Rental Agreement

Equipment Lease Agreement

This Equipment Lease Agreement (the “Agreement” or "Lease") is made and effective by clicking on the "place order" button, by and between A&M DANIEL llc./GlassAndGear.com ("Lessor") and current user ("Lessee").

Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor, certain tangible personal property.

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:

1. LEASE. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (the "Equipment"): as shown in the order preview.

2. TERM. The term of this Lease shall commence on the date that you've specified as your Reservation Start Date and or the date the shipper shows first attempted delivery of said Equipment and shall expire on the last day of the rental period as shown in the order. Always refer to your paperwork for the date that the package/equipment should be returned to shipper. Equipment must be shipped back on the last day of the rental period. In the event that the last day is a postal holiday a one day extension is granted the “Lessee”. Rental/Lease periods are typically 3 Days (Local Pick-Up Only), 1 Week, 10 Days, 2 Weeks, 3 Weeks or 4 Weeks. Rentals that exceed this time frame are possible, but please inquire beforehand. The Lease is measured in full days. For example: if equipment is reserved for a 3 Day rental (Local Pick-Up Only), beginning on a Monday, the gear will be ready for pick-up at 9AM, and needs to be returned by close on Wednesday. This allows you three full days with the rental. There are no charges for early returns. For 3 Day (Local Pick-Up Only) Rentals: One day, two days, over a holiday, over the weekend or up to three days, you are paying the same low one day rate. Keep in mind that you are responsible for the equipment and rental charges until it is returned.

3. SHIPPING. Lessee shall be responsible for all expenses and costs, payable at time of initial transaction, for shipping from “Lessor” to “Lessee” as well as return shipping to the “Lessor”. Equipment is packaged with pre-paid shipping label to make returns as easy as possible. A FedEx location is considered a FedEx/Kinko's, not an drop box. Please keep in mind that you are responsible for the equipment until it is returned. Failure to follow return instructions will result in additional shipping and handling fees.

4. RENT AND DEPOSIT. The rent for the Equipment shall be paid in advance in full.

5. LATE CHARGES. If any Equipment leased under this Agreement is late, Lessee agrees to pay the current daily rate of said equipment.th

6. USE. Lessee shall only use the Equipment in a careful and proper manner and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance and storage of the Equipment. All permits permit fees, licenses, bonds to be provided by Lessee for setup and use of equipment. The Lessee shall provide Twenty-four hour security for all said equipment.

7. DEFAULTS. If the “Lessee” fails to meet any of the obligations outlined under this agreement, A&M DANIEL llc./GlassAndGear.com has full right to take immediate possession of the Equipment; to make a charge to the renter’s credit card for the replacement value of the Equipment; to pursue any legal remedies; and to sue to recover any lost equity or income. In the event of litigation to recover damages, Lessee is held responsible for any and all court costs and legal fees incurred by A&M DANIEL llc./GlassAndGear.com

8. SURRENDER OF EQUIPMENT. Lessee shall be entitled to possession of the Equipment on the first day of the Lease Term. At the expiration of the Lease Term, Lessee shall surrender the Equipment to Lessor by delivering the Equipment to Lessor or Lessor’s agent in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement.

9. MAINTENANCE, DAMAGE AND LOSS. Lessee will, at Lessee's sole expense, keep and maintain the Equipment clean and in good working order and repair during the Lease Term. In the event the Equipment is lost or damaged beyond repair, Lessee shall pay to Lessor the replacement cost of the Equipment; in addition, the obligations of this Agreement shall continue in full force and effect through the Lease Term.

10. ENCUMBRANCES, TAXES AND OTHER LAWS. Lessee shall keep the Equipment free and clear of any liens or other encumbrances, and shall not permit any act where Lessor’s title or rights may be negatively affected. Lessee shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Equipment. Furthermore, Lessee shall promptly pay all taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Equipment.

11. LESSORS REPRESENTATIONS. Lessor represents and warrants that he/she has the right to lease the Equipment as provided in this Agreement and that Lessee shall be entitled to quietly hold and possess the Equipment, and Lessor will not interfere with that right as long as Lessee pays the Rent in a timely manner and performs all other obligations under this Agreement.

12. OWNERSHIP. The Equipment is and shall remain the exclusive property of Lessor.

13. SEVERABILITY. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

14. ASSIGNMENT. Lessee shall not assign this lease or its interest in the Equipment without the prior written consent of the Lessor.

15. BINDING EFFECT. The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.

17. NOTICE. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service.

18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Lessor and Lessee.

19. CUMULATIVE RIGHTS. Lessor’s and Lessee’s rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

20. WAIVER. The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Lessor does not waive Lessor’s right to enforce any provisions of this Agreement.

21. INDEMNIFICATION. Except for damages, claims or losses due to Lessor’s acts or negligence, Lessee, to the extent permitted by law, will indemnify and hold Lessor and Lessor’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Lessee, or for damage to property arising from Lessee using and possessing the Equipment or from the acts or omissions of any person or persons, including Lessee, using or possessing the Equipment with Lessee’s express or implied consent.A&M DANIEL llc./GlassAndGear.com is not responsible for any liabilities, claims, costs or expenses arising out of the use or possession of its equipment. When ever possible we offer and encourage you to inspect and test the equipment at our facility before pick up of equipment. It is understood that the equipment is in good working order and condition.

Damage Waiver Agreement

Damage Waiver Agreement(the “Agreement” or "Lease") is made and effective by clicking on the "place order" button, by and between A&M DANIEL llc./GlassAndGear.com ("Lessor") and current user ("Lessee").

Lessee shall be responsible for any damage beyond normal wear and tear. Normal wear and tear could be but not limited to deep scratches and gashes. Impact damage, mechanical impact is considered damage. Light and minor scuffmarks to the gear is considered normal use and will not be considered as damage.

If the manufacturer and or repair facility states there is water damage, moisture damage, mechanical damage caused by such liquids the Lessee shall be responsible for repairs and maybe the full cost of replacement.

The Damage Waiver shall protect the Lessee from being 100% liable for unintentional damage to the equipment. The Lessee will only be responsible for the deductible which is 12% of current replacement cost.

Damage Waivers are specific to each individual piece of equipment. The cost of the Damage Waiver varies for each rental item depending on what particular piece of equipment it is.

The Lessee agrees to returned all equipment in order to qualify for the terms stated in this Damage Waiver. Equipment going through our check in process it is not an indication of waiver by us of any claims for damage to the equipment.

The Damage Waiver does not cover loss, theft, loss of the item, lost parts, misplacing of equipment, sand damage, negligence in return packaging or any type of water, moisture and or liquid damages. Any type of sand / water damage is considered negligence. Lost parts could be but is not limited to hoods, battery chargers, front / rear caps, cables, etc.

Glass And Gear must be able to identify the equipment as ours; serial numbers, markings, etc. If there isn’t enough of the item left to identify the Lessee shall be responsible for full replacement cost of said items.

The Lessee agrees to let a Glass And Gear Rental Agent know immediately if a piece of equipment is damaged. The contract states if a piece of equipment is damaged the Lessee is responsible for the repair and/or replacement cost, plus rental fees.

The Damage Waiver covers damage wherever it occurs, unless it is outside the U.S.

The Damage Waiver cannot be purchased and equipment cannot be covered under the Damage Waiver once the said equipment has left the rental warehouse.

A&M DANIEL llc./GlassAndGear.com is not responsible for any liabilities, claims, costs or expenses arising out of the use or possession of its equipment. When ever possible we offer and encourage you to inspect and test the equipment at our facility before pick up of equipment. It is understood that the equipment is in good working order and condition.

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