and costs. All charges are subject to final audit. 5. DAMAGE TO MASSAGE EQUIPEMENT: Lessee is responsible for and agrees to pay Lessor the fair market value for replacing the rented massage equipment and/or repairing damage to the massage equipment, including: loss of use, claim administrative fees, diminishment of value, storage, and costs incurred by Lessor to recover massage equipment and to establish damages, regardless of fault or negligence of the Lessee or any person, and regardless if damages are the result of an act of God. For purposes of the Agreement, the fair market value for the cost of replacing Lessor’s massage equipment shall be retail value. Lessee’s insurance is primary and Lessee agrees to present a claim to his/her insurance agent/carrier for all damages and costs that are Lessee’s responsibility. 6. BODILY INJURY AND PROPERTY DAMAGE RESPONSIBILITY: Lessor provides no BODILY INJURY or PROPERY DAMAGE LIABILITY INSURANCE or coverage to Lessee or any other operator or user for bodily injury or property damage to Lessee, operator, user, or any third party. Lessee’s insurance applies. Lessee represents and warrants that they have and will maintain in force during the tern of this rental agreement, BODILY INJURY and PROPERTY DAMGE LIABILITY INSURANCE for Lessee, other operators, users, and third parties equal to the financial responsibility limits required by the applicable Laws of the state in which the massage equipment is operated or used. Lessee agrees to defend, indemnify and hold Lessor harmless from any claims, liabilities, costs and expenses arising from the Lessee or other operators’ use, operation or possession of the rented massage equipment. Lessee assumes full responsibility for any damages to or destruction of property. If there is other valid and collectible liability protection or insurance on any basis available to Lessee or any other person, and such protection or insurance satisfies the financial responsibility laws, then no liability protection is afforded by Lessor. However, if Lessee is in compliance with the terms and conditions of this agreement, and if Lessor is determined by law to provide liability protection to any Lessee or authorized user, such liability protection shall be limited to the minimum financial responsibility limits of the state in which the massage equipment is operated. 7. OWNER’S FINANCIAL RESPONSIBILITY, UNLESS LAW REQUIRES, DOES NOT EXTEND TO: Injuries to the Lessee while setting up or dismantling massage equipment. Liability imposed upon or assumed by anyone under any worker’s compensation act, plan, or contract. Bodily injury or property damage occurring while the massage euipment is used for a commercial purpose. Any property owned or rented by or in the care of the Lessee. 8. Accidents must be immediately reported in writing to the office where the massage equipment was rented and in any event within 24 hours after the accident. Lessee must immediately deliver to the office from where the massage equipment was rented every process, pleading or paper relating to any claims, suits and proceedings. The Lessee shall not aid any claimant but shall cooperate fully with Lessor in all manners connected with any claims or suits. 9. VIOLATIONS OF THE CONTRACT: A violation of the Rental Agreement shall exist: I. If the massage equipment is used: (a) By person other than the Lessee under the age of 18 or by person who has given a fictitious name or false address or age. (b) For any illegal purpose. (c) By any person if there is reasonable evidence they were under the influence of narcotics, intoxicants, or drugs. (d) By any person other than Lessee without written consent of Lessor. (e) Outside the state of rental without written consent of Lessor. (f) In a reckless or imprudent manner or if the massage table is deliberately damaged; or II. If: (a) Lessee misrepresents facts to Lessor pertaining to rental, use or operation of the massage equipment. (b) The massage equipment is stolen and the Lessee fails to file a police report within 24 hours after discovering the theft, and cooperates fully with Lessor in all matters connected with the investigation of the theft. (c) Lessee fails or refuses to make a report of damages to police or other lawful authorities. 10. Upon termination of Lessee’s right to operate said massage equipment by reason of violation of any conditions herein stated, Lessee agrees to cease using said massage equipment, to notify Lessor, and to pay all expenses incurred by Lessor in returning massage equipment to place of rental and agrees any continued operation of massage equipment after a violation is an operation without the knowledge, consent or permission of Lessor and Lessor may notify police said massage equipment has been stolen and Lessee releases and discharges Lessor from any liability and all claims of any nature arising therefrom. Lessor has the right to seize, without legal process, or notice to Lessee, said massage at any time and Lessee waives all claims for damages connected with such seizure. The Lessor is not responsible for any personal property left when the Renter returns the massage equipment other than to use reasonable care in the holding the property for the Renter. 11. LESSEE’S INDEMNITY PROVISION: Upon demand from Lessor, Lessee agrees to defend, indemnify, and hold Lessor harmless from all losses, liabilities, damages, injuries, claims, demands, costs, and expenses incurred by Owner in any manner from this rental transaction or from the use, or operation of the massage table by any party, including claims of, or liabilities to, third parties, and, agrees to present a claim to their insurance carrier for all such expenses. If Lessee has no insurance to cover such events or losses, Lessee agrees to pay Lessor for such losses. 12. LESSEE AUTHORIZES OWNER TO SUBMIT FOR PAYMENT CREDIT CARD, OR DEBIT CARD, VOUCHERS IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY AT THE TIME MASSAGE EQUIPMENT WAS RENTED, INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. 13. POWER OF ATTORNEY: Renter hereby grants and appoints to Lessor a Limited Power of Attorney to present insurance claims for property damage to Lessee’s insurance carrier if the rented massage equipment is damaged during the term of this rental agreement; and to endorse Lessee’s name on insurance payments for the charges or damages. 14. If any provision of the rental agreement is unlawful, contrary to public policy, void or unenforceable, remaining provision shall continue in full force and effect. 15. Lessee acknowledges that Lessor cooperates with federal, state and local law enforcement officials and that Lessor may provide information concerning this rental transaction to such law enforcement officials. 16. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Lessee under this Agreement, Lessee herby assigns to Lessor Lessee’s right to receive such payment. Only those amounts actually paid by a third party to Lessor shall reduce the amount owed by Lessee under this Agreement; provided however, certain third parties may have agreed to pay Lessor a flat fee for this rental in lieu of Lessor’s “/day” charges or their party’s per diem benefits. In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under this Agreement; or the per diem benefits under the applicable insurance policy. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Lessee remains responsible for all charges not paid by the third parties, such as charges for the optional products, extra rental days, and all other charges.
	Please check appropriate box:
Check one*:	I DO NOT accept this agreement (Please uncheck if you agree)
	I ACCEPT  & AGREE to the terms and conditions of this agreement
Renter's Initials*	(example:  Jane Smith - enter JS)
Date of Intended Use*	(ex:  December 10, 2010 or 12/10/2010)
Return Date*
Billing Address* (Include Name as it appears on credit card)	(Please include your name as it appears on the credit card.  Address must match billing address of credit card)
Delivery Address*	(Please include name as you would like it to appear on shipping label)
	Please click type of "Ship to Address":
What is shipping address?	Business Address (Please uncheck if residential address)
	Residence Address
	Cancellation Policy:  Deposits are non-refundable.  After rental equipment is shipped, refunds are not available.  We aim to provide efficient, reliable service.  Therefore, rentals are allocated to customers per their requested dates and are therefore not available for rental to other customers. Thank you for understanding this policy.

Note:  On scheduled "Date of return",  FEDEX Ground will pick up rental(s) anytime between 9:00 am to 6:00 pm.  Special request may be made for time ranges but times can not be guaranteed.  Please consider this when arranging equipment use. 

 

Return Shipping Instructions:  Rental Return Instructions (click) 

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