Terms of service

 Vavrek Enterprises LLC d a / Rocker Locker 718 Thompson LN STE 108-327 Nashville, TN 37204
RENTAL AGREEMENT
AGREEMENT between Vavrek EnterprisesLLC dba/Rocker Locker (*Lessor") and you (*Lessee") governing the rental of specific property from Lessor by Lessee as herein provided.
1.
Terms of Rental
(a)
This is a rental agreement only and by signing the related rental order form (hereinafter, the "Order Form"), Lessee agrees to all
Property that occurs during return delivery to Lessor, if made by any carrier other than Lessor. Lessee shall solely bear the cost of any insurance it purchases on the Rented Property in connection with its return delivery to Lessor.
(c Rented Property returned late, for any reason, shall continue to accrue rental charges at rates applicable under t h eOrder Form.
7. Lessee'sResponsibilityt oRepairo rReplaceT h eProperty
(a) In t h ee v e n tof l o s s ,destruction, mysterious disappearance of or
damage to the Rented Property, or any part thereof, by any cause
whatsoever, during the period of the Agreement, or while the Rented Property is in the possession or under the custody and/or
control of Lessee, or Lessee's employees, agents and/or representatives, Lessee shall be liable to Lessor for the full replacement value of the leased property so lost, destroyed, damaged, or stolen. Lessee will cooperate with Lessor in Lessor's efforts to recover under any insurance policy that may cover the loss of the Rented Property.
(b) Should the Rented Property not be in serviceable condition
upon return to Lessor, as ascertained by an inspection thereofby Lessor, Lessorwill do al things necessary to place said Rented Property in serviceable condition, the rental term shall continue for such period during which Lessor is placing said Rented Property in serviceable condition, and Lessee shall be responsible for paying rental charges for the time period by which the rental terms is extended but only for the actual loss sustained, such charges will not exceed the value of the equipment.
8. Equipment Security
(a) As acondition to leasing the Rented Property, Lessee may be required to provide Lessor with a security deposit for the full replacement value of the Rented Property. A security deposit may, at Lessor's discretion, be given in the form of an authorization to
charge Lessee's credit or debit card for the amount of the security deposit in the event the Rented Property is not returned, returned
late or in disrepair.
(b) In the event the Rented Property is not returned in good, safe, and
serviceable condition, Lessor will be entitled to keep Lessee's security deposit and apply said deposit towards any fees imposed upon cancellation, late return fees, thecost of anyrepairs needed to the Rented Property and the replacement of the Rented Property if it is a total loss.
(c) Lessor's recourse to Lessee's security deposit is not Lessor's exclusive remedy for Lessee's breach of this Agreement and, therefore, even ifLessor keeps Lessee's Security Deposit, Lessor shall remain entitled to pursue available legal or equitable remedy for any damages it suffers as a result of Lessee's breach of any provisiono fthis Agreement.
9. Cancellation Policy
(a) To cancel an order, Lessee must give written notice delivered by
10:00 a.m. on the day prior to t h edate the Rented Property is due to arrive at its delivery destination. Notice must be delivered by email to the following address, [email protected].
(b) Orders cancelled after 10:00 a.m. on the date prior to the date the Rented Property is due to arrive at its delivery destination, but not
terms and conditions in the Order Form and to those set forth in this on-line rental agreement (hereinafter, the "Agreement"). In the event of a conflict between the terms of this Agreement and the
Order Form, the terms ofthe Order Form shall govern.
The property leased under this Agreement by Lessee shall be hereinafter referred to as the "Rented Property".
Durationo ft h i sAgreement
This Agreement shall commence upon receipt of the Rented
Property by Lessee or Lessee's agents and continue until the Rented Property is returned to o rpicked up by Lessor.
Rental Is Not a Sale This is a rental agreement only, and all right, title, and property interest in the Rented Property remains at all times with Lessor. No part of the Rented Property that is leased pursuant to this Agreement shall be deemed the property of the Lessee, nor shall Lessee acquire any proprietary interest or security interest in the Rented Property by virtue ofthis Agreement or any oral representation. None o f the Rented Property may be transferred, sold, assigned, or pledged pursuant to this Agreement.
4.
Lessee'sResponsibilityt oP r o t e c tt h eRented Property/Limitationso nUse
(a)
Lessee shall, at all times after delivery and acceptance of the
Rented Property maintain said Rented Property in good condition and will not permit any practice that will injure or damage the Rented Property in a n ymanner whatsoever.
(b)
The Rented Property shall be used only by the Lessee and/or its employees and independent contractors, Lessee's clients, employees or independent contractors engaged bysaid client.
(c)
Lessee agrees to use Rented Property in accordance with the manufacturer's specifications and not to alter the Rented Property.
5.
Receipto fPropertyi nGoodCondition
(a)
The receipt by Lessee of the Rented Property described on the Order Form shall constitute acknowledgement that the Rented
(b)
2. (a)
3.
Property is in good, safe, serviceable condition, reasonable wear and tear excepted and fit for the use for which i thas been rented. Lessee agrees to notify Lessor, in writing, of al defects and impediments to intendeduse within 24 hoursofdelivery.
б.
Lessee'sResponsibilityt oR e t u r nR e n t e dPropertv/Timeliness (a)
Lessee is responsible for the safe and timely return ofthe Rented Property. All items must be returned in the same condition
received. Should Lessee fail to return all Rented Property in the same condition received. Lessee agrees to reimburse Lessor for the repair of any item returned damaged or destroyed or replacement value of any item not returned, payment to be immediately due and pavable.
(b)
It is the Lessee's responsibility to return al equipment, freight prepaid, to the Lessor's office of origin unless alternative arrangements have been made in writing and approved by Lessor.
Lessee is responsible for any loss or damage to the Rented
(b)

 delivered, are subject to the following terms: (1) A restocking fee equal to 50% of the original amount of the cancelled order plus applicable sales tax; plus (2) 100% of any subcontracted services; plus (3) any applicable contracted labor charges and labor will be subject to a minimum of four man-hours.
(c) Orders that are cancelled upon delivery are subject to the same terms as Section 9(b) plus one-way delivery charges.
10. Lessee's Additional Orders Under This Agreement. Lessee may place orders for additional RentedProperty by communicating Lessee's request in writing v i a email to Lessor. Lessee's assent to the terms of this Agreement constitutes authorization for its agents and employees to place orders for Rented Property solely by submitting Lessee's request in writing and without re-executing this Agreement.
11.
Lessee's Indemnification ofLessor
(a)
Lessee agrees to, and does hereby, defend, indemnify, and hold harmless Lessor against any and all loss, damage, expense and
penalty, including costs, expenses, and reasonable attorneys' fees, arising from any and all causes of action on account of or in connection with: (i) any injury to person or property of any character whatsoever occasioned by the operation or handling of the Rented Property both during the rental period, and thereafter until the Rented Property is returned to the custody of Lessor; or (ii) the breakdown or failure of the Rented Property, and/or any part or parts thereofduring the rental period termorthereafter until the Rented Property returns to the custody of Lessor, including, but not limited to, the costs or damages of musicians, vocalists, concert or event promoters, sponsors or investors, except to the extent caused by the gross negligence or willful misconduct of Lessor.
12.
Limitation ofLiability
(a) Lessee agrees that, to the fullest extent permitted by law, Lessor,
or its agents, officers, directors, employees, or shareholders ("Lessor's Agents*) shall not be liable to Lessee for any special, indirect or consequential damages whatsoever, whether caused by Lessor, or Lessor's Agents', negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including butnot limited to, loss of use ofequipment or facility, and loss of profits or revenue.
Lessee further agrees that, to the fullest extent permitted by law, the total liability of Lessor and Lessor's Agents, to Lessee, for any and al injuries, claims, losses, expenses or damageswhatsoever arising out of or ni any way related to the rentalof the property, from any cause or causes includingbut not limited to Lessor's, or Lessor's Agents', negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the amount Lessee has paid to rent the property.
13. Entire Agreement. This Agreement contains the entire agreement
of the parties hereto concerning the subject matter contained herein and supersedes any other prior written, or oral, agreements b e t w e e n them. There are no representations, agreements, arrangements or understandings between the parties hereto concerning the subject matter of this Agreement, whether oral or written, which are not fully expressed or referenced in the Agreement.
14.
Choice ofLaw. The parties agree, without regard toconflict of laws principles, that the Agreement shall be interpreted and governed by the laws of the State of Tennessee and that all
claims and disputes arising from or concerning this Agreement shall be decided in accordance with the substantive law and statutes of the Stateof Tennessee.
15.
Arbitration and Choice of Forum.
(a)
Any dispute arising out of or relating t o the Agreement, its interpretation or application, or any future issue between the
parties, shall be resolved by final and binding arbitration before one arbitrator designated by the American Arbitration Association, pursuant to the then prevailing rules of the AAA
for the resolution ofcommercial disputes, in DavidsonCounty, Tennessee. The arbitrator'sdecision shall be finaland binding and subject to confirmation in any court o fcompetent jurisdiction with the prevailingparty being awarded reimbursement ofthearbitration filing fees, the arbitrator's fees, any court filing fees andcosts incurred in obtaining court confirmation, and any court filing fees and costsincurred in defending or pursuing any court appeals with respect to the arbitrator's decisions.The arbitrator shall determine the validity, enforceability, and scope of this arbitration provision and of this Agreement.
(b)
The parties irrevocablyand unconditionally (i) agree that any judicial proceeding relating t osuch arbitration proceedings shall be brought in a court with subject matter jurisdiction located in Davidson County, Tennessee, (ii) consent to the exclusive jurisdiction of such a court in any such proceeding, and (iii waive any objection to thelaying of venue of any such
proceeding in any such court. The parties also irrevocably and unconditionally consent to the service ofany process, pleadings, notices or other papers in connection with any such judicial proceeding and submitto personal jurisdiction in such venue
16.
Ruleo fConstruction. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
Rev. 05/02/25