These terms of use represent the legal and contractual relationship of User ("Renter") entering into an agreement to rent a Sybian from SDN Ventures, the legal owner of SybianDateNight.com ("Equipment Owner").Assent to the terms of the the "Rental Agreement" is agree to by clicking on button presented at time of checkout.
By requesting to rent the equipment, Renter is signifying their intent to enter into an Equipment Rental Agreement with Equipment Owner. Upon Equipment Owner's receipt of the required security deposit from Renter, the compete terms of the Rental Agreement shall be transmitted upon the order's receipt. Upon execution of the Rental Agreement, at the agreed upon time and place, Renter shall receive the delivery of the following described equipment: One Sybian Machine and supplied accessories. (The "Equipment")
The term of this Rental Agreement shall commence upon Equipment Owner's delivery of the Equipment to Renter on the designated reservation date and time. The term of this Rental Agreement expiring by 2:00 pm of the following day unless the rental period has been extended by agreement of the parties.
Delivery of the Equipment shall take place at the location agreed upon by the parties. Generally, deliveries are made anytime after 2:00 pm on the agreed upon delivery date. Pickups of the Equipment shall be made anytime before 2:00 pm on the designated day of retrieval.
Renter understands that a refundable security deposit shall be required at the time the Equipment is reserved by Renter. Cash is not accepted. All payments must be made by credit or debit card via the PayPal payment portal located on site. The daily rental fee shall be deducted from the Security Deposit prior to its partial return to Renter upon retrieval of the Equipment. In the event Renter fails to return the "Equipment" to Equipment Owner at the agreed upon pick up time and location, Equipment Owner in its discretion may levy additional rental charges in the amount of $20.00 per hour beginning 60 minutes after the agreed upon expiration of the Rental Term as stated above. The additional rental charges will be levied directly out of the security deposit prior to the refund of the remainder thereof.
Once the reservation is made as per the terms stated above, cancellations of that reservation must occur at least two (2) 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 two 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.
Renter understands that the security deposit will be refunded to Renter promptly following Renter's performance of all obligations in this Rental Agreement LESS the agreed upon rental fee, if not already paid, plus any additional rental charges as levied according to the Sections above. This paragraph in no way limits Equipment Owner's ability to seek further damages or legal remedies available for the misuse, damage or failure to return the "Equipment" as specified herein.
Renter 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.
(A) Renter 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 Renter's possession. (B) In the event of loss or damage of any kind whatever to the Equipment, Renter shall, at Equipment Owner's option: (i) Replace the same with like equipment in good repair, condition and working order; or (ii) Pay to Equipment Owner the replacement cost of the Equipment.
Upon the expiration of the chosen Rental term, Renter shall return the Equipment to Equipment Owner 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 Equipment Owner at the place of the original delivery or at an alternative place agreed upon by the parties.
Renter agrees to indemnify Equipment Owner against, and hold Equipment Owner 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 Renter's voluntary use of the Equipment. Equipment Owner declares that the "Equipment" delivered when used normally will result in significant physical exertion and Renter 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 Renter therefore accepts and assumes the risk of any such usage. Equipment Owner 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 Renter fails to return the "Equipment" upon demand from Equipment Owner at the agreed upon return time at the end of the Rental Agreement, or if Renter fails to observe, keep or
perform any other provision of this Rental Agreement required to be observed, kept or performed by Renter, Equipment Owner 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 Renter.
(B) To sue for and recover all rents, and other payments, then accrued or thereafter accruing at the agreed daily rental rate per twenty-four hour period following the expiration
of the Rental Agreement term until such time as the "Equipment" is returned to Equipment Owner.
(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. Renter 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 Equipment Owner may take, Renter shall be and remain liable
for the full performance of all obligations on the part of the Renter to be performed under this Rental Agreement. All of Equipment Owner's remedies are cumulative, and may
be exercised concurrently or separately.
Renter agrees that The Equipment is, and shall at all times be and remain, the sole and exclusive property of Equipment Owner; and the Renter shall have no right, title or interest therein or thereto except as expressly set forth in this Rental Agreement for a temporary term.
Renter understands that Renter has no permanent interest in the equipment and shall not and has no authority to assign this Rental Agreement to any third party at any time.
This Rental Agreement shall be construed and enforced according to laws of the State of California.
SDN Ventures
dba SybianDateNight.com
552 E. Carson Street #104-303
Carson, CA 90745
Email: SybianDateNight@gmail.com
