RENTAL AGREEM ENT This Cake Rental Agreem ent (“Agreem ent”) is m ade and entered into this ___ day of __________________, 20___, by and between Signature Cakes & Confectionery a/k/a Chocolaterie Maya, LLC (“Com pany”) and ___________________________ (“Custom er”). IT IS UNDERSTOOD AND AGREED THAT ALTHOUGH CERTAIN ITEM S RENTED PURSUANT TO THIS AGREEM ENT M AY BE M ADE OF EDIBLE M ATERIAL, THEY ARE NOT FOR CONSUM PTION BY HUM ANS OR ANIM ALS, BUT RATHER ARE FOR DISPLAY PURPOSES ONLY. PLEASE PAY SPECIAL ATTENTION TO NUM BERED PARAGRAPH 5 “LIABILITY”, SET FORTH BELOW , AS IT W ILL BE THE CUSTOM ER’S SOLE RESPONSIBILITY TO RESPOND IN DAM AGE SHOULD SOM EONE CONSUM E AN ITEM RENTED HEREUNDER, W HERE DEATH OR INJURY RESULTS. 1. Rental. Custom er hereby agrees to lease from Com pany the item s identified on Exhibit 1 (the “Equipm ent”), and as consideration therefore, Custom er agrees to pay the rental fees in the am ounts and within the tim e fram es set forth on Exhibit 1. Custom er and Com pany agree that this Agreem ent shall apply to all Equipm ent leased by Custom er from Com pany and that Com pany m ay, from tim e to tim e, m odify, supplem ent and am end Exhibit 1 to reflect the lease or return of Equipm ent by the Custom er under this Agreem ent. 2. Title to Equipment. Title to the Equipm ent shall rem ain at all tim es with Com pany. No title or right to the Equipm ent shall pass to the Custom er, except the rights herein expressly granted. 3. M aintenance and Alterations. Custom er shall keep the Equipm ent in good condition and shall only use the Equipm ent for its intended purpose. The Custom er shall not change or alter the Equipm ent without Com pany’s prior written consent. Violation of this Section 3 by the Custom er shall void all obligations of Com pany to accept return of the equipm ent at the end of the rental period and will trigger a default hereunder. 4. Term and Termination of Agreement. This Agreem ent shall continue in full force and effect until (a) the Equipm ent is returned by Custom er to the Com pany and all am ounts due hereunder have been paid, (b) the Equipm ent is purchased by Custom er on term s as stated in Exhibit 1, or (c) the Com pany provides written notice of Com pany’s desire to term inate the Agreem ent. Upon term ination of this Agreem ent, the Custom er will surrender, at Custom er’s cost and expense, the Equipm ent in good working order to Com pany. Notwithstanding the term ination of this Agreem ent, Custom er shall continue to be responsible for the paym ent of all charges and costs incurred hereunder through the date of term ination. 5. Liability. During the term of this Agreem ent, the Custom er shall be solely responsible for any loss or dam age to the Equipm ent. The Custom er shall also be solely liable for all claim s, including but not lim ited to workers’ com pensation or claim s for personal injury or dam age to property, arising, directly or indirectly, out of the use of the Equipm ent, including accidental or intentional ingestion. The Custom er hereby assum es and shall bear the entire risk of loss for theft, dam age, destruction or other injury to the Equipm ent from any and every cause whatsoever. No such loss or dam age shall im pair any obligation of the Custom er under this Agreem ent, which shall continue in full force and effect. In the event of dam age to or loss of the Equipm ent (or any com ponent thereof), the Custom er shall pay the total of all unpaid rent paym ents for the entire Agreem ent term plus the m arket value of the Equipm ent prior to such loss or dam age, as stated within Exhibit1, in which case this Agreem ent shall term inate except for any Custom er duties, as of the date such paym ent is received by Com pany. 6. Security Deposit. The Custom er shall pay a security deposit, as set forth within Exhibit 1, at the tim e that this Rental Agreem ent is signed. This deposit will be returned to the Custom er at the term ination of this Agreem ent, subject to the option of the Com pany to apply it against Rental charges and dam ages. Any am ounts refundable to the Custom er shall be paid at the tim e this Agreem ent is term inated by return of all equipm ent set forth in Exhibit 1, in good condition and if applicable, working order, or upon paym ent in full for a loss or dam age. The security deposit shall not bear interest. 7. Payment; Required Credit Card Information. A valid MasterCard, VISA, Discover Card or Am erican Express (which is provided below) is required for the rental and other charges contem plated by this Agreem ent (including paym ent for the Equipm ent in the event of loss or dam age as provided in this Agreem ent). Custom er hereby authorizes the Com pany to charge the credit card provided below to pay for the charges covered by this Agreem ent. Custom er hereby certifies that the inform ation provided below is true and correct as of the date given and will rem ain true and correct throughout the term of this Agreem ent.
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Custom er agrees to prom ptly update the inform ation below in the event it changes.
Credit Card Num ber: ___________________________________ Expiration Date: ___________________________ Nam e as it appears on Credit Card: _____________________________________ Card Type: [ ] MasterCard [ ] VISA [ ] Discover Card [ ] Am erican Express 8. Default. If the Custom er defaults in any perform ance required herein for a period of 30 days, then (i) this Agreem ent m ay be term inated by the Com pany, (ii) the Com pany shall have the right to enter the Custom er’s prem ises, or other location where the Equipm ent m ay be stored and rem ove the Equipm ent, without notice, and (iii) the Com pany shall be entitled to pursue any other rem edies available to it at law and in equity. 9. No W aiver. W aiver of breach or failure to strictly enforce the term s of this Agreem ent shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conform ance with the term s of this Agreem ent. 10. W arranties. THE COMPANY MAKES NO REPRESENTATIONS OR W ARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR W ARRANTIES W ITH RESPECT TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, MERCHANTABILITY OR INTENDED USE. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CO NSEQ UENTIAL DAMAGES INCLUDING LOSS OF PROFITS, RESULTING FROM ANY FAILURE OF THE EQUIPMENT OR ANY PERFORMANCE BY COMPANY. 11. Governing Law . This Agreem ent has been consum m ated within the State of New York and shall be construed in accordance with the laws of the State of New York. Custom er agrees to subm it to the jurisdiction of New York State, specifically, the courts within the County of Putnam . 12. Entire Agreement. This Agreem ent, and its Exhibit 1, including the term s and conditions referenced below, constitutes the entire Agreem ent between the parties on the subject m atter contained herein. This Agreem ent supersedes all prior oral or written agreem ents between the parties. This Agreem ent m ay be am ended only as m utually agreed upon in writing. IN W ITNESS W HEREOF, the parties have executed this Agreem ent as of the date first above written. CUSTOM ER:
_____________________________________ Custom er Nam e
Signature Cakes &Confectionery a/k/a Chocolaterie M aya, LLC
_________________________________________ Signature _____________________________________ Title, if any
_______________________________________ Signature ____________________________________ Title
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