The Tenth Annual - Healthcare Design Magazine

RENTAL TERMS AND CONDITIONS
You acknowledge that prior to taking the rented item(s), you examined it, saw it in operation, and are aware of its condition and that it is in good condition. Any
defects are noted on the work order. It is your responsibility to return the item(s) to Southwest Audio Visual in the same condition.
1. USE OF AND MAINTENANCE OF EQUIPMENT
You agree that you are satisfied with the instruction given by Southwest Audio Visual in the proper and safe manner of using the item(s) or that you are
familiar and told Southwest Audio Visual that you were. You further agree that the item(s) will be used only at the address designated and only for the
purpose for which the item(s) was manufactured for and intended. Subleasing or improper use is prohibited. You have read and understand all manuals,
written operating instructions, and warnings as supplied for the equipment..
2. RESPONSIBILITY FOR USE AND DISCLAIMER OF WARRANTIES
You are responsible for the use of the rented item(s). You assume all risks inherent in the operation and use of the item(s) and agree to assume the entire
responsibility for the defense of and to pay, and indemnify and hold Southwest Audio Visual harmless from, and hereby release Southwest Audio Visual
from any and all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the Item(s), whether or
not it be claimed or found that such damage or injury in whole or in part from Southwest Audio Visual negligence from the defective condition of the item(s)
or from any cause. YOU AGREE THAT NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED. Rentor’s obligation to Renter shall be limited to
the repair or substitution of equipment which when delivered was defective. Renter agrees that this shall be its sole and exclusive remedy against Rentor.
Equipment problems must be reported immediately to Rentor. Validity of all reported claims will be determined by Rentor. No adjustments will be made for
problems reported after termination of rental. Rentor shall not be liable to Renter for, and Renter should indemnify and hold Rentor harmless from, all
liability, claim, suit, or expense of any kind asserted against Rentor arising from claims of the inadequacy, operation, use, or performance of the equipment,
any interruption or loss of service, of business, or any other consequential damages, whether or not resulting from the foregoing
3. EQUIPMENT OPERATORS.
If operator is not an employee, contractor, or agent of Southwest Audio Visual, Inc., nor paid through Southwest Audio Visual, Inc., Rentor makes no
representation as to an operator’s ability and accepts no liability for an operator’s actions. Renter agrees to indemnify Rentor from any claim, suit, liability,
damages or expense which results from an operator’s actions or performance.
4. RESPONSIBILITY FOR EQUIPMENT
For the time that the item(s) is rented out to the time it is returned or picked-up, you are responsible for it. If the Item(s) is lost or stolen or damaged under
any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs to replace or repair the item(s).
5. ITEM(S) FAILURE
You agree immediately to discontinue to attempt the use of said rented item(s) should it at any time become unsafe or in a state of disrepair, and will
immediately (one hour or less) notify Southwest Audio Visual of the facts. Southwest Audio Visual, Inc. agrees in its discretion to make the item(s) operable
within a reasonable time, or provide you with a like item(s) if available, or make a like item available at another time, or adjust the rental charges. This
provision does not relieve you from your obligations imposed by other paragraphs, including consequential damage, resulting from failure or defect from
rented item(s).
6. RETURN OF ITEM(S)
The rented item(s) is Southwest Audio Visual’s property and is rented to you subject to this agreement and for rental charges and for the period of time
noted on the work order. If you desire to extend the term of this rental beyond the time and date specified on the work order, you must immediately notify
Southwest Audio Visual to obtain approval, the terms to the extension and any modifications of this agreement. If this agreement has not been extended and
you fail to return the item(s) when due in; Southwest Audio Visual, Inc., to enforce its property ownership of the item(s) and to protect the interest of this
agreement, may retake the item(s) at any time (see paragraph 8). In addition, renter acknowledges that the failure to return the rented item(s) within the
contracted time and sale or concealment of rented item(s) are prohibited, AND THAT ANY SUCH ACTION MAY CONSTITUTE IN A CRIME. Southwest
Audio Visual, in addition to any other action we may take, may notify the authorities which may result in the filing of criminal complaints, subjecting you to
prosecution.
7. ALTERATIONS OR IMPROVEMENTS
Renter shall not make any alterations or improvements to the equipment and agrees at termination and expiration of the rental agreement to return the
equipment to the Rentor in good repair, in the same condition it was at the time of delivery to the Renter. Ordinary wear and tear resulting from proper use
is excepted. If equipment is altered, modified, or damaged, Renter agrees to pay Rentor all costs and expenses incurred by Rentor to return the equipment to
its original condition, including the daily rental rate while the equipment is being repaired. Spare bulbs and blown lamps must be paid for if not returned.
8. BREACH OF AGREEMENT AND COLLECTION COSTS
Upon Renter’s default or breach, of any provision of this agreement, Southwest Audio Visual, Inc. has, in addition to legal remedies available, the right to
take possession of any or all items of equipment, wherever it is located, without the demand, notice, court order, or the process of law and Renter waives all
damages occasioned by said taking. Further, Rentor shall have the right to terminate the agreement of the whole or in part. Should Rentor take any action to
collect any monies due, rentor should be entitled to attorney’s fees and cost of interest at 18% per annum from the date the monies are first due. Should any
dispute arise from said parties, the dispute shall be resolved based upon Arizona law and under the jurisdiction of the Arizona court.
9. CHARGES AND PAYMENTS
You are responsible for rental charges from the time the item(s) is “Out” as specified on the work order until the unit is returned and other charges
hereunder. Return the item(s) promptly, and in good Condition. You and your representative, agent or principal shall be responsible for and shall pay
Southwest Audio Visual, Inc. all charges hereunder. If the rental charges are charged to someone other than the customer, customer represents he/she is the
agent of such party and have the right to charge this rental; the customer will nevertheless will remain liable for the charges and for the other obligations
and responsibilities of the Customer hereunder.
10. MODIFICATION OF AGREEMENT
This paper represents our entire agreement, and there are no collateral, oral, or any other agreements outstanding. None of Southwest Audio Visual, Inc.’s
rights may be changed and no extension of the term on this agreement may be made except in writing by Southwest Audio Visual Inc. and made part of this
agreement.