This Rental Agreement (this “Agreement”), dated as of the date set forth on the accompanying information form or receipt provided by OnPoint, by and between OnPoint Solutions, Inc., a North Carolina corporation (“OnPoint”), and the person identified on the accompanying information form or receipt provided by OnPoint (“Renter,” and together with OnPoint, the “Parties,” and each, a “Party”).
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, including the opportunity to license OnPoint Equipment, Renter and OnPoint hereby agree as follows:
- Rental; Rental Period. OnPoint agrees to grant a license to use the firearms and accessories described on the accompanying information form or receipt provided by OnPoint (the “Equipment”), subject to Renter’s compliance with the terms and conditions of this Agreement as well all requirements of the RANGE USE, RELEASE, INDEMNIFICATION, AND LIABILITY WAIVER AGREEMENT between OnPoint and Renter, the effectiveness of which Renter reaffirms and acknowledges is a condition precedent to OnPoint entering into this Agreement or making the Equipment available for license. TheRental Period is specified on the accompanying information form or receipt provided by OnPoint, and in no event shall last longer than the close of business on the rental day. Renter shall not remove the Equipment from the OnPoint premises without prior written approval of OnPoint. The only ammunition that may be used in rental firearms are rounds purchased at OnPoint.
- License Fee. In consideration of Renter's right to possess and use the Equipment during the Rental Period, Renter shall pay the license fee at OnPoint’s posted rates (or another rate specifically agreed in writing and stipulated on the accompanying information form or receipt provided by OnPoint). Renter shall reimburse OnPoint for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. Payment of any late charge does not excuse Renter of any default under this Agreement. If Renter does not return the Equipment to OnPoint on-time Renter herebv authorizes OnPoint to charge OnPoint daily for additional rental periods until the Equipment is returned, up to 115% of the full replacement value of the Equipment (provided, however, that provided that scarce items may be charged up to 200% of replacement value). If the Equipment is not in the same condition as the condition at checkout, OnPoint hereby authorizes OnPoint to charge a fee to repair or replace the Equipment as OnPoint deems reasonable in its sole discretion.
- Limited Warranty. If the Equipment fails to operate in accordance with the manufacturer's specifications and operation instructions, OnPoint may elect to replace the Equipment with identical or Equipment of a similar or greater value, or in OnPoint’s sole discretion, refund a prorata portion of the License Fee. Such replacement shall be made as soon as practicable after Renter returns the non-conforming Equipment. The limited warranty above does not apply where the Equipment has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by OnPoint. OTHER THAN AS SET FORTH ABOVE, ONPOINT MAKES NO WARRANTY WHATSOEVER, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY AGAINST INTERFERENCE; OR (d) WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE REMEDIES SET FORTH IN THIS Section 3ARE RENTER'S SOLE AND EXCLUSIVE REMEDIES AND ONPOINT'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH HEREIN. Firearms should not be disassembled by renters. If a jam cannot be cleared quickly by simple actions, signal for help from a range safety officer.
- Title and Risk of Loss. Title to the Equipment remains with OnPoint throughout the Term, and Renter shall acquire no right, title, or interest in the Equipment. Renter shall bear all risk of loss, damage, destruction, theft, and condemnation to or of the Equipment from any cause whatsoever (“Loss”) until the Equipment has been returned to OnPoint. Renter shall notify OnPoint immediately in the case of any Loss or damage.
- Indemnification. Renter shall indemnify, defend, and hold harmless OnPoint and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, ”Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, relating to any claim of a third party or OnPoint arising out of or occurring in connection with the Equipment or Renter's negligence, willful misconduct, or breach of this Agreement. Renter shall not enter into any settlement without OnPoint's or Indemnified Party's prior written consent. This remedy is not exclusive.
- Severability; Amendments; No Third-Party Beneficiaries. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. No amendment to or modification of this Agreement is effective unless it is in writing and signed by OnPoint. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
- Choice of Law and Choice of Forum. This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to the conflict of laws provisions of such State. Any legal suit, action, or proceeding arising out of or relating to this Agreement must be instituted in the federal courts of the United States of America or the courts of the State of North Carolina, in each case located in the City of Raleigh and County of Wake, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
- Limitation of Liability. IN NO EVENT SHALL ONPOINT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ONPOINT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ONPOINT'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED $100.
- Headings. Headings in this Agreement are for convenience only and are not to be used in any interpretation of the agreement.
- Binding Agreement. This Agreement is binding against Renter, constitute an enforceable contract regardless of whether it has been contemporaneously executed by OnPoint.