The following agreement is a waiver / release for the temporary use of a BEMER Pro system ("Device") from the below signed Independent BEMER Distributor (IBD) and the Borrower, as follows in this waiver.
In consideration for use of the device, the Borrower agrees to pay the amount of $300 for the first week and a total of $450 for two weeks. After two weeks the equipment must all be returned for inspection and can then be renewed for additional time.
Borrower hereby agrees to following:
Borrower will inspect the device prior to taking possession of it, and shall notify loaner if the device appears to be broken, malfunctioning, or otherwise unsafe. Borrower shall not take possession of the device if the borrower believes the device to be unsafe.
Borrower acknowledges that he/she is taking possession of and will use the device "as is" and "with all faults", and that loaner (IBD) has disclaimed all warranties. There is no warranty that the device will be fit for a particular purpose. Borrower acknowledges that they assume all risks resulting from the loan and use of the device.
Borrower will store and maintain the device only at the address listed above, and shall not remove the device from the address listed above to another address without the written consent of the loaner.
Borrower will properly maintain and care for the device using the supplied surge protector at all times. Borrower will not make any modifications or repairs to the device.
Borrower will not lend the device to any other individual, or allow any other individual to use the device in any manner.
Borrower will obtain adequate liability insurance for the device, and will hold harmless and indemnify loaner from any claim of liability for any losses or damages allegedly caused by the device.
Borrower hereby releases, discharges, indemnifies, and agrees not to sue loaner or any of its officers, directors, agents employees or insurers (the "Releases") on account of any injury, loss or damage, including death and damage to property, caused or alleged to be caused by the device, whether such injury or loss was caused or alleged to be caused in whole or in part by the negligence of the Releases or otherwise.
Borrower will clean and return the device in the same condition as received, and agrees to pay for any damages or repairs up to and including the full replacement cost of the device, including shipping and tax.
Borrower agrees to return the device no later than the agreed upon date which is no later than two weeks from the initial rental date.
December 5, 2020
BORROWER HAS READ AND AGREES TO THIS AGREEMENT, WAIVER AND RELEASE.