EQUIPMENT LEASE RIDER TO CAMPER VAN RENTAL AGREEMENT
EQUIPMENT LEASE RIDER TO CAMPER VAN RENTAL AGREEMENT
This Equipment Lease Rider ("Lease") is a part of and incorporated in that certain Camper Van Rental Agreement (“CVRA”) between Owner ("Owner"), and _________________ (the "Renter") dated ________, 2022. This Equipment Lease Rider is effective coterminously with the CVRA and is and subject to its terms and conditions.
EQUIPMENT SUBJECT TO LEASE. Renter shall lease the following Equipment (“Equipment”) from Owner:
______________, ___________, _________
PAYMENT TERMS. The total lease payment is due and payable at the time the CVRA is executed by Renter. The lease payment shall be a one time charge of $_______. If the Equipment is not returned at termination of the CVRA, a daily per diem of $_______ shall be paid by Renter through and including the date of Equipment Return.
SECURITY DEPOSIT. In addition to the lease payment, the Renter shall pay a security deposit of $_____ . Any amounts refundable to the Renter shall be paid within 7 day(s) after the Equipment is returned to Owner subject to the option of the Owner to apply it against Lease charges and damages.
LEASE TERM. This Lease shall begin on the above effective date of the CVRA and shall terminate on coterminously therewith unless otherwise terminated in a manner consistent with the terms of this Lease.
CARE AND OPERATION OF EQUIPMENT. The Equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the Equipment, including registration and/or licensing requirements, if any.
ALTERATIONS. Renter shall make no alterations to the Equipment without the prior written consent of the Owner. All alterations shall be the property of the Owner and subject to the terms of this Lease.
OWNER'S RIGHT OF INSPECTION. The Owner shall have the right to inspect the Equipment during the term of the CVRA.
RETURN OF EQUIPMENT. At the end of the Lease term, the Renter shall be obligated to return the Equipment to the Owner at Renter's expense.
ACCEPTANCE OF EQUIPMENT. The Renter shall inspect each item of Equipment delivered pursuant to this Lease. The Renter shall immediately notify the Owner of any discrepancies between such item of Equipment and the description of the Equipment herein. If the Renter fails to provide such notice before accepting delivery of the Equipment, the Renter will be conclusively presumed to have accepted the Equipment as described herein.
OWNERSHIP AND STATUS OF EQUIPMENT. The Equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Owner shall be deemed to have retained title to the Equipment at all times.
RISK OF LOSS OR DAMAGE. The Renter assumes all risks of loss or damage to the Equipment from any cause, and agrees to return it to the Owner in the condition received from the Owner, with the exception of normal wear and tear.
INDEMNITY OF OWNER FOR LOSS OR DAMAGES. If the Equipment is damaged or lost, Renter shall pay all costs to repair or replace first from the Security Deposit and if funds therein are insufficient to cover repair or replacement, then Renter shall pay the shortfall.
INDEMNIFICATION OF OWNER BY RENTER: Lessee agrees to indemnify and hold Owner’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Renter, or for damage to property arising from Renter using and possessing the Equipment or from the acts or omissions of any person or persons, including Renter, using or possessing the Equipment with Renter’s express or implied consent.
LIABILITY AND INDEMNITY. Liability for injury, disability, to Renter or other persons or damage to property caused by using, handling, or transporting the Equipment during the term of this Lease is the obligation of the Renter, and the Renter shall indemnify, defend and hold the Owner harmless from and against all such liability, including attorneys’ fees and court costs.
RIGHTS ON DEFAULT. In addition to any other rights afforded the Owner by law, if the Renter is in default under this Lease, without notice to or demand on the Renter, the Owner may take possession of the Equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Renter responsible for any deficiency. The rights and remedies of the Owner provided by law and by the CRA and this Lease shall be cumulative in nature.
ASSIGNMENT. The Renter shall not assign or sublet any interest in this Lease or the Equipment or permit the Equipment to be used by anyone other than the Renter or Renter's employees, without Owner's prior written consent.
ENTIRE AGREEMENT AND MODIFICATION. This Lease and the CVRA constitute the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of California.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
CERTIFICATION. Renter certifies that the application, statements, trade references, and financial reports submitted to Owner are true and correct and any material misrepresentation will constitute a default under this Lease.
OWNER:
By: ___________________________________ Date: __________________
RENTER:
By: ___________________________________ Date: __________________