Terms and Conditions | Everstrongrentals

RENTAL AGREEMENT

Everstrong Rentals LLC

Vehicle Rental Terms and Conditions

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Lessor leases the Equipment to the Lessee, and the Lessee leases the Equipment from the Lessor on the following terms:

Definitions

1. The following definitions are used but not otherwise defined in this Agreement:

a. "Casualty Value" means the market value of the Equipment at the end of the Term or in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.

b. "Equipment" means 2018 Thor Challenger 37FH which has an approximate value of $120,000.00. and 2023 Coachmen Prism Elite 24FS has an approximate value of $130,000.00.

c. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.

Lease

2. The Lessor agrees to lease the Equipment to the Lessee, and the Lessee agrees to lease the Equipment from the Lessor in accordance with the terms set out in this agreement.

Term

3. The Agreement commences and ends on specified dates between Lessee an Lessor (the "Term").

Rent and Deposit

4. The rent for the equipment, inclusive of sales tax, will vary depending on agreed upon equipment rental and length of equipment rental. Rent will be paid prior to the Lessee taking possession of the equipment.

5. The Lessee will pay a deposit of $1250 or $2500 depending on unit (the "Deposit") before taking possession of the Equipment. The Lessor will refund the Deposit to the Lessee at the end of the term provided that the Lessee has performed all of the Lessee's obligations under this agreement and there is no damage to the unit.

Delivery of Equipment

6. The Lessee will, at the Lessee's own expense and risk, pick up and transport the Equipment from 5449 Night Swim Lane, Las Vegas, NV, 89113 unless agreed upon delivery.

Use of Equipment

7. The Lessee will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state, or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.

8. The Lessee will use the Equipment for the purpose for which it was designed and not for any other purpose.

9. Unless the Lessee obtains the prior written consent of the Lessor, the Lessee will not alter, modify, or attach anything to the Equipment unless the alteration, modification, or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

Repair and Maintenance of Equipment

10. The Lessee will, at the Lessee's own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. The Lessee will supply all parts that are necessary to keep the Equipment in such a state.

11. If the Equipment is not in good repair, appearance, and condition when it is returned to the Lessor, the Lessor may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance, and condition, normal and reasonable wear and tear excepted. The Lessor will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Lessee written notice of and invoices for the said repairs. Upon receipt of such invoices, the Lessee will immediately reimburse the Lessor for the actual expense of those repairs.

12. The Lessee may but is not obligated to, enforce any warranty that the Lessor has against the supplier or manufacturer of the Equipment. The Lessee will enforce such warranty or indemnity in its own name and at its own expense.

Warranties

13. The Equipment will be in good working order and in good condition upon delivery.

14. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.

Loss and Damage

15. To the extent permitted by law, the Lessee will be responsible for the risk of loss, theft, damage, or destruction to the Equipment from any and every cause.

16. If the Equipment is lost or damaged, the Lessee will continue paying Rent, will provide the Lessor with prompt written notice of such loss or damage, and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance, and condition.

17. In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee.

Ownership, Right to Lease, and Quiet Enjoyment

18. The Equipment is the property of the Lessor and will remain the property of the Lessor.

19. The Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.

20. The Lessor warrants that the Lessor has the right to lease the Equipment according to the terms of this Agreement.

21. The Lessor warrants that as long as no Event of Default has occurred, the Lessor will not disturb the Lessee's quiet and peaceful possession of the Equipment or the Lessee's unrestricted use of the Equipment for the purpose for which the Equipment was designed.

Surrender

22. At the end of the Term or upon earlier termination of this Agreement, the Lessee will return the Equipment at the Lessee's cost, expense, and risk to the Lessor by delivering the Equipment to 5449 Night Swim Lane, Las Vegas, NV, 89113. If the Lessee fails to return the Equipment to the Lessor at the end of the Term or any earlier termination of this Agreement, the Lessee will pay to the Lessor any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Lessee.

Insurance

23. The Lessee will, during the whole of the Term and for as long as the Lessee has possession of the Equipment, take out, maintain, and pay for insurance against loss of and damage to the Equipment for the full replacement value of the Equipment and will name the Lessor as the loss payee.

24. The Lessee will, during the whole of the Term and for as long as the Lessee has possession of the Equipment, take out, maintain, and pay for comprehensive general liability insurance against claims for bodily injury, including death, and property damage or loss arising out of the use of the Equipment. The insurance policy will have limits of at least $150,000.00.

25. The insurance will be in the joint name of the Lessor and the Lessee so that both the Lessor and the Lessee will be protected from liability and will provide primary and non-contributing coverage for the Lessor. The insurance policy will have a provision that it will not be modified or canceled unless the insurer provides the Lessor with thirty (30) days' written notice stating when such modification or cancellation will be effective.

26. Upon written demand by the Lessor, the Lessee will provide the Lessor with an original policy or certificate evidencing such insurance.

27. The Lessee appoints the Lessor as the Lessee's attorney-in-fact ("Attorney") with the power to maintain the above insurance and to secure payments arising out of any insurance policy required by this Agreement. The Attorney has the power to do all acts that are necessary or desirable to secure such payments.

28. If the Lessee fails to maintain and pay for such insurance, the Lessor may, but is not obligated to, obtain such insurance, but if the Lessor does obtain such insurance, the Lessee will pay to the Lessor the cost of such insurance upon notification from the Lessor of the amount.

Indemnity

29. The Lessee will indemnify and hold harmless the Lessor against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney's fees and costs, arising out of or related to the Lessee's use of the Equipment.

Default

30. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:

a. The Lessee fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Lessee's obligations under this Agreement.

b. The Lessee becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of the United States or another competent jurisdiction.

c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

Remedies

31. On the occurrence of an Event of Default, the Lessor will be entitled to pursue any one or more of the following remedies (the "Remedies"):

a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Lessee.

b. Apply the Deposit toward any amount owing to the Lessor.

c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.

d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Lessee waives any and all damage occasioned by such taking of possession.

e. Terminate this Agreement immediately upon written notice to the Lessee.

f. Pursue any other remedy available in law or equity.

Assignment

32. THE LESSEE WILL NOT ASSIGN THIS AGREEMENT, THE LESSEE'S INTEREST IN THIS AGREEMENT, OR THE LESSEE'S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR.

33. If the Lessee assigns this Agreement, the Lessee's interest in this Agreement or the Lessee's interest in the Equipment without the prior written consent of the Lessor, the Lessor will have recourse to the Remedies and will be entitled to all damages caused by the transfer to the extent that the damages could not reasonably be prevented by the Lessor.

34. THE LESSOR WILL NOT ASSIGN THIS AGREEMENT, THE LESSOR'S INTEREST IN THIS AGREEMENT OR THE LESSOR'S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSEE. THE LESSOR WILL NOT ASSIGN OR TRANSFER THE LESSOR'S RIGHT TO COLLECT RENT OR ANY OTHER FINANCIAL OBLIGATION OF THE LESSEE.

35. If the Lessor assigns this Agreement, the Lessor's interest in this Agreement, or the Lessor's interest in the Equipment without the prior written consent of the Lessee, the Lessee will be entitled to terminate this Agreement without penalty.

Additional Documents

36. Upon written demand by the Lessor, the Lessee will execute and deliver to the Lessor documents required by the Lessor to protect the Lessor's interest in the Equipment including, but not limited to, the documents necessary to file a UCC financing statement.

Additional Clauses

37. 100 miles per day included in rental, additional mileage will be charged at $1.50/mile.

38. 4 hours of generator use a day is included in the rental, additional generator use will be charged at $5/hour.

39. RV drop-off time is 11 AM on the date of return unless otherwise agreed upon with the owner.

Entire Agreement

40. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

Address for Notice

41. Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses: Lessor: Thomas Reinert, 5449 Night Swim Lane, Las Vegas, NV, 89113

Interpretation

42. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

43. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Nevada (the "State"), without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

44. If there is a conflict between any provision of this Agreement and the applicable legislation of the State of Nevada (the "Act"), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.

45. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.

General Terms

46. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

47. Time is of the essence in this Agreement.

48. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns, as the case may be, of each Party to this Agreement.

49. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Cancelation Policy

50. Renters are entitled to a full refund for all cancellations made at least 30 days prior to the rental start date. Renters are entitled to a 50% refund, for all cancellations made at least 14 days prior to the rental start date. Less than 14 days prior to the rental start date, the booking is non-refundable. A 24-hour cancellation grace period is given to all bookings made at least 7 days prior to the rental start date. For all bookings made within 7 days of the rental start date, a 1-hour grace period is given. If a booking is canceled during a grace period, a full refund will be granted.

Notice to Lessee

51. NOTICE TO THE LESSEE: This is a lease. You are not buying the Equipment. Any payment made to Everstrong Rentals LLC through Everstrongrentals.com the Lessee assumes agreement of this contract in its entirety.