Spa Fleet

Mobile Sauna Rental

EQUIPMENT RENTAL AGREEMENT

OWNER:

Sweet Sweat Fleet, LLC

EQUIPMENT RENTED

ITEM SERIAL NUMBER DESCRIPTION

1. CLOUDBERRY SFR108 MOBILE SAUNA UNIT

1. PARTIES TO THIS EQUIPMENT RENTAL AGREEMENT. LIABILITY RELEASE.

“OWNER” refers to Sweet Sweat Fleet, LLC and/or, where applicable, to its agents, delegates, and representatives. Spa Fleet Mobile Sauna Rental (“Spa Fleet”) and its on-line platform at www.spafleetrental.com is a division of Sweet Sweat Fleet, LLC.

“RENTER” refers to the individual or organization executing the booking order and making payment for rental fees. However, as use of the equipment is open to the RENTER and other individuals in the RENTER’s presence, all users shall be bound by the rules and regulations defined in this Equipment Rental Agreement and by Spa Fleet’s “Waiver And Release Of Liability”. It is the RENTER’s responsibility to inform all users of and enforce all users’ compliance with all of the terms set forth in this Equipment Rental Agreement. RENTER and all users in RENTER’s party MUST sign Spa Fleet’s “Waiver And Release Of Liability” before using the mobile sauna unit. A digital copy of the waiver will be included with the booking confirmation, and is available for download at www.spafleetrental.com and as hard copies with the equipment.)

2. SITE PREPARATION.

RENTER agrees to have the delivery site clean and ready for the delivery and installation of the equipment, as well as, for dismantling and retrieval and RENTER agrees to pay an additional charge for any delay incurred, or additional labor performed by OWNER resulting from RENTER’s failure to do so. Such labor includes, but is not limited to, snow removal, cropping of vegetation and leveling of grounds.

The site has to be spacious enough for OWNER to navigate the equipment trailer and tow vehicle – ca. 35 feet in total length, 8 feet in width and 13 feet in height during transport – to the use site and to exit with the tow vehicle from the use site. The sauna trailer alone measures 20 feet in length (including the tow tongue), 8 feet in width and 14 ½ feet in height after set-up. Adequate parking space needs to be provided by the RENTER. Further, enough space to turn the tow vehicle and trailer around will be required in many instances (an exception would be delivery to, e.g. a circular driveway.) The delivery site must be level solid ground in all weather conditions. Tree branches or other combustibles should not exists within 50 feet of the site. Delivery will be made to private, secure property only. Delivery to public grounds or on-street parking may be possible – please contact us before booking to explore this option.

3. FEES, LICENSES, PERMITS, TAXES AND FINES.

RENTER agrees to be solely responsible for payment of any fees, licenses, permits, taxes or fines required or resulting from RENTER’s possession, use or operation of the vehicle/equipment.

4. INSPECTION, USE, REPAIR ACCESS.

The RENTER shall keep and maintain the rented equipment during the term of the rental period at his own cost and expense. RENTER shall keep the equipment in a good state of repair, normal wear and tear excepted. RENTER acknowledges that RENTER has an opportunity, at the time of equipment delivery, to personally inspect the equipment and find it suitable for RENTER’s needs and in good condition. Any defects and damages at the beginning of the rental period shall be noted and recorded by RENTER and RENTER shall inform OWNER of any such defects and damages. If the equipment becomes unsafe or in disrepair as a result of normal use, RENTER agrees to discontinue use and notify OWNER, immediately. In case of equipment malfunction, the RENTER shall allow the OWNER to enter the premises where the rented equipment is stored or used at all reasonable times to locate and to inspect the state and condition of the rented equipment, and to make repairs. RENTER agrees that RENTER will not repair or have anyone else repair any equipment without prior consent and written permission by OWNER. Failure to timely notify OWNER will result in RENTER being charged for all time that the equipment is not in a usable state.

5. STATIONARY USE OF EQUIPMENT.
The RENTER shall not remove the equipment the location shown in the booking order as the place of use of the equipment without prior written approval of the OWNER. The RENTER shall not attempt to move the equipment or tamper with the installed stabilization and/or immobilization measures by any means for any purpose. The equipment is intended to be used in a stationary mode only by the RENTER. The trailer coupling will remain locked during the rental period.

6. DELIVERY AND RETRIEVAL TIMES.

OWNER shall deliver equipment by 5 p.m. on the day of rental term commencement unless other arrangements are made between RENTER and OWNER. OWNER shall retrieve equipment by 12 p.m. (noon) on the day of rental term termination, unless other arrangements are made between RENTER and OWNER.

7. WARRANTIES.

There are no warranties of merchantability or fitness, either expressed or implied. There is no warranty that the equipment is suited for RENTER’s intended use, or that it is free from defects.

8. HOLD HARMLESS/INDEMNITY.

RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind, for repossession and for all consequential and special damages for any claimed breach of warranty. RENTER assumes all risks associated with the possession, use, transportation, and storage of the equipment. Accordingly, RENTER hereby waives any and all liens and claims arising from or associated with, and agrees to indemnify, defend and hold harmless the OWNER from and against, any and all liabilities, claims, damages, losses, costs and expenses (including without limitation, attorney’s fees, claims for bodily injury/injuries (including death), property damage, loss of time and/or inconvenience) resulting from or arising in connection with such possession, use, transportation and/or storage, regardless of the cause and including any injuries and/or damages suffered by RENTER, RENTER’s employees and/or any third party/parties including such injuries and/or damages caused by OWNER’s negligent inspection, maintenance and/or transport of the equipment, except to the extent directly resulting from OWNER’s intentional misconduct.

9. ASSUMPTION OF RISK.

RENTER acknowledges that the possession, use, transportation and/or storage of the equipment may give rise to the risk of personal injury and/or property damage. RENTER voluntarily assumes all such risks and releases and discharges OWNER and the equipment from any and all liens, liabilities and claims arising in connection with the same, including, without limitation, any and all claims arising from or in connection with OWNER’s negligence (other than OWNER’s intentional misconduct.)

10. USES.

For purposes of safety and hygiene of the equipment, of the RENTER and of other future renters, RENTER agrees to use the equipment exclusively in accordance with the rules and regulations set forth in the User Manual. The User Manual is included in digital format with the booking confirmation, viewable on-line at www.spafleetrental.com and as a hard copy included with the equipment. RENTER is held responsible that all others using the equipment during the rental term adhere to the rules and restriction set forth in the User Manual.

11. PROHIBITED USES.

Use of the equipment in the following circumstances is prohibited and constitutes a breach of the rental contract. (a) Use for illegal purpose or in illegal manner. (b) Use when the equipment is in bad repair or is unsafe. (c) Improper, unintended use or misuse. (d) Use by anyone other than the RENTER without RENTER’s supervision. (e) Use at any location other than at the exact site of delivery. (f) Introduction of any food items or liquids into the sauna structure including the changing room, except for personal use amounts of drinking water and one (1) gallon of water for making steam. (g) Use of equipment by any person or persons who have not prior to use read, filled out completely and signed Spa Fleet’s “WAIVER AND RELEASE OF LIABILITY” form. (h) Firing of sauna stove without prior cleaning of stove grate and without prior emptying of ash pan.

12. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT.

The RENTER shall not pledge or encumber the rented equipment in any way. RENTER may not sublease or loan the equipment without OWNER’s written permission. Any purported assignment by RENTER is void.

13. TIME OF PAYMENT. CANCELATION OF RENTAL.

While all rental, purchase and delivery fees are due at the time of booking, extension of the rental period is possible if and when equipment is available. RENTER must obtain OWNER’s consent to extend the rental period at least 24 hours before the end of the original rental period. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER’s filing for protection from creditors in any court of competent jurisdiction.

For a full refund of rental fees, cancellation must be made within fourtyeight (48) hours of booking AND at least fourteen (14) full days prior to the standard equipment delivery time (5:00 PM) on the day the rental term begins. For a 50% refund of rental fees, cancellation must be made seven (7) full days prior to the standard delivery time (5:00 PM) on the day the rental term begins. Cancellations made less than seven (7) full days prior to the standard delivery time (5:00 PM) on the day the rental term begins receive no refund. All cancellations must be sent by email to info@spafleetrental.com. RENTER must type “Booking Cancellation for Rental Term [INSERT DATES]” in the subject line. Your booking cancellation is officially registered as of the time and day logged in the email’s header on Spa Fleet’s email server.

14. REPAIR, CLEANING, LOSS.

RENTER agrees to pay, as an insurer, full compensation for replacement, cleaning and/or repair of any equipment, which is not returned because it is lost or stolen, or any equipment which is damaged and/or in need of cleaning and/or repair to put it into the same condition it was in at the time of rental term commencement, normal wear and tear excepted. RENTER agrees to pay a reasonable cleaning charge for equipment returned dirty (e.g. garbage left behind, stains, spills, etc.) RENTER agrees to pay for equipment lost, stolen or damaged beyond repair at its current list price plus installation cost. The cost of repairs of equipment will be borne by the RENTER, weather performed by the OWNER, or, at OWNER’s option, by others. The OWNER’s invoice for replacement, and/or repair is conclusive as to the amount RENTER shall pay under this paragraph for repair or replacement.

15. SECURITY DEPOSIT.

RENTER agrees and authorizes Spa Fleet on the day of the rental term commencement to apply a security deposit authorization request (a.k.a. “hold”) in the amount of $500 to the RENTER’s credit card or other means of payment provided to Spa Fleet by RENTER. This deposit will be applied to any amounts owed for damage to or loss of equipment, which OWNER and renter agree has the current value of $50,000. Any unused portion of the security deposit will be automatically released within 48 hours of the end of the rental period.

RENTER has the option of depositing the security deposit with the OWNER in the form of cash or money order upon equipment delivery if the payment type chosen by RENTER for processing the booking does not allow for a “hold”.

16. POSSESSION, RENTAL TERM, OVERDUE POLICY.
The equipment shall be delivered to RENTER at the OWNER’s risk, cost and expense. The OWNER may charge the RENTER a delivery fee as set forth in the booking fee specifications. RENTER’s right to possession begins after OWNER completes equipment set-up at the delivery location. RENTER’s right to possession terminates with the expiration of the rental term and retention of possession by RENTER beyond this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing. RENTER agrees to make the equipment accessible for retrieval by OWNER at the time of termination of the rental term.

If on the day of the end of the rental term at the time previously agreed upon by RENTER and OWNER the equipment is not made accessible for retrieval by the RENTER for any reason, then RENTER agrees to pay OWNER at the EQUIPMENT OVERDUE RATE of $800 per calendar day commencing with the day and predetermined time of termination of the rental term until the equipment is made accessible to the OWNER for retrieval. OWNER may choose to enforce retrieval of the equipment as outlined under the paragraph “REPOSSESSION”. In case of repossession, RENTER is still liable for all fees charged at the equipment overdue rate until repossession has been accomplished by OWNER.

If a term rental rate is charged by OWNER, rental charges are billed to the RENTER for the full term even if the equipment is released back to the OWNER before the end of the term. No allowance will be made for any rented equipment which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of any of the rights the OWNER has under the rental agreement.

17. REPOSSESSION.

RENTER agrees that if the RENTER is in default of payments owed to the OWNER or of any of the terms and conditions of this agreement, the OWNER, and his agents, at the RENTER’s risk, cost and expense may at any time enter the premises where the rented equipment is stored or used and recover the rented equipment. OWNER and OWNER’s agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.

18. COLLECTION COSTS.

RENTER agrees to pay all reasonable collection, attorney’s, court and other fees, and other expenses and costs incurred by OWNER in protecting OWNER’s rights under this rental agreement and for any action taken by OWNER to collect any amounts due the OWNER under this rental agreement.

19. SEVERABILITY.

The provisions of this Rental Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.

20. PROPERTY DAMAGE.

OWNER is not responsible for any damage whatsoever as a result of delivery, retrieval, use or operation of the equipment engaged in by whomsoever.

21. INSURANCE.

If any of the equipment is used for a commercial purpose, RENTER agrees to maintain (a) property damage and casualty insurance on an “all risks” basis for the full replacement cost of the equipment (including without limitation, all risks of loss or damage covered by the standard extended coverage endorsement) with such deductibles, if any, as may be acceptable to OWNER in OWNER’s discretion; and (b) commercial general liability insurance with minimum limits of $1,000,000 per occurrence. Such insurance shall cover all operations and contractual obligations, as well as any and all damage or liability arising in connection with the handling, transportation, maintenance, operation, use or possession of the equipment during the rental term, and shall name OWNER as an additional insured and loss payee on a “closed clause” basis. All such insurance shall be primary, without any self-insured retention, and shall waive subrogation against OWNER. RENTER agrees to provide to OWNER copies of the proper endorsements for the above coverages specifying that they will not be canceled during the term. Any insurance OWNER carries will be deemed to be in excess of RENTER’s insurance.

22. WAIVER OF JURY TRIAL.

Each party waives its rights to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocable and unconditionally waives its jury trial rights.

23. SUCCESSORS AND ASSIGNEES.

This agreement binds and benefits the heirs, successors, and assignees of the parties.

24. GOVERNING LAW.

This Agreement will be governed by and construed in accordance with the laws of the state of New York.

These terms are deemed accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER.

Spa Fleet

Mobile Sauna Rental

Reduce the Risk of Overheating and Scalding

Prolonged exposure to the high temperatures, which prevail in a sauna may cause your body to overheat. Limit yourself to a maximum of fifteen (15) minutes at a time and allow your body to cool down to normal body temperature in between sauna rounds. Overexposure to high temperatures can be dangerous to your health. Exit immediately if nauseous, uncomfortable, dizzy or sleepy.
Check with a doctor before using sauna if pregnant, diabetic, in poor health and/or under medical care.
Do not use the sauna facility if you have recently consumed alcohol, drugs or medications.
Be aware that direct body contact with the sauna stove, sauna rocks, steam, stove pipe, heat shields and/or other metal objects in the sauna may cause serious injury.

Reduce the Risk of Slipping and Falling

Use care when entering and exiting the sauna facility. Use the handrail when using the steps.
Outside grounds may be icy. Use of proper footwear is recommended at all times.

Waiver and Release of Liability

Assumption Of Risk – Indemnification Agreement

Guest or Renter Personal Information

Name:______________________________ E-mail:___________________________________

Address:__________________________________________________________________________

City: ____________________________________ State: _______ Zip Code: _________

Home Phone: (_____)__________________ Cell Phone: (_____)___________________

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

READ THE ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING.

TERMS AND CONDITIONS

In consideration of being permitted access to Spa Fleet equipment, programs, amenities and services pursuant to the access agreement provided to me or my host (“Rental Agreement”), I agree as follows:

1. RELEASE OF LIABILITY AND ASSUMPTION OF RISK – I understand and acknowledge that there is risk involved in being in and around Spa Fleet’s equipment, including, but not limited to, utilizing equipment which may malfunction or break, participating in any exercise or fitness activity, patronizing or using Spa Fleet services, facilities and/or amenities, participating in programs or activities, and using or being present in and/or around any Spa Fleet equipment while stationary or in transit (towing) or arising from improper maintenance of any equipment or facilities. This includes, without limitation, my use of the changing room, sauna, outdoor stairs, all seating, shower, parking area, sidewalk or any equipment inside or outside of the Spa Fleet equipment and my participation in any activity, class, program or instruction. I agree that I am voluntarily participating in these activities and using the equipment and premises and assume all risk of injury, the contraction of any illness or medical condition that might result, or any damage, loss or theft of any personal property, whether any of the foregoing are suffered by me and/or my family members.

(a) ASSUMPTION OF RISK. I agree that I will assume the risk and full responsibility for any and all injuries, losses, death, costs, the contraction of any illness or medical condition that might result or other damages, loss or theft of any personal property that might occur to me and/or my family members while inside or outside of the Spa Fleet equipment, utilizing equipment which may malfunction or break, participating in any exercise or fitness activity, patronizing or using Spa Fleet services, facilities and/or amenities, participating in programs or activities, using or being present inside and outside of any Spa Fleet equipment, or arising from improper maintenance of any equipment or facilities, my use of the changing room, sauna, outdoor stairs, seating, shower, parking area, sidewalk or any equipment inside or outside of the Spa Fleet equipment, my participation in any activity, class, program or instruction, and negligence on the part of Spa Fleet, its officers, directors, employer contractors, agents and other members, including premises liability claims and/or equipment liability claims such as (by example and not by limitation) slip and falls and/or trip and falls inside or outside of any Spa Fleet equipment. (“Losses”).

(b) RELEASE OF CLAIMS. To the maximum extent allowed by law, I, the undersigned (“I”), agree on my own behalf and on behalf of my family, personal representatives, heirs, executors, administrators, agents and assigns, to waive and release any and all claims, suits or related causes of action against Spa Fleet Mobile Sauna Rental and Sweet Sweat Fleet, LLC, its owners, officers, employees, or agents (collectively “Spa Fleet”), for all Losses (“Released Claims”). I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF CLAIMS AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I AM WAIVING ANY RIGHT I MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST Spa Fleet Mobile Sauna Rental FOR ITS NEGLIGENCE.

2. INDEMNIFICATION – I agree that I will indemnify, defend and hold Spa Fleet harmless, to the maximum extent allowed by law, from negligence, injury, loss, death, costs or other damages to me, my family members, heirs or assigns, or third parties for claims, suits, or related causes of action asserted against Spa Fleet Mobile Sauna Rental arising from my conduct and/or my family’s conduct while inside or outside of Spa Fleet’s equipment or participating in any program or activity and from any of the Losses and Released Claims described in Section 1.

3. APPLICATION – I agree that this Release shall apply to each visit I make to Spa Fleet’s equipment and to every instance of my participation in a program or activity, including future visits and participation, regardless of the date that this Release is signed below.

4. AGREEMENT TO COMPLY WITH RULES – I agree to, and will comply with, the policies of Spa Fleet’s “USER MANUAL” posted in hard copy inside of the equipment changing room and available for download at www.spafleetrental.com, and with the policies of Spa Fleet’s “EQUIPMENT RENTAL AGREEMENT”. I acknowledge that Spa Fleet’s policies are subject to change at the sole discretion of the Spa Fleet.

5. BINDING ON OTHERS – This Release shall bind the members of my family and my spouse or registered domestic partner if I am alive, as well as my estate, family, heirs, administrators, personal representatives or assigns if I am deceased and shall be deemed as a “Release, Waiver, Discharge and Covenant” not to sue Spa Fleet .

6. SEVERABILITY – I agree that the purpose of this Release is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by New York law. I agree that if any portion or provision of this Release is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid portion will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Release.

7. APPLICABLE LAW, FORUM & ATTORNEYS’ FEES – This Release is governed by and shall be construed in accordance with the laws of the state of New York, without any reference to its choice of law rules. I agree that any dispute arising from this Release or in any way associated with Spa Fleet doing business within the state of New York or outside of the state of New York shall be brought only in the Courts of Ulster County, New York, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this Release is contested, I agree that the substantially prevailing party will be entitled to receive all attorney’s fees and costs from the party contesting the validity of this Release.

I acknowledge that no oral representations, statements or other inducements to sign this Release have been made apart from what is contained in this document.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY READING IT

BEFORE SIGNING IT. BY MY SIGNATURE BELOW I UNDERSTAND AND AGREE TO

THE ABOVE TERMS AND CONDITIONS.

SIGNATURE:

___________________________________ _____/_____/_____

Guest or RENTER (If over the age of 18) Month Day Year

IF GUEST OR MEMBER IS A MINOR, SIGNATURE OF PARENT OR RESPONSIBLE ADULT IS REQUIRED BELOW:

9. PARENTAL RELEASE OF LIABILITY – In consideration of the minor child being permitted to utilize Spa Fleet’s services, amenities, equipment, activities and/or programs I accept and agree to the full contents of this Release.

10. PARENTAL INDEMNIFICATION – I agree to release, indemnify, defend and hold Spa Fleet harmless from all liabilities and future claims presented by my children or any other minor children and/or their parents, whose visit to Spa Fleet’s equipment is sponsored by me, for any losses suffered by them or any family member or registered domestic partner. This includes any claim of the minor and any claim arising from the negligence of Spa Fleet.

11. PARENTAL REPRESENTATION OF AUTHORITY – I agree that I am authorized to sign this Release on behalf of the child by all of the parents and/or legal guardians of the child. I represent that all parents and/or legal guardians of the child know of and acquiesce to the signing of this Release and agree to waive and release any and all claims, suits or related causes of action against Spa Fleet.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY READING IT BEFORE SIGNING IT. BY MY SIGNATURE BELOW I UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS, AND TO ALL POLICIES CONTAINED IN SPA FLEET’S “USER MANUAL” AND “RENTAL AGREEMENT”, WHICH I HAVE READ. THESE POLICIES ARE SUBJECT TO CHANGE FROM TIME TO TIME SOLELY AT THE DISCRETION OF SPA FLEET.

SIGNATURES:

_________________________________________________ _____/_____/_____

Parent/Guardian (If guest or member is under the age of 18) Month Day Year

Spa Fleet Mobile Sauna Rental and its on-line platform at www.spafleetrental.com

is a division of Sweet Sweat Fleet, LLC.