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ParTAG's Rental Agreement Template - Guidelines

Per ParTAG’s Terms of Use, ParTAG provides a Rental Agreement Template for your use in your rental transaction between you as the Renter or Owner and the other ParTAG Member, who is party to your transaction.  You agree that you use the Rental Agreement Template at your own risk and ParTAG makes no representation or warranties that the Rental Agreement Template provided is complete, free from errors, or meets your needs or is fit for your use.  If you wish not to use the Rental Agreement Template, you may provide your own Rental Agreement for the Owner to approve outside of the ParTAG Platform, so long as it adheres to all Terms and Policies set forth by ParTAG.

 

By using the Platform or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm, such as but not limited to cases of false claims made by Owners about their Items, cancellation of rental reservations by Owners, harm you experience as a result of use of a rented Item, or damage or loss/theft of your property. You agree not to attempt to impose liability on or seek any legal remedy from ParTAG with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with Members on the Platform and Services regarding any sharing, renting, or borrowing transactions made by you. 

Rental Agreement

This Rental Agreement shall evidence the complete terms and conditions under which the parties whose names and digital approval as signatures below have agreed. 

 

A. Owner:

 

Last Name, First Name

(Company Name, if applicable)

Mailing Address

Phone number

Email address 

 

AND

 

B. Renter 

 

Last Name, First Name

(Company Name, if applicable)

Mailing Address

Phone number

Email address  

 

 

 

THE PARTIES AGREE TO THE FOLLOWING:

 

The above parties made contact with each other using the platform ParTAG, owned by the company ParTAG, Inc. ParTAG, Inc., however, is not a party to this contract, either explicitly, or implicitly, and does not provide any services directly or indirectly through this agreement. ParTAG does not verify the quality of the Owners, the Renters, or the Items for Rent. Therefore, the parties to this agreement accept that they cannot hold ParTAG liable, either directly or indirectly, to any loss, damages (direct or indirect) resulting from making or carrying out this agreement.

 

Section 1. Definitions

 

“Owner”: Owner or custodian of the Item being rented.

 

“Renter”: The Party who is renting the Item pursuant to this contract.

 

“Item”: The Item rented out as described in sections 2 and 3.

 

 

 

Section 2. Item and Residual Value

 

The Owner rents out to the Renter who accepts the following Item:

 

[List the Name, description, estimated replacement value, model year, etc.] 

 

 

 

Section 3. Condition of the Item

 

The Owner certifies that he or she is the Owner of the Item or is duly authorized to rent out the Item.  The Owner certifies that he or she has made the Renter aware of any issues pertaining to the condition of the Item.  The Item is provided “as-is” and “with all faults”.   In the event of the Item fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, the Renter agrees to immediately discontinue use, notify the Owner, and if directed to do so, return the Item back to the Owner.  The Renter’s sole remedy for any failure of or defect in or with respect to any part of the Item is termination of the accrual of rental charges at the time of failure.

 

The Renter acknowledges that he or she, upon receipt of the Item, has inspected, examined and accepted the Item, and that, as provided to the Renter, it is safe and in good operating condition and repair and otherwise in all ways acceptable to the Renter. 

 

In the event that any communications by the Owner that are provided turn out to be inaccurate, the Owner forfeits the right to invoke those clauses relating to damage that the Renter has caused to the Item rented, unless the damage in question has no direct link to the inaccuracy of the Owner’s statements.

 

 

 

Section 4. Use, Lending, Sub-letting

 

The Renter can neither lend nor sub-let the Item without the Owner’s express written authorization.

 

The Renter agrees not to use the Item for any illegal purposes or in a manner that is contrary to its intended use, or moral and social standards.The Item is authorized for temporary use only by the Renter and the Renter’s agents and employees (each of whom must be skilled, experienced, trained and authorized in its operations), at the location given as the ‘drop off’ site or ‘address’, listed in Section 5.  The Item is authorized for use only for its ordinary purpose.

 

 

 

Section 5. Duration and Location of Rental

 

This rental contract is agreed upon a length of [ el_id=’5ae77eceabbf9′] day(s).

 

This period starts on the [ el_id=’5ae77eceabc48′] at [ el_id=’5ae77eceabc90′] a.m./p.m. And ends on the [ el_id=’5ae77eceabcd6′] at [ el_id=’5ae77eceabd1c’] a.m./p.m.

 

The item shall be [Dropped off/Picked up] at:

 

[Drop off or pick up location]

 

And shall be returned in the same manner.

 

The Item shall be used at the following location for the duration of the Rental Period:

 

[Address provided in the Reservation Request, also, the drop off location]

 

 

 

Section 6. Cost for Rental

 

For this complete rental contract duration, the Renter pays the Owner a sum of 

 

[]

 

(this price includes any applicable taxes), of which has to be deducted the amount of

 

[]

 

corresponding to a commission fee.

 

The cost of rental is

 

[ el_id=’5ae77eceabd63′] per day, and [ el_id=’5ae77eceabdaa’] per week (if applicable), and [ el_id=’5ae77eceabdf2′] per month (if applicable).

 

This sum is payable upon agreeing to this contract, and must be paid, at the latest, by the beginning of the rental period.  The Renter authorizes his or her payment method to be charged this amount and agrees to be responsible for paying this amount.

 

At the end of the contract, in the event that the Item is returned late, the Owner may charge the Renter a further sum equivalent to the per day cost of renting the Item for each additional calendar day until the Item is returned.

 

The rental cost of the Item includes any applicable transport fees.

 

Unless otherwise agreed upon or discussed pursuant to Section 3, the rental cost does not include any consumable supplies (for example: ink cartridges, fuel, etc.), cleaning fees, set up fees, discounts or other charges. At the end of the contract, the Owner and the Renter may agree on additional financial charges or reductions that may apply.  The Owner shall not charge the Renter any additional fees, except those related to Section 9 for late return, damage, loss or theft, without the consent of the Renter. 

 

 

Section 7. Security Deposit

 

At the start of the rental period, the Renter agrees to pay the Owner a security deposit of

 

[ el_id=’5ae77eceabe3a’]. (Write this sum in both letters and figures.)

 

This deposit guarantee will be reimbursed in full upon return of the Item to the Owner, deductions having been made for any other charges as described in Section 6– as consented to by both the Renter and Owner– and deductions made if Section 9 applies in relation to possible damage, loss, or theft incurred.  The Renter agrees that the Owner may deduct any amount the Renter owes from the Security Deposit provided. The amount of such deposit is not a limit of the Renter’s liability or responsibility for the Items or Goods.  The Renter will not be entitled to interest on the Security Deposit.

 

 

 

Section 8. Return of the Item and Condition

 

The Renter agrees to ensure that, upon return to the Owner, the Item will be clean, free of all regulated or hazardous substances (including without limitations, substances identified as “hazardous materials” under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA) and/or any other federal, state or local laws, rules and/or regulations purporting to deal with toxic or hazardous substances), rental-ready, and otherwise is substantially the same order condition and repair as at the Time Out, “Ordinary Wear and Tear”.  You agree to pay a reasonable charge for Items returned in any other condition, pursuant to Section 9.  

Ordinary Wear and Tear: “Ordinary Wear and Tear,” meaning normal deterioration resulting from the proper and intended use of the Item in accordance with the terms of this Agreement, will not be considered damage. Damage which is not “Ordinary Wear and Tear” (and for which the Renter will be solely responsible) includes without limitation, theft, mysterious disappearance, damage due to overloading or exceeding rated capacities, nonstandard use, operation without proper supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents and intentional damage.

 

 

 

Section 9. Maintenance, Damage, Loss, and Theft

 

1. The Renter will use, maintain, and take care of the Item in a careful and responsible manner.

 

2. The Renter will be held liable for any damages he/she causes to the rented Item. “Damages” are considered changes to the appearance or functionality of the Item which cannot be described as the result of normal use, “normal wear and tear”, which might repair.  The Renter will be liable to pay the cost of potential maintenance of the aggregated damage, which for the purposes of this Agreement, will result in the Renter being charged 20% of the Replacement Value (also known as Residual Value).  If the total damage renders the rented Item unfit for use for its intended purpose, the damage to the Item will be escalated to a loss of the Item, whereby the Renter will be charged for 100% of the stated Replacement Value (also known as Residual Value) as defined in Section 2.  His/her liability will not exceed the potential residual value of the Item, as defined in Section 2, plus any Rental Fees owed to the Owner for the original rental reservation.

 

3. In the event of the Renter not returning the rented Item, he/she will be liable to pay the Owner the Replacement Value (also known as residual value) of the Item.  The Renter authorizes the Owner to charge the Renter’s payment method this amount in this event.  If the Renter defaults upon his/her obligations, the Owner is authorized to seek payment of the debt by other means.

 

4. The Renter may be held liable for other incidental costs upon return of the rented Item, which may be listed under “Manual Adjustments” of the financial statement, such as but not limited to cleaning, delivery, or set up. The Renter will have the opportunity to approve or reject any additional costs before any charges are made to the Renter’s payment method.

 

 

Section 10. Liability

 

The Renter states that he/she has, and is presumed to have, all the information and skills necessary for careful and normal use of the rented Item; it is his/her responsibility to supplement his/her knowledge if necessary.

 

Similarly, he/she states that he/she has the authorization, licenses and legal capacity to have or use the Item.

 

The Renter is the sole custodian of the Item during the Rental Contract, he/she undertakes as such to exercise effective and exclusive control of the Item.

 

The Renter is therefore the sole person responsible, apart from the Owner, for any damage that the Item could cause to the Renter or a third party.

 

The Renter expressly recognizes that he/she is the custodian of the Item rented for the full duration of the contract and, should the case arise, beyond this time, until the return of the Item to the Owner is accomplished.

 

Consequently, the Owner assumes no liability during the rental period for the Item rented, in particular regarding its incorrect, imprudent or illegal use.

 

 

 

Section 11. Jurisdictional Assignment

 

In the event of litigation, the courts local to the County to which Owner resides shall have jurisdiction and venue.

 

 

Section 12. Possession/Title

 

The Owner in this contract owns the Item or is duly authorized to rent out the Item, and title in and to all of it will remain with the Owner at all times.  The Renter is entitled to temporarily use and possess the Item for the Rental Period, subject to the terms of the Agreement. If the Renter retains any part of the Item beyond the agreed Term without the Owner’s express written consent, the Renter will be deemed to have materially breached the Agreement. 

 

 

 

 

Contract approved electronically.

 

Date: [ el_id=’5a6b9fe4cd7c4′]

 

 

 

The Renter                                                                                                             The Owner

[electronically approved el_id=’5a6b9e7a650e5′]                                          [electronically approved el_id=’5a6b9e7a6513b’]

 

 

 

 

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