Air Travel Case RentalSpokane Bicycle Club LEASE AGREEMENT This Lease Agreement ("Lease") is made _____________________ ______, 20_____, between Spokane Bicycle Club ("SBC"), and ______________________________________ ("Lessee"). It is agreed: 1. Lease. SBC leases to Lessee, and Lessee leases from SBC, a Bicycle Travel Case ("Case") on the terms and conditions described in this Lease. 2. Disclaimer of warranties and waiver of defenses. a) No warranties by SBC. SBC MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO ANYONE, AS TO THE FITNESS, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY, PERFORMANCE OR ANY OTHER ASPECT OF THE CASE OR ITS MATERIAL OR WORKMANSHIP. SBC further disclaims any liability for loss, damage, or injury to Lessee or to third parties as a result of any defects, latent or otherwise, in the Case whether arising from SBC*s negligence or application of the laws of strict liability. Lessee leases the Case "as is." Lessee has made an inspection of the Case and parts, and acknowledges that the "Statement of Condition" attached to this Lease fairly describes the Case and lists the parts included in the Case. b) Waiver of indirect damages. Regardless of cause, Lessee will not assert any claim against SBC for any loss or any other indirect, special, or consequential damages, nor shall SBC be responsible for any damages or costs which may be assessed against Lessee. c) Lessee warrants that she or he is a current member of the SBC. 3. Term and rent. The Lease term shall commence on the date that the Case is picked up by Lessee on ____________________ ______, 20_____ ("Commencement Date"). The term shall continue until Lessee returns the Case to SBC's designated agent ("Agent"). Lessee estimates that the Case will be returned to the Agent on _____________________ ______, 20_____ ("Anticipated Termination Date"). The rental rate for the Case is calculated as follows: First seven days (including the Commencement Date of this Lease): $10.00. The next 14 days (including the Anticipated Termination Date): $1.00 per day. Each day thereafter (including the Anticipated Termination Date): $2.00 per day. Each day after Anticipated Termination Date: $20.00 per day. 4. Lessee shall pay SBC advance rental in full for the anticipated term of the Lease. Advance rentals shall not be refundable if the Lease is cancelled by the Lessee or the term is less than that anticipated. 5. SBC termination before Lease. SBC will make every effort to make the Case available to Lessee on the Commencement Date of this Lease; however, if due to circumstances beyond SBC's control, the Case cannot be made available to the Lessee, this Lease shall be deemed canceled without liability to SBC. 6. Care and use. Lessee, at its own cost and expense, shall maintain and keep the Case in good repair, condition and working order, shall use the Case lawfully and shall not alter the Case. 7. Redelivery. Upon expiration or earlier termination of this Lease of the Case, Lessee shall deliver the Case, and all of its parts, at Lessee's expense to SBC's Agent clean and in good repair, condition and working order, ordinary wear and tear resulting from proper use excepted. If upon expiration or termination, the Lessee does not immediately return the Case to SBC, Lessee shall pay $3.00 per day beyond the Anticipated Termination Date of the Lease. It is Lessee's responsibility to coordinate with SBC's Agent the time and date the Case will be delivered to the Agent. 8. Risk of loss and Guarantee of Payment. Lessee shall bear all risks of loss and damage to Case or any of its parts from any cause; occurrence of such loss or damage shall not relieve Lessee of any obligation hereunder. In the event of loss or damage, SBC, at SBC*s option, shall: (a) place the damaged Case in good repair, condition and working order; or (b) replace the lost or damaged Case with a similar Case. Lessee guarantees payment (and SBC is so authorized to charge that card for those purposes) of this Lease, and the cleaning, repair and/or replacement of the Case with the following Credit Card: Q VISA Q MasterCard Q American Express Q Discover Card Number: __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __. Expires: ____ / ____ 9. Indemnity. Lessee shall indemnify and hold SBC harmless against any and all claims, actions, suits, proceedings costs, expenses, damages, and liabilities, including attorney*s fees, arising out of, connected with, or resulting from the Case or the Lease. 10. Time of essence. Time is of the essence in this Lease. 11. Entire agreement; modification. This Lease, with attachments, contains the entire agreement between SBC and Lessee. No modification of this Lease shall be effective unless in writing and executed by an Agent of SBC. 12. Governing law. This Lease shall be governed by the laws of the State of Washington; venue of any action shall be in Spokane, Washington. 13. Receipt of Payment. SBC's Agent acknowledges receipt of $___________________ from Lessee. 14. Cleanliness. LESSEE SHALL CLEAN BIKE BEFORE LOADING IT INTO THE CASE. Accepted: Spokane Bicycle Club by: by: (Lessee) (Address) (Phone) SBC's Leasing Agent: Steve Sauser 8008 E. Maringo Rd Spokane, WA 99212 (509) 922-7249 |
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Spokane Bicycle Club Last updated December, 2000
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