NYX Rentals Comprehensive Rental Agreement
This Rental Agreement (the “Agreement”) is entered into between NYX Services LLC, doing business as NYX Rentals (“Lessor”), and the customer (“Lessee”) identified in the associated Purchase Order.
1. Rental Items
Lessee agrees to rent the item(s) listed in the associated Purchase Order (the “Rental Items”) from Lessor.
2. Rental Period
- The rental period begins and ends on the dates and times specified in the Purchase Order.
- The minimum rental period is two (2) hours.
- Notwithstanding the actual rental period, the minimum rental fee charged will be equivalent to a full one (1) day rental, unless the Lessee has a valid promotional code that specifies otherwise.
- A “day” for rental purposes is defined as a 24-hour period starting from the time of pickup or delivery of the Rental Items.
3. Rental Fees and Payment
- Lessee agrees to pay the rental fees as listed in the Purchase Order.
- The minimum rental fee is equivalent to a one (1) day rental, regardless of the actual duration of use, unless a valid promotional code is applied at the time of booking.
- Promotional codes must be presented at the time of booking and cannot be applied retroactively.
- Payment is due in full at the time of rental unless otherwise specified.
- Accepted payment methods are listed in the Purchase Order.
- For rentals extending beyond the initial rental period, additional fees will be charged in full-day increments.
- Late returns will be charged for a full additional day, regardless of the actual time overdue.
4. Damage Deposit
- A damage deposit of $100 is required for each rental transaction.
- The deposit will be refunded upon return of the Rental Items in the same condition as when rented, less any deductions for damage, loss, or late return.
- Lessee remains liable for any damages exceeding the deposit amount.
5. Late Returns and Fees
- Any item returned after the agreed-upon return date and time will incur a late fee equivalent to one full day’s rental charge.
- This full-day late fee applies regardless of how long the item is overdue, whether it’s one hour or several hours late.
- The late fee will be charged for each day or portion of a day that the item is overdue.
- Late fees will be deducted from the damage deposit or charged separately if the deposit is insufficient.
- Unreturned items may be reported as stolen after 7 days beyond the agreed return date.
6. Lessee Responsibilities
Lessee agrees to:
- Use the Rental Items only for their intended purpose.
- Return the Rental Items in the same condition as received, normal wear and tear excepted.
- Be responsible for any loss or damage during the rental period.
- Not sublease or loan the Rental Items to any other party.
- Comply with all applicable laws and regulations while using the Rental Items.
- Notify Lessor immediately of any damage, malfunction, or loss.
7. Liability and Indemnification
- To the fullest extent permitted by Minnesota law, Lessor is not responsible for any injuries, damages, or losses caused by the use, misuse, or malfunction of the Rental Items.
- Lessee assumes all risks associated with the use of the Rental Items, including but not limited to personal injury, property damage, or death to Lessee, Lessee’s children, or any third parties.
- Lessee agrees to use the Rental Items in a safe and proper manner, following all provided instructions and safety guidelines. This includes ensuring that children do not misuse the items (e.g., climbing over the sides of wagons).
- To the extent permitted by Minnesota law, Lessee agrees to indemnify, defend, and hold Lessor harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of or connected with the use of the Rental Items.
- Lessee acknowledges that they have been instructed on the proper use of the Rental Items and understands the associated risks.
- In the event of injury or damage, Lessee agrees to report the incident to Lessor immediately.
8. Inspection and Acceptance of Rental Items
- Lessee acknowledges that they have inspected the Rental Items prior to taking possession and finds them in good working order and repair.
- Any existing damage or defects must be noted and agreed upon by both parties before the rental period begins.
- Failure to report any issues or damage before the start of the rental period may result in the Lessee being held responsible for such damage.
- If items are picked up by the Lessee, Lessee agrees to inspect the Rental Items at the time of pickup and acknowledges that they are in good working order and free from defects. Any issues must be reported before leaving the premises.
9. Maintenance and Repairs
- Lessee is responsible for routine maintenance as specified in the user manual or instructions provided with the Rental Items.
- Lessee shall not attempt to repair the Rental Items without Lessor’s express permission.
- If a malfunction occurs, Lessee must immediately stop using the Rental Items and contact Lessor for instructions.
10. Prohibited Uses
Rental Items may not be:
- Used for any illegal purpose
- Used while under the influence of alcohol or drugs
- Used in violation of any manufacturer warnings or instructions
- Altered or modified in any way
- Used by anyone other than the Lessee or persons under Lessee’s direct supervision
11. Insurance
- Lessee is encouraged to verify that their personal insurance (e.g., homeowner’s or renter’s insurance) covers the use of rental equipment.
- For high-value items, Lessor reserves the right to require proof of insurance coverage before releasing the Rental Items.
- Lessor may offer optional insurance coverage for an additional fee. Details of such coverage, if available, will be provided separately.
12. Weather and Acts of God
- Lessee assumes all risk of loss or damage due to weather conditions or other acts of nature.
- No refunds will be given for unused rental time due to inclement weather, unless otherwise agreed in writing.
13. Cancellation Policy
- Lessee may cancel their reservation up to 48 hours before the rental period begins for a full refund.
- Cancellations made within 48 hours of the rental period will incur a cancellation fee of 50% of the total rental cost.
- No refunds will be given for cancellations made after the start of the rental period.
14. Cleaning Fees
- Lessee is responsible for returning Rental Items in a clean and orderly condition.
- A cleaning fee of $50 will be charged for items returned in an unsatisfactory condition, as determined by Lessor.
15. Subleasing or Transfer of Rental Items
Lessee shall not sublease, transfer, or assign the Rental Items to any other party without the prior written consent of Lessor.
16. Security Interest
- Lessor retains a security interest in the Rental Items to secure payment of all amounts due under this Agreement.
- The security interest retained by the Lessor in the Rental Items will be released upon the return of the items in satisfactory condition and the full payment of any outstanding amounts under this Agreement.
17. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to circumstances beyond its reasonable control. Events of force majeure include, but are not limited to, natural disasters, war, terrorism, strikes, government actions, or other events beyond the reasonable control of either party.
18. Termination
Lessor may terminate this agreement if Lessee violates any terms. Upon termination, Lessee must immediately return all Rental Items.
19. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any legal actions or proceedings arising out of this Agreement shall be brought in the courts of Anoka County, Minnesota, and the parties consent to the jurisdiction of such courts.
20. Acknowledgment of Risk
Lessee acknowledges that the use of the Rental Items involves inherent risks and dangers that could result in property damage, bodily injury, or death. To the extent permitted by Minnesota law, Lessee voluntarily assumes all such risks, both known and unknown, even if arising from the negligence of others, and assumes full responsibility for participation.
21. Severability
If any provision of this Agreement is held to be unenforceable under applicable Minnesota law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
22. Entire Agreement
This Agreement, together with the associated Purchase Order, constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral.
23. Modifications
No modification of this Agreement shall be effective unless it is in writing and signed by both parties.
24. No Waiver
The failure of Lessor to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
25. Assignment
Lessee may not assign or transfer this Agreement or any rights hereunder without the prior written consent of Lessor.
26. Digital Signature and Acceptance
Lessee agrees that their electronic signature or acceptance of this Agreement via electronic communication constitutes a binding agreement, equivalent to a handwritten signature.
27. Privacy Policy
Lessee acknowledges that any personal data provided will be handled in accordance with the Lessor’s privacy policy, available at nyxrentals.com/privacy.
28. Emergency Contact Information
In the event of an emergency or malfunction of the Rental Items, Lessee should contact NYX Rentals immediately.
29. Item Inspection on Return
Upon return of the Rental Items, Lessor will inspect the items to assess their condition. Any damage or loss identified during this inspection will be documented and communicated to Lessee, with corresponding costs deducted from the damage deposit or charged separately.
30. Normal Wear and Tear
Normal wear and tear refers to the expected deterioration of the Rental Items through regular use over the rental period. This does not include damage caused by misuse, negligence, or accidents.
31. Use of Third-Party Collection Services
In the event of unpaid fees or damages, Lessor reserves the right to employ third-party collection services, and Lessee may be responsible for any additional costs incurred during the collection process.
By signing the Purchase Order or accepting the Rental Items, Lessee acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Rental Agreement.
NYX Services LLC, dba NYX Rentals
Business Email: [email protected]
Website: nyxrentals.com