Rental Equipment Agreement
THIS RENTAL AGREEMENT (this “Agreement”) is entered into by and between DiVentures Holdings, LLC, its subsidiaries, DiVentures, LLC; DiVentures Iowa, LLC; DiVentures Springfield, LLC; DiVentures Madison, LLC; DiVentures Columbia, LLC; DiVentures Atlanta, LLC; DiVentures Lexington, LLC; DiVentures Kansas City, LLC; DiVentures Lincoln, LLC; DiVentures Battle Creek, LLC; DiVentures Arizona, LLC; DiVentures Marietta, LLC; DiVentures Memphis, LLC; DiVentures Little Rock, LLC; DiVentures Virginia, LLC; and DiVentures Colorado Springs, LLC (collectively, “Diventures Subsidiaries”) and their respective facilities, staff, officers, instructors, employees, agents and assigns, (collectively, the “Diventures”) and the undersigned participant, including his/her family, heirs, successors and assigns, hereinafter “RENTOR,” for the rental of scuba and/or skin diving equipment.
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED HERETO, INCLUDING TERMS OF ASSUMPTION OF RISK, RELEASE OF DIVENTURES’ LIABILITY, AND WAIVER OF RENTOR’S RIGHT TO SUE DIVENTURES FOR RENTOR’S RENTAL/USE OF THE EQUIPMENT AND ANY INJURY, PROPERTY DAMAGE, OR DEATH RESULTING THEREFROM. THESE TERMS AND CONDITIONS ARE BINDING AND SHOULD BE READ CAREFULLY BEFORE SIGNING. This Agreement is effective as of the date of last signature below (“Effective Date”).
TERMS AND CONDITIONS
Diventures will rent to RENTOR, and RENTOR agrees to rent from Diventures, the Equipment set forth in the rental invoice which shall specify the make, model, quantity, rental fee, and security deposit (if any) (“Invoice”) incorporated into this Agreement by reference (the “Equipment”) for the time period stated above. RENTOR will use the Equipment only in the manner specified by Diventures. RENTOR’S use of the Equipment will comply with all laws, ordinances and regulations relating to the possession and use of the Equipment, including any necessary registration and/or licensing requirements (if any). RENTOR represents that it is competent, qualified, and experienced in the operation and maintenance of the Equipment, that it possesses valid proof of scuba diving certification, and has provided such certification to Diventures. RENTOR will not allow any lien, security interest, claim or encumbrance of any kind to be placed on, levied against, or recorded on the Equipment.
RENTOR hereby acknowledges receipt of the Equipment designated in the Invoice, and, if any of this Equipment is to be used for scuba diving, RENTOR represents and warrants that it is a certified scuba diver or student in a scuba diving course/program under the supervision of a certified scuba instructor.
RENTOR has witnessed the testing and functioning of the equipment at the time of rental. RENTOR acknowledges that the Equipment is in good working condition and that RENTOR has examined the Equipment to ensure that it is free from defects, including checking both the quality and quantity of air in any scuba cylinder(s) rented. RENTOR will only use attachments, accessories, and other supplies required to operate or in connection with the buoyancy compensation devices which meet the specifications of Diventures and of the manufacturer of the Equipment. Any and all alterations or adjustments to the Equipment shall be done by only properly trained individuals, and only upon the prior written consent of Diventures in Diventures sole and absolute discretion. RENTOR will not alter the Equipment without Diventures prior written consent and any such alterations or adjustments, upon pre-approval and completion by a properly trained individual, will become Diventures’ property.
Upon Diventures request, RENTOR will purchase insurance to insure the Equipment against all risk of loss or damage, including but not limited to, property, casualty and general liability insurance all of which shall be in accordance with industry standards or otherwise as reasonably required by Diventures.
During the term of this Agreement, RENTOR holds the Equipment at all times at its sole risk and all loss or damage to the Equipment from any cause whatsoever, whether or not RENTOR’S fault, is RENTOR’S sole responsibility and liability, whether or not such loss or damage is covered by insurance. RENTOR will immediately notify Diventures of any loss or damage to the Equipment. The absence of any loss or damage will not relieve RENTOR of RENTOR’S obligations under this Agreement. In the event of any loss or damage, RENTOR shall be responsible for the full replacement value of the Equipment immediately before the loss or damage occurred. Invoices from Diventures for Diventures’ costs and expenses relating to any loss or damage to the Equipment shall be due immediately upon receipt. In the event of loss or damage, RENTOR agrees to promptly exercise all rights available under RENTOR’S insurance policies and to assign any and all proceeds from such insurance to Diventures. Diventures will not be liable in any way to RENTOR for failure to repair the Equipment, or to furnish substitute Equipment for any reason whatsoever, if disabled or damaged in RENTOR’S possession.
RENTOR IS AWARE AND UNDERSTANDS THAT SKIN AND/OR SCUBA DIVING IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF INJURY, DISABILITY, PERSONAL OR REAL PROPERTY DAMAGE, AND/OR DEATH. RENTOR ACKNOWLEDGES THAT ANY INJURIES RENTOR MIGHT SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF DIVENTURES, INCLUDING ANY INJURY ARISING FROM, RELATED TO, OR IN ANY WAY ASSOCIATED WITH THE RENTAL AND/OR USE OF THE RENTAL EQUIPMENT, INCLUDING BUT NOT LIMITED TO, USE RELATED IN ANY WAY RELATED TO SKIN AND/OR SCUBA DIVING ACTIVITIES. NOTWITHSTANDING THESE RISKS, RENTOR ACKNOWLEDGES THAT RENTOR IS VOLUNTARILY RENTING EQUIPMENT FROM DIVENTURES WITH KNOWLEDGE OF THE DANGERS OF SKIN AND/OR SCUBA DIVING AND THE USE OF RENTAL EQUIPMENT AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, PERSONAL OR REAL PROPERTY DAMAGE, AND/OR DEATH ARISING FROM RENTOR’S USE OF THE RENTAL EQUIPMENT, WHETHER CAUSED BY THE NEGLIGENCE OF DIVENTURES OR OTHERWISE.
RENTOR hereby expressly waives and releases any and all claims, now known or hereafter known against Diventures, on account of any injury, disability, death, personal or real property damage, or other damages to RENTOR whether arising out of or attributable to the rental and/or use of the Equipment, or as a result of product defect, or the negligence of any party, including Diventures, whether passive or active. RENTOR covenants not to bring any such claim against Diventures, and forever releases and discharges Diventures from liability under such claims.
RENTOR expressly agrees to defend (at Diventures sole discretion), indemnify and hold harmless Diventures, against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney’s fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing insurance providers, arising out of or resulting from any claim, including third party claims, for any personal injury, disability, personal and property damage, and/or death to RENTOR or to others as a consequence of the rental and/or use of the Equipment, including any claim related to RENTOR’S own negligence or the ordinary negligence of Diventures.
NO WARRANTIES: OTHER THAN THE OBLIGATIONS EXPRESSLY SET FORTH HEREIN, DIVENTURES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT AND DIVENTURES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RENTOR EXPRESSLY ASSUMES RESPONSIBILITY FOR THE CONDITION OF THE EQUIPMENT “AS IS” ON THE EFFECTIVE DATE.
Rental Fees: The rental fees for the Equipment are as set forth in the Invoice accompanying this Agreement (“Rental Fee”). RENTOR’S breach of this Agreement, shall result in Diventures right to any one or more of the following: (i) to declare the entire Rental Fee, including any other fees as may be applicable, immediately due and payable without notice or demand; (ii) to sue for and recover the Rental Fee, and all other payments due under this Agreement; (iii) to take possession of the Equipment, without notice, demand or court order, wherever it is located; and (iv) to terminate this Agreement. In addition, RENTOR will reimburse Diventures for all collection costs, court costs, administration costs, investigation costs, attorneys’ fees and all other incidental costs, charges or expenses incurred in the collection of past due amounts or otherwise resulting or arising from RENTOR’S breach.
All rights and remedies of Diventures provided in this Agreement are cumulative and not exclusive, and the exercise by Diventures of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise.
Cleaning/Damage Fees: RENTOR shall return the Equipment rented on the date specified above in the same condition it was in before renting. The same condition shall mean RENTOR thoroughly cleans all pieces of the Equipment. RENTOR agrees to be charged $25 for any required cleaning of the Equipment by Diventures should it be brought back in an unacceptable condition. Diventures shall determine whether or not any cleaning is required in its sole and absolute discretion.
Late Fees: RENTOR understands that the Equipment rented should be brought back on the due date or late fees will apply. RENTOR will be charged the daily Rental Fee per each piece of Equipment per day that the Equipment is late.
RENTOR understands the purpose of signing this Agreement is to give up all rights to sue, and that RENTOR is agreeing to release, forever discharge, and hold harmless Diventures, its employees, owners and agents, and that this document constitutes a legally binding contract. This Agreement constitutes the sole and entire agreement of Diventures and RENTOR with respect to the Equipment detailed herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral with respect to the foregoing. This document is to be interpreted as broadly as possible, rather than narrowly construed, in the event of a legal dispute. 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 provision in any other jurisdiction. All matters arising out of or related to this Agreement shall be governed by and construed in accordance with the internal laws of the State in which the Agreement offering the Equipment is located without effect to any choice of law provision or rule, and that State shall be the exclusive jurisdiction and venue of any legal action.
I HAVE CAREFULLY READ AND UNDERSTAND THIS AGREEMENT AND THE ABOVE TERMS AND CONDITIONS IN ITS ENTIRETY. BY SIGNING THIS AGREEMENT, I EXEMPT, RELEASE, AND SHALL HOLD HARMLESS DIVENTURES, FROM ANY AND ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, DISABILITY, PERSONAL OR REAL PROPERTY DAMAGE, OR DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF DIVENTURES, WHETHER PASSIVE OR ACTIVE. I HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING THIS DOCUMENT PRIOR TO SIGNING THE SAME.
Today's date: March 29, 2023