I authorize May Fitness Enterprises Inc DBA FitDel to debit the credit card account indicated in this web form for the noted amount on the schedule indicated. This payment is for the fitness equipment rented from FitDel. I understand that returns, refunds and cancellations are outlined specifically in the rental agreement and I have read and understand the rental agreement. I understand that this authorization will remain in effect until the schedule end date, or until I cancel it in writing, which ever comes first, and I agree to notify the business in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment date falls on a weekend or holiday, I understand that the payment may be executed on the next business day. 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 web form.
TERMS OF AGREEMENT
As used in this Rental Agreement “you” and “your” mean the person(s) or entity signing this Rental Agreement as renter. “We”, “our” and "AFR" mean the Lessor/Owner/Austin Fitness Rentals. “Lease” means this Rental Agreement. "Equipment" means the fitness equipment being rented as described above.
OWNERSHIP: You DO NOT acquire any ownership rights in the Equipment under this Rental Agreement.
RENTAL TRANSACTION: This is a rental transaction. You may use the Equipment for the term of this Lease AND ANY
SUBSEQUENTLY PAID TERM. There are no payment grace periods. Time is of the essence in this Lease.
INTENT: You agree that by signing this Lease your intent is to enter the rental program. All representations, warranties and indemnities made or agreed to by you in or in connection with this Lease shall survive expiration, cancellation or termination of this Lease. We may sell, transfer, or assign this Lease without notice to you.
RISK OF DAMAGE OR LOSS: You are liable for the value of the Equipment in excess of normal wear and tear in the event it is lost, destroyed or damaged. Your liability will not be greater than the direct sale price of the Equipment. If damaged, your liability is the lesser of direct sale price of the Equipment or the reasonable cost to repair the Equipment.
RIGHT TO INSPECTION. We may inspect the Equipment and your records related thereto at any time during business hours.
TITLE MAINTENANCE AND TAXES: We retain title to the Equipment at all times and will pay any taxes that might be levied upon the Equipment. You do not own the Equipment unless you buy it. We will maintain the Equipment in good working order as long as you rent it.
ASSIGNMENT: You may not sell, mortgage, pawn, pledge, encumber, hock, dispose of the Equipment or move it from the address you have listed above without our consent. If you do, you will have breached this Lease, and we will have the immediate right to take possession of the Equipment.
SECURITY INTEREST: You hereby grant AFR a security interest in the Equipment and all replacements thereof to secure your obligations under this Lease and all present and future indebtedness to AFR. The Equipment shall at all times remain AFR's Equipment. At your expense, you shall protect and defend AFR's title and interest and keep the Equipment free of all claims and liens except those created by or arising through AFR. You hereby authorize AFR to file such financing statements as AFR deems necessary to protect AFR's interests in the Equipment without your signature, and, if such signature is needed, you appoint AFR as your attorney in-fact to sign such items in your name.
PAYMENT: It is your responsibility to keep your payment information up to date. Should your recurring payment fail for any reason, you agree to pay any additional fees associated with the failed transaction, including costs attributable to AFR's time and expenses of up to $25 per occurrence.
RENEWAL: ThisThis agreement will automatically renew if the Equipment is not returned at the end of the minimum rental term. Should you wish a new rate for an extended term, please contact us to select the new rental period and get the rates.
TERMINATION: This Lease cannot be cancelled or terminated except as expressly provided herein. You agree that your obligation to pay rent and any other amounts pursuant to this Rental Agreement is absolute and unconditional and shall not be subject to any abatement, reduction, set off or defense of any kind.
1. Provided you have paid all rental payments and other charges due through the end of the contract date, you may terminate this lease at the end of your rental period with no penalty by either calling us to pick up the Equipment or returning the Equipment to us.
2. Early termination. If you terminate your rental contract prior to the conclusion of the rent period indicated above for any reason, you agree to pay an early termination fee equal to 30% of the total rental contract price (monthly rent multiplied by the length of this Rental Agreement plus the standard Delivery Charge).
OUR RIGHTS TO TAKE POSSESSION: If you do not renew this Lease or your payments pursuant to this Lease are more than 10 days in arrears, we have the right to take possession of the Equipment. You agree to cooperate with us to arrange for picking up the Equipment. If you do not allow us to do so, you agree to pay any costs we may incur in taking possession of the Equipment, including reasonable attorney’s fees.
COLLECTION: FitDel may attempt to collect any past due balance on your account through third party collection services, our attorney's office and/or civil litigation. The customer hereby agrees to pay all collection and legal fees on this account in accordance with the laws of the State of Texas if such action be necessary, as well as 1.5% per month / 18% per annum interest on any past due invoices, as well as any Non-sufficient fund charges as allowed by law in the event of a returned check.
NOTICE TO RENTER: Do not sign this Rental Agreement before you read it or if it contains any blank spaces. You are entitled to an exact copy of the Rental Agreement you sign. Keep it to protect your legal rights. Equipment information and prices are provided on our website at FitDel.com.
BY SIGNING THIS LEASE, ELECTRONICALLY OR OTHERWISE, YOU ADMIT THAT YOU HAVE READ IT, THAT YOU UNDERSTAND IT AND THAT YOU HAVE RECEIVED EMAILED NOTIFICATION OF PRICING. PAPER SIGNATURES WILL BE REQUIRED TO DOCUMENT YOUR ACKNOWLEDGEMENT THAT YOU HAVE RECEIVED THE EQUIPMENT IN SATISFACTORY CONDITION.
PERSONAL GUARANTEE FOR ENTITY: I hereby unconditionally, absolutely, and irrevocably guarantee to Austin Fitness Rentals the prompt payment and performance, at the times due and payable or performable
and at all times thereafter, of the obligations incurred by the entity pursuant to this Rental
AFTER YOU HAVE SATISFIED YOUR MINIMUM RENTAL TERM, YOUR SERVICE WILL AUTOMATICALLY CONTINUE IN ORDER TO PROVIDE YOU UNINTERRUPTED ACCESS TO YOUR RENTAL EQUIPMENT. THERE WILL BE NO INCREASE IN YOUR RENTAL RATE AND PAYMENT WILL CONTINUE ON THE SAME SCHEDULE UNTIL YOU CONTACT FITDEL. CONTACT 512-687-3161 OR SERVICE@FITDEL.COM TO UPDATE YOUR RENTAL AGREEMENT OR TO CANCEL YOUR SERVICES AND SCHEDULE A PICKUP OR DROP-OFF OF THE RENTAL EQUIPMENT.
LESSOR: May Fitness Enterprises Inc. DBA FitDel
2601 McHale Court STE 100 Austin, TX 78758
INDEMNITY, WAIVER AND RELEASE OF LIABILITY AGREEMENT - Texas
This Indemnity, Waiver and Release of Liability Agreement (the “Release”) is applicable to all renters, owners, guests, and any other user or individual(s) interacting with equipment provided by May Fitness Enterprises Inc., DBA FitDel (the “Rental Company1”). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that is inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children and any and all other users of said rental equipment. Renter agrees that he/she will disclose to Rental Company all potential users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF RENTAL COMPANY.
II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Rental Company at his/her own risk. Risk of injury from the use of the equipment provided by Rental Company is significant and includes the potential for permanent disability and death. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, EVEN IF THE RISKS ARISE OUT OF THE NEGLIGENCE OR FAULT OF RENTAL COMPANY.
III. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rental Company. The undersigned assumes full responsibility for any such injuries or damages which may occur. The undersigned further agrees that Rental Company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that RENTAL COMPANY SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY RENTAL COMPANY, whether such negligence is present at the signing of this Release or takes place in the future.
IV. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company for all personal injuries, property damages, or any other damages to any and all third parties and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rental Company, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF RENTAL COMPANY.
1 FOR PURPOSES OF THIS WAIVER AND RELEASE, THE TERM “RENTAL COMPANY” INCLUDES ALL EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, LESSORS, INSURERS AND SUBSIDIARIES OF RENTAL COMPANY.
May Fitness Enterprises Inc DBA FitDel
2601 McHale Court STE 100 Austin, TX 78758
Service@FitDel.com (512) 687-3161
V. ACKNOWLEDGMENT OF INDEMNITY, WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review this Indemnity, Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Indemnity, Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Rental Company with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. THE UNDERSIGNED FURTHER WARRANTS THAT HE/SHE IS FULLY AWARE THAT HE/SHE IS WAIVING ANY RIGHT HE/SHE MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST RENTAL COMPANY FOR RENTAL COMPANY’S NEGLIGENCE.
VI. WAIVER OF JURY TRIAL
The undersigned and Rental Company hereby knowingly and voluntarily waive trial by jury in any action, proceeding or counter claim, brought by one party against the other or any other matter whatsoever arising out of or in any way connected with the Rental Company and the usage of the Rental Company’s equipment and/or any claim for injury or damage. The parties are hereby authorized to file a copy of this paragraph in any proceeding as conclusive evidence of the foregoing waiver.
Any controversy or claim arising out of or relating to this Release shall be settled by Arbitration in Austin, Texas, in accordance with the commercial arbitration rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction. Each party will be responsible for its own fees and arbitration costs.
VIII. INDEMNITY AGREEMENT
THE UNDERSIGNED AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND RENTAL COMPANY IN ANY MATTER AND FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEY’S FEES ARISING OUT OF AND/OR RELATING TO THE RENTAL, OPERATION AND USE OF ALL EQUIPMENT PROVIDED BY RENTAL COMPANY INCLUDING BY NOT LIMITED TO ANY NEGLIGENT, GROSSLY NEGLIGENT AND/OR INTENTIONAL ACT OR OMISSION OF RENTAL COMPANY.
By using this web site, you agree to use an electronic signature in lieu of a paper-based signature. You understand that electronic
signatures, just like your signing a piece of paper, are legally binding in the United States and in other countries. You further agree
not to electronically sign any form without first reading it and ensuring you have accurately filled out the form to the best of your
knowledge, thus demonstrating that you are able to access the electronic information used by our system.