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A signature on an invoice constitutes acknowledgment of acceptance from VIBRANT OCCASIONS, the equipment and/or merchandise described and identified in the invoice provided as of the date signed. The person or corporation named as the customer on this Rental Agreement (the “Customer”) shall rent from PAPIER VENTURES INC. (VIBRANT OCCASIONS) the equipment, items and/or services provided at the prices specified in invoice. The parties to this Agreement mutually agree that this Rental Agreement shall govern the terms under which the Equipment is rented, more specifically described in the following terms and conditions:

1) AUTHORITY: Where Customer is a corporation or is other than the person signing the invoice or on Customer’s behalf, the person signing the invoice represents
and warrants that he has the full right and authority of Customer to sign and enter into this binding Rental Agreement on Customer’s behalf.
2) VIBRANT OCCASIONS REPRESENTATION: Equipment covered by this Rental Agreement is represented to be in good working order. It is expressly understood that Vibrant Occasions is in no way responsible for the engineering in connection with its use, or the results accomplished by the Equipment, or accidents resulting from its use, and Vibrant Occasions does not represent to Customer that such Equipment is suitable, or will be suitable, for any particular installation or type of work.
3) USE: Customer shall operate, maintain, and/or store the Equipment in a clean, safe, and secure place. Customer shall operate, maintain, and/or store the Equipment in the manner contemplated by the manufacturer and/or the supplier of the Equipment. Said Equipment will be used for the sole purpose for which it was manufactured and intended by all applicable laws, by-laws, and rules and regulations affecting the use of same.
4) LOCATION OF USE: Equipment will be kept and maintained in the Province of Ontario during the term of rental in the Rental Agreement. The customer agrees not to move the equipment out-of-province without the written approval of Vibrant Occasions.
5) TRANSPORTATION: The rental price is FOB Vibrant Occasions warehouse. The customer will pay all transportation or cartage charges from the Vibrant Occasions warehouse, and return the Equipment back to the Vibrant Occasions warehouse in the same condition as received, with normal wear and tear excepted. The risk and liability for any injury or damage to Equipment from any source or cause whatsoever, from the time Equipment leaves Vibrant Occasions warehouse until Equipment is returned to Vibrant Occasions at its warehouse, will be borne by Customer, and the amount of any damage will be paid to Papier Ventures Inc. by Customer on demand.
6) PAYMENT OF CHARGES: Customer shall:

7) RETURN OF EQUIPMENT: The signature on the return checklist indicating that the Equipment has been returned shall not constitute an acknowledgment by Vibrant Occasions that the Equipment has been returned in its entirety, in an undamaged condition, or by the terms of this Rental Agreement, and that said signature shall not act as a waiver of any of Vibrant Occasions rights under this Rental Agreement.
8) TERMINATION: If Customer fails to pay the rent specified in invoice provided when due, or becomes bankrupt or insolvent, or a receiver of it violates any provision of this Agreement, Vibrant Occasions may, at its option, without notice, terminate the rental, take possession of the Equipment and recover all due rent, damages and expenses incurred in retaking possession of the Equipment.
9) LOSS OR DAMAGE: Customer shall at all times, to the full extent permitted by law, indemnify and save harmless Vibrant Occasions from any and all claims, demands, suits, losses, costs, expenses (including all counsel fees), damages or recoveries (including amounts paid in settlement) which may be obtained against, imposed upon, or suffered by Vibrant Occasions as a result of Customer’s use (or misuse) of the Equipment. The parties acknowledge that this indemnity shall survive the termination of this Rental Agreement by any manner or means. Customer is responsible for any loss to rented Equipment (including damage from theft, fire, water, wind, lightening, elements, explosions, or other environmental or atmospheric conditions) and must maintain adequate insurance on rental Equipment to provide for its full replacement value. The customer shall be fully responsible and obliges himself, herself and/or itself to pay the supplier within ninety days upon demand, the value of the items in the event that the said items are stolen, lost, damaged, or destroyed, in part or whole, whether by theft, fire, loss, act of god or by any other cause whatsoever.
10) INSURANCE: Customer shall name “VIBRANT OCCASIONS” as an additional insured on Customer’s liability insurance coverage effective on the date that the Equipment is delivered/installed or released from Vibrant Occasions. Customer shall provide Vibrant Occasions with written proof naming Vibrant Occasions as an additional insured before delivery/installation or release of Equipment.
11) LIABILITY: Vibrant Occasions will not be liable for any loss or damage of any kind whatsoever, whether caused by negligence, or otherwise resulting from:


12) FORCE MAJEURE: If Vibrant Occasions is prevented or delayed from installing the Equipment due to any cause reasonably beyond the control of Vibrant Occasions, such as, weather, war, terrorism, strike or other force majeure, Vibrant Occasions shall not be liable to Customer or any third party reasonably relying on Vibrant Occasions for damages, including incidental or consequential damages or damages to any party as a result thereof.
13) ASSIGNMENT: Vibrant Occasions may assign its rights under this Rental Agreement and transfer its title and interest in the Equipment to any party without the prior written consent of Customer. Customer may not assign any of its rights and obligations under this Rental Agreement without the prior written consent of Vibrant Occasions. No ownership or title of the equipment is transferred or assigned to Customer under this Rental Agreement.
14) SUBROGATION: In the event of any loss or damage to the Equipment, Vibrant Occasions shall have the right of subrogation concerning any right of Customer to recover against any person, firm or corporation. Customer will execute and deliver whatever instruments and papers required and do whatever else is necessary to secure such rights. Customer will cooperate fully with Vibrant Occasions and or its insurer in the prosecution of those rights and will neither take or permit nor suffer any action to prejudice Vibrant Occasions rights with respect thereto.
15) TENTING EQUIPMENT: Vibrant Occasions agrees to provide Tenting Equipment in a good and workmanlike manner free of any defects and in a manner fit for the purposes for which such items are intended. Vibrant Occasions agrees to maintain the Tenting Equipment within the scope of normal wear and tear, keeping it in good working order during the rental term. However, if the Tenting Equipment requires maintenance outside the scope of normal wear and tear, or in response to damage or loss of equipment caused by Customer or any third party, then Customer hereby agrees that any services performed by Vibrant Occasions, including but not limited to diagnosing, repairing, replacing, modifying, installing or removing Tenting Equipment, shall be billed and paid separately by Customer in addition to this Rental Agreement.
16) PERMITS; FITNESS OF PREMISES:


17) MISCELLANEOUS:

18) ENFORCEBILITY: The parties’ relationship and this Rental Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada. Any actions about or arising out of this relationship or Rental Agreement shall be filed in and remain in a Court of suitable jurisdiction within the Province of Ontario. The customer agrees to submit to the jurisdiction of the Court of suitable jurisdiction within the Province of Ontario.
19) SEVERABILITY: Any invalidity, in whole or in part, of any provision of this Rental Agreement shall not affect the validity of any other of its provisions.
20) FACSIMILE OR PHOTOCOPY: Vibrant Occasions and Customer agree that a fully executed facsimile, photocopy or electronic delivery of this Rental Agreement
shall constitute an original document.
21) WARRANTIES: Vibrant Occasions makes no warranties, express or implied, as to any matter whatsoever, including, without limitation, the condition of the Equipment, its merchantability or fitness for a particular purpose, or that it is suited for Customer’s intended use. The aggregate liability of Vibrant Occasions hereunder, if any, shall be limited to the amount paid to it by Customer under this Rental Agreement. The customer consents to the collection of personal information by Vibrant Occasions and the use, retention, and disclosure of such information by Vibrant Occasions per Vibrant Occasions privacy statement as posted at https://vibrantoccasions.ca
22) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties of its subject matter and supersedes all prior agreements, understandings, negotiations, and discussions whether oral or written, of the parties and there are no warranties, representations, or other agreements between the parties in connection with the subject matter of this Rental Agreement except as outlined in this Rental Agreement.

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