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Equipment Rental Agreement

EQUIPMENT RENTAL AGREEMENT 

This Equipment Rental Agreement (the "Agreement") is made and entered into on [Date] by and between:

In Motion Services Inc., a corporation organized under the laws of Ontario with its principal place of business located at 24 Martin Ross Ave. Unit 6, Toronto, ON M3J 2K8 (hereinafter referred to as "Lessor"), and [Client Name], an individual with a mailing address of [Client Address] (hereinafter referred to as "Lessee").

 

Equipment Ownership:

The equipment shall remain the property of In Motion Services Inc. The client shall return the equipment to In Motion Services Inc. in the same condition as when received, reasonable wear and tear excepted. In Motion Services Inc. shall be responsible for the maintenance and repair of all equipment. The client shall immediately return any equipment requiring repairs to In Motion Services Inc. or, at the option of In Motion Services Inc., alternative equipment may be provided.

 

Proper Use and Operation:

The client acknowledges that In Motion Services Inc. has instructed them in the proper use and operation of the equipment and agrees to abide by those instructions.

Lift Chair Use

For lift chair rentals, we offer an optional lift chair cover for $75.00 plus HST. If the client chooses not to purchase the cover and the lift chair becomes soiled, they may be required to purchase the rental chair at full price, as some stains may be impossible to remove.

 

Equipment Responsibility:

The client shall be solely responsible for any loss, damage, destruction, or theft of the equipment until it is returned to In Motion Services Inc. If the equipment is lost, damaged, destroyed, or stolen while this Agreement is in effect, the client shall advise In Motion Services Inc. immediately and shall pay the fair market value of the equipment. The client is responsible for notifying In Motion Services Inc. on or before the due date to extend the rental period. In Motion Services Inc. may automatically debit the client's credit card on the due date if no communication attempts have been made by the client.

 

Liability Waiver and Indemnification:

The client acknowledges that neither In Motion Services Inc. nor any of its officers, directors, employees, or affiliates shall be responsible for any personal injuries, death, damages, losses, or expenses incurred by the client or any other person resulting from or in any way related to the rental or use of the equipment. The client expressly assumes all risks associated with the use of the equipment and agrees to indemnify, defend, and hold harmless In Motion Services Inc. from any claims, demands, liabilities, costs, or expenses, including reasonable legal fees, arising out of or related to the use, misuse, or failure to operate the equipment properly.

 

Rental Payments and Deposits:

Rental payments shall be made payable monthly or weekly in advance on the first day of each month or week that this Agreement is in effect, as specified on the front side of the agreement. Overdue payments shall bear interest at a rate of 1.5% per month (18% per annum) from the day they become overdue until paid in full, notwithstanding any termination of this Agreement. In Motion Services Inc. may apply the deposits, or any part thereof, to the last payment(s) due. Upon termination and return of the equipment in satisfactory condition, any balance of the deposit shall be returned to the client, without interest.

 

Default and Repossession:

This Agreement may be terminated by In Motion Services Inc. without prior notice if the client fails to make a rental payment within 10 days of its due date. In such cases, the client must immediately return the equipment. If the client fails to do so, In Motion Services Inc. may take any lawful action necessary to recover possession, including engaging a collection agency or seeking legal recourse. The client agrees to reimburse In Motion Services Inc. for all reasonable costs incurred in recovering the equipment, including legal fees and collection costs.

 

Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. The parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario for any disputes arising under this Agreement.

 

Cancellation Policy:

The rental reservation may be cancelled at any time by providing written notice to In Motion Services Inc. However, if the rental reservation is cancelled within 24 hours or less of the scheduled rental start date, a 50% cancellation fee will be charged to the client’s credit card. Additionally, any credit card processing fees (3% of the total charge) will not be refunded upon cancellation.

 

Delivery and Pickup Requirements:

To ensure a smooth delivery and pickup process, the client must ensure that the designated area is clear, clean, well-lit, and easily accessible. The client must also secure any pets during delivery and pickup. In Motion Services Inc. is not responsible for any damage to the client's premises if these conditions are not met.

 

Rental Protection Program Coverage (OPT-IN):

The Rental Protection Program covers accidental damage to rental equipment under normal use and any necessary repairs. However, it does not cover the following exclusions:

  • Theft, burglary, or robbery;

  • Water or fire damage;

  • Damage resulting from misuse, reckless acts, or criminal activity;

  • Loss of income or consequential damages;

  • Damage incurred during transportation, loading, or unloading;

  • Use beyond the equipment’s rated capacity;

  • Collision with overhead objects, improper storage, or off-road use;

  • Damage caused by an unauthorized user or while under the influence of drugs or alcohol.

This protection is not liability insurance and applies only to equipment rented from In Motion Services Inc. By providing email and payment details, the client agrees to opt into the Rental Protection Program.

 

Return of Equipment:

Upon termination of this Agreement, the client shall return the equipment in the same condition as received, reasonable wear and tear excepted. The client shall be responsible for any loss, damage, destruction, or theft of the equipment until it is returned to In Motion Services Inc. Any missing or damaged equipment must be paid for at fair market value.

 

Integration Clause:

This Agreement constitutes the entire agreement between the parties and supersedes any prior discussions, negotiations, or agreements, whether written or oral. No modifications or amendments shall be valid unless made in writing and signed by both parties.