1. PICKUP: Member agrees to pick up the equipment only at the time and place specified by Illumine. At pickup, Member will complete the necessary information on the equipment check out sheet.
2. CONDITION OF EQUIPMENT: Member agrees to inspect the equipment upon pickup and immediately notify Illumine of any observable damage or defects in the equipment. Member agrees to return the equipment in the same good working condition in which it was received. If the equipment is damaged for any reason while it is in the possession of the Member, or not returned within the requested period of time, for any reason, the Member agrees to pay any amounts due to Illumine for any and all costs of recovering, repairing, or replacing (including reasonable attorney fees and court costs) the equipment. Illumine in its sole discretion, reserves the right to deny lending of any equipment, or to repossess or recover any equipment at any time. Failure to clean the equipment before returning will result in a $150 cleaning fee. There is a minimum fee of $50 if the moving truck is not filled with gas.
3. BREAKDOWN OF EQUIPMENT: If any of the equipment becomes unsafe or in need of repair, Member agrees to immediately stop using it and contact Illumine as soon as possible. Illumine is not responsible to Member, any other person or entity, for injury, loss, or damage from a defect in, problem with, misuse of, continued use after the equipment becomes unsafe or in need of repairs.
4. ASSUMPTION OF RISKS: Member acknowledges that the activities to be engaged in during the Member’s possession and use of equipment, bring with both known and unanticipated risks to self or one’s guests and invitees. Members voluntarily assume all risks associated with the use and tension of the equipment.
5. RELEASE AND INDEMNIFICATION: Member knowingly, feely and voluntarily waives and releases any and all claims against Illumine and further agrees to indemnify and hold Illumine harmless from any and all liability, claims, demands, actions, proceedings, costs, damages, injuries, and expenses (including attorney fees and court costs), whether south by Member or by any other person or entity, which may arise out or in any way connected with the equipment while in Member’s possession.
6. INSURANCE: Member warrants and represents that the Member has adequate insurance, with liability insurance coverage for bodily injury and property damage, to fully cover the Member and other parties from the risks associated with using the equipment, and hereby waives the right of the Member’s insurance company to bring any type of action or proceeding on behalf of the Member against Illumine whether by assessment claim, subrogation, or otherwise.
7. SUPERVISION: Member agrees to supervise the equipment and the use of the equipment at all times while it is in the Member’s possession, to ensure compliance with instructions for use of equipment, which Member acknowledges having received from Illumine, if applicable.
8. WARRANTIES: Member expressly acknowledges that Illumine does not warrant that the equipment is fit for Member’s particular use or any particular purpose, and the Member is solely responsible for the selection and proper us of the equipment. Regardless of any guidance that may be to Member by Illumine regarding the equipment, Member warrants that the Member obtains required knowledge and wherewithal to inspect and operate the equipment and that Illumine is not responsible for providing training to operate, transport or repair the equipment.
9. NO GUARANTEE AVAILABITY: Illumine cannot guarantee the availability or property operation of the equipment. All equipment will be lend on a first come, first served basis. Any equipment which is in need of repair will not be available for borrowing. The timetable for repairing any equipment will be solely within the discretion of Illumine.