Rental Agreement

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Rental Agreement

Welcome to the website provided by Mile High Training, LLC (“LESSOR”). This rental agreement (“Rental Agreement”) applies to any and all rentals made by you (“LESSEE”) through this web site. 

Mile High Training strives for customer satisfaction in every transaction. However, sometimes LESSOR cannot prevent delays in shipping, mistakes in the order fulfillment process, and the unavailability of products. If any of these occur, LESSOR will work with you to achieve our goal of customer satisfaction.  However, LESSOR cannot be held legally liable for the consequences of delays, errors, or mistakes or any damages you may experience as a result. LESSOR may occasionally make minor changes in products, and if the product does not exactly match the description on the web site, LESSOR cannot be held legally liable. However, if these changes affect your satisfaction, LESSEE may return the product and cancel your order. Shipping costs cannot be refunded. If damages occur during shipment, LESSEE must document these damages immediately upon receipt by photographing damages to the package and the damages to the product, and provide this evidence to us to help us collect insurance from the shipper, and LESSOR will provide a replacement or repaired product, at our option.  LESSOR cannot be held liable for damages occurring during shipment. Delivery date cannot be guaranteed by LESSOR.  Some of the specifications on this site may be approximate, and despite our best efforts to give accurate information, LESSOR cannot guarantee that the information provided is 100 percent accurate. LESSOR shall have no responsibility or liability for such information and LESSEE assume the sole risk of any use and/or reliance thereon.

LESSOR will specify an Initial Rental Period, and pay in advance, in a lump sum. Extensions, if any, shall be paid on a monthly basis, due each month on or before the monthly anniversary of the commencement day.  Rent payments shall be due whether or not LESSEE has received any notice that such payments are due. The rental period commences upon the date Rental Property is received by LESSEE and terminates on the date Rental Property is received by LESSOR..

If Rented Property is shipped or taken outside of the Continental United States, LESSEE shall be responsible for all customs duties, freight, taxes and other related charges. LESSOR shall not be held responsible for delays or consequential losses due to customs.

LESSEE will examine the rented property within 24 hours of receipt and satisfy him/herself it is in good condition, is suitable for the LESSEE’s purpose, functions to a satisfactory standard, produces accurate readings and complies with prescribed safety standards.  LESSEE shall notify LESSOR of Rental Property damage or failure within 24 hours of receipt of equipment. LESSOR shall, in a timely manner, repair or provide replacement equipment as required.  If accepted, no defect regardless the cause or consequence shall relieve LESSEE from performance under this lease.

On expiration of the lease term or on demand by LESSOR, LESSEE, at LESSEE’s expense, shall return the equipment in good repair, ordinary wear and tear excepted, to such place or on board such carrier, packed for shipping, as LESSOR may specify.  Equipment will be returned in its original packing.  Rented Property returned COD may be refused at the option of the LESSOR.  If LESSOR provides a return shipping label, or otherwise pays for return shipping, LESSOR will deduct the cost of return shipping from the security deposit.

LESSEE shall indemnify LESSOR against, and hold LESSOR harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney fees arising out of, connected with, or resulting from the Rental Property, including, but not limited to the manufacture, selection, delivery, use, operation, or return of such property. 

Normal wear and tear and even a rare malfunction are expected. If there is a problem, LESSOR will work with the LESSEE to fix or replace the Rental Equipment. However, LESSEE will be responsible if something damages the equipment while it is in his/her possession. LESSEE assumes and shall bear the entire risk of loss, theft, destruction, or damage of or to any part of the equipment (“loss or damage”) regardless of cause, whether or not covered by insurance, and no such loss shall release LESSEE of its obligation under this agreement in the event of loss or damage during the entire term of this rental. At the sole option of LESSOR, LESSEE shall: (A) at LESSEE’s expense, repair the equipment to the satisfaction of LESSOR; or (B) at LESSEE’s expense, and to the satisfaction of LESSOR, replace the equipment with similar or like equipment in good condition and repair and of comparable value, with clear title thereto in LESSOR. LESSOR will so notify the LESSEE in writing 15 calendar days from the return of the Rented Property of the cost of the repair or replacement to put the Rented Property in proper operating condition.

This rental is for you, and you can’t sublease it or sell it. Without LESSOR’s prior written consent, LESSEE shall not (a) assign, transfer, pledge, or otherwise dispose of this lease, the equipment, or any interest therein or (b) sublet or lend the equipment or permit it to be used by anyone other than LESSEE.  LESSOR may assign this lease or grant a subsidiary interest in the equipment in whole or part without notice to LESSEE, and LESSOR’s assignee or secured party may then assign this Lease or the security agreement without notice to LESSEE.  In spite of any such assignment, LESSOR warrants that LESSEE shall enjoy use of the equipment, subject to the terms and conditions of this lease. 

At LESSEE’s own risk, LESSEE shall use or permit the use of the equipment solely at the location specified in the equipment order, and such equipment shall not be moved without LESSOR’s prior written consent.  LESSEE will inform LESSOR of any change of address or telephone number during the period of this Rental Agreement.  LESSEE, at LESSEE’s expense, shall maintain the equipment in good repair, condition, and functional order, shall not use the equipment unlawfully, and shall not alter the equipment without LESSOR’s prior written consent. LESSOR shall not be liable for loss of profit or other consequential damages resulting from the theft, destruction, or disrepair of the equipment, and there shall be no abatement of lease payments on account of any such theft, destruction, or disrepair. The Rented Property is, and shall at all times remain, property of LESSOR, and LESSEE shall have no right, title, or interest except as expressly set forth in this lease. 

LESSEE shall be in default under this lease if LESSEE shall:  1) Fail to pay any rent, the payments on any other lease or indebtedness of LESSEE to LESSOR arising independently of this lease, or other amount required in this lease within 7 days after the rent becomes due and payable;  2) Fail to perform or observe according to its terms any covenant contained in this lease, or any other instrument or document executed in connection with this lease;  3) Become insolvent (however defined), cease business as a going concern, make an assignment for the benefit of creditors, or cause a petition for receiver or in bankruptcy to be filed by or against LESSEE (including a petition for reorganization or an arrangement); or  4) Commit or fail to commit any act that results in jeopardizing the rights of LESSOR or causes LESSOR to deem itself insecure as to its rights.

If LESSEE is in default under this lease, LESSOR, with or without notice to LESSEE, shall have the right to exercise concurrently or separately, and without any election of remedies to be deemed made, the following remedies:  1) Elect that the rental payments due be accelerated and the entire amount of rental be due immediately;  2) Terminate this lease. Service of all notices under this agreement shall be sent by United States registered or certified mail addressed to the party involved at its respective address set forth above or to such other address as the parties may hereafter substitute by written notice.  If any rental installment is not paid within 7 days after its due date, LESSEE shall pay to LESSOR a service charge together with any expenses incurred in collecting the late payment. LESSEE shall also pay interest on any such late payment from the due date until payment at a rate up to the maximum rate allowed by law.  LESSOR assumes no liability and makes no representation as to the treatment of this lease agreement by any federal, state, or local taxation authority.

LESSEE understands and is aware that use of the Rented Property, athletic training, and athletic competition involves inherent and other risk of injury including death. LESSEE further understand that injuries in sport are a common and ordinary occurrence.  LESSEE freely accepts and assumes all risk of injury and death that may result while using Rented Property.  LESSEE agrees not to make claim or sue for injuries or damages related to the use of the Rented Property whether such claim or suit is based on negligence, breach of warranties, product defect, or any other legal theories. LESSEE accepts the equipment as is with no warranties, express or implied.  To the fullest extent permitted by law, LESSEE agrees that LESSOR and its owners, members, officers, directors, partners, associates, agents and employees, the manufacturers of the equipment (collectively “Released Parties”), shall not be held liable or responsible in any way for injury, death or other damages to LESSEE or his/her family, heirs, or assigns which may occur as a result of the rental and/or use of the equipment, or as a result  of product defect, or the negligence of any party, including the Released Parties, whether passive or active.  LESSEE expressly assumes all risks related in any way to the rental and/or use of the Rented Property. As written, this Rental Agreement constitutes the final, entire agreement between the LESSOR and LESSEE.  They have made no further promises of any kind to one another, nor have they reached any other understandings, either written or oral.

If any term or condition of this Rental Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this Rental Agreement shall be valid and enforceable to the fullest extent permitted by law. In this Rental Agreement unless the context otherwise requires the expressions:   (a) LESSEE shall mean and include the LESSEE and each of them and where appropriate their respective directors, shareholders, representatives, transferees and assigns. (b) LESSOR shall mean Mile High Training, LLC. (c) Rented Property shall mean all property including but not limited to equipment, packaging, containers and carrier bags, provided to the LESSEE by the LESSOR. (d) Words importing a singular number or plural number shall include plural number and singular number respectively (e) Words importing the masculine or neuter gender shall include every gender. (f) Rental Period shall mean the duration for which the LESSOR has agreed to provide the Rented Property in accordance with the terms and conditions of this Rental Agreement. 

The LESSEE agrees that this Rental Agreement shall be construed according to the laws of the State of New York. All parties agree that the venue for any dispute regarding this Rental Agreement shall be Delaware County, New York.

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