Gary's Goodtime Karaoke

512 N. Waters Edge Drive, Durham, NC 27703
919-596-GARY (4279)

Rental Agreement

GARY'S GOODTIME KARAOKE ("LESSOR") hereby leases to the Customer named in the attached contract, and Customer hereby hires from Lessor, a karaoke system ("equipment") described on said contract according to the following terms and conditions: Customer agrees to pay to Lessor as rent for the karaoke system the Lessor's regular rental rate immediately upon receipt of an invoice therefor. Upon any default by Customer, Customer shall be liable for all costs of collection, including reasonable attorney's fees.

Customer shall immediately inspect the equipment upon set-up after receipt thereof. Unless Customer within said period of time gives written notices to Lessor, specifying any defect in or other proper objection to the equipment, Customer agrees that it shall be conclusively presumed, as between Lessor and Customer, that Customer has fully inspected and acknowledged that the karaoke system in in good condition and repair, and that Customer is satisfied with and has accepted the equipment in such good condition and repair. Any use of the equipment shall be deemed acceptance of said equipment by Customer.

Rental rates begin when the karaoke system leaves Lessor's business office for delivery and continue until returned as stated in rental contract. Any use over that which is specified in said contract will be charged at twice the regular agreed to rate.

Upon failure by Customer to pay rent or any other breach by Customer of this contract, Lessor may terminate this contract without notice or demand and take possession of and remove the equipment. Lessor and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.

The term of this Agreement shall be for one day, unless otherwise agreed. Failure, refusal or neglect to make the equipment available for pickup or to return the equipment within 72 hours after the agreed rental period has expired, or the presenting of false, fictitious or misleading identification to the Lessor shall be prima facia evidence of intention to commit theft.

Customer agrees that the equipment shall be used only by persons competent in the operation thereof, and further agrees that he is solely responsible for providing competent operators. Customer shall use the equipment in a careful and proper manner and shall comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment.

Customer agrees to immediately notify Lessor in the event of any accident. Customer shall indemnify Lessor against, and hold Lessor harmless from all claims, actions, proceedings, costs, expenses, damages, and liabilities, including attorney's fees arising from or connected with Customer's possession, use, operation, or return of the equipment. Customer also agrees that Lessor shall not be liable for any incidental or consequential damages caused by delays or otherwise.

Customer agrees to return the karaoke system to the Lessor in good repair, condition, and working order. All equipment lost or damaged beyond repair shall be paid for at the regular replacement price. All damaged equipment which may be repaired will be repaired by the Lessor, and the cost of such repairs shall be paid by the Customer.

Customer hereby assumes and shall bear the entire risk of loss and damage to the equipment from any and every cause. No loss or damage to the equipment or any part thereof shall impair any obligation of the Customer under this Agreement which shall continue in full force and effect.

Customer shall keep the equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof as determined by the Lessor. Customer shall carry public liability and property damage insurance covering the equipment.

LESSOR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

No covenant or condition of this Agreement may be waived except by the written consent of the Lessor.

This Agreement constitutes the entire agreement between Lessor and Customer and supercedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. It shall not be amended, altered, or changed except by a written agreement signed by both parties hereto.