By accepting this agreement renter agrees:
1. The medical equipment is the property of TLC Home Mobility and is in good condition. Renter shall return equipment in the same condition as when received to TLC Home Mobility, at the end of the rental period for inspection, or sooner, upon the demand by TLC Home Mobility. TLC Home Mobility may repossess the medical equipment without demand at any time if it is used in violation of the terms of this agreement.
2. Renter may cancel this order 24 hours prior to delivery at one third (1/3) cost of total to the Renter, if Renter cancels during the rental period after delivery, then for, half (1/2) cost of total to the Renter.
3. TLC Home Mobility shall not be liable or responsible for the loss of or damage to any property left, lost, damaged, stolen, stored or transported by Renter, its agents, servants, or employees, or any other person on or using the medical equipment, either before or after the return thereof to TLC Home Mobility. Renter assumes all risk of such loss or damage and waives all claims against TLC Home Mobility by reason thereof and Renter agrees to hold TLC Home Mobility harmless from and to defend and indemnify TLC Home Mobility against all claims based upon or arising out of such loss or damage.
4. Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of Renter or others arising out of the use, operation or driving of the medical equipment.
5. Renter is responsible for the medical equipment and will reimburse TLC Home Mobility, Legal Owner of Equipment, for the full cost of replacement upon demand for any damage, loss, theft, or destruction of the medical equipment. The Renter understands and authorizes that TLC Home Mobility will charge the credit card used for any repair costs or the replacement costs of the medical equipment deemed necessary.
6. The following restrictions are cumulative and each shall apply to every use, operation of the medical equipment. Under no circumstances shall the medical equipment be used, operated by any person: a) under the age of 18; or b) while under the influence of intoxicants or narcotics; or c) in an unsafe manner.
7. Renter shall defend, indemnify and hold harmless TLC Home Mobility, all of their agents, officers, servants, and employees from and against any and all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage or injury claimed by persons that may arise from the use, operation or driving of the medical equipment, provided that such loss or damage was not caused by the fault or gross negligence and willful misconduct of TLC Home Mobility or its employees.
8. Renter assumes all costs and expenses of every kind and nature, including legal fees and disbursements arising out of and in connection with the use, operation or driving of the medical equipment.
9. TLC Home Mobility assumes no liability or responsibility for any acts or omissions of Renter or of Renter’s agents, servants, or employees.
10. Renter shall notify TLC Home Mobility immediately of any and all accidents and damage resulting from the use, operation or driving of the medical equipment.
11. Renter shall require drivers to operate the scooter with reasonable care and diligence and comply with the terms of this agreement.
12. Rental agrees to pay all costs, expenses, and attorney’s fees incurred by TLC Home Mobility in collecting sums due or in regaining possession of medical equipment or in enforcing or recovering any damage, losses or claims against Renter.
13. Renter or the driver of the medical equipment shall in no event be deemed the agent or employee of TLC Home Mobility in any manner or for any purpose whatsoever.
14. Any individual executing this Agreement as Renter in a representative capacity shall be bound personally, jointly and severally, with such fiduciary, corporation or other entity as to all obligations, expressed or implied, arising here under.
15. This Agreement shall be binding upon the distributes, heirs, next of kin, executors, administrators and personal representatives of the undersigned Renter.
16. We reserve the right to refuse renting to anyone if deemed necessary due to various reasons.
By accepting this agreement I acknowledge that I have read the rental agreement and understand the terms and conditions set forth herein. I also agree to the charges being made to my credit card and understand that if the rented item is not returned on the agreed upon return date, additional charges will be incurred. *Payments for monthly rental items will be charged on the re-rental date of each month indicated until the item is returned.
I authorize TLC Home Mobility to charge the credit card indicated in this authorization form according to the terms outlined above. This payment authorization is for the goods/services described above, for the amount indicated above only. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this form.