To
rent our jet ski's, boat, ATVs or snowmobiles, you must be 21 years of age or older.
Lessee acknowledges and agrees as follow:
1. INSPECTION. The lessee acknowledges having personally
inspected the rental equipment
prior to use, and finds it suitable for
his/her needs and in good condition, that he/she understands
its proper
use and agrees to notify the Lessor of any defects. Lessee agrees to
use the
equipment only in accordance with the manufacturer’s instructions
within its rated capacity.
Lessee also will note on the back of page 2
any damages or concerns prior to leaving Rental
Business with Rented
equipment which includes any part of Trailer and Tires as well. Noted
damages will be Initialed or signed by Lessor and Lessee.
2. MALFUNCTIONING EQUIPMENT. If equipment becomes unsafe
or in disrepair, Lessee
agrees to discontinue use and notify the Lessor
immediately. Lessor will replace the equipment
with similar equipment
in good working order, if possible or if less than 4 hours of
equipment
usage by Lessee. Violation of these usage procedures will
result in Damage Deposit loss.
3. WARRANTIES. There are no warranties of merchantability
or fitness, either express or implied.
There is no warranty that the
equipment is suited for the lessee’s intended use or that it is
free from
defects. The Lessee agrees that the Lessor is neither the
manufacturer of the equipment nor the
agent of the manufacturer, nor
is the Lessor responsible for others driving, riding and using
equipment other than the approved Lessee.
4. HOLD HARMLESS AGREEMENT. Lessee agrees to defend,
indemnify, and hold harmless the Lessor, its subsidiaries, officers,
agents, and employees, from and against all loss, injuries, liability, claim,
actions, or expenses, including reasonable attorney fees, by reason
of bodily injury, including death, and property damage, sustained by
any person or persons as a result of the use, possession, operation,
or transportation of the equipment, or Lessee’s failure to comply
with the terms of this Agreement, except to the extent caused solely
by the gross negligence or the intentional wrongful
act of Lessor.
5. ASSIGNMENTS, SUBLEASES, AND LOANS OF EQUIPMENT.
The lessee may not sublease, lend or permit usage of the equipment without the Lessor’s
written permission.
6. TIME AND RETURN AND LESSOR’S REMEDIES. The
lessee’s right to possession terminates on expiration of the rental
period listed on their contract, and retention of possession after this
time constitutes a material breach of this contract. In case of Lessee’s
failure to return the equipment, or if Lessor deems itself insecure,
Lessor may peaceably enter the premises where the equipment is located
and render it inoperative or remove it with or without process of law
and without any notice or liability to Lessee. Lessee will remain liable
for the equipment or for any loss or injury to the equipment, not withstanding
the exercise of these remedies. The remedies provided herein in favor
of Lessor are not exclusive but shall be cumulative and in addition
to all of the remedies existing at
law or in equity, any one or more
of which may be exercised simultaneously or successively. The Lessor,
in their own descretion, may report as stolen all personal property
not returned at the time required per the stated terms of this contract
or if conditions and circumstances indicate theft prior to that time.
Lessee will be present at Pick up and Return equipment leased from
Action Rental to
Action Rental at end of agreed lease period unless
Lessee and lessor have otherwise agreed upon an alternative process.
7. DAMAGE OR LOST EQUIPMENT. The lessee agrees to pay
for any damage to or loss of equipment, as an insurer, regardless of
cost, except reasonable wear and tear, while equipment is
out of the
possession of lessor. Equipment damage beyond repair will be paid for
Lessee at its
new replacement cost, including down time and transportation
costs. The Lessee is obligated to submit a copy of police
report to the Lessor regarding all losses which occur by theft or
mysterious disappearance and also must replace equipment as previously
stated per equipment damaged beyond repair.
8. COLLECTION COSTS. The lessee agrees to pay all reasonable
collection costs, attorney fees and expenses, and other expenses involved
in the collection of the charges or enforcement of Lessor’s rights
under this contract.
These fees
will be extracted as required to cover described cost in this agreement
per previously stated examples from first the damage deposit up to the
amount and exceeding that deposit up to amount required to replace or
repair equipment damaged. If unsatisfied collection of cost still
remains arrangements will be made by Lessee to pay that before Lessee is
released from Rental Agreement although equipment will stay at Rental
Business upon Lessee departure.
9. ACCIDENT NOTIFICATION. The lessee will immediately
notify the Lessor in the event of any accident.
10. PROHIBITED USES. Use of the equipment under the
following circumstances is prohibited
and constitutes a breach of this
Agreement:
a) Use for an illegal purpose or use in an illegal manner.
b) Use when the property is in bad repair or is unsafe.
c) Improper or unintended use or misuse, abuse or improper handling
of the equipment.
d) Use by another other than the Lessee, without the Lessor’s
written permission.
e)Overloading, exceeding rated capacity, misuse, abuse or improper handling
of the equipment.
f) Use of the equipment in any race, test, or contest.
g) Reckless, negligent, or abusive use, or use by Lessee or someone
Lessee allows usage of equipment (or with Lessee’s
permission) which damages the equipment.
h) Use of the equipment in any fashion or manner for which it was not
designed or which is beyond
the manufacturer’s rated capacity
or safe use of the equipment.
USE OF THE EQUIPMENT IN ANY OF THE FOREGOING WAYS WILL RESULT IN A BREACH
OF AGREEMENT and
forfeiture of damage deposit.
11. LESSEE’S COMPLIANCE WITH LAW. Lessee will,
at its own expense, comply with all federal, state, and local laws and
regulations affecting the equipment and its use and operation.
12. ATTORNEY FEES. In the event of any act to enforce
this Agreement or to seek a declaration of rights or responsibilities
hereunder, the prevailing party will be entitled to attorney fees and
costs in addition to all other costs and expenses allowed by law.
13. MERGER/MODIFICATION/SEVERABLITY. This Agreement
expresses the entire agreement between the parties with respect to the
subject matter hereof. No change, modification or alteration
of the
terms hereof will be effective as against Lessor unless the same is
in writing and signed by a duly authorized representative of Lessor.
Lessee’s execution of this Agreement and/or acceptance
of delivery
of any part of the equipment to be furnished hereunder shall constitute
Lessee’s acceptance of all of the terms and conditions contained
herein, and the exclusion of any terms and conditions otherwise stated
by Lessee or contained in any of Lessee’s documents that conflict
with
or limit in any way any of the terms and conditions contained herein.
This Agreement shall be governed and construed in all respects by the
laws of the State of Washington. Lessee consents to the exclusive forums
for resolution of any disputed regarding this Agreement, or any claims
for loss
or damages arising therefrom. If any provision or any part
of this Agreement or the application
thereof is hereafter held invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby and to this and the provisions of this Agreement are declared
severable.
List any defects found on your Equipment before you depart with
it, you will be responsible for any defects not listed or damages not
listed (noted on back page of Page 2 of contract agreement..
Options:
1. Example: If renter supplies own personal trailer, pick-up for snowmobiles
at a Tacoma, WA
location must be done after reservations per contract
requirements are met by phone or fax: Must have a damage deposit per
contract and trailer must be in legal and road worthy condition after rentees inspection of trailer.
2. Delivery may be available to your area
3.Rental Fees made by check must be paid in advance to permit time for credit or bank approval.
Payment can
be mailed to: Action Rental, 1419 East 55th Street, Tacoma, Wa. 98404.
To reserve, 100% of the rental fee must be paid at time reservation is
made.
ARRIVE 30 MINUTES EARLY TO DO THE PAPERWORK SO YOU WILL HAVE YOUR FULL
TIME TO RIDE.
To rent our jet
ski's, ATVs, boat, or snowmobiles, you must be 21 years of age with a
valid drivers license and a major credit card for Verification of $500 damages
deposit.
$1500.00 damage deposit is required for renting the Boat. We need your credit card at time
of reservation to clear authorization and deposit on rental. Boating
experiance is required to rent boat
for due to the expense of damages
which can occur by the lack of such experiance.
It's all about having
fun with no regrets!
Reservation need to be made ASAP to secure the jet ski or Sled of your choice for
the desired time of use.
Make
checks payable to: Action Rentals, at lease $15 days
prior to Take Out. Prices subject to change without
notice.
For
a more detailed look at our rental rules and regulations, download
a contract.