This Rental Agreement & Liability Waiver (this “Agreement”) is entered into by and between Hoop Tucson LLC, an Arizona limited liability company (“Company”), and the undersigned Renter identified below (“Renter”).

Article 1. Parties and Equipment Description

1.1 Equipment. Company will provide one towable trailer configured as a mobile arcade basketball system consisting of four (4) arcade-style basketball lanes/hoop stations, integrated electronic scoring/timing components, nets, basketballs, LED party lighting, all cables, fasteners, hardware, and accessories, a sound system, fog machine, a low noise gas generator, and any additional elected equipment selected for rent on the Rental Order (collectively, the “Equipment”). The trailer itself (Year/Make/Model: 2026 Steel Pines Cargo Enclosed Trailer 8.5X16TA2; VIN/Serial No.: 7FWBE1626T1037283) is part of the Equipment and is referred to herein as the “Trailer.”

1.2 Ownership; No Transfer of Title. The Equipment (including the Trailer), all replacements, parts, and accessories are and shall remain at all times the sole and exclusive property of Company. No title, ownership interest, or security interest in the Equipment is transferred to Renter by this Agreement. Renter receives only a limited, revocable right of possession and use of the Equipment during the Rental Period subject to the terms of this Agreement.

1.3 Responsible Renter; Participants; Authority. Renter is the sole lessee of record and is responsible for all use of the Equipment by Renter and by any guests, invitees, or other users permitted by Renter (collectively, “Participants”). If Renter is an entity, the individual executing this Agreement represents and warrants that he/she has full authority to bind the entity, and the entity is the Renter for all purposes. If Renter is an individual renting for a group or organization, Renter remains fully responsible for compliance by all Participants with this Agreement and any posted or provided rules and instructions.

Article 2. Rental Term and Delivery Condition

2.1 Rental Period. The rental period will run from the Start Time to the End Time listed on the Rental Order (collectively, the “Rental Period”). Rental charges accrue for the entire Rental Period regardless of actual use. Any extension of the Rental Period is subject to Company’s prior written consent and availability and will be billed at a mutually agreed upon rate evidenced by a Rental Order evidencing any extension of the Rental Period.

2.2 Overtime. If the Equipment is not ready for pickup at the End Time (including clear access for the Trailer), Renter will incur an additional rental fee of one hundred and fifty dollars ($150) per hour until pickup is completed, plus any additional day charges if the delay exceeds five (5) hour(s) (collectively “Additional Rental Fee”). If Company personnel are required to wait at delivery or pickup due to Renter-caused delay, the Overtime Fee will apply.

2.3 Delivery; Setup; Orientation. Company will deliver the Trailer and Equipment to the location designated by Renter (the “Site”), connect power as applicable (the “Equipment Setup”), and provide a brief orientation covering safe operation and rules. Delivery within 25 miles of the Company Address listed on the Rental Order is included. Deliveries beyond that radius are subject to a delivery surcharge of two dollars ($2.00) per mile on delivery and pickup (the “Delivery Fee”). Renter shall ensure timely Site access for a vehicle and Trailer in accordance with Article 5.

2.4 Delivery Condition; Walkthrough; Acceptance. At delivery, Company will present the Equipment in good and serviceable working order. Renter (or Renter’s on-site representative) shall conduct a walkthrough inspection with Company personnel and may document pre-existing cosmetic wear. Renter acknowledges that, upon acceptance of the Equipment and Trailer, Renter inspected the Equipment, found it in good and serviceable condition, and accepts it “AS-IS” for use during the Rental Period. Renter acknowledges that Company does not guarantee flawless performance of recreational equipment. Renter’s sole contractual remedy for a non-Renter-caused malfunction is repair, replacement, rescheduling, or a reasonable pro-rata credit or refund.

2.5 Pickup and Removal. At the End Time, Company will return to the Site to pack down and remove the Trailer and Equipment. Renter shall ensure (i) all Participants have vacated the Equipment, and (ii) access routes are open in accordance with Article 5. Renter shall not disassemble, disconnect, or attempt to return the Equipment and shall not permit any third party to do so. Upon pickup, Company will perform a post-rental inspection. Renter (or Renter’s agent) is encouraged to be present to co-sign any damage report. Company will notify Renter of any newly discovered damage or shortages and will issue an itemized invoice within three (3) business days with photos where practicable. Amounts due may be charged to the card on file. Renter may submit written disputes with supporting information within five (5) days of the invoice date; undisputed charges are due per the invoice terms.

2.6 Risk of Loss During Movement. Company assumes responsibility for the transport, hitching, and movement of the Trailer to and from the Site. Renter assumes responsibility for conditions at the Site known or unknown (including obstructions, subgrade failure, or hazards not disclosed to Company) and any resulting delays or charges as set forth above.

Article 3. Fees, Payment, and Cancellation Policy

3.1 Rates & Charges. Renter agrees to pay all applicable charges set forth in the applicable Rental Order or hereinafter accrued by the terms of this Agreement, including: Total Rental Fee included on Rental Order; applicable Delivery Fees; applicable Additional Rental or Late Fees; Lost or Damaged Equipment Fee; Cleaning or Excess Wear fees as described below.

3.2 Cleaning or Excess Wear. If Equipment is returned in excessively dirty, fouled, or abused condition (including beverage spills, food or beverage residue, confetti and glitter), a reasonable cleaning/rehab fee of two hundred dollars ($200) will apply (the “Cleaning Fee”).

3.3 Taxes & Surcharges. All prices are exclusive of applicable taxes, fees, and assessments, which Renter shall pay. Any required permits, access fees, parking or venue charges are Renter’s responsibility and, if advanced by Company, will be billed at cost.

3.4 Card on File; Authorization. Renter authorizes Company to charge the card on file for all amounts due under this Agreement, including Additional Rental Fees, Cleaning Fees, Lost or Damaged Equipment Fees, and any other post-event charges.

3.5 Late and Returned Payments. Past-due balances accrue interest at 10% per annum (or the maximum allowable interest under Arizona Law, if less). Declined payments incur a $100 fee (the “Late Fee”).

3.6 No Security Deposit; Damage Responsibility. No security or damage deposit is required for this rental. Notwithstanding the foregoing, Renter remains fully liable for any loss of or damage to the Equipment (including the Trailer) beyond normal wear and tear and will be billed for the reasonable cost of repair or replacement, together with any related service, transport, and downtime charges. “Normal wear and tear” means minor cosmetic deterioration from ordinary, intended use; it does not include tears, broken components, significant cosmetic damage, electrical damage from improper power handling, impact damage, missing accessories, vandalism, theft, or damage due to violation of this Agreement. Missing or damaged accessories will be charged at replacement cost (the “Lost or Damaged Equipment Fee”). Excessive cleaning per Section 3.1(e) will be billed upon post-pickup inspection.

3.7 Renter Cancellations, Refunds. Renter Cancellations, Refunds apply as follows:
• 7+ days before Start Time: full refund of Total Rental Fee.
• 2 to 7 days before Start Time: Total Rental Fee will be credited towards future booking (valid for one (1) year from Start Time).
• Less than 48 hours before Start Time or no-show: No refund.

3.8 Reschedules. Subject to availability and Company’s approval; amounts paid will be applied to the new date, otherwise standard cancellation terms under Section 3.7 will apply.

3.9 Weather; Force Majeure. Company may delay, suspend, or refuse setup or operation if, in Company’s reasonable judgment, conditions are unsafe (including but not limited to severe weather, high winds, lightning, flooding, inadequate surface/clearance, power hazards). Company will use commercially reasonable efforts to accommodate a reschedule; if rescheduling is not feasible, Company may offer a pro-rata refund for unused time curtailed.

Article 4. Permitted Use and Restrictions

4.1 Intended Use Only. The Equipment (including the Trailer) is provided solely for recreational arcade-style basketball play. Renter shall ensure all use is safe, prudent, and consistent with the orientation and any spoken, written or posted rules. Commercial resale of play or admission is permitted only if disclosed in the Rental Order and compliant with any applicable permits and ordinances.

4.2 Location; No Relocation. The Trailer must remain at the Site specified in the Rental Order and shall not be moved, re-positioned, re-leveled, hitched, towed, or transported by Renter or any third party for any reason. Any relocation requires Company’s consent and must be performed exclusively by Company. The setup area must be flat, stable, and level, free of overhead obstructions and hazards, with adequate clearances as directed by Company in accordance with Article 5.

4.3 Authorized Users; No Sublease. Only Renter and Renter’s invitees, members, attendees, or other Participants may use the Equipment. Subleasing, lending, or permitting possession/use by any other third party is prohibited. If Renter is an organization, Renter shall provide responsible adult supervision at all times.

4.4 Prohibited Activities. For safety and to prevent damage, the following are strictly prohibited:
• Climbing, hanging, or swinging on the Equipment or Trailer;
• Moving the Trailer or altering Equipment Setup in any way;
• Towing or attempting to hitch the Trailer;
• Tampering with equipment panels, guards, scoring/timer modules, power distribution, cords, or generator;
• Removing/altering nets, balls, guards, signage, or safety devices;
• Use during unsafe weather (including lightning, high winds, flooding) or other hazardous conditions identified by Company;
• Allowing food/beverage on playing surfaces; including glass containers.

4.5 Legal Compliance; Permits; Site Rules. Renter shall comply with all applicable laws, ordinances, venue policies, HOA rules, and property-owner requirements. Renter is solely responsible for obtaining any permits or permissions applicable and ensuring the Site lawfully permits Trailer placement and operation. If local authorities or venue management require shutdown or relocation, Company will comply and associated delays or fees attributable to Site or local rules are Renter’s sole responsibility.

4.6 Rules and Instructions. Renter shall follow and enforce all rules, guidelines, and instructions provided by Company in this Agreement or outlined in the orientation, and shall cause all Participants to do the same.

4.7 Power and Generator Handling. Only Company may connect or disconnect power, refuel or service any generator, and modify electrical configurations. Renter shall not add extension cords, power strips, or third-party generators without Company’s written approval.

4.8 Company Safety Override. Company may suspend or terminate use at any time if conditions are unsafe, rules are violated, or continued operation risks injury or damage. No refund or abatement is due for time lost due to Renter-caused safety issues or violations.

4.9 Material Breach; Remedies. Any violation of this Agreement or Article 4 constitutes a “Material Breach”. In addition to all other remedies, Company may immediately terminate the rental without refund, assess reasonable service, repair, additional charges, and recover all losses or damages caused by the breach.

Article 5. Delivery Requirements and Power Supply

5.1 Access & Approach. Renter shall ensure safe, lawful vehicular access suitable for delivery, setup, operation, and pickup by a tow vehicle and a Trailer, including adequate route width and overhead clearance of 10ft along the entire approach, sufficient turning radius and maneuvering space for the tow vehicle and Trailer, and a firm, stable, and generally level surface capable of supporting the Trailer and Equipment. Indoor setups require doorway/roll-up, ceiling height, and a continuous loading path sufficient to permit passage of the Trailer and tow vehicle.

5.2 Site Preparation & Clearance. Before arrival, Renter shall designate a setup footprint at least as large as 20ft x 20ft including a reasonable safety perimeter, and shall clear the area of vehicles, debris, furniture, overhead obstacles, and hazards. Renter must ensure ground is firm, stable, and generally level. Renter shall identify underground utilities, hazards, or other sensitive surfaces and maintain clear ingress and egress for pickup at End Time. During delivery and pickup, Renter shall keep Participants and any other personnel and pets out of the access and setup areas.

5.3 Suitability; Right to Refuse or Suspend. If, in Company’s reasonable judgment, access to the Site or the Site itself is inadequate, unsafe, or would risk damage to persons or property, Company may refuse or suspend delivery, setup, operation, or pickup until the condition is remedied. Unless otherwise agreed to in writing, Article 3 Cancellation fees apply.

5.4 Electrical Power. The Equipment is designed to operate from standard 110–120V AC. Renter shall provide at least one (1) dedicated 15A or 20A circuit within 50 feet of the setup location via a grounded, 3-prong receptacle. Only Company-approved extension cords may be used.

5.5 Generator. If suitable house power is unavailable, and elected at time of execution of the Rental Agreement, Company will provide a low-noise portable generator at no additional cost, including required fuel for the scheduled Rental Period. Only Company may place, start and stop, refuel, or service the generator.

5.6 Power Equipment Issues. If power fails or any electrical or equipment issue, Renter shall immediately stop use and contact Company at the contact information provided on the Rental Order. Do not attempt repairs of any kind unless expressly instructed by Company.

Article 6. Renter’s On-Site Responsibilities

6.1 No Ongoing Attendant. Company does not guarantee supervision or an operator beyond initial setup or orientation. Renter assumes full responsibility for supervising all users and securing the Equipment for the entire Rental Period.

6.2 Continuous Adult Supervision Required. While the Equipment is in use, at least one responsible adult (the Renter or a designated supervisor) must be present and attentive at all times, maintain line-of-sight to playing areas, manage queues and crowding, and ensure compliance with all rules. If Renter is an organization, Renter shall assign staff adequate to the size of the group and the venue.

6.3 Security of Equipment. Renter shall prevent unauthorized access or use and shall not leave the Trailer unattended in a public or unsecured area. Renter shall take necessary precautions to maintain the security of the equipment. Theft, vandalism, or loss during the Rental Period is Renter’s sole responsibility, and any replacement or refurbishment costs will be charged accordingly.

6.4 Participants; Minors; Fitness. Renter shall ensure Participants follow rules and use Equipment safely, with care and parental or guardian oversight for minors. Renter shall remove any Participant engaging in unsafe conduct.

6.5 Failure to Supervise. Failure to provide continuous, competent supervision or to secure the Equipment as required constitutes a Material Breach and may result in immediate termination without refund, assessment of service/repair/cleaning charges, and liability for resulting losses.

Article 7. Inherent Risks; Acknowledgment and Assumption of Risk

READ CAREFULLY – THIS AFFECTS LEGAL RIGHTS

7.1 Description of Risks. Renter understands and acknowledges that playing basketball and using the Equipment involves inherent risks and hazards that cannot be completely eliminated even if all rules are followed and the Equipment is properly maintained. These risks include, without limitation:
• Physical activity injuries such as strains, sprains, torn ligaments, bruises, fractures, concussions, and other injuries;
• Being struck by a thrown or rebounding basketball;
• Trips, slips, and falls in or around the Trailer, at entry or exit points, or on adjacent surfaces and steps;
• Collisions between Participants or with structures, rims, backboards, guards, doors, supports, or stabilizers;
• Equipment malfunction or failure, including electronic scoring/timing components, nets, rims, backboards, doors, or lighting;
• Electrical hazards associated with power supply, cords, or generator (including shock or trip hazards);
• Weather-related hazards, including lightning, wind, rain, heat, flooding, blowing debris, or unstable subgrade;
• Property damage to surrounding property caused by stray basketballs, foot traffic, or Trailer placement (e.g., vehicles, windows, landscaping, sprinklers, pavers, walls, fixtures); and
• Other serious injuries or even death arising from accidents, misuse, loss of footing, inadequate supervision, or unforeseen conditions.
Renter further understands there may be other risks, both known and unknown, not reasonably foreseeable at this time.

7.2 Acknowledgment of Understanding. Renter has read and understands the risks described above, has had the opportunity to ask questions, and accepts that participation involves inherent and unavoidable dangers associated with recreational arcade-style basketball play and the presence and use of a towable trailer.

7.3 Express Assumption of Risk. IN CONSIDERATION of being permitted to rent and use the Equipment, Renter voluntarily and expressly ASSUMES ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE to Renter, to Renters property, to Renter’s invitees and Participants, including minors, and to third parties arising out of or related to the delivery, placement, setup, presence, operation, and use of the Equipment, whether known or unknown, foreseen or unforeseen, and even if arising in whole or in part from the NEGLIGENCE of Company, to the fullest extent permitted by Arizona law. This assumption of risk is in addition to, and not in lieu of, the release, waiver, and indemnity provisions set forth below.

7.4 Supervision; Minors. Renter represents that Participants are physically able to engage in light-to-moderate athletic activity; Renter will enforce all rules and instructions and provide continuous supervision. Renter will immediately cease use and secure the Equipment upon unsafe conditions or malfunction. If any Participants are minors, Renter as parent/guardian, or as host authorized by the minors’ parent/guardian acknowledges the foregoing risks on their behalf and agrees they are subject to this Assumption of Risk and the Release and Indemnity below.

Article 8. Release of Liability (Waiver of Claims); Covenant Not to Sue

READ CAREFULLY — YOU ARE GIVING UP LEGAL RIGHTS

8.1 Released Parties. For purposes of this Agreement “Released Parties” means the Company and its past, present, and future owners, members, managers, officers, employees, agents, contractors, insurers, and affiliates.

8.2 Scope of Release. To the fullest extent permitted by Arizona law, Renter, for themself and for their executors, administrators, heirs, next of kin, assigns, and any person or entity claiming by, through, or under them including subrogating insurers, hereby releases, waives, and discharges the Released Parties from any and all claims, demands, causes of action, damages, losses, costs, and liabilities of any kind or nature, whether known or unknown, arising out of or related to the rental, delivery, placement, presence, setup, use, operation, supervision, or removal of the Equipment and Trailer, and any conditions at or around the Site, including, without limitation, bodily injury, illness, or death; property damage or loss; economic loss; medical expenses; and loss of consortium.

8.3 Negligence Included. WITHOUT LIMITING THE FOREGOING, THIS RELEASE EXPRESSLY APPLIES TO CLAIMS ALLEGING THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, INCLUDING NEGLIGENT DELIVERY, SETUP, INSTRUCTION AND ORIENTATION, TRAINING, HIRING AND RETENTION, SUPERVISION, INSPECTION, MAINTENANCE, REPAIR, OR FAILURE TO WARN, TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW. RENTER UNDERSTANDS THEY ARE RELINQUISHING THE RIGHT TO SUE THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE CONNECTED TO THE ACTIVITIES AND CONDITIONS DESCRIBED ABOVE. THIS RELEASE DOES NOT APPLY TO CLAIMS BASED ON A RELEASED PARTY’S GROSS NEGLIGENCE OR INTENTIONAL/WILLFUL MISCONDUCT WHERE SUCH A WAIVER IS NOT ENFORCEABLE UNDER ARIZONA LAW.

8.4 Covenant Not to Sue; No Subrogation. Renter covenants and agrees not to initiate, assist, or maintain any lawsuit, arbitration, or claim against any Released Party for any matter released in this Section 8, and agrees to cause their insurers and anyone claiming through them not to do so. If Renter, or someone on their behalf, nevertheless brings a released claim, Renter shall indemnify and reimburse the Released Parties for all defense costs, attorneys’ fees, and expenses incurred in responding to or defending such claim, in addition to any other remedies in accordance with this Agreement. This Release extends to all derivative or related claims, including but not limited to equitable indemnity, contribution, and subrogation claims by any insurer or third party, and loss of consortium or similar claims by family members, to the maximum extent allowed by law.

8.5 Minors; Parent/Guardian Acknowledgment. Renter certifies that if any Participants are minors, the Minor’s respective Parent or Guardian or Renter acting with express authority from the minor’s parent/guardian:
• acknowledges and accepts the risks on the minor’s behalf and agrees that the minor is bound by this Release and the Assumption of Risk in 1.8;
• agrees to indemnify, defend, and hold harmless the Released Parties from any claim by or on behalf of the minor, or by the minor’s other parent or guardian, arising out of the minor’s participation; and;
• If the event involves minors who are not the Renter’s children, Company recommends obtaining separate parental consents; Renter remains responsible under this Agreement regardless of obtaining separate parental consents.

8.6 Conspicuous Acknowledgment. RENTER UNDERSTANDS AND AGREES THAT THIS ARTICLE 8 IS INTENDED TO BE CONSPICUOUS, CLEAR, AND UNAMBIGUOUS, AND THAT RENTER IS WAIVING SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE. RENTER HAS HAD THE OPPORTUNITY TO ASK QUESTIONS AND SEEK COUNSEL, AND SIGNS/INITIALS VOLUNTARILY.

Article 9. Indemnification and Hold Harmless

9.1 Indemnity. To the fullest extent permitted by Arizona law, Renter shall, at its own expense, defend or settle any and all claims, suits, demands, actions, arbitrations, investigations, or other proceedings made or instituted by or on behalf of a third party (each, a “Claim”) against Company or any of its owners, members, managers, officers, employees, agents, contractors, insurers, or affiliates (collectively, the “Indemnified Parties”), and shall pay any agreed settlement amounts and any and all losses, damages, fines, penalties, judgments, and expenses, including reasonable attorneys’ fees, expert fees, and costs (collectively, “Losses”), to the extent such Claims or Losses are caused by or alleged to have been caused by: (a) the use, misuse, presence, operation, or possession of the Equipment or Trailer during the Rental Period; (b) activities at or around the Site in connection with the Equipment or Trailer (including crowd and queue management, trip hazards, stray balls, property impacts, and other known or unknown risks); (c) bodily injury, illness, or death of any Participant, invitee, attendee, or other third party; (d) damage to property (including fixtures, landscaping, vehicles, windows, or utilities); or (e) Renter’s breach of this Agreement or violation of applicable laws, permits, or venue rules. The foregoing obligations apply even if a Claim alleges that an Indemnified Party’s own negligence contributed to the loss, except that Renter has no obligation to defend, indemnify, or hold harmless to the extent any Claim or Loss is finally adjudicated to have been caused by that Indemnified Party’s sole gross negligence or intentional and willful misconduct (and any Indemnified Party not found to have engaged in such conduct shall continue to enjoy the full benefit of this indemnity to the extent of Renter’s causation). Renter’s obligations expressly include Claims brought by or on behalf of minors and other Participants and invitees, and any derivative or subrogation Claims.

9.2 Defense Obligation; Selection of Counsel. Upon Company’s written tender, Renter shall immediately assume the defense of any covered claim with competent counsel reasonably acceptable to Company, at Renter’s sole cost. Company may, at its option, participate in the defense with counsel of its choice at Renter’s expense if a conflict of interest exists or if Renter fails to provide a timely, adequate defense. If Renter does not promptly assume or maintain the defense, Company may defend or settle the matter and Renter shall reimburse the Indemnified Parties for all fees, costs, and amounts paid.

9.3 Notice; Cooperation. The Indemnified Parties shall promptly notify Renter of any claim for which indemnity is sought, delay will not relieve Renter except to the extent Renter is materially prejudiced. The parties shall reasonably cooperate.

9.4 Fines, Penalties, and Governmental Actions. Without limiting any other provision of this Agreement, Renter shall indemnify and hold harmless the Indemnified Parties from any fines, penalties, citations, or assessments arising from Renter’s use of the Equipment and Trailer, Site conditions arranged by Renter, lack of permits and permissions, noise or occupancy violations, or other Renter-caused regulatory issues.

9.5 No Reliance on Company Insurance. Renter shall not rely on any actual or perceived insurance of Company to cover Renter’s obligations or potential exposures.

Article 10. Governing Law; Venue; Dispute Resolution

10.1 Governing Law; Forum Selection; Jurisdiction; Venue. This Agreement, and any dispute, claim, or controversy arising out of or relating to it or the rental and use of the Equipment and Trailer (collectively, a “Dispute”), shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws rules. parties irrevocably consent to the exclusive jurisdiction and venue of the state courts located in Pima County, Arizona for any Dispute. Renter waives any objection based on inconvenient forum or lack of personal jurisdiction and agrees that service of process may be made by certified mail or nationally recognized courier to the addresses on the signature page in addition to any method permitted by law.

Article 11. Other Standard Protective Terms

11.1 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted and the remaining provisions shall continue in full force and effect, preserving the parties’ intent to the greatest lawful extent.

11.2 Survival; Cumulative Remedies. Renter’s duties under Articles 3, 7, 8, 9, 10 and 11 survive expiration or termination of the Rental Period and are in addition to any other remedies available at law, in equity, or under this Agreement.

11.3 Entire Agreement. This Agreement, including any Rental Orders incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter and supersedes all prior or contemporaneous oral or written proposals, understandings, or representations; no other terms shall be binding unless set forth in a writing signed by both parties.

11.4 Amendments in Writing. No modification, amendment, extension, waiver, or change of any term of this Agreement shall be effective unless in a written instrument expressly stated to modify this Agreement and signed by both Company and Renter.

11.5 No Waiver. Any failure or delay by Company to enforce any term or exercise any right shall not operate as a waiver of that or any other term or right; a waiver on one occasion shall not be deemed a continuing or future waiver, and all rights and remedies are cumulative and in addition to those at law or in equity.

11.6 Construction. Each party agrees and acknowledges that he, she, or it was represented by legal counsel (or had the opportunity to be represented by legal counsel) in connection with the negotiation, execution, and delivery of this Agreement and that such party and their legal counsel have reviewed and revised this Agreement, or have had an opportunity to do so, and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement.

11.7 Signatory Authority. If Renter is an entity, the individual signing represents and warrants that they have full authority to execute this Agreement on Renter’s behalf and to bind Renter to all terms herein; Company is entitled to rely on such authority.

11.8 Photographs and Marketing. For advertising and marketing purposes, Renter understands and agrees that the Company may photograph or video the rental and Renter’s participation in or around the Equipment/ and Trailer during the Rental Period (collectively “Media Content”). By entering into this Agreement, Renter consents to the capturing by Company of Media Content of Renter and the Participants in the context of their participation in the use of the Equipment. Renter also gives their consent for the Media Content captured to be used by Company for advertising or marketing purposes, including, but not limited to, on Company’s website, print media, and social media networks such as Facebook, Instagram, LinkedIn, Yelp, Twitter, and other similar outlets. Renter understands and agrees that this Media Content may be stored on Company’s computer systems, but that Renter will have no access to the Media Content. Renter waives all rights to, and interest in, the Media Content.

11.9 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument; signatures delivered by electronic means are deemed original and enforceable.

Renter certifies that Renter has carefully read this entire Agreement, fully understands its terms, understands that Renter is giving up substantial legal rights (including the right to sue for ordinary negligence as stated herein), has had the opportunity to ask questions and seek counsel, and is signing freely and voluntarily with the intent to be legally bound.