Customer shall at all times take all necessary precautions regarding the Rental Item(s), and their use, in order to safeguard and protect all persons and property, including but not limited to Mr. Bartender, from injury or damage. Customer agrees to indemnify, defend and hold harmless Mr. Bartender from and against any and all liability, claims, judgments, attorney fees and costs of every kind and nature, in any connected with any act, omission, willful misconduct or negligent conduct, whether active or passive, on the part of Customer, his/her/its agents, employees, subcontractors, independent contractors, affiliates or otherwise, including but not limited to any loss or damage due to bodily or personal injury, including death, loss, or damage to property, incidental or consequential loss or damage, of any character or type, or in any way arising out of or related in any way to the storage, installation, repair, modification, transportation, dismantling, use and/or operation of the Rental Item(s) or related equipment.
Assumption of Risk/Release – Discharge of Liability
Customer acknowledges there is risk of bodily or personal injury, including death, or damage to property arising out of the storage, installation, dismantling, use and/or operation of the Rental Item(s). Customer hereby expressly assumes all of the foregoing risks and irrevocably waives any and all Claims against or liability of Mr. Bartender. Customer shall have sole liability for all loss and damage, regardless of whether the loss or damage is to Customer, the property of Customer, or to the person or property of someone else.
Customer shall be responsible for the loss of or damage to the Rental Item(s), from any and all cause, including but not limited to loss or damage caused in whole or in part by fire, theft, earthquake, vandalism, rain, wind, hail or other weather related events, as well as acts of God.
Compliance with Law/Use of Rental Item(s)
Customer shall not use or allow anyone to use the Rental Item(s) for any illegal purpose or in an unsafe manner. Customer shall comply at its sole cost and expense with all laws or standards which may apply to the operation or use of the Rental Item(s), including but not limited to obtaining any and all permits and/or inspection required by law. Customer further agrees to pay for all licenses, fines, fees, permits, charges or taxes arising in any way from use of the Rental Item(s) including any determined to be due after return of the Rental Item(s). If any required permit or license should be denied for any reason, Customer is still responsible for all financial and other obligations under this Agreement.
Damage to Non-Rental Item(s)
Mr. Bartender shall not be liable for any damage in any way arising from or related to: (a) the moving of any non-Rental Item(s), including but not limited to furniture, vehicles, plants, lights, or other items of property owned by or in the possession of Customer; and/or (b) the installation, storage, repair, modification, transportation, dismantling, operation or use of the Rental Item(s), including but not limited to damage to underground utilities, roofs, patios, awnings, gutters, walls, moldings, flashing, soffits, and/or painted surfaces. Customer shall locate and inform Mr. Bartender of the location of any underground utilities.
Sub-Rental/Location of Rental Item(s)
Customer agrees not to sublet, loan or assign this Agreement or the Rental Item(s) to anyone or for use at an address other than the address listed on this Agreement without obtaining the prior written consent of Mr. Bartender.
Greater or Different Use
If Customer makes greater or different use of the Rental Item(s) than agreed upon, the greater or different usage shall be subject to an additional charge. In the event of violation by Customer of any terms or conditions of this Agreement, Mr. Bartender may terminate the rental at any time and retake the Rental Item(s) without further notice.
A 20% damage deposit may be required that shall be fully refundable only if all Rental Item(s) are returned in the same condition as delivered. If there is any loss of or damage to any Rental Item(s), the damage deposit shall be used to off-set such loss of or damage, but shall not limit the liability of Customer to Mr. Bartender if it is not sufficient to fully compensate Mr. Bartender.
Disclaimer of Express or Implied Warranty & Limitations of Liability
By renting the rental item(s) Mr. Bartender makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied, or that the rental item(s) are free of latent defects. Mr. Bartender shall have no liability to customer or any third party for any incidental or consequential damage, including but not limited to loss of profit or business opportunity. To the extent Mr. Bartender has any liability to customer, that liability shall not exceed the amount of the rental fee charged. If Customer should have any claim or assertion of liability against Mr. Bartender. it shall notify Mr. Bartender within twenty-four (24) hours of such notification. Any lawsuit by Customer against Mr. Bartender shall be brought within one (1) year from the date of this Agreement, or be forever barred.