Please review our Rental Agreement below. If you proceed with reserving/renting items from us you also agree to the following:
This Agreement shall be between you the “Client” and “TMC Rentals, LLC DBA Cribs-To-Go” 439 S. Indiana Ave, Englewood, FL 34223, for the rental of personal property, herein referred to as “Equipment”. TMC Rentals, LLC DBA Cribs-To-Go remains the sole owner of all its Equipment. The Client hereby recognizes that the Equipment shall be for personal use only.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered buy the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules, and judgment on the award rendered by the the arbitrator(s) may be entered in any court having jurisdiction thereof.
Limitation of Liability
LIABILITY FOR DIRECT DAMAGES: TMC RENTALS, LLC DBA CRIBS-TO-GO AND THEIR AFFILIATES, AGENTS, SUPPLIERS, AND SUBCONTRACTORS (COLLECTIVELY, “TMC RENTALS, LCC DBA CRIBS-TO-GO PROVIDERS”) TOTAL CUMULATIVE LIABILITY FOR DAMAGES, EXPENSES, COSTS, LIABILITY OR LOSSES (COLLECTIVELY, “DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, IS LIMITED TO DIRECT, ACTUAL, PROVABLE DAMAGES AND WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE AMOUNTS PAID BY THE CLIENT TO TMC RENTALS, LLC DBA CRIBS-TO-GO PURSUANT TO THIS AGREEMENT.
NO LIABILITY FOR CERTAIN DAMAGES: TMC RENTALS, LLC DBA CRIBS-TO-GO AND TMC RENTALS, LLC DBA CRIBS-TO-GO PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING LOST PROFITS, ANTICIPATED OR LOST REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD PARTY CLAIM), WHETHER ARISING IN NEGLIGENCE, TORT, STATUE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
FOR GREATER CERTAINTY, THE LIMITATION AND EXCLUSION OF TMC RENTALS, LLC DBA CRIBS-TO-GO’S LIABILITY SET OUT HEREIN SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT AND SHALL APPLY TO ANY OF TMC RENTALS, LLC DBA CRIBS-TO-GO’S OBLIGATIONS OF INDEMNIFICATION SET OUT IN THIS AGREEMENT.
The Client agrees to defend, fully indemnify and hold harmless TMC Rentals, LLC DBA Cribs-to-Go and its affiliates, agents, suppliers, subcontractors and customers, and each of their successors and assigns, from and against any and all claims, demands, suits, actions, causes of action and/or liability, of any kind whatsoever, for damages, losses, costs and/or expenses (including legal fees and disbursements)arising in connection with this Agreement, including without limitation: (i) any and all breaches by the Client of any terms or conditions of this Agreement; (ii) damages to persons or property, personal injury or death caused by the negligent or willful acts or omissions of the Client arising in connection with this Agreement; and (iii) any claim by a third party against TMC Rentals, LLC DBA Cribs-To-Go.
The present Agreement is governed by the laws of the State of Florida.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT BEFORE ACCEPTING ON THE RENTAL AGREEMENT.