RENTAL TERMS AND CONDITIONS
THESE RENTAL TERMS AND CONDITIONS (these “Terms”), are a binding legal agreement by and between you (hereinafter “Renter”) and the users of the RNTR.COM marketplace (the “Marketplace”) who publish, offer, or list Equipment (as defined below) for rent on the Marketplace (hereinafter “Owner”) (each a “Party” and collectively the “Parties”).
In consideration of the mutual promise of the Parties, and for good and valuable consideration, Owner agrees to rent and lease the Equipment to Renter, and Renter agrees to rent and lease the Equipment from Owner, through the Marketplace on the following terms and conditions:
1. Equipment. Owner agrees to lease those items Owner has listed on the Marketplace (the “Listing”) and which were selected by the Renter (the “Equipment”), and Renter agrees to lease the Equipment from Owner.
2. Delivery. The delivery and/or pickup location are as set forth in the Owner’s Listing on the Marketplace.
3. Payment. Renter shall pay to Owner the fees set forth in the Owner’s Listing (the “Rental Fee”) which is payable, in full, through the RNTR mobile application. Renter shall not be entitled to any refund whatsoever if weather conditions prohibit safe use of the Equipment, or if Renter otherwise elects not to use the Equipment due to weather or other causes. RNTR shall have the right to automatically deduct its fees from the Rental Fee.
4. Damage Deposit. Owner may require an additional damage deposit in its sole discretion, as set forth in the Owner’s Listing.
5. Term. The Renter shall be entitled to possess and use the Equipment for the period selected through the Marketplace (the “Term”) and consistent with the Owner’s Listing. If Renter does not return the Equipment to Owner by the end of the Term, Owner may charge and Renter shall pay to Owner a late fee, as set forth in the Owner’s Listing.
6. Ownership. The Parties intend that these Terms shall constitute a lease under applicable law. Owner has title to the Equipment at all times. Renter acquires no ownership, title, property, right, equity, or interest in the Equipment other than its leasehold interest solely as Renter subject to all these Terms.
7. Use of Equipment. Renter shall use the Equipment for the purpose for which it was designed and/or intended and not for any other purpose. Renter shall use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations regarding the Equipment and with any applicable law regarding the Equipment. Renter shall not modify, alter, repair, or attach anything to the Equipment. Renter shall keep the Equipment in good repair, appearance, and condition, normal and reasonable wear and tear excepted. Renter represents and warrants that Renter has sufficient knowledge and experience to use or otherwise operate the equipment consistent with these Terms.
8. Exclusion of Warranties. Renter leases the Equipment from Owner “AS-IS.” Owner makes no warranty whatsoever, including without limitation any (a) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY AGAINST INTERFERENCE; OR (D) WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. RENTER AGREES RENTER HAS SELECTED THE EQUIPMENT BASED UPON RENTER’S OWN JUDGMENT AND NOT IN RELIANCE ON ANY CLAIMS OR REPRESENTATIONS MADE BY OWNER.
9. Disclaimer. In no event will Owner be liable (including, without limitation, under any tort theory) for any special, indirect, incidental, or consequential damages arising out of or in connection with the Lease or the use, performance, or maintenance of the Equipment, even if Owner had knowledge of such potential losses. Renter will be responsible for risk of loss, theft, damage, or destruction to the Equipment while the Equipment is in Renter’s possession. Renter acknowledges and agrees that Owner is not responsible for any injury occurring to Renter or any guests of Renter or to any other persons using the Equipment, or to any claims by any other person(s) injured by or on account of the Equipment while the Equipment is in Renter’s possession. Renter will take all necessary precautions regarding the Equipment rented and protect all persons and property from injury or damage. Renter acknowledges and agrees that Renter is in charge of the operation, installation, and use of the Equipment, and is fully responsible for its safe operation as well as the return of the Equipment in good working order.
10. Liability Waiver. RENTER ACKNOWLEDGES AND AGREES THAT RENTER IS AWARE AND UNDERSTAND THAT THE USE OR OPERATION OF THE EQUIPMENT IS POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. RENTER HEREBY ACKNOWLEDGES THAT ANY INJURIES THAT RENTER SUSTAINS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF OWNER, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, RENTER ACKNOWLEDGES THAT RENTER IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, ARISING FROM RENTER’S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF OWNER OR OTHERWISE. Renter hereby expressly waives and releases any and all claims, now known or hereafter known, against the Owner, and its officers, directors, manager(s), employees, agents, representatives, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to Renter’s use, operation, storage, or possession of the Equipment to the fullest extent allowed under applicable law. Renter covenants not to make or bring any such claim against the Owner or any other Releasee, and forever releases and discharges the Owner and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, wilful misconduct, or any other liabilities that Minnesota law does not permit to be released by agreement.
11. Termination. Owner may terminate any rental arrangement governed by these Terms immediately if Renter is in breach of these Terms.
12. Remedies. On the occurrence of default by Renter, Owner will be entitled to (i) apply the deposit toward any amount owing to Owner; (ii) commence legal proceedings to recover the rent and other obligations accrued before and after default; (iii) take possession of the Equipment, without demand or notice; (iv) terminate any rental arrangement immediately; and/or (v) pursue any other remedy available in law or equity.
13.Indemnification. Renter shall defend, indemnify, and hold harmless the Owner and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including without limitation reasonable attorney fees, the costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, incurred by the Owner or any other Releasees, arising out of or resulting from Renter’s use, operation, or storage of the Equipment, including without limitation any claim of a third party related to the use, operations, or storage of the Equipment, while in Renter’s possession, or for any other breach of these Terms by Renter. This indemnification will survive the completion and/or termination of any rental arrangement governed by these Terms.
14.Assignment. These Terms shall be binding upon the Parties hereto and their respective successors and permitted assigns. Either Party hereto may assign any rental arrangement governed by these Terms with the written consent of the other Party.
15. Waiver. The waiver by any Party of any breach of these Terms shall not operate or be construed to be a waiver of any subsequent breach.
16. Applicable Law. These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota.
17. Entire Agreement. These Terms supersedes any prior agreement and contains the entire agreement of the Parties or their predecessors-in-interest with respect to the subject matter hereof.