Advanced Indoor Solutions (AIS) rents to Renter signing this agreement mobility equipment subject to all the terms and conditions set forth in this Rental Agreement and Renter agrees:
1. The mobility equipment is the property of AIS and is in good condition. Renter will return the mobility equipment in the same condition as when received, at the end of the rental period for inspection and recharge of battery (if necessary), or sooner, upon the demand by AIS. AIS may repossess the mobility equipment without demand at any time if it is used in violation of the terms of this agreement.
2. Renter may cancel this order at any time; Renter will be charged a cancellation fee of 50% of the rental fee per Mobility Device. Unless the rental is cancelled within 7 days of the rental start date, when no refund will be given.
3. AIS shall not be liable or responsible for the loss of or damage to any property left, lost, damaged, stolen, stored or transported by Renter, its agents, servants, or employees, or any other person on the scooter, either before or after the return thereof AIS.
Renter assumes all risk of such loss or damage and waives all claims against AIS by reason thereof and Renter agrees to hold AIS harmless from and to defend and indemnify AIS against all claims based upon or arising out of such loss or damage.
4. Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of Renter or others arising out of the use, operation or driving of the mobility equipment.
5. Renter is responsible for the mobility equipment and will reimburse AIS for the full cost of replacement upon demand for any damage, loss, theft, or destruction of the mobility equipment. The Renter understands and authorizes that AIS will charge the credit card used for any repair costs or the replacement costs of the mobility equipment.
6. The following restrictions are cumulative and each shall apply to every use, operation or driving of the mobility equipment. Under no circumstances shall the mobility equipment be used, operated by any person: a) under the age of 18; or b) while under the influence of intoxicants or narcotics; or c) in an unsafe manner.
7. Renter shall defend, indemnify and hold harmless AIS, all of their agents, officers, servants, and employees from and against any and all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage or injury claimed by persons that may arise from the use, operation or driving of the mobility equipment, provided that such loss or damage was not caused by the fault or gross negligence and willful misconduct of AIS or its employees.
8. Renter assumes all costs and expenses of every kind and nature, including legal fees and disbursements arising out of and in connection with the use, operation or driving of the mobility equipment.
9. AIS assumes no liability or responsibility for any acts or omissions of Renter or of Renters agents, servants, or employees.
10. Renter shall require drivers to operate the scooter with reasonable care and diligence and comply with the terms of this agreement. Renter shall notify AIS immediately of any and all accidents and damage resulting from the use, operation or driving of the mobility equipment. The Renter WILL cover the handle bars of the scooter with a plastic bag or similar object to prevent rain damage to the scooter. Failier to do this may result in a malfunction to the machine.
11. Rental agrees to pay all costs, expenses, and attorneys fees incurred by AIS in collecting sums due or in regaining possession of mobility equipment or in enforcing or recovering any damage, losses or claims against Renter.
12. Renter or the driver of the mobility equipment shall in no event be deemed the agent or employee of AIS in any manner or for any purpose whatsoever.
13. Any individual executing this Agreement as Renter in a representative capacity shall be bound personally, jointly and severally, with such fiduciary, corporation or other entity as to all obligations, expressed or implied, arising hereunder.
14. If any provisions hereof or the application of any provisions to any person or circumstance is held invalid or unenforceable, the remainder hereof and the application of such provision to other persons or circumstances shall remain valid and enforceable.