Equipment Rental Agreement
These Terms and Conditions of Use (the “Terms”) set forth the agreement between PURGATORY RENTALS LLC, a Florida limited liability company D/B/A DANTE’S BEACH RENTALS (“Dante’s”), and
, with a beach address of ("Customer"). The terms “we”, “us”, and “our” refer to Dante’s. The terms “you” and “your” refer to you as a Customer.
We want each customer to have a safe, pleasurable experience, so we have established the following terms and conditions so that we (and you) know what to expect from each other. Please read these terms and conditions carefully before using the Equipment (as defined herein). By using the Equipment, you are agreeing to these Terms. If you do not agree to all of these Terms, do not use the Equipment.
As stated, your use of the Equipment establishes a contractual relationship between you and Dante’s as such use constitutes your acceptance of our offer to provide you with the Equipment subject to your agreement to be bound by these Terms. If you do not agree to accept these Terms in any respect whatsoever, you may not use our Equipment. These Terms expressly supersede any and all prior agreements or arrangements between you and Dante’s.
Equipment Rental. Customer rents the Equipment (the “Equipment”) from Dante’s requested by you on the www.dantesbeachrentals.com (the “Site”)
Time Period. The Equipment will be rented for the period requested by you on the “Site” order form (the “Rental Period”).
Payment Terms. The rate for the Equipment Rental shall be as set forth in the packaged ordered by you on the Site (the “Rent”), which shall be paid up front. Additional day rental is equal to 1/2 the daily rate after a week’s rental period.
Non-cancellable; Non-Refundable. Customer agrees that these Terms shall not be subject to cancellation or termination by Customer, and all Rent amounts shall be non-refundable and without any abatement, reduction, diminution, setoff, defense or recoupment whatsoever, including any defect in the condition, design, or operation of, or lack of fitness for use of, or any damage to, or loss of, all or any part of the Equipment, the prohibition of or interference with the use or possession by Customer of all or any part of the Equipment, or by reason of riot, war, acts of hostility, storm, fire, earthquake, acts of God, global pandemics, or any other cause or event including frustration of purpose, impracticability or impossibility. Customer’s obligations to pay the Rent or otherwise under these Terms shall be and are absolute and unconditional.
Compliance. Customer shall comply with all laws, rules, regulations, and ordinances applicable to the use and operation of the Equipment.
Use. Customer will exercise due care in the use and operation of the Equipment and will not use or operate the Equipment improperly, carelessly, in violation of any applicable law, or for a purpose or in a manner contrary to that contemplated by these Terms. Customer shall not make any alterations, additions or improvements to the Equipment without Dante’s prior written consent. Further, The Equipment shall be kept at the Customer’s address as set forth above and shall not be left out overnight without supervision. Equipment should never be left on the beach unattended or overnight.
Disclaimer. Dante’s, not being the manufacturer of the Equipment nor the manufacturer’s agent, makes no express or implied warranty of any kind whatsoever with respect to the Equipment, including, but not limited to, its fitness for any particular purpose; the design or condition of the Equipment; the workmanship in the Equipment; or latent defects. Customer leases the Equipment “AS IS” and with ALL FAULTS.
Damage to or Destruction of Equipment. Customer shall be responsible for any loss of the Equipment from any cause at all, from the beginning of the Rental Period until the Equipment is returned to Dante’s; and no loss, theft, damage or destruction of the Equipment shall relieve Customer of the obligation to pay Rent or to comply with any other obligation under these Terms. If the Equipment is lost, stolen, or damaged, Customer will promptly notify Dante’s of such event. In the event of such loss or damage, Customer shall pay Dante’s the replacement value of such Equipment.
Liability; Indemnification. To the fullest extent permitted by law, Customer shall and does hereby agree to indemnify, protect, defend, and hold harmless Dante’s, and its affiliated officers, directors, attorneys, employees, representatives and agents (collectively “Indemnitees”) from and against all damages, losses, liens, causes of action, suits, judgments, expenses (including reasonable attorneys’ fees), and other claims of any nature, kind, or description (collectively “Claims”) by any person or entity, arising out of, caused by, or resulting from Customer’s performance under this Lease or in any way connected to Customer’s use of the Equipment during the Rental Period.
End of Lease Equipment Return. Upon expiration or termination of these Terms, Customer shall return the Equipment to Dante’s in the condition, repair, appearance, and working order as when delivered to Customer hereunder (unless Customer has paid Dante’s the purchase value for such Equipment in accordance with Paragraph 8 above).
Severability. If one or more provisions of these Terms, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of these Terms and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.
Non-Waiver of Defaults. Any failure of Dante’s at any time, or from time to time, to enforce or require the strict keeping and performance of any of these Terms, or to exercise a right hereunder, shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of Dante’s at any time to avail itself of same.
Attorney's Fees. If legal proceedings are instituted, the prevailing party shall be entitled to an award for all reasonable attorney's fees.
Entire Agreement. This is the entire agreement of the Parties. There are no representations or understandings relied upon except those contained herein. Any modification must be in writing and signed by both parties.
Venue; Jury Waiver. Venue for any legal action shall be in Volusia County, Florida, and the parties waive the right to a trial by jury.
RELEASE AND WAIVER. Customer, for themselves, their spouse, heirs and assigns, do hereby release and forever discharge and hold harmless Dante’s, and their officers, directors, trustees, employees, agents, insurers and representatives, successors and assigns, heirs and beneficiaries, from any and all liability claims and demands of whatever kind of nature, either in law or in equity, which arise or may hereafter arise from the use of the Equipment.
May 29, 2023
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Signed by Joseph Meadows
Signed On: April 26, 2023
If you have questions about the contents of this document, you can email the document owner.
Document Name: Equipment Rental Agreement
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