Audio Tour Equipment Rental Agreement Terms & Conditions

1. TERMS: This is an agreement (“Agreement”) by which You agree to rent Equipment from Us for use with an audio tour of Miami Beach.  “You” refers to the person signing this Agreement and any other persons using the Equipment through You, such as Your children, family members or friends. Our company, Discovery Miami Beach (“We” or “Us”) rents equipment and/or players (“Equipment”) for use with an audio service (“Service”) for audio tours of Miami Beach. Separately, We and You may be referred to as “Party” and together as “Parties”. In order to rent the Equipment from Us, You agree to the following terms and conditions, which You will indicate by signing below or using Our Equipment, and which will remain in effect until You return the Equipment to Us and pay all amounts owed to Us.
2. INSPECT THE EQUIPMENT: You must learn proper use of the Equipment and test the Equipment and Service before leaving for Your destination to ensure proper operation. While We will test the Equipment prior to delivery, before taking the Equipment with You, You must test all Equipment and notify Us if there are any Equipment problems, missing parts or problems with the Service no later than Your date of receipt or You will be liable for any and all repair or replacement costs. Your removal of the Equipment from the place of delivery indicates Your acceptance and agreement that the Equipment and Service is working properly and You waive any rights to credit or replacement.  The Equipment and Audio Tour Content is rented to you and will always remain Our property. You acquire no rights to the Equipment and Audio Tour Content other than temporary use.
3. DO NOT LOSE OR DAMAGE THE EQUIPMENT: All Equipment must be returned in good working condition. You must notify Us immediately if the Equipment is lost, stolen or damaged. You agree to immediately pay us the full replacement cost for any Equipment lost, stolen or damaged during Your rental period regardless of the circumstances. In all instances, You agree to pay the full replacement cost for each Equipment unit lost, stolen or damaged, rental charges and Service usage fees and provide Us with the written police report if the equipment is stolen. Credit Card or Debit Card payments include a $100 bond per player. By signing this document you agree to have your card charged for this amount if the player is lost or damaged. If paying by cash, we will require a $50 cash deposit per player. You will use the Equipment only for lawful commercial purposes and under no circumstances will You repair, service, disassemble, download audio tour content or reverse engineer the Equipment.
4. Limited Warranty: So long as You comply with the inspection and testing provisions of this Agreement, We provide a limited warranty of replacement of any malfunctioning Equipment with a properly functioning unit. This limited warranty does not cover accident, misuse, neglect or alteration. There are no other warranties, expressed or implied, statutory or otherwise, concerning the Equipment or the Service other than that set forth above and You waive aLL other rights or remedies that may apply. This is an agreement for the commercial use of the Equipment and Service and not a consumer contract.
5. ASSUMPTION OF RISK: Pay attention to traffic, pedestrians and other hazards while You are using the Equipment and Service.  If taking the Service or Tour by Bike You shall utilize a properly fitted helmet to reduce the risk of severe head injury in the event of an accident. At no time shall you listen to the Tour or Service while operating a bike, car, segway, or any other means of transportation. You will indemnify Us and hold Us harmless from and against any and all claims, losses, and liability, including but not limited to any direct, special or consequential damages (and attorney’s fees) affecting Us as a result of Your use, possession and operation of the Equipment or any activity, acts and accidents You may cause or be responsible for while You are using the Equipment. Always exercise caution.
6. LIMITATION OF LIABILITY: YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES BY REASON OF ANY ACT OR OMISSION BY US OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, COSTS ASSOCIATED WITH DOWN TIME - EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. OUR MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE IS LIMITED TO A FULL REFUND OF ALL AMOUNTS YOU HAVE PAID US FOR THE EQUIPMENT AND SERVICE. THESE ALLOCATIONS OF RISK ARE REFLECTED IN THE TERMS NEGOTIATED BETWEEN THE PARTIES AND THE PRICE WE ARE ABLE TO OFFER YOU FOR THE EQUIPMENT AND SERVICE.
7. BILLING AND PAYMENT: By signing this Agreement or taking possession of the Equipment, You agree to pay all applicable rental charges, Service fees and any other applicable charges. Payments are made in advance, prior to Equipment delivery and usage, or if We determine otherwise in our sole discretion, at the time of delivery or on an interim basis (such as for longer term rentals of over 30 days).  All Equipment is due back by the close of the business day, and Your keeping the Equipment past that time will result in additional charges, which You agree to pay. You agree to allow us to charge your credit card for any applicable deposit amounts, or place an electronic hold in such amounts. All charges are final and non-refundable, except for overpayments of deposits, which shall be offset against any unpaid charges before being processed and credited to Your card. Past due amounts for any reason shall accrue daily late fees corresponding to 18% per annum simple interest or the highest rate allowed by law, whichever is less.  If your credit card is declined or you violate any provisions of this Agreement, We may, in addition to any other remedies available to Us in this Agreement or allowed by law, disable the Equipment’s reception.
8. MISCELLANEOUS: In any proceeding relating to any matter arising out of or related to this Agreement or the underlying relationship between You and Us, the Parties agree that Florida law shall govern; that exclusive venue and jurisdiction shall be in Miami-Dade County, Florida; that the prevailing Party in any proceeding shall be entitled to an award of its attorney’s fees and costs; and that each Party knowingly, voluntarily and irrevocably waives its right to jury trial.  You may not transfer or assign any of Your rights and obligations under this Agreement.  Subject to the foregoing, all of the terms and provisions of this Agreement shall bind and inure to the benefit of the Parties hereto and their respective successors and assigns. This Agreement reflects the entire agreement between You and Us and merges and supersedes any other agreements or understandings, written or verbal, which You and We may have had.