The unit identified has been rented to the Lessee for Lessee’s beneficial use. Lessee accepts full responsibility for the care, condition and operation of the unit; acknowledges receiving a copy of the lease.
The rental unit remains the property of the Lessor. Failure to return the unit on the agreed date may subject the Lessee to criminal penalties and civil liability under Texas law.
Lessor's ability to provide a rental unit, if reserved, is contingent upon and subject to the return of the unit by the previous Lessee, and to accidents and other causes beyond Lessor's control.
Cash bond deposit (as provided in the statement of charges) shall be retained by Lessor as partial compensation for failing to return the unit in as good condition, inside and outside, as on the day Lessee took possession of the unit, and for reimbursement of parts of or articles within the unit that are damaged, broken or missing. Lessee understands that the established minimum charge for cleaning the unit will be no less than $50.
Lessee represents to Lessor(1) that Lessee shall provide, at Lessee’s expense, compulsory liability insurance covering the tow vehicle and rental trailer, and (2) that Lessee shall indemnify and hold harmless Lessor from any and all third party claims arising from the operation, maintenance and use of the rental unit during the term of this lease, and (3) does hereby acknowledge that Lessor does not provide and liability insurance covering the rental unit or lessee's operation, maintenance and use of the same.
Lessee agrees not to take said property outside of the state unless such other states are listed on this agreement, and represents and warrants that he is a person of lawful and responsible age, and has in his possession an unrevoked license to operate automobiles issued by a state or territory of the United States.
Lessee agrees that use of the unit is prohibited at Texas Motor Speedway. Lessee further understands that use of the unit at Texas Motor Speedway will result in loss of security deposit.
The Lessee agrees that he will periodically examine the coupling attachments and other equipment including tires, and to maintain them in a safe, dependable condition while in his custody; that if any defect is discovered after its acceptance that he will immediately obtain instructions from the Lessor, that no repairs are to be made without Lessor's permission and Lessee's continued use of the unit will be at his own risk and thus he assumes the liabilities of injury and damage to third persons. Call regarding repairs to the unit must be made during normal working hours 9 am to 5 pm.
Lessee agrees to only transport the unit after carefully examination of the wheels and hitch and only transport the unit when the condition and security of the coupling and wheels are satisfactory to the Lessee.
Lessee further states it is his belief the transmission and other parts of his vehicle are capable of towing the unit and will hold the Lessor harmless from any damages or costs which may result from the tow.
Lessor reserves the right to reject the use of the Lessee's hitch should he deem it inadequate or incapable of secure attachment to the frame of the tow vehicle.
Lessee agrees not to use, or permit the use, of the property for an unlawful purpose; to drive in a careless or negligent manner, nor drive while under the influence of liquor or narcotics, nor by any person except those signatory to this agreement.
Lessee acknowledges Lessee’s responsibility as Bailee of the unit, and will hold Lessor harmless from fines, forfeitures and penalties arising out of any violation of law by Lessee.
Lessee agrees that neither Lessor nor its staff shall be held liable for damages, inconvenience or time lost due to breakdown or malfunctioning of the unit. Lessee further agrees to hold Lessor and it staff harmless should damages occur to any of Lessee’s personal property while carried in or on the unit, including loss or damage caused by fire, water, or theft. Lessee further agrees to indemnify and hold harmless Lessor and its staff from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said unit.
Lessee shall indemnify and hold harmless Lessor from any and all claims, costs and damages to the rental unit and related equipment, including and loss of use by Lessor of the unit, arising from the operation, maintenance and use of the unit during the term of this lease.
Lessee expressly agrees to indemnify and hold harmless of, from, and against any and all loss, costs, damages, attorney’s fees and/or liability in connection with the enforcement of this contract by Lessor. In the event that legal action is instituted by Lessor to recover possession of the unit, and/or to enforce any of the terms, conditions and/or provisions of this contract, and/or to collect delinquent rent, Lessee agrees to pay all costs and reasonable attorneys’ fees incurred by Lessor in connection therewith.
Lessee shall be fully liable for loss or damage to the unit that results from collision with the structure of any underpass or other object because of insufficient clearance whether of height or width.
Lessee agrees: (a) said unit will not be occupied by a greater number than shown in this rental agreement; (b) it will not be occupied by any person or persons while in motion.
Lessee understands that only pre-approved pets are allowed, and will not bring unauthorized pets with them or allow others to bring pets to or in the unit. Lessee further understands that allowing an unauthorized pet in the unit will result in loss of security deposit plus cleaning fee will be charged by Lessor.
Lessee understands that this is a non-smoking unit, and will be rented to non-smokers only. Lessee agrees not to allow visitors to smoke while in or around the unit. Lessee further understands that a returned unit smelling of smoke will result in loss of security deposit plus minimum cleaning fee of $300 will be charged by Lessor.
Lessee is responsible for paying all tolls and parking or driving violations. Lessee is responsible for reporting all accidents. Tolls incurred will be charged to the Lessee's credit card on file plus a $25 service charge.
If the unit is stolen from the possession of the Lessee, the latter shall immediately report its loss to the local police authorities; notify the Lessor and Lessee assumes the burden of firmly establishing its loss and to return the keys to the Lessor.
Lessee agrees to return the property to the Lessor's place of business, including all equipment, in the same condition as received, ordinary wear and tear excepted. Unless otherwise indicated the return time is 12 pm; thereafter, a penalty will be charged equal to two times the daily rental rate for each day beyond the contracted return date. Returning of the property earlier than scheduled date will not result in credit or refund. Calls regarding late return of the unit must be made during normal working hours 9 am to 5 pm.
Lessee understands and agrees that staff members of the Lessor may enter into or retake possession of the unit for the purpose of enforcing the rights of the Lessor under this contract. Lessee hereby waives any right of action against the Lessor and its staff by reason of such retaking or entry.
It is expressly agreed that Lessee is not the agent, servant or employee of the lessor in any manner, whatsoever. It is further agreed all rights and liabilities arising out of this contract shall be determined by the laws of the Texas.
Lessee acknowledges that Lessee enters into this contract with full understanding of all terms and conditions. And that this agreement represents the entire agreement between Lessee and Lessor and that no other representations or inducements, verbal or written, have been made which are not set forth herein.
I have read and understand these terms and conditions and agree hereto.
In consideration of the covenants herein Lessor does lease to the undersigned Lessee the unit described herein, subject to the terms and conditions as set forth in the agreement.