RENTAL CONTRACT AND AGREEMENT
Where the purpose of delivery of the above Property to the Renter is as follows: Personal domestic use of Property by Renter, only for the care of children in the immediate family of Renter ("Permitted Use"), for the term ("Term") of this Agreement which commences on the Delivery Date and terminates as of the date specified at payment ("Termination Date"); and Whereas, the Owner and Renter desire to establish the rights and responsibilities of each of them, with respect to the use, care and liability associated therewith of the Property. Now therefore, Renter and Owner agree as follows with respect to the delivered Property:
1. Use of Property. Renter agrees, during the Term hereof:
a. To use the Property only for the Permitted Use (unless otherwise allowed pursuant to the terms of an addendum hereto), and in full compliance with all instructions of use thereof, and adhering to all warnings of use provided.
b. To maintain the Property in as good a condition as necessary for its preservation.
c. To return the Property to Owner on or before the Termination Date, in as good a condition as upon receipt by Renter on the Delivery Date, and that the Renter shall be responsible for any damage to Property while in his or her possession, ordinary wear and tear excepted.
d. Renter agrees that full-size cribs may only be assembled and disassembled by Owner's delivery person and shall not be assembled or disassembled by the Renter, nor can they be moved or removed by Renter, Renter's family members, or any third party from the location at which they are assembled.
e. Renter understands and agrees that Owner's delivery person is not permitted to install any car seat which is a portion of the Property. Renter will be provided installation instructions on the side panel of any car seat which is a portion of the Property, and notwithstanding the provision of such instructions, the accuracy of such instructions or the proper adherence to such instructions by Renter, Renter assumes all risk of proper installation and use of any car seat provided as a part of the Property in accordance with sections 3 and 4 below.
2. Owner Agreement. Owner, in consideration of promises of the Renter, agrees to allow Renter to use of the Property, subject to the other terms and provisions of this Agreement.
3. Assumption of Risk and Indemnification. Property is used at Renter's Risk. Renter assumes all risk and liability for, and shall indemnify, and hold harmless Owner, its agents, employees, officers, shareholders, operators, directors, successors, and assigns from and against, any and all liabilities, obligations, losses, damages, injuries to or deaths of persons (whether such injury or death to persons be Renter, Renter's family members or be of third parties), property damage (such damage to property of Renter, Renter's family members or of others, and whether or not insured), claims, demands, penalties, actions, costs, and expenses, including reasonable attorney's fees, of whatsoever kind and nature, arising out of the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Renter or Owner), operation, storage, possession, selection, delivery, or return of any item of the Property (or otherwise arising), regardless of where, how, and by whom operated (and whether or not it be claimed or found that such damage claim or injury resulted in whole or in part from Owner's negligence, from the defective condition of the Property, or from any other cause whatsoever), or any failure on the part of Renter to perform or comply with any conditions of this Agreement. Renter is independent of Owner and nothing contained in this Agreement shall authorize Renter or any other person to operate any item of Property so as to incur or impose any liability or obligation for or on behalf of Owner. In addition, Renter assumes and shall bear all risks of loss to, theft or destruction of, or damage to, any of the Property hereunder.
4. Indemnification regarding acts of Renter. Owner does not assume any liability for any acts or omissions of Renter or Renter's family members, agents or assigns. The Renter hereby releases Owner and/or agrees to indemnify the Owner and hold the Owner harmless from any and all claims against the Owner of any kind or nature whatsoever, arising out of or resulting from the use handling and/or storage of the Property, or arising out of or resulting from any act or action of Renter, Renter's family members, agents and/or assigns which is interpreted (reasonably or unreasonably) by a third party as the action or act of Owner, or as one of an agent or employee of Owner, including any expenses and attorney's fees which the Owner may incur in defending any such claims.
5. Destruction of the Property. If, during the Term of this Agreement, the Property (or any portion thereof) shall be damaged, destroyed or stolen, wholly or in part, the Renter shall pay to the Owner the value of the damaged (including, without limitation, any permanent staining or soiling, visible or odor of the Property), stolen or destroyed portions of the Property (in addition to any charges paid by Renter for rental of the Property).
6. Transfer or Encumbrance of Property. Neither the Renter nor others shall have the right, and the Renter agrees that he, she, or they will not attempt, to convey the Property.
7. Return of Property. In the case of each item of the Property, upon the expiration or earlier termination of the Agreement, Renter shall return such Property forthwith to Owner by whichever of the following means Owner may specify: (i) the delivery of such Property at Renter's premises; (ii) the delivery of such Property at such other location as Owner shall designate; or (iii) the loading of such Property on board such carrier as Owner may specify and the shipping of such Property, freight paid by Renter, to such destination as Owner may designate. Prior to any such return of Property, Renter shall remove from such Property any name or other identification of Renter thereon and such Property shall be in first class condition, repair, and working order, ordinary wear and tear excepted,
8. Termination. This Agreement may be terminated by Owner at any time, without notice. At the sole discretion of Owner, Owner may terminate this Agreement with respect to only a portion of the Property, with the Agreement remaining in full force and effect with respect to any other portion of the Property to which such termination notice by Owner is not applicable. In the event of any such termination or partial termination by Owner given without notice of default by Owner to Renter, Owner shall refund a prorated amount of rent back to Renter based upon the number of days remaining in the Term as of the date that the Property is returned.
9. Continuing Obligation. The indemnities and assumptions of liabilities and obligations herein provided for (including, but not limited to those set forth in Sections 3 and 4 of this Agreement) shall continue in full force and effect notwithstanding the expiration or other termination of this Agreement, or return of the Property to Owner.
10. Waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of any provision or a waiver of the provision itself for any other provision.
11. Assignment. Except as otherwise provided within this Agreement, Renter may not transfer or assign this Agreement without prior written consent of Owner.
12. Law Governing. This Agreement shall be governed by and construed in accordance with the laws of Washington.
13. Presumption. This Agreement or any section thereof shall not be construed against any party due to the fact that said Agreement or any section thereof was drafted by said party.
14. Titles and Captions. All article, section and paragraph titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor affect the interpretation of this Agreement.
15. Entire Agreement. This Agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement.
16. Savings Clause. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.