Maui Travel Supplies LLC Rental Agreement & Waiver of Liability
THIS EQUIPMENT LEASE AGREEMENT (“LEASE”) is made and effective by clicking on the “I agree, submit this order” button, by and between Maui Travel Supplies LLC., (“Lessor”) and current user (“Lessee”). By clicking on the “I agree, submit this order” button, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “I agree, submit this order” button, Lessee indicates acceptance of the modified Terms and Conditions.
Renter shall hold harmless Maui Travel Supplies LLC, all of their agents, and employees from all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage or injury claimed by persons that may arise from the use, operation or driving of the mobility equipment, provided that such loss or damage was not caused by the fault or gross negligence and willful misconduct of Maui Travel Supplies LLC or its employees.
Credit and Debit Card Policies:
Credit cards will be charged in full at the time of reservation. The signature on this contract is an authorization for credit card charges for items on this contract. If the renter fails to return the equipment as agreed, Island Travel Supplies will obtain additional authorizations from the renter’s account to cover the rental charges and/or value of the equipment.
Equipment Condition and Damages:
The condition of rental equipment will be checked before delivery and after pick-up. There will be a charge of $25 for excess cleaning if the items are returned in an exceedingly dirty state. Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of Renter or others arising out of the use, operation or driving of the equipment. Renter is responsible for the equipment and will reimburse Maui Travel Supplies LLC for the full cost of replacement upon demand for any damage, loss, theft, or destruction of the mobility equipment. If Renter has purchased the Equipment Protection Plan (EPP) cost of damages will be covered. EPP is null and void if Renter is under the influence of drugs or alcohol. EPP does not cover loss or theft. The Renter understands and authorizes that Maui Travel Supplies will charge the credit card used for any repair costs or the replacement costs of the equipment. Renter assumes all costs and expenses of every kind and nature, including legal fees and disbursements arising out of and in connection with the use, operation or driving of the equipment. Renter agrees to pay all costs, expenses, and attorneys fees incurred by Maui Travel Supplies LLC in collecting sums due or in regaining possession of equipment or in enforcing or recovering any damage, losses, or claims against Renter.
Any individual executing this Agreement as Renter in a representative capacity shall be bound personally, jointly and severally, with such fiduciary, corporation or other entity as to all obligations, expressed or implied, arising hereunder. If any provisions hereof or the application of any provisions to any person or circumstance is held invalid or unenforceable, the remainder hereof and the application of such provision to other persons or circumstances shall remain valid and
Maui Travel Supplies, LLC is not responsible for delivery delays due to incomplete Delivery Address, Refusal of Delivery, Incomplete Reservation information, closed roads, traffic, or other unforeseeable events. In these cases, Maui Travel Supplies will do its diligence to inform the customer and plan for redelivery or cancellation.
Release, Indemnify, and Defend
I hereby release, waive, discharge, and hold harmless Maui Travel Supplies LLC and all employees past or present from any claims, suits, liabilities, judgments, costs and expenses for any property damage, loss or theft, personal injury or illness, death, or other loss arising from the use of Maui Travel Supplies LLC equipment.
I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. I am releasing unknown future claims
Payment for Damages
I agree to pay for any and all damages to any equipment as a result of my, my guest, my invitees, my heirs, and other individual’s willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.
I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives
I, the renter expressly agree that this release is intended to be as broad and inclusive as permitted by laws of the state of Hawaii and that this release shall be governed and interpreted in accordance with the laws of the state of Hawaii. Renter agrees that in the event that any clause or provisions of this release shall not otherwise affect the remaining provisions of this release, which shall continue to be enforceable
The condition of rental equipment will be checked before delivery and after pick-up. There will be a charge of $25 for excess cleaning if the items are returned in an exceedingly dirty state. Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of Renter or others arising out of the use, operation, or driving of the equipment.
Cancellations made prior to 72 hours of rental start date will receive a full refund. Cancellations made within 72 hours of rental start date may not. Early returns require 72-hour advance notice. Refunds may not be issued for those 72 hours. For Meet and Greet Deliveries or Pickups, a $25 charge will be incurred if the guest is more than 15 minutes late for the meeting unless rescheduled in advance.
The Renter/Client Understands that:
I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE AND HOLD HARMLESS Maui Travel Supplies L.L.C., their principals, officers, owners, employees, equipment manufacturers from any claims, damages, (including medical fees, attorney fees). Injuries (including disabilities, paralysis and death) and expenses arising out of or resulting from my voluntary attendance/participation at Maui Travel Supplies LLC.
By signing below I forfeit all rights to bring a suit against Maui Travel Supplies L.L.C. AND AFFILIATES for any reason. In return I will also make every effort to obey safety precautions as listed in writing and explained to me verbally, in efforts to keep the Maui Travel Supplies LLC experience positive, I have read, heard, and understand safety rules and understand that I will ask for clarification when needed.
I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily on behalf of myself and any minor child/children for which I am the parent, legal guardian, or otherwise responsible for.