In purchasing a membership you agreed to the following terms.
DEFINITIONS. “Rental Agreement” means this Online Thera-tree® Monthly Agreement. “Tad Coffin Performance Saddles” means TCPS. “Thera-tree®” means the therapy device intended for use on horses. “Customer” means the person or entity identified as such in the Membership Monthly Agreement or any representative, agent, officer or employee of Customer. “Facility” means 1151 Dairy Road, Ruckersville, VA 22968. “Rental Period” means the period of time which the customer has paid the monthly fee, except that the Rental Period may extend or terminate earlier if Customer returns the Thera-tree® earlier. “Credit Card” means the credit card provided by Customer as part of this Rental Agreement or otherwise kept on file with TCPS.
2. AUTHORITY TO SIGN. Any individual agreeing to this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this Rental Agreement on behalf of Customer.
Indemnity/Hold harmless. To the fullest extent permitted by law, customer agrees to indemnify, defend and hold Tad Coffin Performance Saddles, and any of its respective officers, agents, servants, or employees, and affiliates, parents and subsidiaries, harmless from and against any and all liability, claims, loss, damage or costs (including, but not limited to, attorneys’ fees, loss of profit, business interruption or other special or consequential damages, damages relating to property damage, bodily injury, animal injury or damages relating to wrongful death) arising out of or related to the operation, use, possession or rental of the Thera-tree®. This indemnity provision also applies to any claims asserted against TCPS based upon strict or product liability causes of action. However, customer shall not be obligated to indemnify TCPS for that part of any loss, damage or liability caused solely by the intentional misconduct or sole negligence of TCPS. In furtherance of, but not in limitation of the indemnity provisions in this agreement, customer expressly and specifically agrees that the foregoing obligation to indemnify shall not in any way be affected or diminished by any statutory or constitutional limitation of liability or immunity customer enjoys from suits by its own employees. The duty to indemnify will continue in full force and effect notwithstanding the expiration or early termination of the membership agreement.
Limitation of liability. In no event shall Tad Coffin Performance Saddles be liable or responsible to customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Thera-tree®, its operation or its use, (ii) TCPS’s failure to deliver the Thera-tree® as required hereunder, or TCPS’s failure to repair or replace non-working Thera-tree®; (iii) or any incidental, consequential, punitive or special damages. Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Thera-tree® from the time the Thera-tree® is delivered to customer until the Thera-tree® is returned to TCPS and will take all necessary precautions to protect all persons, animals and property from injury or damage from the Thera-tree®.
Return of Thera-tree®/Damaged or Lost Thera-tree®. At the expiration of the Membership period, Customer will return the Thera-tree® to the facility listed here-1151 Dairy Road, Ruckersville, VA 22968 The Thera-tree® is to be in the same condition as when delivered to Customer, subject to reasonable wear and tear, as defined below. Customer shall be liable for all damages to or loss of the Thera-tree® from the time the Thera-tree® reaches the home or barn of the Customer until the Thera-tree® is returned to the facility. In the case of the loss or destruction of any Thera-tree®, or inability or failure to return same to TCPS for any reason whatsoever, Customer will forfeit his/her deposit or pay the then full replacement list value of the Thera-tree®, whatever is greater. If the Thera-tree® is returned in a damaged or extremely worn condition, Customer shall pay TCPS the reasonable cost of repair and pay rental on the Thera-tree® at the regular rental rate until all repairs have been completed. TCPS shall be under no obligation to commence repair work until Customer has paid to TCPS the estimated cost therefor. Customer agrees that TCPS reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to damaged or lost Thera-tree®.
Reasonable Wear and Tear. Reasonable wear and tear of the Thera-tree® shall mean only the normal deterioration of the Thera-tree® caused by ordinary and reasonable use on a one horse per day. The following shall not be deemed reasonable wear and tear: (i) water damage as a result of being left outside in wet conditions for extended periods of time (iii) damage resulting from any collision, impact, or improper operation (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Thera-tree® or any part thereof; (v) wear resulting from use in excess of shifts for which it was rented. The suggested use is 20 minutes a day on one horse. Excessive use above that could result in excessive and unreasonable wear and tear; (vi) and any other damage to the Thera-tree® which is not considered ordinary and reasonable in the equipment rental industry.
Late Return. Customer agrees that if the Thera-tree® is not returned by the end of the Rental Period, TCPS, in its sole discretion, will require Customer to do of the following: continue to pay the rental rate(s) applicable to the Thera-tree® specified as the current monthly billing rate, not the initial rate Customer paid at the beginning of their membership. Customer agrees that TCPS reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Thera-tree®.