By requesting to lease the equipment, Lessee is signifying their intent to enter into an Equipment Lease Agreement with Lessor that will be signed in written form at the designated reservation date and time. This Lease shall be deemed in effect upon Lessor’s receipt of the required security deposit from Lessee and Lessee’s execution of the Lease Agreement at the designated time of delivery of the following described equipment: One Sybian Machine and supplied accessories. (The "Equipment")
The term of this Lease shall commence upon Lessor’s delivery of the Equipment to Lessee on the designated reservation date and time. The duration of this lease expiring by noon of the following day unless the rental period has ben extended by agreement of the parties.
3. Delivery and Return.
Delivery of deliver the Equipment shall take place at a location agreed upon by the parties.
4. Security Deposit and Rental Fee.
Lessee understands that a refundable security deposit in the amount of $200.00 shall be required at the time the Equipment is reserved by Lessee. Cash is not accepted. All payments must be made by credit or debit card. The $87.50 daily rental fee shall be deducted from the Security Deposit at the time of delivery. In the event Lessee fails to return the “Equipment” to Lessor at the agreed upon pick up time and location, Lessor in its discretion may levy additional rental charges in the amount of $20.00 per hour beginning 30 minutes after the agreed upon expiration of the Lease Term as stated in Section 2 above. The additional rental charges will be levied directly out of the security deposit.
5. Cancellation Fee.
Once the reservation is made as per the terms of Section 4 above, cancellations of that reservation must occur at least four (4) hours prior to the designated delivery time by email to: SybianDateNight@gmail.com. This will avoid the significant costs that will be incurred for failed delivery attempts. Failure to cancel a reservation by email as explained above at least four hours prior to the reservation time will result in the levy of a $20.00 cancellation fee that will be deducted from the security deposit prior to its return to cardholder.
6. Return of Deposit.
Lessee understands that the security deposit will be refunded to Lessee promptly following Lessee's performance of all obligations in this Lease LESS the agreed upon rental amount plus any additional rental charges as levied according to Section 4 and Section 5 above. This paragraph in no way limits Lessor’s ability to seek further damages or legal remedies available for the misuse, damage or failure to return the “Equipment” as specified herein.
Lessee agrees to use the Equipment in a careful and usual manner at the designated use location only and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession or use of the Equipment.
8. Loss and Damage.
(A) Lessee agrees to assume and bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever upon its delivery into Lessee’s possession. (B) In the event of loss or damage of any kind whatever to the Equipment, Lessee shall, at Lessor's option: (i) Replace the same with like equipment in good repair, condition and working order; or (ii) Pay to Lessor the replacement cost of the Equipment.
Upon the expiration of the chosen Lease term, Lessee shall return the Equipment to Lessor at the designated use location in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment to Lessor at the place of the original delivery or at an alternative place agreed upon by the parties.
Lessee agrees to indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's voluntary use of the Equipment. Lessor declares that the “Equipment” delivered when used normally will result in significant physical exertion and Lessee hereby declares themselves to be without physical limitations of any kind that would result in personal injury to themselves when using the "Equipment" as intended and Lessee therefore accepts and assumes the risk of any such usage.
Lessor further declares that the Equipment must not be used by anyone who is pregnant or has heart disease or by persons with other impairment of their health. In addition, if a diaphragm or any Intrauterine device is used for contraception, the Equipment should not used in order to avoid any potential damage to such devices.
In the event Lessee fails to return the “Equipment” upon demand from Lessor at the agreed upon return time at the end of the Lease, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:
(A) To declare the entire amount of the security deposit as a penalty immediately due and payable without notice or demand to Lessee.
(B) To sue for and recover all rents, and other payments, then accrued or thereafter accruing at a rate of $80.00 per twenty-four hour period following the expiration of the lease term until such time as the “Equipment” is returned to Lessor.
(C) To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
(D) To pursue any other remedy at law or in equity. Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.
Lessee agrees that The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease for a temporary term.
Lessee understands that Lessee has no permanent interest in the equipment and shall not and has no authority to assign this Lease to any third party at any time.
14. Governing Law.
This Lease shall be construed and enforced according to laws of the State of California.
15. Company Information.
Big O Productions
340 S. Lemon Street #6519
Walnut, CA 91789