GET REFURNISHED INCORPORATED
FURNISHINGS RENTAL AGREEMENT
Dated: Month Day Year
Between: Get ReFurnished Incorporated (the “Lessor”) and the ‘rentor’ (the “Lessee”)
In consideration of the payments stipulated in the ‘Shopping Cart’, Lessor and Lessee agree to enter into this Agreement.
Under the Terms and Conditions of Furnishings Rental Agreement attached to this sheet as Appendix 1 and forming part of this Agreement, Lessor agrees to lease to Lessee the furnishings identified in the “shopping cart”, for use at such location and at such rental rate and for approximately such rental time as is stated in the ‘Shopping Cart’.
Lessor and Lessee, for themselves and their successors and permitted assigns, agree to the full performance of the terms and covenants contained in this Agreement.
The parties have executed this Agreement written above. By checking the ‘I Agree’ box from the Get ReFurnished website, Lessee acknowledges reading and understanding this Agreement, including the attached Terms and Conditions of Furnishings Rental Agreement (Appendix 1) which Lessee acknowledges and agrees form part of this Agreement.
GET REFURNISHED INCORPORATED (Lessor)
TERMS AND CONDITIONS OF FURNISHINGS RENTAL AGREEMENT
The terms and conditions of lease here below stated, together with the Agreement set forth constitute a binding contract between the parties therein named which contract is hereinafter referred to as “this Agreement”.
- Rental Period. The Rental Period shall cover all time consumed in transporting the furnishings, including the date of delivery to the carrier selected by Lessor for transit to Lessee, and upon return of the furnishings, the date of delivery by such carrier or other carrier approved by Lessor, to Lessor.
- Rental Charges. Lessee shall pay rental for the entire Rental Period on each item of furnishings identified in, and at the rate stipulated in, the List of Furnishings, and in accordance with the following:
(a) The Rental Period is renewable by Lessee so long as advance rental payments are made on or before the successive due dates with no grace period or late payments.
(b) Rental Rates shall not be subject to any deductions or refunds in the event the furnishings are returned to Lessor before the end of the Rental Period.
The rent for each and every item set forth in the List of Furnishings shall be the amount therein designated and is payable in advance on Lessee’s execution of this Agreement. Where the Rental Period is renewed, rent for each and every item set forth in the List of Furnishings is payable on the first day of each renewed Rental Period. In addition, Lessee is required to pay delivery and pick up charges together with all applicable taxes upon Lessee’s execution of this Agreement and on the first day of any Rental Period renewal.
4. Security Deposit.
Any security deposit paid by Lessee to Lessor is paid to guarantee Lessee’s full and faithful performance of all terms, conditions and provisions of this Agreement. If Lessee shall so perform, an equal sum shall be repaid without interest to Lessee at the termination of this Agreement.
5. Maintenance and Proper Use.
Lessee shall not alter or disfigure any of the furnishings, nor remove any of the furnishings from the location of use referred to in the List of Furnishings. Lessee shall prevent the furnishings from being subjected to careless, unusual, inappropriate or improper usage and shall use the furnishings only for the purpose identified in the List of Furnishings. Lessee further agrees that if the rental is for staging purposes, the furnishings are not to be used in any other manner.
Lessor agrees to fix any furnishings not in proper working order at no additional cost to Lessee, provided such condition is not the result of conduct of Lessee or third parties. Lessor will not be responsible for unauthorized repairs performed by others.
Lessor represents that the furnishings are in proper working order for the purpose identified in the List of Furnishings. However, Lessor makes no representations or guarantees regarding any outcome from the rental or use of the furnishings, including, in the case of staging, the successful sale or rental of property.
Lessee shall indemnify Lessor and its directors, officers, employees and authorized representatives against, and hold all of such parties harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including legal fees, arising out of, connected with, or resulting from the furnishings or the rental thereof, including without limitation, the selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the furnishings. Lessee agrees that this indemnity shall extend to all loss and damage to the furnishings during the Rental Period. Lessee recognizes and agrees that included in this indemnity provision is Lessee’s assumption of any and all liability for injury (or death) to persons or property caused by the use, operation, control, handling or transportation of the furnishings during the Rental period.
9. Risk of Loss.
Lessor shall not be responsible for loss or damage to property, material or equipment belonging to Lessee, or any agents, employees, suppliers or family members, guests or visitors, of Lessee, during the Rental Period. Lessee is encouraged to obtain appropriate insurance against such risk of loss. Lessee and its insurers waive all rights of subrogation against Lessor for such loss.
Lessee shall inspect the furnishings within two (2) business days after receipt thereof. Unless Lessee within such period gives written notice to Lessor specifying any defect in or other proper objection to the furnishings, Lessee agrees that it shall be conclusively presumed as between Lessor and Lessee, that Lessee has fully inspected the furnishings and acknowledged that the furnishings are in full compliance with the terms of this Agreement, in good and proper condition and repair, and that Lessee is satisfied with and has accepted the furnishings in such condition and repair. Upon reasonable notice to Lessee, Lessor shall be entitled to access to the location of use identified in the List of Furnishings in order to inspect the furnishings.
Lesse agrees to keep the furnishings insured, at Lessee’s own expense, against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof, and shall carry public liability and property damage insurance covering the furnishings and their use and handling for the amount of [Two Hundred Fifty Thousand Dollars ($250,000)] or other reasonable amount specified by Lessor. Lessee shall provide Lessor with evidence satisfactory to Lessor, upon request by Lessor, of such insurance coverages.
Lessor shall at all times retain ownership and title of the furnishings. Lessee shall not encumber, pledge, or permit any lien to be placed on the furnishings, and Lessee shall give Lessor immediate notice in the event that any of the furnishings are levied upon or are about to be become liable to or is threatened with seizure. Lessee shall indemnify Lessor against all loss or damage caused by any such action.
If (a) Lessee defaults in respect of any rental payment; or (b) Lessee defaults in the performance of any other covenant in this Agreement and such default continues for five (5) days after written notice thereof by Lessor; or (c) Lessee becomes insolvent or bankrupt; or (d) Lessee applies for or agrees to the appointment of a receiver, trustee or liquidator under the Bankruptcy and Insolvency Act (Canada) or under any other law providing for relief of debtors, Lessor shall have the right to exercise any one or more of the following remedies:
(i) to declare the entire Rental Amount hereunder immediately due and payable as to any or all furnishings, without notice or demand to Lessee;
(ii) to sue for and recover all Rental Amounts, and any other payments, then accrued or thereafter accruing, with respect to any or all of the furnishings;
(iii) to take possession of any or all of the furnishings without demand or notice, or legal process. Lessee hereby waives any and all damages occasioned by such taking of possession. Any such taking of possession shall not constitute a termination of this Agreement as to any or all of the furnishings unless Lessor expressly so notifies Lessee in writing;
(iv) to terminate this Agreement as to any or all of the furnishings; and,
(v) to pursue any other remedy at law or in equity.
Despite any such repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of Lessee to be performed under this Agreement. Lessee shall pay Lessor all costs and expenses, including legal fees, incurred by Lessor in exercising any of Lessor’s rights or remedies under this Agreement or in enforcing any of the terms, conditions or provisions of this Agreement.
14. No Subletting/Assignment.
No furnishings shall be sublet by Lessee, nor shall Lessee assign or transfer any interest in this Agreement without the prior written consent of lessor, which consent may be unreasonably withheld. Lessor may assign this Agreement without notice. Subject to the foregoing, this Agreement extends to the benefit of, and is binding upon, the successors, heirs, executors and administrators, as the case may be, of the parties.
15. Remedies Cumulative/No Waiver/Severability.
All remedies of Lessor under this Agreement are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of Lessor to exercise and no delay on Lessor’s part in exercising any remedy or right, shall operate as a waiver thereof; nor shall any single or partial exercise by Lessor of any remedy or right hereunder preclude any other or further exercise thereof or the exercise of any other remedy or right. If any term or provision of this Agreement is determined to be invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this Agreement.
16. Release and Waiver.
Lessee acknowledges and agrees that Lessor is not liable for any personal injury or property damage during installation, use and/or removal of the furnishings. Lessee further acknowledges and agrees that installation of mirrors, artwork, wall hangings and other furnishings may require hooks and/or nails to be placed in walls or property. Upon removal, holes, scratches and other marks will be left. Repairs necessitated by such removal will be the responsibility of Lessee.
17. Limitation of Liability.
Lessee agrees that in no event shall the total liability of Lessor, its directors, officers, employees, agents, contractors and/or suppliers under this Agreement exceed the Rental Payments paid by Lessee.
18. Photography and Publicity Release.
Lessor shall have the right to photograph and otherwise record the location of use of the furnishings, both before and after installation of the furnishings, and to use and reuse all such photographs and recordings in any media now known or hereafter developed, worldwide in perpetuity for advertising, trade, promotion and publicity purposes, without further notification or permission, and with no remuneration to Lessee. Lessee agrees that Lessor may use all or any part of such photographs or recordings and may alter or modify them regardless of whether or not the location of use is identifiable. Lessee further agrees that Lessor shall own all rights, title and interest (including, without limitation, all copyrights) in all such photographs and recordings, and releases Lessor from any claims or liability arising out of the recording or use thereof.
(i) This Agreement is governed by the Laws of Ontario; and,
(ii) This Agreement constitutes the entire agreement between Lessor and Lessee; there are no other agreements, written or oral; and this Agreement shall not be altered or amended except by a written instrument signed by Lessor and Lessee.