College Kegerators - Rental Agreement


	Kegerator Rental Agreement


	THIS INTENDED TO BE A LEGALLY BINDING CONTRACT, INCLUDING THE SPECIFIC AND GENERAL TERMS DESCRIBED BELOW. IF NOT UNDERSTOOD, LESEE (S) IS ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL COUNSEL. Watering Hole Kegerators, LLC. (parent of College Kegerators) hereinafter know as "Lessor" and renters name stated in the Invoice (the customer information provided by the customer when renting through CollegeKegerator(s).com) hereinafter know as "Lessee(s)" agree as follows: SPECIFIC TERMS: NOTICE OF STATUS OF LESSOR: The address of the Lessor, for purposes of service process, notices and demands is P.O. Box, 270101 Louisville, CO 80027 INTENT: The Lessee(s) hereby agree to lease the 'kegerator" described as Draft beer dispensing equipment. LOCATION: The Lessee agrees to permanently locate, store and keep the "kegerator" in the shipping address stated in the Invoice. At no times, under any exception shall the kegerator be located at any physical address other than the one delivery address stated in the Invoice. If the kegerator is found to be anywhere other than the following address, than the Lessee(s) agrees to forfeit any monies collected as well as any damage deposit held and agrees this agreement is no longer enforceable. TERM OF LEASE: This agreement shall begin on the date the beer dispensing equipment is delivered to the Lessor at which time Lessee(s) shall be entitled to possession of the "kegerator". This lease is a: FIXED TERM for the rental period stated in the Invoice. A fixed term lease terminates upon the expiration of the agreed upon term, subject to the Holdover, Default and Termination provisions of this agreement. This agreement shall terminate on the day in which the rental period stated in the Invoice has ended, at which time the lessee shall return the kegerator to the Lessor in the condition it was originally received. PAYMENT TERMS: The Lessee(s) agrees to pay Lessor the amounts set out as follows: First Month's Rent: stated on the Invoice. The Monthly Rental fee: stated upon the Invoice on the 6th day of each month hereafter. The Security Deposit: stated upon the Invoice. A Late Charge: of $20 if the monthly rental fee is not delivered by the 6th of each month. PARTS: These parts are the obligation of the Lessee(s):Kegerator, Tap, Hosing, CO2 Tank, and Regulator. SPECIAL PROVISIONS: CO2 Tank must be returned full or a $10 charge will be issued. The kegerator must be returned in the state is was delivered. If the kegerator is returned unclean a cleaning fee will be deducted from you deposit. If the unit is damaged at all, charges will be deducted from you deposit and additional charges may apply _ GENERAL TERMS: RENT: Rent is payable in advance or on or before 5:00pm on the day indicated for each calendar month to the Lessor at the address indicated in the Specific Terms of this agreement, or at such other place as may be designated by Lessor from time to time. Acceptance of rent does not constitute a waiver of prior Lessee(s) default. All payments made by Lessee(s) shall apply first to the oldest sums due and owing under the terms of this agreement. LATE CHARGE: In the event rent is not paid by the date set out in the Specific Terms of this agreement, a late charge in the amount set forth therein shall arise. The late charge period is not a grace period and Lessor is entitled to pursue the remedies provided herein if rent is not paid when due. All late fees shall be deemed additional rent for the rental month and shall be paid and collected as such. NSF CHECKS: In the event any payment, made by check, to the Lessor by Lessee(s) is returned unpaid, the Lessee(s) payment shall not be considered made until such funds are made good. In addition Lessee(s) shall pay the NSF Check Fee set out in the Specific Terms of this agreement and from that time forward all payments must be in the form of a cashier's check or money order. SECURITY DEPOSITS: Lessee(s) agrees to pay concurrent with the signing of this agreement a security deposit to secure Lessee(s) compliance with all of the conditions of this agreement and Lessor's Rules and Regulations, if any. The Lessor will hold all security deposits in a trust account. If held in an interest bearing account, all interest will be retained by the Lessor to cover bank service charges relating to the trust account. Lessor is not required to provide trust account information to the Lessee(s). The security deposit shall not be deemed rent for any rental month, unless Lessor elects to do so, nor shall it constitute a measure of the Lessor's damage in the event of default by Lessee(s). If the security deposit is insufficient to satisfy such sums owing, Lessee(s) shall pay the deficiency upon demand. If Lessee(s) fails to pay such deficiency upon demand, Lessor may proceed with collection of such deficiency using any lawful means. Any excess of the security deposit will be returned within 60 days to the forwarding address provided by the Lessee(s). ASSSIGNMENT & SUBLETTING: Lessee(s) will not assign their interest in this agreement or sublet any portion of the "kegerator" without prior written consent of the Lessor. MAINTENANCE, REPAIRS, OR ALTERATIONS: Lessee(s) acknowledge that the "kegerator" is in good order and repair, unless otherwise noted in the agreement. Lessee(s) shall not destroy, deface, damage, impair or remove any part of the "kegerator". Lessee (s) will maintain the "kegerator" in a clean, safe and sanitary manner. Lessee(s) shall be liable for damages caused by their actions and those of additional guests. Lessee(s) shall not add any lock, paint, paper, redecorate, or make other alterations to the "kegerator" without the prior written consent of the Lessor. INSPECTIONS: Lessor shall give Lessee(s) a twenty-four hour notice of intent to enter the premises at a reasonable time for the purpose including, but not limited to, inspections, to make repairs or alterations. LIABILITY: It is understood by the Lessee(s) that the Lessor can in no way be held liable for any incidents relating to the operation of the "kegerator". Lessee(s) understand that the operation and use of the "kegerator" is at their own risk, and will assume all liability arising from the use of the "kegerator". Any incidents relating to the consumption of alcohol dispensed by the "kegerator" is in no way the fault of the Lessor. The Lessee(s) agree by signing this agreement they are responsible for who consumes any beverage out of the "kegerator" and their actions. It is directly understood that College Kegerators, a subsidiary of Three C's Management, will not be liable for any negligence resulting from any use of the "kegerator". The Lessee(s) agree to use the "kegerator" at their own risk and is aware that they are solely liable for dispensing alcohol to any persons. By signing this agreement the Lessee waives any right to hold the Lessor responsible for any actions, incidents, events or even deaths related to the "kegerator" leased in this agreement. INSURANCE: Lessor shall not be liable to Lessee (s), nor insure Lessee (s), for any personal injury or property damage caused by the act or omission of any other Lessee(s) or third party, or by any criminal act or activity, war, riot, insurrection, fire or act of God. Lessee(s) acknowledges responsibility for securing insurance to cover Lessee(s)' personal property against any loss or damage resulting from the use of the "kegerator". DEFAULT: Lessee(s) agrees that each of the terms of this agreement constitutes an independent condition of Lessee(s) right to possession of the "kegerator". Any failure by Lessee(s) to comply with one or more of such terms shall constitute a default under terms of this agreement and Lessor may terminate Lessee(s)' right to possession of the "kegerator" and other rights under this agreement. TERMINATION OF LEASE: Upon termination of this lease, Lessee(s) shall return "kegerator" to Lessor in the same condition and repair as when received, ordinary wear and tear excepted, and free of all Lessee(s)'s personal property, trash and debris. Lessee(s) acknowledges that no representations as to the condition or repair of the premises, nor as to Lessor's intentions with respect to any improvements, alteration, decoration or repair of the premises, have been made to Lessee(s), unless provided in this agreement. HOLDOVER: If this is a Fixed Term Lease, unless written notice of termination is given by either party no later than thirty (30) days, prior to the expiration date of such fixed term, this lease shall be automatically renewed on a MONTH-TO-MONTH basis at the current rental rate and subject to the terms of this agreement, except as modified by this paragraph. WAIVER OF DEFAULT: Lessor's failure to require strict compliance with the conditions of this agreement or to exercise any right provided for herein, shall not be deemed a waiver of such default nor limit Lessor's rights with respect to that, or any subsequent default. SEVERABILITY: If a part of this agreement is invalid, all valid parts that are severable from the invalid part shall remain in effect. If part of this agreement is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. NOTICES: Unless otherwise provided, any notice required to give pursuant to the terms of this agreement, may be given personally or by mailing the same, postage prepaid, certified to Lessee(s) at the premises or to the Lessor at the address stated in the Specific Terms of this agreement or at such other places as may be designated by the parties from time to time. Notice will be deemed effective three (3) days after mailing or upon personal delivery. TIME: Time is of the essence to the terms of this agreement. JOINT AND SEVERAL LIABILITY: It is expressly understood that this agreement is between the Lessor and each Lessee (s) jointly and severally. Each Lessee (s) will be responsible for timely payment of rent and performance of all other provisions of this agreement. ATTORNEY'S FEES: In any action brought by the Lessee(s) or Lessor to enforce any of the terms of this agreement, the prevailing party in such action shall be entitled to such reasonable attorney fees and costs as the court or arbitrator shall determine just. CERITFICATIONS: The parties have reviewed the information above and certify, to the best of their knowledge, that the information, which they have provided, is true and accurate. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and supersedes any oral or written representation or agreements that may have been made by either party. Further, Lessee(s) have relied solely on their own judgment, experience and expertise in entering into this agreement with the Lessor and are of legal age (or if Lessee(s) are not of legal age, Lessee(s) agree this agreement is for a necessity) and sound mind. College Kegerators (parent: Watering Hole Kegerators, LLC.) is an appliance retailer and leasor. College Kegerators does not sell or supply alcohol, or promote drinking alcohol. The lessee is solely responsible for any alcohol purchased, distributed and consumed through our beer dispensing machines. The lessee is also solely responsible for any events involving alcohol dispensed through our kegerators. The lessee agrees to pay for all lost, stolen, or damaged beer dispensing components. Once the kegerator is delivered to the lessee, College Kegerators assumes no responsibility and the lessee assumes all responsibility.