Receipt of Items

You acknowledge upon receipt of rental items, you examined them, and that they were in good condition. It is your responsibility to return the rental items to Brooke in the same condition, except for ordinary wear and tear.

Use of Item(s)

You agree that the item(s) will be used only for the proper purpose for which the item(s) was manufactured and intended. You agree that Brooke is neither the manufacturer of the rented item(s) nor the agent of the manufacturer. You agree, specifically, not to: use the item(s) for any illegal purpose or in any illegal manner; or loan or subrent the item(s) to another.

Responsibility for User

You agree to be responsible for the use of the rented item(s) and to assure that the item(s) will be used only by persons competent in their operation.

  1. You assume all risks inherent in the operation and use of the item(s) and agree to assume the entire responsibility for the defense of, and to pay, indemnify and hold Brooke harmless from, and release Brooke from, any and all claims for damage to property or bodily injury (including death) resulting from the use, operation, or possession of the item(s) whether or not it be claimed or found that such damage or injury resulted in whole or in part from Brooke’s negligence from the defective condition of the item(s) or from any cause.You agree that THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED; that there is no warranty that the item(s) is suited for your intended use, or that it is free from defects and that no such warranties have been made in connection with this rental.

3. You waive all claims for personal injuries, property damage to your property, loss of time or inconvenience arising out of the use of the rented item(s) or any accident or breakdown.

    Responsibility for Items

    From the time the item(s) is rented to you and until it is returned, you are responsible for it. If the item is lost, stolen or damaged under any circumstances while rented, regardless of fault, you will be responsible for all charges, including labor costs, to replace or repair the item(s).

    Item Failure

    You agree immediately to discontinue the attempt to use the rented item(s) should it, at any time, become unsafe or in a state of disrepair, and will immediately (one hour or less) notify Brooke of the facts. Brooke agrees, in its discretion, either to: make the item(s) operable within a reasonable time, or provide you with a like item if available, or make a like item available at another time, or adjust the rental charge. This provision does not relieve you from the obligations imposed by the other provisions of this Rental Contract, including without limitation, sections 4 and 6. In no event shall Brooke be responsible for any injury or damage, including without limitation, consequential damages, or delays resulting from failure or defect of the rented item(s).

    Return of Items

    1. The rented item(s) is Brooke’s property and is rented to you subject to this Rental Contract for the rental charges and for the period of time noted on the front. If you return the item(s) upon termination of the rental period, at a time other than during Brooke’s regular business hours, you agree to pay the appropriate overtime rental charges until the next day and, further agree to pay for any damage to or loss of the item(s) occurring between the time of return and the commencement of Brooke’s next business day.
    2. If you desire to extend the term of this rental beyond the Rental Period (the time and date specified on the front, under “Due In”) you must immediately notify Brooke to obtain our written approval. Time is of the essence of this Rental Contract.
    3. If you fail to return the item(s) when “Due In”, Brooke or its representatives may retake the item(s) at any time and may enter your property to do so. You hereby waive any right of action against Brooke for such entry and retaking. In addition, you acknowledge that the concealment, misappropriation, sale or failure to return the rented item(s) within the contracted time is prohibited and that such actions may constitute a crime.

    Charges and Payment

    1. Time is money. You are responsible for the rental charges from the time the item(s) is “Rented Out” as specified on the front, until it is “Returned” and other charges hereunder. You agree to return the item(s) promptly, clean and in good condition, ordinary wear and tear excepted. You agree to pay a reasonable cleaning charge for equipment returned dirty.
    2. You and your representative, agent or principal shall be responsible for and pay Brooke all charges hereunder. All charges are due upon return of the item(s) or on demand by Brooke. The maximum carrying charge permitted will be charged on all overdue amounts.

      3. If the rental charges are charged to someone other than the “Renter”, the Renter represents he is the agent of such party and has the authority to charge this rental; the Renter nevertheless will remain liable for the charges and for the other obligations and responsibilities of the Renter hereunder if rental charges are not paid within ten (10) days of their due date. Brooke at its discretion, may recalculate all charges on a daily rate basis.

      Collection Costs

      You agree to pay attorney fees, collection fees, court costs and any other expenses incurred by Brooke in collecting any charges under this Rental Contract, in retaking the rented item(s) or otherwise in enforcing the terms of this Rental Contract.

      Miscellaneous

      1. The provisions of this Rental Contract shall be severable, so that in the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
      2. You may not assign this Rental Contract except with the written permission of Brooke.
      3. This transaction is consummated in the State of Virginia and shall be governed by Virginia law.

      Entire Agreement & Modification

      This Rental Contract represents our entire agreement, and there are no oral or other representations or agreements not included herein. None of Brooke’s rights may be changed and no extension of the terms of this Rental Contract may be made except in writing, signed by Brooke and made a part of this Rental Contract.