Rental Agreement

 

 

Easy Gym RENTAL AGREEMENT

 

BETWEEN:       Easy Gym

 

         of      PO Box 306 Helensvale Qld 4212 Australia                           (Easy Gym)

        

AND:                The Customer (see Schedule A for full details)

 

TERMS AND CONDITIONS

 

The Customer hereby agrees to rent from Easy Gym the Equipment as listed in Item 1 of Schedule A under the following terms and conditions:

 

1. Rental Period

 

Unless otherwise agreed in writing, Equipment is rented on a calendar quarterly basis commencing on the date of delivery of the Equipment and terminating at 1600 hrs on the last business day prior to the quarterly anniversary of the date of delivery.

 

2. Rental Fees

 

Customer shall pay the rental fee as specified in Item 2 of Schedule A to Easy Gym by fixed installments in advance, with the first installment due on the Commencement Date of the rental period, as specified in Item 4 of Schedule A.

 

Further installments must be paid (& cleared) into Easy Gym’s bank account 10 working days prior to commencement of installment rental period.

 

In the event that Equipment is not returned by the Termination Date as specified in Item 5 of Schedule A, then a further fee shall become due and payable and shall continue to accrue on the monthly anniversary until the Equipment is returned. In the event that Equipment is returned prior to any monthly anniversary then Easy Gym may give a rebate on the rental but is not obliged to do so. No claim shall be made or maintainable if Easy Gym determines not to give a rebate. Easy Gym may require a deposit from some renters (eg: renter without a landline phone number).

 

3. Other Charges

 

Customer shall be responsible for reimbursement to Easy Gym of any government charges, duties or GST applicable by virtue of this transaction.

 

4. Customer Covenants

 

Customer agrees that:

 

(A)    The Equipment remains the property of Easy Gym;

 

(B)    Customer shall not sell, charge, pledge or part with the Equipment;

 

(C)    Customer shall keep Equipment at the address as specified in Schedule A;

 

(D)    Customer shall use Equipment in a careful and proper manner at all times;

 

(E)           Customer shall notify Easy Gym immediately if any court judgment or order is levied against Customer or the property of Customer, or if a petition is presented for the liquidation of the Customer or a receiver is appointed or a scheme of arrangement is proposed; and

 

(F)           Customer shall permit Easy Gym or its agents to enter the premises where Equipment is          located, provided reasonable notice is provided, in order to inspect Equipment or carry out maintenance to the equipment.

 

5. Warranty

 

Easy Gym warrants that each item of Equipment hired is of merchantable quality and reasonably fit for the purpose for which it was designed.

 

6. Maintenance

 

Easy Gym shall at its expense provide regular maintenance and adjustment for Equipment and shall use its best endeavour to repair or replace Equipment which becomes defective during the rental period through no fault of the Customer. In the event that the Equipment does not operate properly, Customer shall notify Easy Gym and request instructions before taking remedial action.

 

7. Early Termination of Agreement

 

Notwithstanding the rental period, Easy Gym expressly reserves the right of early termination of the rental agreement, which may be exercised on demand and at the discretion of Easy Gym. In such an event Customer shall forthwith return Equipment to Easy Gym. The applicable rental shall be adjusted and payable on a pro rata basis. For the purpose of pro rating, a week shall be of seven days and a month shall be of 30 days.

 

8. Safekeeping

 

Customer is responsible for the safekeeping of Equipment and shall be responsible for any loss, theft, damage or destruction of Equipment. In the event that Equipment shall require repair or adjustment as a result of Customer misuse, abuse or negligence, Customer shall bear all costs of any such repair or adjustment including any freight and other associated costs or charges. Customer shall pay to Easy Gym the full replacement cost, as assessed by Easy Gym of Equipment which is lost, stolen, destroyed or damaged beyond repair. Any item of non-expendable materials (such as and including operations manuals) not returned to Easy Gym upon termination of the rental period, shall be charged to the Customer at full replacement cost or $99 which ever shall be the greater amount.

 

9. Customer in Default

 

If Customer is in default of the provisions of this agreement, or has not returned Equipment as due on the Termination Date, Equipment shall, upon request being made by Easy Gym, be delivered up by Customer to Easy Gym and the rental period shall upon delivery of Equipment to Easy Gym under the terms of this Agreement, be terminated but without prejudice to the rights of Easy Gym to require Customer to immediate pay such money as may be or become owing by Customer to Easy Gym. In the event that Equipment is not delivered up by Customer to Easy Gym within seven (7) days of a request being made in writing, Customer shall allow Easy Gym to enter the premises where Equipment is located during reasonable times and to remove Equipment. Any such removal of Equipment shall not be viewed as a default by Easy Gym of any of the terms and conditions contained in this agreement.

 

The Customer agrees that if the Customer defaults on our terms of lease, Easy Gym may list information

about the Customer’s credit default with a credit reporting agency.

 

10. Liability

 

In the event that Equipment does not function as warranted or in the event of any breach by Easy Gym of the Agreement, then, as far as the law permits, Easy Gym's liability, if any, shall be restricted to the amount of the rental for the duration of the rental period during which the breach occurred and Easy Gym shall not be liable for any item of consequential loss.

 

11. Intellectual Property

 

All rights pertaining to industrial or intellectual property including but not limited to copyrights, patents and trade marks are expressly reserved. Customer shall not and shall not permit or authorise any copying or breach of such rights.

 

12. Damage or Loss

 

In respect to damage or loss of Equipment, the rental period shall continue until Equipment has been repaired by Easy Gym or replacement costs have been paid by Customer.

 

13. Easy Gym Usage Policy: Strictly domestic and personal use only

 

Easy Gym is not responsible for any personal injury to a participant caused by their participation in, or preparatory to or concluding their participation in, any sporting activity, game, competition, contest, race or performance or the practice, demonstration or trial thereof (whether supervised or unsupervised) including but not limited to equestrian or gymnastic activity and the use of firearms, missiles or explosives of any nature or description.

 

14. Easy Gym Warning:

 

1).    Users must read the user's manual and Easy Gym User’s Guide/Tips before using the machine.

2).     Easy Gym is not responsible for any loss or injury caused by improper usage.  

3).           Equipment program settings have been prepared without taking into account personal objectives or physical needs. Before using the equipment you should obtain medical advice as to the suitability of this equipment for your health needs. (Pulse monitors on machines are not of medical standard)

4).    Please ensure speeds are suitable for the user as unsuitable speeds may cause injury.

 

15. General

 

A)     This Agreement constitutes the entire agreement between the Customer and Easy Gym.

B)            Statements or representations made by agents, employees, distributors and dealers of Easy Gym which add to or vary this agreement or the related documentation do not constitute warranties by Easy Gym, do not bind Easy Gym and should not be relied upon.

C)            This Agreement may only be modified in a written amendment signed by an authorised officer of Easy Gym.

D)     If any provisions of this Agreement are unenforceable, all other will remain in effect.

E)     This Agreement shall be governed by the laws of the state of Queensland, Australia.

 

 

User Safety Guidelines and Tips

 

To ensure your safety and peak maintenance of the equipment we require that you read and acknowledge having read the following tips:

 

 

 

ESSENTIAL:

 

1.

This equipment is for indoor home and domestic / personally use only

Not for commercial use

 

 

2.

Always wear clean running shoes (other footwear may damage the belt)

 

 

3.

To commence use:      

 

Stand on side of machine

Wait until the distance shows ‘1’ (this indicates 10 meters) then step onto belt

Adjust speed to your preference

 

 

4.

Only use speeds you can handle, higher speeds may cause injuries

 

 

5.

Ensure there are no objects near the machine which could hurt you should you fall

 

 

6.

Do not apply your body weight onto the pulse handles (lightly grip them)

Use the side hand rails to stabilise your body position

 

 

7.

Follow the belt adjustment procedure in the manual to tighten up the belt if necessary

 

 

8.

Unplug the equipment power cord during storms to protect against power surges

 

 

9.

Keep drink and food stuffs away from the equipment

 

 

10.

Keep children away from the equipment

 

 

11.

Always keep the running board in horizontal position

Only foldaway when moving the treadmill to another area

 

 

12.

Ensure the safety key is in a secure place when not in use

Replacement of lost key will incur an additional fee

 

 

13.

For Fit 100, use a screw driver to tighten up the screws if necessary under the control panel

 

 

14.

The pulse monitor (handgrip type) is not of medical standard (estimation only)

Users with high level of body static electricity may interrupt or stop the operation of the treadmill when touching the hand grip pulse monitor (For Fit 100 only)

 

 

15.

Please do not hold any other objects (such as arm training equipment, etc) while running on the Treadmill

 

 

16.

It is the renter’s responsibility to ensure all users read the Safety Guidelines and User’s Manual (available online at www.ezygym.com.au) before using the equipment