Reel Play Fishing Rentals, LLC
EQUIPMENT RENTAL AGREEMENT
This Equipment Rental Agreement (this “Agreement”) is by and between Reel Play Fishing Rentals, LLC (“Owner”) and (“Renter”). Owner and Renter agree to the following terms:
Equipment. In exchange for Renter’s payment to Owner, Owner will provide Renter the agreed upon Equipment (“Equipment”) as stated on the order confirmation, subject to the terms of this Agreement:
Payment. Payment, and security deposit, are due in full at the time the reservation is made.
Security deposit. Prior to taking possession of the Equipment, Renter shall deposit with Owner a security deposit as stated on the order confirmation as security for any damages to the Equipment during Renter’s Rental Term, and assurance that Renter fully performs with all obligations under this Agreement. After the Rental Term ends, Owner will inspect the Equipment. If the Equipment is returned without any damage, and Renter fully complied with all obligations under this Agreement, Renter will receive the security deposit back in the original form of payment. Any damage inflicted on the Equipment will be automatically deducted from the security deposit, and Owner will then remit the remaining balance of the security deposit back to Renter.
Rental Term. If Renter fails to return the Equipment to Owner by the end of the Rental Term as stated on the order confirmation, Renter may be charged a Late Fee equivalent to the Equipment’s Daily Rate, for each additional day beyond the Rental Term (1-24 hours shall equal one day). If the Equipment is not returned within (48) hours after the Rental Term ends, the Equipment may be deemed “lost or stolen” and the Renter may be charged the full retail price of the Equipment, plus taxes, in addition to the Daily Rate and late charges accumulated. All violations of the Rental Term will automatically be charged against Renter’s credit card. Owner will not provide refunds on Equipment returned prior to the expiration of the Rental Term.
Cancellation Policy. Cancellations are permitted up to (24) hours in advance of the Rental Term, for a full refund. Cancellations within (24) hours of the Rental Term will not be refunded but the Renter will receive a full credit, toward a future rental with Owner. Renter will receive back the security deposit for any cancellation prior to the Rental Term.
Condition. Renter acknowledges that he/she has inspected the Equipment and acknowledges that the Equipment is free from defects and is in good working condition. Renter shall return the Equipment in the same condition as it was at the commencement of the Rental Term. Upon return of the Equipment, the Equipment will be inspected. Renter shall be liable for any damage that occurs to the Equipment during the Rental Term. The extent and existence of damage to the Equipment will be determined at the sole discretion of the Owner. If any part of Equipment is damaged, lost, or rendered unusable, Renter will be charged the full replacement price.
TERMS AND CONDITIONS
1. Renter shall not use the Equipment in any way other than the manufacturer’s intended use.
2. Renter acknowledges that even the common or ordinary use of the Equipment, doing so in and around salt water may damage the Equipment. As such, Renter agrees to ensure that all Equipment (especially fishing reels) are properly and adequately maintained and cleaned during the Rental Term. Renter shall promptly and adequately rinse all fishing reels with fresh water after every use. When rinsing fishing reels, the water pressure and water direction should be that of a gentle rinsing, enough to remove salt, dirt, and particles from any and all areas of the fishing reel, making certain not to force said salt, dirt, and particles into internal components of the fishing reel.
3. Renter shall inform Owner if any Equipment is dropped or submerged in salt water
4. While in possession of the Equipment, Renter shall be solely responsible for all loss or damage incurred to the Equipment, or that is incurred to any person or property as a result of Renter’s use, care, custody, or control of the Equipment.
5. Renter shall not assign or sublet this Agreement.
6. Renter shall indemnify, hold harmless, and defend Owner against all claims of loss, including but not limited to damages, liabilities, or other expenses, that may arise out of or relate to this Agreement or rental of the Equipment.
7. Renter acknowledges that there may be an anti-theft tracking device placed on the Equipment with the ability to track the Equipment’s location at any given time.
8. OWNER, BEING NEITHER THE MANUFACTURER, NOR A DEALER IN THE EQUIPMENT, MAKES NO EXPRESS OR IMPLIED WARRANTIES, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. OWNER FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO RENTER OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. RENTER RENTS THE EQUIPMENT “AS IS”. OWNER SHALL NOT BE LIABLE IN ANY EVENT TO RENTER OR ANY THIRD PARTY FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF EQUIPMENT OR ACCIDENTAL BREAKAGE THEREOF.
9. If Owner has reason to believe any of the Equipment is being damaged or not properly maintained during the Rental Term, Owner may demand that all Equipment be immediately returned to Owner, and Renter may forfeit the Daily Rate and security deposit.
10. This Agreement records the entire understanding between Renter and Owner with respect to the restrictions stated within and supersedes any previous or contemporaneous agreement, representation, or understanding, oral or written, by Renter and Owner regarding these terms and conditions.
11. An amendment, modification, cancellation, or termination of this Agreement will be valid and effective only if it is in writing and signed by each party to this Agreement. No failure, delay, or course of dealing by Owner in exercising any of its rights, powers, or remedies under this Agreement will operate as a waiver of any of its rights, powers, or remedies, except to the extent expressly manifested in writing by Owner. If a provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be deemed separable from the remaining provisions of this Agreement and will not affect the validity, interpretation, or effect of the other provisions of this Agreement or the application of that provision to other circumstances in which it is valid and enforceable.
12. If Renter fails to make payment in full pursuant this Agreement, comply with its indemnity obligation, or comply with any term of this Agreement, Owner shall be entitled to recover from Renter interest at the statutory rate and all costs of collection incurred by Owner, including without limitation, attorney’s fees, costs, and expenses incurred whether or not litigation is initiated.
Equipment Replacement Costs, per Combo
- Lindgren Pitman SV-1200 on Chaos custom rod $7,750.00
- Lindgren Pitman S-1200 on Chaos custom rod $6,250.00
- Hooker GENII on Shimano Tiagra50 on Chaos custom rod $5,250.00
- Tanacom1000 on Chaos custom fishing rod $1,250.00
- Tanacom1000 on Chaos custom kite rod $1,000.00
- Avet PRO EXW 50/2 on Chaos custom rod $1,400.00
- Avet PRO EXW 30/2 on Chaos custom rod $1,000.00
- Avet LX 6.0 ISP on Chaos custom rod $750.00
- Shimano Saragosa 8000SW on Chaos custom rod $750.00