Knee Walker Rental Agreement
Subject to the terms and conditions of this Agreement, Innovations in Mobility, L.L.C., a Washington limited liability company (“Innovations in Mobility”) hereby leases to you, the customer, a Knee Walker at the rate of $100 for the first 4 weeks and $25 per week thereafter, provided that should the full purchase price be reached as provided below, the knee walker shall be deemed purchased by the customer. Customer shall make advance payment to Innovation in Mobility for the entire time prescribed by customer’s physician plus a damage deposit. The rental period begins the day the knee walker is delivered and ends the day the knee walker is returned. If the rental period and/or damage to the knee walker exceed the prepaid rent and damage deposit, an invoice for the shortage will be mailed to the customer and payment will be due immediately. Accordingly, in such event Customer’s credit card may be immediately charged by Innovations in Mobility for the full amount due.
Customer understands that it is his or her responsibility to follow the instructions for operation and safety of the product(s) obtained through Innovations in Mobility and to use common sense. Customer shall read the instructions when received with the knee walker shipment and before use of the knee walker. Customer acknowledges that the knee walker supports persons of no more than 350 pounds, and represents and warrants that the knee walker will not be used by any person weighing more than 350 pounds. Except as specifically provided herein, Innovations in Mobility assumes no liability for any injury or damages arising from the use or misuse of products obtained through Innovations in Mobility, and customer assumes all risk of same. If customer has questions, customer agrees to contact Innovations in Mobility at 800-889-0311 for advice and assistance.
INNOVATIONS IN MOBILITY MAKES NO EXPRESS OR IMPLIED WARRANTIES, WRITTEN OR ORAL, WITH RESPECT TO THE KNEE WALKER, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer hereby releases and agrees to indemnify, save and keep harmless Innovations in Mobility, its agents, employees, successors and assigns from and against any and all losses, damages, penalties, injuries, claims, actions and suits, including legal fees and expenses, of whatsoever kind and nature, in contract or tort, related to customer’s use of the knee walker, except to the extent the losses, damages, penalties, injuries, claims, actions, suits or expenses result solely from Innovations in Mobility’s gross negligence or willful misconduct. This release and indemnity shall include, but not be limited to, strict liability in tort, arising out of the selection, purchase, or acceptance of the knee walker by customer, and the delivery, lease, possession, maintenance, use, condition, return or operation of the knee walker by customer (including without limitation, latent and other defects whether or not discoverable). Customer shall, upon request, defend any actions based on, or arising out of, any of the foregoing. These provisions and limitations shall survive the expiration or early termination of this Agreement.
Innovations in Mobility acknowledges and agrees that customer shall have the benefit of any and all manufacturer’s warranties with respect to the knee walker; provided, however, that customer’s sole remedy for the breach of any such warranty, indemnification or representation shall be against the manufacturer alone. In no event shall Innovations in Mobility be liable for any special, incidental or consequential damages incurred in connection with the knee walker, its use or possession.
Nothing contained in this Agreement shall be construed to convey to, or create in, customer any right, title or interest in or to the knee walker, except those rights and interests of a lessee as provided herein. Customer agrees not to sell, assign, sublet, pledge or otherwise encumber or suffer a lien upon or against any interest in this Agreement or the knee walker.
If the customer shall fail to pay any rent when due or, with respect to obligations other than payment of rent, fail to promptly perform within ten (10) days after notice is given to customer any of the terms, covenants and conditions of this agreement, then customer’s right to continue in possession of the knee walker shall thereupon cease, all without notice or demand.
Customer hereby assumes and shall bear the entire risk of any loss, theft, damage to, or destruction of the knee walker from any cause whatsoever. Customer shall promptly and fully notify Innovations in Mobility in writing if the knee walker shall be or become worn out, lost, stolen, destroyed, significantly damaged or permanently rendered unfit for use from any cause whatsoever. In such event, customer shall pay Innovations in Mobility any amount beyond the $100 damage deposit necessary to repair the knee walker, or if the knee walker cannot be repaired or is lost or stolen, the remaining amount that would be necessary to purchase the knee walker as provided below.
Customer understands his or her insurance company may cover the cost of the rental, but customer may be subject to a deductible, co-payment or other requirements.
Customer also understands that customer has the option of purchasing the rented Knee Walker for $525.00 plus tax at any time during the rental period. The rental amount accumulated will be applied toward the purchase price.
In the event any action is required hereunder due to an NSF check, etc. Innovations in Mobility shall be entitled to recover its reasonable attorney fees and costs. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws, irrespective of the fact that any one or more of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie in Chelan County, Washington.
This Agreement may not be amended except by a writing signed by both parties and shall be binding upon and inure to the benefit of both parties, their permitted successors and assigns. Any provision of this Agreement, which is unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions. Any such prohibition or unenforceability in one jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.