Terms and Conditions of Rental Accounts

All Rental Accounts are subject to these provisions by agreement via Account Application

Article 1
Description of Leased Property

The property to be leased is described in the attached Schedule made and incorporated as part of this lease

Article 2
Term of Lease

The initial term of this Lease is stated in the attached Schedule made and incorporated as part of this Lease

Article 3
Payments by Lessee

3.01The amount of rental payments are stated in the attached Schedule and incorporated as part of this Lease. Rental payments shall be made at Lessors address as set forth above or at any other place that may be designated by Lessor or its assignees
Security Deposit
3.02 As security for the prompt and full payment of rent and the complete and timely performances of all provisions of this Lease, Lessee will deposit with Lessor the amount set forth in the attached Schedule as the Security Deposit. If any default occurs in the performance of any covenants in this Lease by Lessee, Lessor shall have the right, but shall not be obligated, to apply the Security Deposit in order to cure the default. Any such application by Lessor shall not be a defense to any action by Lessor arising out of the default. On the expiration or earlier termination of this Lease, provided Lessee has paid all of the required rent and fully performed all of the other provisions of this Lease, Lessor will return to Lessee any remaining balance of the Security Deposit.

Article 4
Use of Property

Rights of Lessee 4.01. Lessee shall be entitled to the right to the use operation, possession, and control of the leased property during the Lease term provided Lessee is not in default of any provisions of the Lease and subject to any security interest Lessor may have given or may give to any their party during the Lease term. Lessee shall employ and have absolute possession, control, supervisions and responsibility over any operators or users of the property, subject to the restrictions set forth below.
Duties of Lessee
4.02. Lessee must use the leased property in a careful and proper manner and agrees not to permit any leased property to be operated or used in violation of any applicable federal, state or local statute, law, ordinance, rule, or regulation relating to the possession, use or maintenance of the property. Lessee agrees that the leased property will be used in accordance with any applicable vendor’s or manufacturer’s manuals or instructions, by competent and fully qualified personnel only. Lessee agrees to reimburse Lessor in full for all damage to the property arising from any misuse or negligent act by Lessee, its employees, and its agents. Lessee will indemnify and hold Lessor harmless from all liabilities, fines, forfeitures, or penalties for violations of any statue, law ordinance, rule or regulation of any duly constituted public authority.

Article 5
Maintenance, Repairs, and Alterations Performed by Lessee

5.01. Without the prior written consent of Lessor, Lessee shall not make any alterations, additions, or improvements to the equipment.

Article 6
Lessee’s Obligation to Pay Taxes

6.01. Lessee is liable for, and required to pay on or before their due dates, all sales taxes, use taxes, personal property taxes, and any other taxes or governmental charges imposed on the leased property or based on the amount of rent to be paid under this Lease or assessed in connection with this Lease. Lessee shall promptly notify Lessor and send Lessor copies of any notices, reports, and inquires received by Lessee from taxing authorities concerning delinquent taxes, charges or other assessments

Article 7
Lessor’s Right of Inspection and Repair

It is agreed that Lessor, at its discretion during Lessee’s regular business hours, and with 24 hours prior notice to Lessee, has the right to enter the premises where the leased property is located or operated for the purpose of inspecting the property in order to make a determination of its condition and manner of use. If any property covered by this Lease is not being properly maintained or utilized according to the provisions of this Lease, Lessor has the right, but not the obligation, to have it repaired or maintained at a service facility at the expense of the Lessee.

Article 8
Ownership

No Sale or Security Interest Intended
8.01. This Agreement constitutes a Lease of the property described in the attached Schedule and not a sale or the creation of a security interest. Lessor shall at all times retain sole ownership and title of the leased equipment, and Lessee shall not have or at any time acquire any right, title, equity, or other interest in the property except the right to possession and use as provided in this Agreement.
Identification Markings
8.02. Lessor shall have the right to place and maintain on the exteriors or interior of each piece of property the following inscription: Property of Rock N Roll Rentals, Inc. If this Lease is assigned by Lessor the assignee shall have the same right. Lessee shall not remove, obscure, deface, or obliterate the inscription or permit any other person to do so.

Article 9
Indemnification and Liability

Risk of Liability Assumed by Lessee
Lessee is responsible for the use of the rented item(s). Lessee assumes all risks inherent in the operation and use of the property or equipment, and hereby agrees to indemnify, protect, save and keep harmless Lessor from any claim for bodily injury (including death), or damage to Lessor’s property resulting from, or otherwise in connection with, Lessee’s use or possession of the property, including but without limitation, latent, and other defect whether or not discoverable by Lessor, including claims based upon the strict liability imposed by law. Additionally, Lessee herby covenants and agrees to save, protect, hold harmless and indemnify Lessor from any claim for liability by any their party or agent of Lessee’s arising from his or her use of the property.
Accident, Loss of, or Damage to Property
Notification to Lessor
9.01. If any property under this Lease is damaged, lost, stolen or destroyed as a result of its operation, use, maintenance, or possession, Lessee shall promptly notify Lessor of the occurrence and shall file all necessary accident report, including those required by law and those required by interested insurance companies

Article 10
Assignment

Assignment by Lessor
10.01. Lessor may assign this Lease or any rights under it at any time without Lessee’s consent, but Lessee shall be obligated to any assignment from Lessor or the assignee. In the event of any assignment, Lessor’s assignee shall have all of the rights, powers, privileges, and remedies of Lessor set forth in this Lease.
Assignment or Subletting by Lessee 10.02. Lessee shall not assign this Lease or any property described in it, or assign any interest in the Lease or property, or sublet any of the leased property.

Article 11
Circumstances Constituting Default

At its option, Lessor may be written notice to Lessee declare Lessee in default on the occurrence of any of the following events:
(a) Failure by Lessee to make rental payments or perform any other of its obligations as set forth in this Lease
(b) Involuntary transfer of Lessee’s interest in this Lease by operation of law.
(c) Lessee’s assignment of any interest in this Lease.

Article 12
Reposession

Upon failure to pay rent or other breach of this contract, Lessor may terminate this contract and take possession of and remove the property from wherever said property may be located. Lessor and its agents are expressly granted the right to enter upon any location where said property may be located for the purpose of taking possession of the property. Lessee herby releases Lessor and its agents from any claim for damage or trespass arising out of the retaking of possession of property. Lessor may, at its sole discretion, report the rental property stolen if held five (5) days beyond Due in” date. At Lessor’s sole discretion, all charges may revert to the daily rate if rental charges are not paid within (10) days of their due date, unless otherwise agreed upon in writing by the Lessor

Article 13
Sale or Encumbrance

Sale or Disposal
13.01. Lessee shall not part with possession or control of sell, or attempt to sell or mortgage any of the leased property or otherwise dispose of any interest under this Lease.
Emcumbrance
13.02. Lessee shall not pledge, encumber, create a security interest in, or permit any lien to become effective on any property leased by this Agreement. On the occurrence of any of these events.

Article 14
Return of Property on Expiration

Lessee’s Duty to Return
On the expiration or earlier termination of this Lease with respect to any item of leased property, Lessee must immediately return the property to Lessor in good repair, condition and working order, less normal wear, tear, depreciation, unless Lessee has paid Lessor in cash the Stipulated Loss Value of such item of property. All property required to be surrendered must be returned in the following manner, as may be specified by Lessor.

Article 15
Amendment and Modification

Additional property may from time to time be added as the subject matter of this Lease as agreed upon by the parties. Any additional property shall be added to the attached Schedule in an amendment describing the property, the rental rate, the term of leasing period, security deposit, Stipulated Loss Value of additional property. All amendments to the attached Schedule must be in writing and signed by both parties. Other than by amendment, modified, or altered in any manner except in writing signed by both parties.

Article 16
Entire Agreement

This Lease and the attached Schedule, which is incorporated by reference and made an integral part of this Lease, constitute the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this Lease or in the annexed Schedule shall be binding on any of the parties unless set forth in writing and signed by both parties

Article 17
Governing Law

This Lease and the attached Schedule, which is incorporated by reference and made an integral part of this Lease, constitute the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this Lease or in the annexed Schedule shall be binding on any of the parties unless set forth in writing and signed by both parties

Article 18
Effect of Partial Invalidity

If one or more of the provisions of this Lease, or the application of any provisions to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this Lease and the application of the provision to the other parties or circumstances shall remain valid and in full force and effect

Article 19
Attorney’s Fees

If collection of any amount due or enforcement of any provisions of this agreement is placed in the hands of an attorney, or suit brought on this agreement, then situs shall be Travis County, Texas, and Lessee agrees to pay a reasonable amount as attorney fees.

Article 20
Notice of Non-Waiver

The failure of Lessor at any one or more times to insist upon strict performance by the Lessee of the conditions and terms of this agreement shall not be construed as a waiver of Lessor’s right to remand strict compliance. Time is expressly made the essence of this Lease.