DISCLAIMER
This Equipment Rental Agreement, is effective as of the time of the reservation (“Effective Date”), is made and entered into by between you (hereinafter the “Renter”) and Hudson’s Wheelchair Rentals (hereinafter referred to as “HWR”).
EXPRESS ASSUMPTION OF RISK
Renter hereby agrees that he/she is renting, operating or using the equipment provided by HWR at his/her own risk. Renter agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of HWR.
WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the Renter agrees that HWR shall not be liable for any damages arising from personal injuries sustained by Renter or anyone under the Renter’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by HWR. The Renter assumes full responsibility for any such injuries or damages which may occur, and further agrees that HWR shall not be liable for any loss or theft of personal property. The Renter specifically agrees that HWR shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY HWR whether such negligence is present at time of rental, before or after.
LIABILITY TO THIRD PARTIES
The Renter hereby agrees that he/she will indemnify and hold harmless HWR for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators of other equipment under the Renter’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by HWR, even if such damages arise out of the negligence or fault of HWR.
DAMAGES & LATE RETURNS
HWR may keep the Renter’s credit card on file to cover any late return charges, excessive equipment damages or equipment loss. In addition, it may be required for you to put down a refundable security deposit at the time of equipment delivery or pickup as an additional security. The Renter’s credit card shall not be charged if the equipment is not damaged, lost or returned earlier than the agreed date by the Renter. In the event the Provider charges a security deposit, they are bound to return the security deposit immediately upon return of the rental goods as per the rental agreement HWR has signed with Renter. HWR will inform the Renter of any additional charges prior to charging the Renter’s credit card.
ACKNOWLEDGMENT OF WAIVER AND RELEASE
Renter states that he/she has had sufficient time to review this Waiver and Release agreement and to ask any questions associated with said Release. Renter further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has electronically agreed to this Release by reserving the item(s) via the HWR website, as his/her own free act. Renter warrants that he/she is aware that he/she may rent, operate, or use the equipment from another rental facility, but has chosen to rent, operate, or use equipment from HWR with the knowledge that rental from HWR enacts this agreement, which is a requirement for reservation, rental, operation, and use of said equipment. Renter further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against HWR’s negligence or any other claim or dispute arising as a part of this rental transaction.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement shall remain in full force and effect to accomplish the intent and purpose of the parties. The parties agree to negotiate the severed provision to bring the same within the applicable legal requirements to the extent possible.
DISPUTES
If a dispute, controversy, or claim arises out of or relates to this Agreement, or the breach thereof, the Renter agrees to try in good faith to settle the dispute by contacting HWR directly. If a dispute arising out of or relating to this Agreement, or the breach thereof, and if the dispute cannot be solved through negotiation, or mediation, the Renter agrees to settle the dispute by arbitration.
