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TERMS AND CONDITIONS TO RENTAL AGREEMENT
1. Purpose: This Agreement is entered into by and between Valet Fitness, LLC (hereinafter referred to as "'VALET") and the applicant whose name appears on the application at the top of the page. (hereinafter referred to as the "Client') for the purpose of establishing the terms and conditions by which Client will rent Equipment from VALET.
2. Validity: This Agreement will be valid on the date entered into by the parties and until such time as it is modified or terminated in writing by mutual agreement to the parties to the Agreement. For as long as this Agreement is valid, including any written modifications therefore, it will cover Client’s rental of any and all Equipment from VALET.
3. Equipment: The word "Equipment” includes all items that VALET may rent to Client pursuant to orders that Client may place with VALET from time to time.
4. Promises made by VALET: Subject to Client’s good credit standing and availability of Equipment, VALET agrees to rent to Client the Equipment items as ordered by Client from time to time.
5. Equipment Receipt/Return Confirmations:
5.1 Upon installation of such Equipment, Client will sign an Equipment Receipt Confirmation form, which will provide description of the Equipment, its serial number, and the monthly rental rate until such time as the Equipment is returned to VALET, or picked up by VALET, Client will be responsible for such Equipment pursuant to the terms and conditions of this agreement.
5.2 In the event that Equipment is shipped to Client via carriers such as UPS, Federal Express, or any other carrier at the sole choice of VALET, the Equipment Receipt Confirmation form shall be faxed to Client prior to shipment as well as be included in the package shipped to Client, and the carriers receipt will constitute Client’s receipt of the Equipment and terms as provided for in the Equipment Receipt Confirmation. In the event of discrepancy between the terms promised to Client at the time of order and the terms specified in the Equipment Receipt Confirmation, Client should immediately call VALET and settle all discrepancies. In any event, unless written confirmation is provided by VALET as to terms that are different than those in the Equipment Receipt Confirmation, Client will either abide by the terms specified in the Equipment Receipt Confirmation, or ship the Equipment back to VALET within 24 hours.
5.3 In the event that Client cancels the rental term prior to the expiration of ninety (90) after delivery, the Client will be subject to the following fees (“Penalties”):
5.3.1 The full payment of rental fees for ninety (90) days;
5.3.2 Equipment delivery and pick-up/removal fee (including outside of service area delivery and pick-up fees if Client is located outside of the delivery radius;
5.3.4 Installation fees;
5.3.5 Re-stocking fees; and,
5.3.6 Cleaning and equipment service fees
5.4 In the event that the Equipment is not returned to VALET by the agreed upon removal date, the Client gives VALET the right to charge the Client's credit card for an additional rental period(s) until the Equipment is returned. If the Equipment is returned before the end of the additional period, but after the initial 90-day minimum rental term and the Equipment is returned in good condition, a prorated amount will be refunded to the Client.
5.5 If Equipment is not returned within 14 days from the expiration of the rental period (including any extensions thereto as agreed to in writing by VALET and Client) , Client hereby authorizes VALET to charge to Client’s credit card on file the full retail cost of the Equipment.
6. Promises made by Client:
6.1 Client agrees to use the Equipment solely for the purpose for which it is supplied and not for any illegal or immoral purpose.
6.2 Client agrees and understands that the Client’s right to possession of the Equipment begins upon the Equipment leaving VALET and terminates upon the end of the Term as stated in this Agreement. Retention of the Equipment after the expiration of the Term constitutes a material breach of this Agreement. Unless this Agreement is renewed automatically as provided for herein, any extension of this Agreement must be agreed upon in writing. Title to the Equipment is and shall remain in VALET’s name. If the Equipment is not returned and/or levied upon for any reason whatsoever, VALET may retake the Equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Client hereby agrees to indemnify, defend and hold VALET harmless from any and all claims and costs arising from such retaking and/or levy. If Equipment is levied upon, Client shall notify VALET immediately. VALET will utilize its reasonable efforts to deliver and retrieve rental items from locations determined solely by Client; accordingly, Client assumes the sole risk and liability for any personal or property damage occurring at such locations.
6.3 Client shall not alter the Equipment in any way. Alterations shall include any attempt by Client to change, fix, improve or otherwise alter the Equipment from the condition in which the Equipment was initially delivered and installed by Valet. In the event of an issue with the Equipment performing in the manner expected, Client will not attempt to make repairs or any fixes, but Client will immediately contact Valet who will perform any maintenance, repairs or fixes necessary and/or replace the Equipment as deemed appropriate by Valet solely.
6.4 Client agrees that the Equipment provided by VALET shall only be operated by competent personnel, familiar with the operation of Such equipment
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6.5 Client understands that it is renting the Equipment on an “as is” basis. Client acknowledges that it has, or will, personally inspect the Equipment prior to its use and finds it suitable for Client’s needs. Client acknowledges receipt of all Equipment listed and that the Equipment is in good working order and repair and that Client understands (without further instruction) its proper operation and use.
6.6 Client agrees to be responsible for all damage caused to VALET’s Equipment while in use by Client or while in transit from Client or if Client attempts to move the Equipment from the location where Equipment was installed by Valet. In the event of such damage, VALET reserves the right to charge Client for the repair of the Equipment, and Client promises to promptly pay for the repair of such damages upon VALET’s demand. Client shall not, however, be responsible for damage caused from “ordinary wear and tear.” “Ordinary Wear and Tear” shall mean only the normal deterioration for the equipment caused by ordinary, reasonable and proper use of the Equipment. Damage which is not “Ordinary Wear and Tear” includes, but is not limited to: damages due to overturning, overloading or exceeding rated capacities; breakage; Damages caused by pets; Damages Caused by storage of the Equipment in a Location that exposes the Equipment to Outdoor Elements; improper use and/or abuse; lack of cleaning; dirtying Equipment with paint, mud, plaster, concrete, resin, or any other material. A cleaning charge will be made on Equipment returned unclean.
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6.7 Client agrees to review the equipment with a Valet representative at the time of installation and agrees to all damages not noted on the “Equipment Stencil” at the time of such delivery and which will be incorporated into this Agreement upon execution by Client and Valet, beyond “ordinary wear and tear.” In this regard, Client agrees to allow photographs to be taken of the Equipment as located on the Client’s premises upon completion of the Equipment delivery and set-up.
6.8 Client agrees to provide an on-site environment that meets the requirements for proper operational performance of the Equipment and does not expose the Equipment to outdoor elements.
6.9 Client shall not move the Equipment from the location at which such Equipment is installed by VALET or from the location specified in Client’s order without first notifying VALET receiving VALET's prior written approval
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7. Insurance: Client shall maintain in full force and effect during the term of this Agreement General Liability insurance against all damages of VALET's equipment that is in the possession of Client and coverage limits for bodily injury, including death, personal injury and /or property damage that will respond as primary coverage for Client’s liability and all obligations under this Agreement, naming VALET as loss payee, in an amount not less than replacement and, upon request, provide to VALET a Certificate of Insurance, naming VALET as an Additional Insured under Client’s policy. Client agrees to provide reasonable security at the site of use, to minimize the exposure of the Equipment to loss and/or damage. NOTHING IN THIS PARAGRAPH WILL RELIEVE CLIENT OF CLIENT’S RESPONSIBILITY FOR LIABILITY INSURANCE COVERAGE ON THIS EQUIPMENT.
8. Indemnity: This Indemnity is applicable to all renters, owners, guests, and any other user or individual(s) interacting with equipment provided by Valet Fitness, LLC. VALET is not responsible for any loss or injuries caused by the installation or use of the Equipment. Client agrees to hold VALET harmless and reimburse VALET for loss and to defend VALET against any claim for costs, losses or injury caused by the Equipment or its use. Client’s indemnity obligation includes any cost, expense or liability we incur, including court costs, attorney fees, interest and penalties. Client agrees to take all necessary precautions regarding the Equipment and to protect all persons and property from injury or damage. Client agrees to hold harmless VALET from and against all liability, claims, judgments, attorneys’ fees and costs, of every kind and nature, including, but not limited, to injuries or death to persons and damages to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the Equipment rented, however caused, except claims or litigation arising through the sole gross negligence or willful misconduct of VALET. THIS INDEMNITY SHALL APPLY EVEN IF THE DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF VALET.
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9. Assumption of the Risk/Release-Discharge of Liability: THIS INDEMNITY IS APPLICABLE TO ALL RENTERS, OWNERS, GUESTS, AND ANY OTHER USER OR INDIVIDUAL(S) INTERACTING WITH EQUIPMENT PROVIDED BY VALET FITNESS, LLC CLIENT IS FULLY AWARE AND ACKNOWLEDGES THAT THERE IS A RISK OF INJURY, DAMAGE, OR EVEN DEATH ARISING OUT OF THE USE OR OPERATION of the Equipment rented hereunder and hereby elects to voluntarily enter into this Agreement and assume all of the above risks of injury, damage, or death. Client agrees to ASSUME ALL RISKS and release and discharge VALET from any and all responsibility or liability from such injury, damage, or death arising out of the use or operation of the Equipment And/Or Client’s Participation in any exercise or physical activity that in any way directly or indirectly involves the Equipment; and Client further agrees to waive, release and discharge any and all claims for injury, damage, or death against VALET which Client otherwise may be entitled to assert EVEN IF SUCH RISKS ARISE OUT OF THE NEGLIGENCE OR FAULT OF VALET.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
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10. WAIVER/RELEASE OF LIABILITY By the execution of this Release, the person executing this Agreement agrees that VALET shall not be liable for any damages arising from personal injuries sustained by him/her or any minor children under that person’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by VALET. The undersigned assumes full responsibility for any such injuries or damages which may occur. The undersigned further agrees that VALET shall not be liable for any loss or theft of personal property. The person executing this Agreement specifically agrees that VALET SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY VALET, whether such negligence is present at the signing of this Release or takes place in the future.
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11. LIABILITY TO THIRD PARTIES The person executing this Agreement hereby agrees that he/she will indemnify and hold harmless VALET for all personal injuries, property damages, or any other damages to any and all third parties and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by VALET, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF VALET.
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12. FOR PURPOSES OF PARAGRAPHS 9, 10, 11, AND 12, THE TERM “VALET” INCLUDES ALL EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, LESSORS, INSURERS AND SUBSIDIARIES OF RENTAL COMPANY.
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13. Client should consult Client’s physician or other health care provider before starting any fitness program to determine if it is right for Client’s needs. Do not start a fitness program if Client’s physician or health care provider advises against it. In the event that (1) Client is or might be pregnant, or (2) Client now has, or has at any time had asthma, any heart condition, any growth condition, or any other medical condition, or (3) Client have experienced chest pains or dizziness in the last month, Client are strongly advised to not try any new exercises or exercise machines without Client’s doctor’s prior approval. Our Company is not a medical facility and is not staffed with any physicians or other medical professionals. No information contained in our company’s website or in any written form should be used to prevent, treat or diagnose any medical condition of any kind. The Company’s website and written materials offer only general health, fitness, and nutritional information and is for educational purposes only. Client should not rely on this information as a substitute for, nor should it replace professional medical advice, diagnosis, or treatment. If Client has any questions or concerns about Client’s health Client should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from Client’s health care provider. The use of any information provided by Valet is solely at Client’s own risk.
Developments in medical research may impact health, fitness, and nutritional advice. No assurance can be given that the information or materials contained in this website will be up to date or include the most recent findings or developments with respect to any particular matter or material.
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14. Any programs involving weights, intense workouts, and/or any exercise equipment or apparatus may put strong physical demands on any child who is still growing, therefore Client are advised that close supervision of any children engaging in exercises or use of any exercise equipment is obligatory. Valet is not liable for the contents of any external internet sites listed or linked on our website, or for exercises that may be submitted and published on our forum or blog.
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15. Loss or Damage: Client is responsible for the risk of loss or for any destruction of or damage to the Equipment. No such loss or damage relieves Client from the payment obligations under this Agreement. Client agrees to promptly notify VALET in writing of any loss or damage and Client will then pay to VALET the present value of the total of all unpaid payments. Any proceeds of insurance will be paid to VALET and credited against the outstanding balance of both rent and replacement cost.
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16. Payment Terms: Client agrees to pay rental charges up-front and in full if Client requests and is granted permission to extend the rental contract term, VALET will charge Client’s credit card for the additional contract term within 5 days of the extension commencement date. If Client fails to return equipment in accordance to section of this agreement at the end of the initial rental period, Client agrees to let VALET charge Client’s credit card for all rental charges incurred until the equipment is returned. Loss or damage of Equipment by Client does NOT relieve Client of the rental obligation and Client agrees to let VALET charge Client’s credit card for all rent until the Equipment is returned or replaced
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By executing this Agreement, CLIENT authorizes Valet Fitness, LLC to debit the credit card account indicated in this form for the noted amount on the schedule indicated. This payment is for the fitness equipment rented from Valet under the terms and conditions stated in this document. I understand that returns, refunds and cancellations are outlined specifically in this Agreement and I have read and understand this Agreement. I understand that this authorization will remain in effect until the schedule end date, or until I cancel it in writing, whichever comes first, and I agree to notify Valet in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment date falls on a weekend or holiday, I understand that the payment may be executed on the next business day. I certify that I am an authorized user of the credit card provided and that I will not dispute the payment with my credit card company, so long as the transaction corresponds to the terms indicated in this web form.
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17. Taxes: Client shall pay any and all taxes levied on or associated with the goods and services provided with this Agreement, including without limitation, any local, state, federal, or other government charges for sales, manufacturing, excise and like taxes.
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18. Liability for Client's Work Product
18.1 VALET expressly disclaims any liability in the event that any mechanical breakdown or failure of VALET's Equipment should result in damage, loss, delay or any other interference suffered by Client. VALET's exclusive obligation and liability to Client shall be to provide Client with the same or similar equipment. In no event shall VALET be liable for any consequential damages or loss of profit
18.2 VALET shall not be responsible for any of Client’s material remaining in VALET's hardware and/or software upon the return of the Equipment.
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19. Force Majeure: In the event that all or substantially all of VALET’s warranties, representations and/or performance of services with regard to this Agreement are materially interfered by reason of any cause or occurrence beyond the control of VALET, including without limitation, machine malfunction (except to the extent caused by intentional or grossly negligent acts of VALET, its employees or agents), fire, flood, epidemic, earthquake, explosion, accident, War, blockage, embargo, act of public enemy, civil disturbance, labor dispute (or threatened disputes), then VALET, to the best of its ability, shall give notice to Client of such event of Force Majeure, and the performance by VALETs responsibilities undertaken within this Agreement, or any additional and/or subsequent agreements that may be in force between VALET and Client, shall be postponed for a period equal to the period of existence of the event of force majeure.
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20. Cancellation Charges:
20.1 In the event that Client pre-orders equipment for delivery in the future, VALET, upon confirmation of such Order, will reserve the Equipment for Client and assure Client of its delivery.
20.2 In the event that Client cancels its order less than 72 hours prior to the shipping and/or installation of the Equipment, Client agrees to pay cancellation charges equal to 100% the rental rate.
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20.3 In the event that Client cancels its order subsequent to the shipping and/or installation of the Equipment, Client agrees to pay a cancellation fee equal to 50% of the rental charge of the entire period the Equipment was ordered for.
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20.4 In the event that Client cancels its order subsequent to shipping and before the expiration of ninety (90) days from shipping and/or installation of the Equipment, Client agrees to pay Penalties as that term is defined in paragraph 5.3 herein.
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21. Delivery: Unless Client’s site is within 20 (Twenty) miles from Company’s headquarters (“Delivery Radius”), Client agrees to pay transportation charges for delivery and/or return of Equipment. Client further agrees to pay a handling charge in the amount of $150.00 (150.00 Dollars) for all deliveries and/or shipping that are during the holidays and/or outside Of normal business hours.
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22. Right of Entry: If for any reason it becomes necessary for VALET to retake the Equipment, Client, upon execution of this Agreement, and during all times that VALET's Equipment is rented to Client, grants VALET an irrevocable right to retake the Equipment without further notice or further legal process and to entry to Client’s premises for the sole and limited purpose of VALET's reclamation of its Equipment in the event that Client defaults under this Agreement. In the event of such default, VALET shall post on Client’s premises a notice of its intent to reclaim such Equipment providing Client a 24 hour notice of said entry. Client shall have the right to fully remedy such default within the same 24-hour period, end upon such full remedy, VALET shall vacate its intention to reclaim said Equipment. VALET shall not be liable for damage or trespass arising out of the right to entry and removal of the Equipment.
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23. Assignment: This Agreement shall not be assigned by Client without the prior written consent of VALET. Client agrees not to sublet, loan or assign the Equipment. Client shall not move the Equipment from the address at which Client represented it was to be used. Upon consensual assignment, this Agreement and the rights and obligations hereunder shall be binding upon the successors and assigns of Client.
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24. Default: Should Client in any way fail to observe or complaint any provision of this Agreement, VALET may, at its sole discretion, terminate this Agreement, retake the Equipment, declare any charges due and payable, accelerate any payments not yet due, and initiate legal process to recover monies owed, and/or, pursue any other legal rights and remedies, both at law and in equity, available to VALET.
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25. Exhibits and Attachments: The forms attached hereto are fully incorporated herein; however, if there is a discrepancy between the terms of this Agreement and any terms that are in the Exhibits and Attachments, the terms of this Agreement shall govern
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26. Laws: This Agreement shall be governed by the law of the State of Colorado, applicable to Contracts entered into and wholly performed in the State of Colorado.
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27. Partial Invalidity:
27.1 Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision of the Agreement and any statue, law, ordinance, order, or regulation, the latter shall prevail, but in such event, any provision of this Agreement so affected shall be curtailed and limited to the extent necessary to bring it within the legal requirements.
27.2 In the event that any portion of these terms and conditions shall be held to be invalid or unenforceable in a court of law or equality; (i) the parties agree to negotiate in good faith an acceptable alternative provision which reflects as Closely as possible the intent of the enforceable provision; and (ii) the validity and legality of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby, and shall remain in full force and affect.
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28. No Waiver: The failure of either party to insist upon the other party’s performance of any obligations hereunder shall not be construed as a waiver of or the breach of any obligation of either party or of any subsequent breach of which obligation. The failure of either pan,' to exercise any right or remedy which it may have hereunder or under the law shall not be construed as a waiver of any other right or remedy which the party may have hereunder or under the
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29. Cumulative Remedies: Any right and remedy belonging to VALET hereunder or under the law shall be deemed cumulative and not exclusive of one another and the exercise by VALET of any such right or remedy shall not preclude VALET from exercising or enforcing any other right or remedy it may have.
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30. Attorneys’ Fees: In the event that any party bring suit in connection with this Agreement, or any other agreement that may exist between the parties to this Agreement, for the recovery of any sum due under such agreement, or because of a breach of any provision hereof or for any other relief, then all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party therein shall be paid by the other party, and this provision Shall be enforceable whether or not the action is prosecuted by Judgment.
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31. WAIVER OF JURY TRIAL: Client and VALET hereby knowingly and voluntarily waive trial by jury in any action, proceeding or counter claim, brought by one party against the other or any other matter whatsoever arising out of or in any way connected with VALET and the usage of the VALET’s equipment and/or any claim for injury or damage. The parties are hereby authorized to file a copy of this paragraph in any proceeding as conclusive evidence of the foregoing waiver.
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32. Arbitration: All disputes arising from this Agreement, or from any other agreement that exists between the parties to this Agreement, shall be referred for binding arbitration to the American Arbitration Association in Aurora, Colorado. In the event of litigation arising from this agreement, or from any other agreement between Client and Company, Client hereby agrees to litigate such disputes in Aurora, Colorado.
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33. All notices to be given hereunder delivery, (2) by addressing the notices by certified mail, postage
Notices to Valet:
Valet Fitness
6140 South Gun Club Road
Suite K6-178
Aurora, CO 80016
Phone: 720-807-8006
Notices to Client:
Address and phone number as appear in the application Part of this Agreement.
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34. COLLECTION: VALET may attempt to collect any past due balance on Client’s account through third party collection services, our attorney's office and/or civil litigation. Client hereby agrees to pay all collection and legal fees on this account in accordance with the laws of the State of Colorado if such action be necessary, as well as 1.5% per month / 18% per annum interest on any past due invoices, as well as any Non-sufficient fund charges as allowed by law in the event of a returned check.
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35. ASSIGNMENT: Client may not sell, mortgage, pawn, pledge, encumber, hock, dispose of the Equipment or move it from the address that Client has listed above without the advance written consent of Valet. If Client does, Client will have breached this Agreement, and VALET will have the immediate right to take possession of the Equipment.
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36. SECURITY INTEREST: Client hereby grants VALET a security interest in the Equipment and all replacements thereof to secure Client’s obligations under this Lease and all present and future indebtedness to VALET. The Equipment shall at all times remain VALET's Equipment. At Client’s expense, Client shall protect and defend VALET's title and interest and keep the Equipment free of all claims and liens except those created by or arising through VALET. Client hereby authorizes VALET to file such financing statements as VALET deems necessary to protect VALET's interests in the Equipment without Client’s signature, and, if such signature is needed, Client appoints VALET as Client’s attorney in-fact to sign such items in Client’s name.
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37. Miscellaneous: This Agreement contains the entire understanding between the parties and supersedes all prior understandings of the parties hereto relating to the subject matter hereof. This Agreement may not be modified, nor may any provision be waived, except by an instrument in writing, signed by both parties. Notwithstanding anything herein or elsewhere contained, this Agreement is solely for the mutual benefit of Client and VALET, no third party (whether or not referred to herein) is intended or shall be deemed to be a third-party beneficiary hereof. Paragraph headings used herein are for convenience only and shall not be used in any way to interpret the provisions of this Agreement. VALET and Client hereby accept each other's signature via facsimile and/or electronically, as binding insofar as such act.
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38. ACKNOWLEDGMENT OF INDEMNITY, WAIVER AND RELEASE By executing this Agreement Client again state that Client have had sufficient time to review this Indemnity, Waiver and Release and to ask any questions associated with said Release. Client further states that Client have carefully read the foregoing Indemnity, Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. By executing this Agreement Client understand and warrant that Client are aware that Client may rent, operate, or use equipment from another rental facility, but have chosen to rent, operate, or use equipment from VALET with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. THE PERSON EXECUTING THIS AGREEMENT 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 RENTAL COMPANY FOR RENTAL COMPANY’S NEGLIGENCE signatures relate to this agreement and any other dealings between the parties to this Agreement.