Customer(s), pursuant to the terms, conditions and provisions of this Rental Agreement (the “Agreement”), hereby rents from Bluebird Oxygen, LLC (the “Company”) the Equipment as described in this Agreement. Customer(s) signature on this Agreement or receipt, use or possession of Equipment creates a binding and legal agreement between the Customer(s) and the Company pursuant to the terms of this Agreement, all of which the Customer(s) agrees will be unconditionally binding upon and enforceable against the Customer(s).
1. Equipment. The Equipment, which the Customer(s) hereby rents from the Company, pursuant to this Agreement, consists of oxygen concentrator machinery and related components, including, but not limited to, hoses which supply oxygen to the user of the Equipment, electrical cords and components, and any and all other parts and components delivered to Customer(s) by the Company pursuant to this Agreement.
2. Receipt, Maintenance & Return of Equipment. Customer(s) has inspected, or has had the opportunity to inspect the Equipment, and agrees the Equipment is in good working order and suitable for the purposes for which Customer(s) has rented the Equipment. Customer(s) will comply with all applicable instructions for use of the Equipment and shall use the Equipment only for purposes for which the Equipment is intended. Upon expiration of the Rental Term, Customer(s) shall return the Equipment in the same condition as when received from the Company, normal wear and tear excepted. Customer(s) shall be responsible for any damage, loss, theft, destruction or other inability to return the Equipment to the Company in accordance with this Agreement. In the event the Equipment sustains damage, loss, theft or destruction, either in whole or in part, while in the possession of the Customer(s), the Customer(s) agrees to pay, and authorizes and directs the Company to charge any credit card of the Customer(s), the information of which is in the possession of the Company or otherwise provided to the Company, for any repair and/or replacement costs of Equipment as necessary. Whether damaged Equipment is repaired or replaced is solely at the discretion of the Company. In the event the Customer(s) fails to return to the Company the Equipment at the end of the Rental Term, Customer(s) shall pay to the Company thereafter a Daily Rental Rate of twice that specified above in this Agreement until the Equipment is returned to the Company. Additionally, the Company may retake possession of the Equipment at any time after expiration of the Rental Term of this Agreement, or if the Customer(s) uses the Equipment in violation of the terms of this Agreement. Customer(s) shall reimburse the Company for all expenses of the Company in retaking possession of the equipment.
3. Use of the Equipment. Customer(s) understands and agrees that use of the Equipment is solely and exclusively recreational. The Equipment is not for medical use and shall not be used for medical purposes of any nature whatsoever. The Equipment is not for or intended to be for medical use. The Company is not a medical provider. The Company does not fill prescriptions for oxygen or oxygen concentrator rentals, and the Equipment shall not be used pursuant to a prescription from a medical provider. The oxygen produced by the Equipment does not diagnose, treat, cure or prevent any disease or illness, including, but not limited to, altitude sickness. Customer(s) with any pre-existing and/or current medical conditions should consult with their physician or other medical provider prior to use of the Equipment. The Equipment is intended for recreational, intermittent use only and is not to be used as a medical or lifesaving product. The Customer(s) understands that the Equipment should not be used for prolonged, uninterrupted periods. A prolonged, uninterrupted period would be more than eight hours. The Customer(s) assumes all risk and liability for any loss, damage, injury or death to the Customer(s) or other person(s) or property arising out of or related in any manner to Customer(s)’ rental of and use of the Equipment. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
4. Delivery of Equipment. The Company will deliver and pick up the Equipment within Summit County between the hours of 10:00 a.m. and 6:00 p.m. free of charge with a two-day minimum Rental Term of the Equipment. Customer(s) will pay a $50.00 delivery charge and/or $50 pick-up charge, as the case may be, for pick-up and delivery outside the above hours. After hours or a “rush” delivery, if available, will be subject to a $100 fee.
5. Return of Equipment. Equipment is due back to the Company by 11:00 a.m., local time, on the last day of the Rental Term. If the Customer maintains a residence, the Company will pick up the Equipment at the Customer’s residence before 11:00 a.m., local time, on the last day of the Rental Term. If the Customer is staying in temporary housing, such as a hotel, condominium or resort, the Customer(s) will make arrangements with the front desk or office to have the Equipment picked up from such front desk or office before 11:00 a.m., local time, on the last day of the Rental Term. Any Equipment not available for pick-up on the scheduled pick-up date and time will incur an additional Daily Rental Rate, at twice the Daily Rental Rate specified above until the Equipment is available for pick-up, together with an additional $50 pick-up fee.
6. Cancellation of Reservations. In the event Customer has reserved equipment more than 24 hours prior to the commencement of the Rental Term, Customer may cancel this order up to 24 hours prior to the commencement of the Rental Term and will receive a full refund of any amount paid to the Company. If Customer(s) cancels within 24 hours of the commencement of the Rental Term or makes a reservation within 24 hours of commencement of the Rental Term and thereafter cancels, the Customer shall be responsible for half the minimum rate. The Company acknowledges and understands that weather and travel conditions may be a factor in a Customer’s cancellation and will consider such factors in determining whether to charge a cancellation fee.
7. Exclusive Use. The Customer(s) acknowledges, understands and agrees that he/she has rented the Equipment solely and exclusively for use by the Customer(s), the Customer’s family and/those persons living with and/or travelling with and staying with the Customer(s). Customer(s) shall not transfer, assign, sublease or otherwise allow persons other than those expressly permitted by this Agreement to use the Equipment. Customer(s) shall not allow the Equipment to be used, kept or stored at any location other than the location to which the Company delivers the Equipment.
8. Waiver of Claims. Customer(s) does hereby agree, on behalf of Customer(s), any person the Customer(s) allows to use the Equipment (“Additional Users”), their heirs, successors and any person or entity claiming or attempting to exert a claim against the Company as a result of or in any manner relating to Customer’s rental of the Equipment and/or use of oxygen from the Equipment to expressly waive, remise and release any claim, right or cause of action whatsoever which the Customer(s) may have, acquire, or which may accrue in the future against the Company, its members, managers, officers, employees, agents and servants arising in whole or in part from, or as a result of, the rental of the Equipment and use of the oxygen generated by the Equipment, including but in no way limited to physical, mental, economic or emotional injuries or death.
9. Indemnification. The Customer(s) hereby agrees to indemnify and hold harmless the Company, its members, managers, officers, employees, agents and servants, from and against any and all loss, damage, injuries, claims, causes of action and/or liabilities, including reasonable costs and attorney fees whatsoever resulting from or arising out of or in connection with Customer’s and Additional Users’ rental of the Equipment and/or the use of oxygen generated by the Equipment.
10. Company Disclaimer. OXYGEN VIGOROUSLY ACCELERATES COMBUSTION AND FLAME. THERE CANNOT BE ANY SOURCE OF FIRE OR SPARK WITHIN THE SAME ROOM OR OPERATING ENVIRONMENT AS THE EQUIPMENT OR ANY OTHER PARTS OR COMPONENTS. SOURCES OF COMBUSTION INCLUDE, BUT ARE NOT LIMITED TO, ANY FORM OF SMOKING (CIGARETTES, PIPES, CIGARS OR OTHER), ELECTRIC, GAS OR WOOD HEATING OR COOKING SYSTEMS OR DEVICES, LIGHTERS, MATCHES, CANDLES OR OTHER OPEN FLAME. THE EQUIPMENT SUPPLIED BY THE COMPANY IS INTENDED FOR PRIVATE USE IN THE HOME OR VACATION RENTAL ONLY. CUSTOMER(S) IS SOLELY RESPONSIBLE FOR THE USE OF THE EQUIPMENT BY OTHER INDIVIDUALS AS PERMITTED UNDER THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL THE EQUIPMENT BE OPERATED BY ANY PERSON UNDER THE AGE OF 18, WHILE UNDER THE INFLUENCE OF INTOXICANTS OR NARCOTICS, IN VIOLATION OF THIS AGREEMENT, OR IN AN UNSAFE OR UNLAWFUL MANNER.
11. Accidents and Damage to Equipment. Customer(s) shall immediately notify the Company of any and all accidents or damage to the Equipment.
12. Responsibility for Costs, Expenses and Fees. Customer(s) assumes responsibility for all costs, expenses, fees and attorney fees of every kind and nature arising out of Customer’s use and operation of the Equipment. Customer(s) shall pay all costs, expenses and attorney fees incurred by the Company in collecting sums due and/or in regaining possession of the Equipment, and/or enforcing and recovering any damages, loss, claims, rights or defenses against the Customer(s).
13. Legal Matters. This Agreement is subject to and shall be interpreted under the laws of the State of Kansas. The venue for any action or proceeding of or related to this Agreement, whether in contract or tort, shall be exclusively in the Kansas State Court. The Customer consents to personal jurisdiction over Customer(s) in Kansas.
14. Independent Parties. Customer(s) and Company are independent parties. Customer(s) and Company agree that this Agreement does not create a partnership, joint venture or agency relationship of any nature whatsoever.
15. Execution and Representative Capacity. Any individual executing this Agreement as a Customer in a representative capacity shall be bound personally, jointly and severally, with such represented party, corporation or other person or entity as to all obligations, express or implied, arising under this Agreement.
16. Refusal to Rent. The Company reserves the right to refuse renting of the Equipment to any person in the sole discretion of the Company.
17. Headings. The headings in this Agreement are for convenience only and should not be utilized in construing the provisions of this Agreement.
18. Entire Agreement. This Agreement represents the entire Agreement between the Customer(s) and the Company. There are no prior agreements or understandings between the Customer(s) and the Company. This Agreement may not be modified, except in writing by the Company.
This Agreement may not be modified, except in writing by the Company.