Terms and Conditions of Rental

This is a Contract
The words Renter, Buyer, You and Yours means the person who signs this contract (or are obligated under its terms). We, Our and Dealer refer to Mara5 LLC., Tre Sorelle Dolce LLC., & 3Sweet Sisters Mini Golf LLC.

In consideration of the hiring of the Equipment described, without operator, by the undersigned (hereinafter referred to as the “Renter”) from the company named on reverse side (thereinafter referred to as the “Dealer”) upon the terms and conditions and for the price herein specified, it is agreed as follows:
Terms: Payment in advance. Established open accounts are due and payable net 30 days from invoice Closing date. Past due accounts bear late payment penalties at 1 .5% per month.
Rental and Term. Begins on the date & time specified as “OUT” and terminates on the date and time specified as “DUE” unless amended in writing on the reverse of this contract. Rental charges commence on delivery of equipment to renter and end upon return of equipment to dealers. Dealer may terminate Rental at any time and take possession of the equipment. Renter agrees to pay prior to delivery of Equipment to Dealers’ premises, all charges and costs for the use thereof. Renters right to use the Equipment terminates on the expiration and due dates set forth above unless extended in writing by Dealer.
Conditions of Hiring, Inspection Privilege and Wavier of Defects. Renter excepts and hires the Equipment on an “as is” basis. Renter acknowledges receipt of all the equipment in good working condition and repair and declares that the Renter fully understands its proper operation use. Renter acknowledges and declares that Renter has examined the Equipment and Renter declares that he has received all of such Equipment in a secure and operative condition. Renter agrees to return Equipment to Dealers premises upon the expiration and due date hereof in as good condition as when received by Renter, ordinary wear and tear expected. “Ordinary wear and tear” shall mean only the normal deterioration of the Equipment caused by ordinary and responsible use on a one hour use basis. Renter agrees to pay immediately all charges and costs incurred.
Equipment Becomes Unsafe or in Disrepair. Renter will immediately discontinue use of the personal property should at anytime, following the execution of this agreement or any subsequent agreement, become unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify Dealer that the Equipment is unsafe or in disrepair and until such time as Dealer has regained possession the Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the Rental Equipment or product.
Compliance With Laws. Renter acknowledges that Dealer has no control over the use of Equipment by Renter, and Renter agrees, at his sole expense to comply with all municipal, county, state and federal laws, ordinances and regulations, including Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the Equipment while it is in the possession of and use by the Renter. Renter shall not permit any person who is not legally qualified to use the Equipment.
Permitted Area of Use of Equipment. Without Dealer’s written consent, Renter shall not remove the equipment from the Skating area located at 27 South Railroad Ave. Wyoming, DE 19934 in which it is rented.
Renter’s Liability for Misuse of Equipment. Renter shall not abuse, harm or misuse the Equipment. Renter shall not permit any repairs to be made or lien to be placed upon the Equipment with out Dealer’s written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renter’s use and hiring of said Equipment, Renter agrees to accept all responsibility therefor and shall hold Dealer harmless from any claims of action arising therefrom. Renter shall furnish Dealer with a complete report of an accident involving said Equipment, including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss or destruction of any part of the Equipment, or of loss of possession thereof, or inability to return the same to Dealer on the expiration and Due date, for any reason whatsoever, Renter shall pay Dealer the actual replacement cost thereof, and in addition thereto Dealer’s loss of use of said Equipment.
Disclaimer of Warranties. DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIES AS TO THE EQUIPMENTS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter’s sole remedy for any failure of or defect in the Equipment shall be the termination of the rental charges at the time of failure, provided that the Equipment is returned to Dealer immediately after such failure. Dealer shall not be responsible for any loss, damages or injury to Renter or Renter’s property, including incidental, special or consequential damages in any way connected with the operation, use defect in or failure of the Equipment.
Use of Deposit, and Liability for Late Payment, Upon Breach by Renter. Renter acknowledges that the purpose and intent of the deposit paid by the Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each of all of the terms, convenants and agreements to be performed by Renter hereunder. Renter agrees to pay a late payment penalty at the rate of one and one half (1.5%) percent per month on all delinquent accounts.
Indemnification of Dealer by Renter. Renter expressly indemnifies and holds Dealer harmless of, from and against any and all claims, loss, cost, damages, attorney’s fees and/or liability in connection with the use of the Equipment regardless of whether a lawsuit is filed in the event a suit is instituted by Dealer to recover possession of said Equipment, or to enforce any of the terms, conditions or provisions hereof. Renter agrees to pay all costs and reasonable attorney’s fees of Dealer incurred in connection therewith.
Theft Warning. Failures to return Equipment on the expiration and due date in certain circumstances will be considered a theft, resulting in a criminal prosecution.
Taxes. Rental agrees to pay any and all taxes, license fees or permit fees arising out of the hiring and use of the Equipment. Renter agrees to pay said taxes whether said taxes appear as part of the fact of this contract or whether said taxes are later claimed by the governmental authority. In the event of a claim by any governmental authority for taxes arising out of this transaction, Renter agrees to pay to Dealer said taxes upon demand.
Title. Title to Equipment is and shall remain in Dealer. If the Equipment is levied upon for any reason whatsoever, Dealer may retake the equipment without notice or legal process and may take all action reasonably necessary to do so.
Construction. The paragraph heading used herein is for the convenience only and is not to be used in construing the meaning or intent of any of the terms or provisions of the Rental Contract.
Damage Waiver. Unless previously accepted or rejected by a separate written agreement by accepting the DAMAGE WAIVER, Renter agrees to pay an additional charge as specified on this reverse on specific items as may be posted in Dealer’s Office in return therefor. Dealer agrees to waive certain claims for loss or damage to the Equipment rented as specified below.
Terms. Payment in advance. Established open accounts are due and payable net 30 days from Invoice Closing date. Past due accounts bear late payment penalties at 1.5% per month.
In no event shall the Lessor be liable to the lessee for any down time, loss of production, delays or damages or losses of any kind (whether direct, indirect or consequential) resulting from any malfunctions, defect, inefficiency, insufficiency, inclement weather, natural disaster, other acts of God, faulty engineering or inadequate or improper service of the equipment herby leased.

DAMAGE WAIVER

If the Renter has accepted the DAMAGE WAIVER by not checking his rejection and initialing the appropriate portions of the Agreement, the Renter shall have no responsibility for physical damage to the equipment EXCEPT the following for which Renter shall be responsible.
In the case of theft or vandalism, the Renter shall be responsible for the repair cost or the replacement cost of the equipment.
Loss or damage resulting from overloading or exceeding the rated capacity of the equipment.
Loss due to mysterious disappearance or shortage disclosed on inventory.
Loss or damage caused by infidelity of Renter, his employees, or persons to whom the equipment is entrusted. Infidelity as used herein shall include but not be limited to the failure to take reasonable precautions to protect the Equipment.
Use of the equipment in violation of any of the terms of this Agreement.
Renter further agrees that Dealer shall be subrogated for any recovery rights that Renter may have damage to the equipment rented hereunder, in the form of insurance protection for such damage.

If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process any claim and Renter further agrees to assign said claim and pay any and all proceeds form such insurance to Dealer. Upon request to Dealer, Renter shall furnish name of his insurance agent, insurance company and complete information concerning insurance coverage carried Dealer’s waiver of claims against Renter as herein set forth is contingent upon Renter’s prompt making of submission to Dealer of copy of police report.

Assumption of Risk The lessee understands and acknowledges that the activity to be engaged in through my rental of ice skate(s) equipment brings with it both known and unanticipated risks to its quests, it invitees and itself. Those risks include, but are not limited to falling, slipping, crashing, and colliding and could result in injury, illness, disease, emotional distress, death and/or property damage to myself or my guest and invitees.

Liability Release The lessee voluntarily release, indemnify, hold harmless and discharge Mara5, LLC., Tre Sorelle Dolce, LLC. and 3 Sweet Sisters Mini Golf (hereafter collectively referred to as “MT3”). From any and all liability, claims, demands actions or rights of actions, whether personal to itself or to a third party which are related to, arise out of or are in any way connected with the rental of the interactive inflatable unit including those allegedly attributable to negligent or omissions. The lessee agrees to reimburse any reasonable attorney fees and costs which may be incurred by MT3 in the defense of any such liability claim, demand, action, or right of action.

In The Event That The Lessee Files A Cause of Action Against MT3. The lessee agree to do so solely in the State of Delaware, and further agrees that the substantive law of that State shall apply in that action without regard to the conflict of law rules of the state. The lessee agrees that in any portion of this agreement is found to be void or enforceable; the remaining portions shall remain in full force effect.

I have read the “Rental Agreement, Release and Assumption of Risks” Customer fully understands their responsibility for any harm to self, other person or property of Tre Sorelle Dolce is your responsibility.