MASTER RENTAL AGREEMENT
This Master Rental Agreement (“Agreement”) , dated as set forth on the attached Rental Order Form, is by and between TOASTY MOBILE SAUNAS (“ TOASTY”) and the Rented to as set forth on the Rental Order Form (“Customer”) . In consideration of hiring of the equipment described herein (the “Rental Items”), TOASTY and Customer agree as follows:
1) SCOPE OF MASTER AGREEMENT. This Agreement governs all orders between TOASTY and Customer that are documented with a Rental Order Form. Rental Order Forms will be completed for specific Rental Items on specific occasions. TOASTY and Customer agree that each Rental Order Form will be attached hereto and made a part hereof this Agreement and the terms and provisions of a Rental Order Form are incorporated into this Agreement and together provide the complete terms and conditions for that order. To the extent Customer places orders for additional Rental Items on future Rental Order Forms this Agreement, once accepted by Customer shall be deemed attached and made part of each subsequent Rental Order Form.
2) MODIFIED RENTAL ORDER CONSENT. By signing the Rental Order Form, Customer authorizes changes to be made to the Rental Order Form via telephone or electronic communication confirmation without a physical signature from Customer or TOASTY.
DELIVERY AND SET UP:
3) RECEIPT/INSPECTION. Customer hires the Rental Items on an “as is” basis. By accepting delivery or possession of the Rental Items, Customer acknowledges and agrees that Customer has:(a)Personally inspected the Rental Items and confirmed receipt of all items listed in this Agreement;(b)Found the Rental Items suitable to Customer’s needs; and (c)Found the Rental Items to be in good working order and repair. Customer shall have a representative present at delivery. If for any reason Customer fails to have a representative present at delivery, then Customer accepts the Rental Items as though Customer had inspected them and confirmed subparts (a), (b) and (c) above.
4) DELIVERY VEHICLE ACCESS. If any part of the delivery route will be on private roads or driveways, Customer shall be responsible for ensuring that there is adequate vertical and horizontal clearance from overhanging trees and structures. TOASTY provides information on its website regarding truck sizes and required clearance. Customer must inspect and measure private drives and roadways prior to the day of delivery to ensure that trucks will not be damaged in making deliveries. If Customer fails to conduct a proper inspection and TOASTY vehicles are damaged in making deliveries to Customer, Customer shall be liable to TOASTY for the resulting damage to property or vehicles unless caused solely by the negligence of TOASTY. In the event that TOASTY has to make a second trip an additional delivery charge will be assessed.
5) SITE PREPARATION. Customer shall have the site upon which the Rental Items are to be erected free and clear of all obstacles, natural and man-made, prior to the arrival of the TOASTY installation crew. Customer shall turn off all sprinkler systems prior to arrival of the Rental Items. Upon pickup, Customer shall clear all items under and around the mobile sauna prior to the arrival of the TOASTY installation crew. If Customer fails to do so, then Customer shall pay all costs resulting from any delay.
6) ELECTRIC POWER AND LIGHTING. TOASTY will provide interior sauna lighting that runs off of battery power. For market lights, or other add-ons which require, and except where Customer’s order includes generators supplied by TOASTY, Customer shall furnish TOASTY access to and the right to use Customer’s electrical and power lines for the installation and operation of the Rental Items.
7) UNDERGROUND FACILITIES. Customer acknowledges the availability of services for the identification of underground utilities such as water, gas and electric pipe and conduits (“Underground Facilities”). Where any Rental Items will involve any penetration of the ground (tent stakes, for example), Customer shall have all Underground Facilities in the vicinity of the equipment installation clearly marked with marking paint prior to the arrival of TOASTY’s installation crew. Customer will be solely responsible for any harm or damage to Underground Facilities and any consequential harm or damage to people or property unless TOASTY negligently damages a clearly marked area. Customer must contact the service providers for the Underground Facilities one week prior to equipment installation to identify the Underground Facilities.
8) WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor event. Client acknowledges that tents are temporary shade structures and not storm shelters, and though water resistant, they are not water proof. Should damage or incident result from high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond TOASTY’s control, Customer shall still be liable for payment in full of all charges.
OPERATION OF RENTAL ITEMS:
9) NO OPERATORS. Unless specifically agreed, TOASTY does not furnish, directly or indirectly, any personnel or staff to operate Rental Items.
10) CUSTOMER RESPONSIBILITY FOR OPERATION. Customer acknowledges and agrees that:(a)Customer understands the proper operation and use of Rental Items; (b)TOASTY has offered to provide, upon reasonable prior notice, additional instruction to Customer regarding the use of Rental Items; and (c)Customer is responsible for the operation and care of Rental Items at all times while the Rental Items are in Customer’s possession (d)Whenever Customer becomes aware that any Rental Item is malfunctioning or is unsafe to use for any reason, Customer shall discontinue use of the malfunctioning and/or unsafe Rental Item, remove it to a safe location, and immediately notify TOASTY of the problem.
11) PROPER OPERATION AND USE. Customer shall not allow any person to operate or use the Rental Items: (a) Who is not qualified. (b) If the Rental Item is in need of repair or is in an unsafe condition or situation. (c) For anything other than its intended purpose/function.
Customer shall not: (a)Modify, misuse, harm or abuse the Rental Items; or, (b) Make any repair to the Rental Items without TOASTY’s prior written consent. Customer shall visually inspect the Rental Items at least daily and immediately discontinue use and notify TOASTY if Rental Items are in need of repair or maintenance or are not functioning properly. TOASTY has no responsibility to inspect Rental Items while Rental Items are in Customer’s possession.
12) REPLACEMENT OF MALFUNCTIONING ITEMS. TOASTY will repair or replace Rental Items in disrepair with similar items in good working order if available, so long as the defect is the result of normal use.
13) NO COOKING ON STOVES/FIRE PITS. Customer shall not cook anything inside the sauna, or on top of a smokeless fire pit. Customer shall pay all losses or costs incurred for damage to or cleaning of stoves/fire pits due to cooking under or near tents.
14) ONLY FRESH DRINKING WATER TO BE ADDED TO SAUNA ROCKS Customer shall not place any liquids on the sauna rocks other than fresh, clean drinking water. Customer shall pay all losses or costs incurred for damage to or cleaning of sauna stove.
15) NO FOOD PERMITTED INSIDE OF THE SAUNA In order to maintain a clean and hygienic sauna for all of our guests, no food is permitted inside of the sauna. No animals are allowed inside the sauna or on the wooden deck. Customer shall pay all losses or costs incurred for damage resulting from food, animal hair, or animal damage.
CUSTOMER RESPONSIBILITY FOR RENTAL ITEMS:
16) CUSTOMER RESPONSIBILITY FOR RENTAL ITEMS. Once Customer has accepted delivery or taken possession of Rental Items, Customer shall be responsible for any lost or stolen Rental Items. In addition, Customer shall be responsible for all damage to Rental Items not caused by ordinary wear and tear. “Ordinary wear and tear” shall mean the normal deterioration of the Rental Items resulting from anticipated, reasonable and proper use. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning; overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; and contaminating Rental Items with paint, candle wax, tape, staples, wine, mold or any other material. Customer shall pay TOASTY a) the replacement cost for any Rental Items that are not returned because they are lost or stolen, and/or b) the repair costs for any damage to Rental Items unless Customer has accepted the Damage Waiver and the damages are covered under the terms of the Damage Waiver.
17) DAMAGE WAIVER. Customer has the option to accept TOASTY’s Damage Waiver by paying an additional, non-refundable fee, based on the net rental amount for all applicable Rental Items. If Customer accepts the Damage Waiver, then TOASTY waives all claims against Customer for accidental breakage or damage to Rental Items, with the exception of third party sub rental items, that occurs despite usage and handling with reasonable care. Rental Items not returned to TOASTY within seven (7) days after an event are billed the full replacement cost. The Damage Waiver is not insurance and it does not cover: (a)Rental items not returned; (b)Theft ; (c)Damage resulting from vandalism or intentional or improper misuse; (d)Damage resulting from failure to secure Rental Items during transport, overloading or exceeding the rated capacity of the Rental Items; (e)Damage to motors or other electrical appliances or devices caused by artificial current; (f)Any damage resulting from overturning; (g)Any damage resulting from use of the Rental Items in violation of any provision of this Agreement or violation of any law, ordinance or regulations;(h)Any damage due to weather; and (i)Any Damage to third party sub rental items or specialty linens.
18) RETURN. Customer shall return all Rental Items to TOASTY on or before the pickup or return date set forth in the Rental Contract. Time is of the essence and any extension of the rental period must be in writing. When Customer arranges for TOASTY to pick up the Rental Items, Customer shall store the Rental Items in a secure location pending pickup and Customer agrees to have a representative present at pickup. Customer’s responsibility for the Rental Items continues until Customer returns physical possession of the Rental Items to TOASTY. Customer shall be responsible for all travel costs incurred by TOASTY in connection with a) replacing or repairing damaged Rental Items not covered by the Damage Waiver, or b) additional pick up trips due to Customer’s failure to assemble all Rental Items for pick up. Travel costs include, but are not limited to, the hourly rates for TOASTY’s personnel and mileage at $2.50 per mile.
19) CLEANING. Special cleaning fees may be imposed on smokeless fire pits, including but not limited to cleaning and removal of coals/ash from fire pits. Saunas will be inspected prior to Customer taking possession and upon their return to our TOASTY facilities. You may request that saunas be inspected in your presence. Please place used rental towels in the receptacle provided by TOASTY . If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the cost of the linen and you may keep the linen as though it were a sale. Return all linens dry and free of food waste.
INDEMNIFICATION AND RELEASE OF LIABILITY:
21) INDEMNITY/HOLD HARMLESS. Customer assumes all liability for, and agrees to defend, indemnify, hold harmless and protect TOASTY, its owners, shareholders, agents, officers, directors, employees, successors and assigns (“TOASTY Indemnified Parties”) from and against any and all liability, claims, demands, losses, damages, injuries,penalties, suits, actions, costs and expenses, including attorney’s fees and costs, of every kind and nature, including but not limited to injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the Rental Items however caused, except claims or litigation arising solely from the gross negligence or willful misconduct of the TOASTY Indemnified Parties.
OTHER IMPORTANT TERMS AND CONDITIONS:
22) RENTAL PERIOD/RATE. A rental period is twenty(20) hours unless a different term is specified in the Rental Order Form. For Rental Items not returned prior to the Rental Order Form deadline, additional charges will apply.
11) POSSESSION/TITLE. Title to the Rental Items is and shall remain vested in TOASTY. If Customer fails to timely return physical possession of the Rental Items in accordance with this Agreement, TOASTY shall have the right to recover physical possession of the Rental Items without further notice or legal process, and to use whatever reasonable means is necessary. Customer agrees to indemnify, defend and hold harmless the TOASTY Indemnified Parties from any and all claims and costs arising out of TOASTY’s recovery of physical possession of the Rental Items.
12) INTEREST ON LATE PAYMENT. Customer shall pay a monthly finance charge of 2% on all balances which are delinquent in excess of 30 days
13) NO LIENS. Customer shall not allow the imposition of a lien upon any Rental Item.
14) DISCLAIMER OF WARRANTIES. TOASTY makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the Rental Items are fit for Customer’s particular intended use, or that Rental Items are free of latent defects. TOASTY shall not be responsible to Customer or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the Rental Items. TOASTY shall not be responsible for any defect or failure unknown to TOASTY. Customer’s sole remedy for any failure or defect in the Rental Items shall be termination of the rental charges at the time of failure provided that the Customer notifies TOASTY immediately of such failure and returns the Rental Items to TOASTY within twenty-four (24) hours of such failure.
15) COMPLIANCE WITH LAWS. Customer shall not use or allow anyone to use the Rental Items for any illegal purpose or in any illegal or unsafe manner. Customer, at Customer’s sole cost and expense, will comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the Rental Items during the rental period. Specifically, Customer shall comply with Health and Safety laws and regulations, fire safety regulations (such as those prohibiting heaters or cooking inside of tents), sound and noise ordinances and regulations, and ordinances and regulations requiring event permits. Customer shall pay all licenses, fines, fees, permits or taxes arising from the use of the Rental Items, including any which are subsequently determined to be due.
16) PURCHASE ORDERS. If Customer’s purchase order number is used on the Rental Order Form, such use is for Customer’s convenience and identification only and does not indicate a purchase.
17) SUBLETTING/LOCATION. Customer will not sublet, loan or assign the Rental Items. Customer will not move the sauna trailer from the location at which it was placed when set up by TOASTY staff. Customer will not move any other Items from the address at which Customer represented they were to be used.
18) DEFAULT. Should Customer fail to observe or comply with any provision of this Agreement, TOASTY may, at its sole option, terminate this Agreement, retake the Rental Items, declare any charges due and payable and initiate legal process to recover monies owed, and/or pursue any other legal rights and remedies available to TOASTY. Exercise of any remedy available to TOASTY shall not constitute an election of remedies or a waiver of any additional remedies to which TOASTY may be entitled.
19) LEGAL FEES. In the event of any legal action or proceedings arising out of or related to this Agreement, the prevailing party shall be entitled to recover all reasonable attorney’s fees and costs.
20) NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of TOASTY to insist upon strict performance by Customer of any provision of this Agreement shall not waive TOASTY’s right to demand compliance with all other provisions of this Agreement. The provisions of this Agreement are severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.
21) GOVERNING LAW. This Agreement shall be governed by Idaho Law and it shall be deemed entered into in Idaho. Customer and TOASTY agree to submit to personal jurisdiction in Idaho.
23) PROMOTIONAL USE. Customer remains responsible for all obligations under this Agreement even if TOASTY provides Rental Items to Customer at no cost for promotional purposes. Such obligations include but are not limited to Customer’s responsibility for missing or damaged Rental Items, delays in returning the Rental Items, and indemnification of TOASTY.
24) PAYMENTS/CANCELLATION FEES. A credit card number is required to create a reservation and hold any order unless Customer has established a charge account. A 50% deposit is required at the time of reservation. The balance is due three (3 ) days prior to the delivery date. A 50% cancellation charge will apply to any Rental Items canceled less than ten (10) days before delivery or pickup. A 100% cancellation charge will apply to items canceled less than three (3) days before delivery or pickup. No credit will be issued for mutually agreed upon custom items or event-driven purchases; these items are subject to payment in full at time of reservation for all clients and are non-refundable. No credit will be given for unused items. Unless the order has been confirmed and reserved, all prices and availability are subject to change. Returned checks are subject to a fee.