Rainbow Cleaning System Rental Agreement
Please read these Terms and Conditions before and after that, you can always go back to Rent your Rainbow.
This Rainbow System Rental Agreement is effective as of the date of the booking online and is made between Oncemillon LLC, an organization under the laws of Florida, with offices at 12491 SW 134 ct, Suite 25, Miami FL. 33186.
Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
- Rainbow Pickup. The renter shall pick up the Rainbow in the KV Infinity office or where told by the Owner. The location of the Rainbow is in Miami-Dade, Florida. The renter must appear personally in the place in order to pick up the equipment.
- Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned
to the Owner. The renter shall return the Equipment on the day it was made the reservation or earlier. - Payment. Renter shall pay in advance the amount listed on the website for the reservation, and authorize the Owner to charge the debit card or credit card with an amount equal to all payments and fees due under this Agreement.
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent
allowed by law, including but not limited to:
a) charges for optional services if any;
b) applicable taxes;
c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or
repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
d) a $30 charge per day for late return of the Equipment or the highest amount allowable under the law;
e) unless due to the fault of the Owner, all fines, penalties, court costs, and other expenses relating to the Equipment assessed
against the Owner or the Equipment during the rental Term;
f) all expenses the Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the
Equipment;
i) all costs incurred to collect unpaid monies due; and
k) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making the payment with insufficient funds. - Security Deposit. In addition to any fees, Renter may have to pay a deposit of $100 at the time this Agreement
is signed. The owner may use the deposit to cover any amounts due under this Agreement. - Late Payment. If the Renter fails to make any installment payment within 2 days of the due date, the Renter shall pay a surcharge
of $15 per day for late payments. If payment is made online in advance, no late payment is due. - Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is
inconsistent with Owner’s instructions or manuals. - Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to
labor, material, parts, and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be
replaced without the Owner’s prior consent. - Insurance. We strongly suggest the renter carry insurance equal to the value of the Equipment to ensure its full
replacement. - Restrictions on Use. Renter shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment. - Loss or Damage. The renter shall alert the Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and missing equipment.
- The condition of Equipment. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. The renter shall return the Equipment to the agreed return location. If Equipment is not returned on said date, the Owner reserves the right to take any action necessary to regain possession of the Equipment.
- Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
- Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss, or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM THE RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND LOSS OF REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
- Ownership. The owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify the Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
- Waiver. No failure of the Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches, and the waiver of any breach shall not act as a waiver of subsequent breaches. The owner’s acceptance of payment with knowledge of a default by the Renter shall not constitute a waiver of any breach.
- Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
- Assignment. The renter may not, without the prior written consent of the Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
- Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
- Counterparts. This Agreement and any amendment thereof may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.