Rental Policies and Agreement
By renting Our Equipment, You agree to the following Rental Agreement (“Agreement.”)
Rental Period: You (Customer) hereby rent from Us (“NYX Camping, LLC”) the equipment set forth on Exhibit “A”(the “Equipment”) for the Term, and agree to pay Us for rent for the Equipment until we have received the Equipment back from you, during our normal business hours and in the same condition as originally received. This means that the Equipment must be in clean and dry condition. Equipment returned in poor condition (dirty, broken, damaged, lost, etc) will be subject to additional fees.
Rent: In addition to the amounts coming due under any other provision(s) of this contract, You agree to pay Us the rent specified in your invoice, without reduction or setoff, for the periods commencing upon the start date and time of the Term (“Time Out”) and continuing without interruption until returned (the “Actual Time in.”) If You fail to return any Equipment when it is due in, You will continue to pay Us rent on the basis of two (2) times the daily rent (the “Late Fees”), for all additional time elapsed (a “Late Period”) until the equipment is returned to, and accepted by, Us as a premium and not as a penalty. Any Equipment not returned within 1 day following Your rental dates duration will be deemed lost and in addition to Late Fees, You will be charged full Equipment replacement fees. (See also Paragraphs 13, 14 and 15 below)
Security Deposit: You agree that We may deduct any amount you owe from any deposit (whether identified as a ‘Security Deposit’ or otherwise) you have provided to us. The amount of such deposit is not a limit of your liability or responsibility for the Equipment. You will not be entitled to interest on the Security Deposit.
Possession/Title: We own the Equipment, and title in and to the Equipment will remain Ours at all times. We are granting you a license to use and possess the Equipment for the Rental Period, subject to the terms of the Agreement. We will deem Your retention of the Equipment beyond the Term without Our express written consent as a material breach of this Agreement.
Credit Card Authorization: Subject to such limitations as may be set forth in applicable law, You irrevocably and unconditionally authorize Us to immediately submit for payment on the credit card You have provided Us all estimated charges coming due under this Agreement, and You agree to indemnify, defend and hold Us harmless with respect to the same.
Warranty Waiver: The Equipment is provided “as-is” and “with all faults”. We make no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose), nor do we make any warranty against interference, infringement, that the Equipment is fit for your intended use, application or environment, or that it is free from defects (latent or patent). No warranties shall be deemed to exist with respect to the equipment. Your sole remedy for any failure of or defect in or with respect to any of the Equipment is termination of the accrual of rental charges at the time of failure.
Cancellation Policy: You may cancel any Equipment reservations 30 days in advance without incurring a charge. If you cancel within 30 days of the scheduled pick-up date, we will charge you in full. Group and festival rentals may incur larger cancellation fees or may be non-refundable as set forth on Exhibit “A”.
Hold Harmless/Indemnity: You acknowledge that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage and You expressly assume all risks associated with the possession, use, transportation and storage of the Equipment. Accordingly, You hereby waive any and all liens and claims arising from or associated with, and agree to indemnify, defend and hold Us harmless from and against, any and all liabilities, claims, damages, losses, costs and expenses (including without limitation, attorney’s fees, claims for bodily injury(ies) (including deaths), property damage, loss of time/and or inconvenience) resulting from or arising in connection with such possession, use, transportation and/or storage, regardless of the cause and including any injuries and/or damages suffered by You, Your employees and/or any third party(ies), except to the extent directly and solely resulting from Our intentional misconduct.
Receipt/Inspection of Equipment: You acknowledge that You, upon receipt of the Equipment, inspected, examined and accepted the Equipment, and that, as delivered to You, it is safe and in good operating condition and repair and otherwise in all ways acceptable to you.
Equipment Failure: In the event of the Equipment fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, You agree to immediately discontinue use, notify Us, and if directed to do so, return the Equipment to Us.
Use of Equipment: The equipment is authorized for use only by You and You acknowledge that you have the requisite skill, experience, and training to safely use the Equipment. You are authorized to use the Equipment solely at the location set forth in Exhibit “A”, and only for use for its ordinary purpose.
Compliance with Laws: You agree to comply fully, at Your sole cost, with all laws and regulations applicable to the storage, use, and transportation of the Equipment.
Loss or Damage: You are the insurer of the Equipment during the Rental Term. You bear all risk of loss, theft, damage or destruction to the Equipment, regardless of cause (ordinary wear and tear excluded). If the Equipment is lost, stolen, damaged or destroyed during the Rental Term, whether or not the same is Your fault, You will notify Us immediately, and You will pay Us the retail value of the parts and labor necessary to repair the Equipment if damaged, or its replacement cost, if lost, stolen, destroyed or damaged beyond Our reasonable ability to repair it; and in either case, all packing, shipping, handling, storage and other associated costs. Rent previously paid will not be applied to the above-referenced charges and Rent will continue to accrue during all repair and replacement periods.
Care of Equipment: You must protect the Equipment against misuse, exposure to adverse conditions and any other abuse or neglect, ensure that it remains in good operating condition and it returned to Us at the end of the Term in the condition required.
Return of Equipment: You agree to ensure that, upon return to Us, the Equipment will be clean, free of all regulated or hazardous substances (including without limitations, substances identified as “hazardous materials” under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA) and/or any other federal, state or local laws, rules and/or regulations purporting to deal with toxic or hazardous substances), rental-ready, and otherwise is substantially the same order condition and repair as at the Time Out, ordinary wear and tear excepted. You agree to pay a reasonable charge for Equipment returned in any other condition. Any Equipment not returned within 1 day following Your rental dates duration will be deemed lost and in addition to Late Fees, You will be charged full Equipment replacement fees.
Integration: This Agreement represents the complete and final agreement between You and Us and cannot be modified by oral agreement There are no oral or other representations, warranties or agreements not included in this Contract. You acknowledge that this Agreement may be amended only in a writing signed by both You and us.
Applicable Law/Venue: This Agreement and any disputes hereunder shall be governed by the laws of the State of Arizona, and exclusive venue for any disputes hereto shall be adjudged in the state and federal courts located in Maricopa County, Arizona.
Waiver of Jury Trial: Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this Agreement or the subject matter hereof. This waiver pertains to all disputes that may be related to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
Warning regarding Criminal Conversion: The use of false or fictitious identification to obtain rental property, the failure to return rental property or the failure to pay for its use, is a crime and may result in criminal prosecution.
Enforcement: You agree to pay Us all attorneys’ fees and other costs We may incur in enforcing or exercising Our rights under this Agreement, whether or not a suit is filed. If suit is filed, the prevailing party will be entitled to recovery of its reasonable attorney fees and costs.
The outlined terms in the Agreement shall have the following meanings:
EVENT: Country Thunder Arizona
Rental Equipment to include:
- One (1) Nyx Camping tent
- Two (2) self-inflating sleeping pads
- Two (2) camping chairs
Owned* Equipment to include:
*Sleeping bags are for sale only and do not need to be returned to the lender at the end of your term. If you do not want to keep your sleeping bag, Nyx Camping will dispose or donate the bag on your behalf.
LOCATION OF EQUIPMENT USE: Country Thunder Arizona, Florence, Arizona
RENTAL DATES AND FEES:
Stay all nighter – April 10 – April 15, 2019
Tent only - $150.99
Full package - $365.99
Early Bird - April 10– April 14, 2019
Tent only - $120.99
Full package - $305.99
Music Lover – April 11 – April 15, 2019
Tent only - $120.99
Full package - $305.99
Come on timer – April 11 – April 14, 2019
Tent only - $90.99
Full package - $245.99
"Sick" on Monday – April 12 – April 15, 2019 (3 nights)
Tent only - $90.99
Full package - $245.99
Weekend Grinder – April 12 – April 14, 2019
Tent only - $60.99
Full package - $189.99
LATE FEE: $257.00 per day for up to one (1) day
RENTAL PICK UP AND RETURN LOCATION: Your rental package can be picked up and returned at the Nyx Camping vendor booth located at the North West corner of the Starlite preferred camping. The booth will be by the campground info booth and also by the showers.
No smoking, open flames or burners are permitted in or within 5 feet of the tents.
If Country Thunder Arizona does not take place in whole and Country Thunder Arizona cancels the event prior to 30 days of April 9, 2019, your payment will be refunded in full. If a portion of the event does take place or Country Thunder Arizona is cancelled within 30 days of April 2, 2019, no refunds will be granted.