The Press & Dragon Wagons, Inc. ("Lessor") hereby leases to the person named above ("Customer"), and Customer herby hires from Lessor, the equipment shown below, on the following terms and conditions.
1. Customer shall inspect the equipment prior to the removal from the business premises of Lessor. Customer agrees that it shall be conclusively presumed, as between Customer and Lessor, that the Customer has fully inspected and acknowledged that the equipment is in good condition and repair, and that the Customer is satisﬁed with and has accepted the equipment is in good condition and repair.
2. The term of this agreement shall be from the time equipment is removed from Lessor’s premises until the time it is returned to the Lessor's premises but no later than 7:15 pm that same day. Failure to return equipment by 7:15 pm that same day or the presentation of false, ﬁctitious or misleading identiﬁcation to Lessor shall be prima facie evidence of intent to commit theft. Customer agrees that failure to return lease equipment by 7:15 pm that same day shall forfeit deposit.
3. Customer agrees that the equipment shall be operated by persons competent in the operation thereof and further agrees that he is solely responsible for providing competent operators. Customer shall not allow the equipment to be operated by children. Customer assumes all risk and liability for accidents and injuries arising from the operation of equipment by children, whether or not supervised. Customer shall use the equipment in a careful and proper manner.
4. Customer agrees to notify Lessor immediately in the event of any accident or injury. Customer shall indemnify Lessor against and hold Lessor harmless from all claims, causes of action, proceedings, costs, damages and liabilities, including attorney’s fees to any and all parties arising from the Customer's use, possession, operation, manipulation, or return of equipment. Lessor shall not be liable for, and disclaims any liability for incidental or consequential damages arising from this contract.
5. Customer agrees to return equipment to Lessor in good repair, like condition as when removed and in working order. All equipment or parts list or damaged beyond repair shall be paid for at the regular replacement costs. All damaged equipment which may be repaired will be repaired by Lessor or his agent, and the cost of said repairs shall be paid by Customer.
6. Customer, by acceptance of this agreement, hereby assumes and shall bear the entire risk of loss or damage to the equipment from any and every cause during rental period. No loss or damage to the equipment or any part thereof shall impair any obligation of the customer under this agreement.
7. Customer agrees that any deposit on rental shall and may be applied directly to any repairs or replacements deemed necessary upon return of equipment.
8. Customer agrees that any and all disputes under this contract shall be subject to the laws of Texas and venue for any contest shall lie in the county of Tarrant, Texas
9. In the interest of customer safety, we have a strict weight limit for our scooters. This weight limit is set by the manufacturer for each mobility scooter. We adhere to a strict weight limit of 325 lbs. No Exceptions, these regulations are in place for the protection and safety of our customers.