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TOOL RENTAL AGREEMENT
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY CLICKING THE “ACCEPT” OR “AGREE” BUTTON, I (A) ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT I AM 18 YEARS OF AGE OR OLDER; (C) ACCEPT THIS AGREEMENT AND AGREE THAT I AM LEGALLY BOUND BY ITS TERMS; (D) ACKNOWLEDGE THAT I AM VOLUNTARILY GIVING UP THE RIGHT TO SUE CARHARTT FOR WORKERS LLC AND ITS RELATED PERSONS AND ENTITIES; (E) AM AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM; AND (F) ACKNOWLEDGE THAT OTHER RIGHTS THAT I WOULD HAVE IF I WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
I AM AWARE AND UNDERSTAND THAT THE TOOLS AND USE THEREOF ARE DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. I ACKNOWLEDGE THAT I AM VOLUNTARILY RENTING THE TOOLS ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND (WHICH, FOR THE AVOIDANCE OF DOUBT, I ACKNOWLEDGE HAVE ALL BEEN EXPRESSLY DISCLAIMED), AND WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH AND PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF CARHARTT FOR WORKERS LLC OR OTHERWISE.
1. Rental. I agree to rent from Carhartt for Workers LLC (“CFW”) the tool(s) I reserve through CFW’s reservation system (“Tools”) for the specified period of time (“Rental Period”) in accordance with and pursuant to the terms and conditions of this Agreement and CFW’s rules, instructions and directions. CFW retains title to the Tools at all times, and I acquire no ownership, title, property, right, equity or interest in the Tools other than a leasehold interest solely as lessee subject to all of the terms and conditions of this Agreement. I shall not remove or conceal, or permit the removal or concealment of, any tags, decals, plates or similar items on the Tools indicating CFW’s ownership of the Tools.
2. Account Registration. I understand that in order to rent Tools from CFW, I may be asked to register an account and provide certain pieces of information, including but not limited to name, e-mail address, address, and phone number. I also understand that I may be asked to provide a credit card for purposes set forth in this Tool Rental Agreement. I agree to provide truthful, accurate information to CFW.
3. No Rental Fee. Except as otherwise set forth in this Agreement or with respect to a particular Tool, no rental fee shall apply with respect to my rental of the Tools from CFW. Notwithstanding the foregoing, I shall pay CFW for all loss, diminution in value, and damage to the Tools that occur while I am renting the Tools, regardless of fault or whether the loss, diminution in value and/or damage occurs while the Tools are in my possession or that of a third party, as well as all related repair costs. If I have provided CFW with credit card information in connection with my rental, I acknowledge and agree that CFW may charge the applicable credit card for all fees for which I am responsible hereunder without any further consent from me.
4. No Warranties. CFW MAKES NO WARRANTIES WHATSOEVER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. CFW HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED.
5. My Obligations. I understand that I am responsible for loading the Tools into my vehicle unassisted when collecting the Tools from CFW and for unloading the tools when returning them to CFW. I will comply with all applicable laws, as well as all rules, instructions and directions communicated to me by CFW, in connection with my rental and usage of the Tools. I will not permit any other person or entity to use or otherwise operate the Tools. I will take adequate measures to ensure my safety and the safety of those around me while I am using the Tools. I will use the Tools with due care and ensure that the Tools and their accessories are adequate for the work I perform. I will keep the Tools free and clear of all encumbrances, liens and other security interests. I will keep the Tools in my sole possession and control and will not sublease or subrent the Tools to any person or entity without CFW’s prior written consent. I will timely return the Tools to CFW at the end of the Rental Period.
6. Maintenance and Upgrades. I, at my own expense, shall maintain each Tool so as to keep each Tool in the same condition as provided to me. I shall not modify, replace, or otherwise upgrade any Tool or component thereof. If, in my opinion, any Tool or component thereof is in need of repair, replacement, or upgrade, I shall not use the Tool but must instead return the Tool to CFW and notify CFW of the issue.
7. Risk of Loss. During the Rental Period, I shall bear all risk of loss, damage, destruction, theft, and condemnation to or of the Tools from any cause whatsoever (“Loss”). I shall notify CFW promptly upon becoming aware of any such Loss. I shall not affix or attach any Tool to real property or any improvements.
8. Default. If I fail to observe or perform any term or condition of this Agreement, I acknowledge and agree that CFW may, in its sole discretion, exercise one or more of the following remedies: (a) terminate this Agreement in whole or in part; (b) take possession of, or render unusable, any Tool wherever it may be located, without demand or notice, without any court order or other process of law, and without liability to me for any damages occasioned by such action; (c) require me to deliver any Tool to CFW; (d) charge me fees for the failure to return a Tool or for damage to a Tool; (e) proceed by court action to enforce performance by me of this Agreement and/or to recover all damages and expenses incurred by CFW; or (f) exercise any other right or remedy available to CFW at law or in equity.
9. Tool Return. I shall, at my expense, no later than the expiration of the Rental Period, return the Tools to CFW at 5800 Cass Ave, Detroit, MI 48201. I shall cause any Tool returned under this Agreement to be free and clear of all encumbrances, liens, security interests and other rights of third parties and in the same condition as when provided to me. I understand that CFW reserves the right to charge additional fees if the Tools are not returned by the expiration of the Rental Period, are returned to a different location than that which is identified above, or are not returned in the same condition as when they were rented to me.
10. Release of Liability and Assumption of Risk. I hereby expressly waive and release any and all claims, now known or hereafter known, against CFW and its officers, directors, employees, agents, affiliates, members, related persons and entities and successors and assigns (collectively, “Releasees”) arising out of or attributable in any way to CFW’s tool library, the Tools (including my access thereto) and my renting and use thereof, and retrieval or deposit of the tools on CFW’s premises, whether arising out of the negligence of CFW or any Releasees or otherwise. I covenant not to make or bring any such claim against CFW or any other Releasee, and forever release and discharge CFW and all other Releasees from liability under such claims. I shall defend, indemnify and hold harmless CFW and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by an indemnified party arising out of or resulting from my use of or access to the CFW tool library and Tools, including, without limitation, damage to property, accidents, personal injury, death, violations of law, breach of this Agreement and my negligence or more culpable conduct arising out of or resulting from my use of the CFW tool library or Tools.
11. Dispute Resolution. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN ME AND CFW OR ANY RELEASEE ARISING FROM OR RELATING IN ANY WAY TO THIS AGREEMENT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be held in Wayne County, Michigan and will be administered by the American Arbitration Association in accordance with their applicable rules. The Federal Arbitration Act will govern the interpretation and enforcement of this paragraph. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability or contract of adhesion challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. I agree to an arbitration on an individual basis. In any dispute, I WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction located in Wayne County, Michigan.
12. Miscellaneous. This Agreement constitutes the sole and entire agreement of CFW and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court or arbitral tribunal, as applicable, may, and is hereby expressly directed to, modify this Agreement to effect the original intent of the parties as closely as possible. This Agreement is binding on and shall inure to the benefit of CFW and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
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