Rental Agreement
This rental agreement (“Agreement”) is between Life Improved, LLC (“PROVIDER”) and (“RENTER”).
For purposes of this Agreement, Life Improved, LLC only provides rental units and does not engage in sales nor provide product performance information to RENTERs referred by other representatives, also known as BEMER IBD’s. RENTER has been referred by , .
EVO Set rental pricing: $169 per week (3-week minimum initial term), with extension options of $29 per additional day, $169 per additional week, or $575 per additional full month (saving over $100 compared to weekly pricing).
CONTRAINDICATIONS
• Immunosuppressive therapy in consequence of transplantation
• Immunosuppressive therapy in consequence of allogenic cellular transplantations or bone marrow stem cell transplantation.
• Other conditions often requiring immunosuppressive therapy, e.g. autoimmune diseases or dermatological diseases are not contraindications to the use of BEMER therapy. BEMER therapy application has to be cleared by physician in charge.
• Active medical implants that lead to stimulation (e.g. pacemakers, defibrillators, brain stimulators, muscle stimulators) represent a relative contraindication. The adjuvant application of the BEMER therapy must be discussed with the patient’s attending physician.
• All active medical implants that are intended to administer medication (medication pumps) are an absolute contraindication and prohibit the use of BEMER therapy.
• Do not use the device if you have a diagnosed Deep Vein Thrombosis (DVT).
RENTER elects to rent the following equipment:
EVO Set – $169 per week.
The rental duration, 3-weeks minimum, shall be determined by the RENTER in the checkout process of this site.
Rental periods begin the day after item(s) are picked up from PROVIDER at PROVIDER's location or if shipped, the day after the first delivery attempt is made. All rental items may require a signature at pick up or delivery.
1. Early Termination
Early Termination of any Rental Item(s) will not be subject to any refunds for the unused portion of this rental, unless previously agreed to in writing by both parties.
2. Rental Extensions; Daily, Weekly, and Monthly Options; Automatic Weekly Billing
RENTER understands that all original rentals are subject to a three (3) week minimum term. Prior to the end of the initial three-week rental term, RENTER may elect to extend the rental for an additional full month at a discounted rate of $575 per month (“Monthly Extension”), which provides a savings of over $100 compared to the standard weekly rate.
After the initial three-week rental term, RENTER may, at RENTER’s option, request extensions in daily, weekly, or monthly increments (as made available by PROVIDER at the time of extension) by placing an extension order online or by phone before the current rental period expires. Current extension rates for the EVO Set are $29 per day, $169 per week, and $575 per month, subject to change by PROVIDER with notice.
If RENTER does not elect a Monthly Extension or other extension option before the end of the current rental period and does not return the Rental Item, RENTER agrees that the rental will automatically continue on a weekly basis at PROVIDER’s then-current weekly rate for the EVO Set, which is currently $169 per week, until the Rental Item is returned to and checked in by PROVIDER or until 150% of the full retail price has been met, whichever comes first.
RENTER acknowledges and agrees that all such daily, weekly, or monthly extension charges may be charged automatically to RENTER’s stored payment method in accordance with the Payment Authorization; Recurring Billing section of this Agreement.
3. Payment Authorization; Recurring Billing
RENTER authorizes PROVIDER and PROVIDER’s payment processor to store RENTER’s credit or debit card information and to charge such card automatically for all rental fees, extension fees (including daily, weekly, and monthly extensions), taxes, and any other amounts owed under this Agreement, without further notice to RENTER, until all Rental Item(s) have been returned to and checked in by PROVIDER and all outstanding amounts have been paid in full.
RENTER understands and agrees that rental fees may be charged on a recurring basis (including, without limitation, $29 per day, $169 per week, and $575 per month for the EVO Set, as applicable), and that charges will continue to be applied for each additional rental period until the Rental Item is returned to and checked in by PROVIDER or this Agreement is otherwise terminated in accordance with its terms.
RENTER represents and warrants that RENTER is an authorized user of the payment method provided and that RENTER will promptly notify PROVIDER if the payment method is canceled, replaced, or otherwise becomes unavailable for charges.
4. Consideration
In consideration for use of the Rental Item(s) to be rented by RENTER from PROVIDER, RENTER agrees to pay PROVIDER the agreed upon rate paid by a major credit card through the secure checkout of this site or by telephone, as further described in the Payment Authorization; Recurring Billing section of this Agreement.
5. Credit Card Requirements
To qualify to rent the Rental Item(s), the RENTER must present at the time of rental a valid major credit card in the RENTER’s own name with available credit or funds.
6. Shipping or Pick up, & Possession
RENTER may, at its election, pick up the Rental Items at PROVIDER’s location. For Rental Item(s) not picked up and dropped off at PROVIDER’s location in Glendale, AZ, shipping charges other than ground shall be paid to the PROVIDER by the RENTER unless other arrangements have been agreed upon by both parties in writing. Expedited shipping is available at extra cost to the RENTER and may be ordered at checkout. All shipping will be arranged by the PROVIDER. RENTER’s signature may be required for delivery. PROVIDER will provide RENTER with a shipping tracking number, so the RENTER may be prepared to accept and sign for delivery on the delivery date provided by the shipping carrier. PROVIDER will ship item as soon as possible unless delayed shipping is required by RENTER or to meet a requested delivery date. PROVIDER is not responsible for late deliveries by shipping company. PROVIDER does not receive refunds for late deliveries and therefore is not responsible for refunding any money for expedited shipping costs that are not delivered on time. For items returned via shipping, PROVIDER will provide RENTER with a return shipping label either in the rental box or via email. RENTER agrees to return rental Item(s) no later than 1 business day after the rental period has expired in the Rental Items’ original packaging as received by RENTER. Return takes place either by dropping off rental item(s) at the PROVIDER’s location in Glendale, AZ or dropping item(s) off at a valid shipping carrier (as determined by the PROVIDER) drop off point.
7. Responsibility
RENTER assumes all responsibility for the condition of the Rental Item(s) during the entire rental period and shipping. RENTER shall be responsible for the cost of any damages, replacement, repairs, and cleaning incurred as a result of Rental Item(s) not returned or returned damaged, inoperable, or not in the same condition as received.
8. Inspection
RENTER agrees to inspect the Rental Item(s) immediately upon receipt of the Rental Item(s). If any Rental Item(s) are missing, damaged, inoperable, or dirty, RENTER must notify PROVIDER immediately via phone or email to avoid additional charges.
9. Warranty
PROVIDER makes no claim or warranty that the Rental Item(s) will prevent, cure, or treat any disease or ailments nor any other claims of results from using the Rental Item(s). PROVIDER makes no medical claims, intended or implied in connection with the Rental Item(s). RENTER agrees to take full responsibility for its own health while using the Rental Item(s). All RENTERS and any users are encouraged to consult a medical professional before using any of the Rental Item(s). The medical hotline from the manufacturer of the Rental Item(s) will be provided to the RENTER upon request. PROVIDER is strictly a rental company and agrees to provide its Rental Item(s) in clean, damage-free, operable order, in the written agreed upon terms. RENTER acknowledges that PROVIDER makes no representations, warranties, conditions, or covenants, either express or implied, (including without limitation, any express or implied warranties or conditions of fitness for a particular purpose or related to the performance or nonperformance of this device). In connection with Rental Item(s), PROVIDER shall not be liable to RENTER, and RENTER waives any right it may have to seek any damages whatsoever from PROVIDER be they direct, special, consequential, incidental, exemplary, or indirect damages, including without limitation, loss of earnings.
10. Manufacturer’s Disclaimer
Upon execution of this Agreement, RENTER also agrees to the BEMER Disclaimer and Liability Release: BEMER Products are in no way a substitute for medical care. There are no medical claims being made from the use of these products. Statements made have not been evaluated by the FDA; however, BEMER products are FDA registered Class II medical devices. They are not intended to diagnose, treat or cure any medical conditions or diseases. Please consult with your own Physician or health care provider if you have any medical concerns.
11. Renter’s Use of Rental Item(s)
RENTER shall not (i) use the Rental Item(s) in any manner or for any use that is inconsistent with any provision of this Agreement or the manufacturer’s instructions; (ii) make any alterations or additions of any kind to the Rental Item(s); (iii) sell, lease, or dispose of the Rental Item(s); (iv) remove or obscure any identifying, serial, or instructional label placed on the Rental Item(s); or (v) use, maintain, or control the Rental Item(s) in any manner that violates any applicable federal, state, or local law or regulation. RENTER shall be responsible for costs of any damages incurred through the improper use or negligent care of the Rental Item(s). RENTER agrees to properly maintain and care for the Rental Item(s) and agrees to use a surge protector for all Rental Item(s) requiring plugged-in electricity. Such surge protector shall be the responsibility of the RENTER and at the cost of the RENTER.
12. Indemnification
RENTER shall indemnify, defend, and hold PROVIDER harmless for, from, and against any and all legal actions, judgments, suits, demands, fines, damages, or liabilities, including reasonable attorneys’ fees, arising out of or occurring in connection with the Rental Item(s) or RENTER’s negligence, willful misconduct, or breach of this Agreement.
13. Ownership
The Rental Item(s) remain the property of the PROVIDER. RENTER shall not alter any previous settings other than for normal use on said items without written permission from the PROVIDER.
14. Independent Contractor
It is expressly understood that each of the parties is conducting an independent business and is an independent contractor. Neither party shall have any financial responsibility nor financial commitment to the other except as expressly set forth in this Agreement. Each party is responsible for its employees’, representatives’ and/or agents’ actions, expenses and wages, and shall comply with all federal, state, and local tax and other applicable laws.
15. Default; Remedies
RENTER shall be in default of this Agreement if RENTER (i) fails to observe, keep, or perform any provision of this Agreement; (ii) gives up possession of the Rental Item(s) except to PROVIDER; (iii) subjects the Rental Item(s) to any lien, levy, seizure, assignment, transfer, encumbrance, application, attachment, execution, lease or sale; (iv) abandons the Rental items; or (v) permits any other person or entity to possess the Rental Item(s). If any such default occurs, PROVIDER shall be entitled to pursue any lawful remedy available to it, including without limitation (i) requiring RENTER to immediately return the Rental Item(s) at RENTER’s expense; or (ii) acting to immediately repossess the Rental Item(s) in accordance with this Agreement.
16. Termination
The parties agree that this Agreement shall terminate immediately upon the default of RENTER under the provisions of this Agreement, or may be voluntarily terminated by PROVIDER for any reason upon notice to RENTER.
17. Applicable Law; Attorneys’ Fees
This Agreement shall be governed by the laws of the State of Arizona. The parties agree that the sole venue for any legal action relating to this Agreement shall be in Maricopa County, Arizona. In the event that an action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to reimbursement of all costs, including but not limited to reasonable attorneys’ fees and court costs incurred.
18. Assignment
RENTER shall not assign any right or delegate any duty given under this Agreement. PROVIDER shall have the right to assign its rights and/or duties under this Agreement in its sole and absolute discretion. In the event PROVIDER assigns this Agreement, PROVIDER shall not remain liable under this Agreement for any liabilities incurred pursuant to this Agreement after the assignment takes place, providing that the assignee has agreed to assume PROVIDER’s rights and duties under this Agreement.
19. Entire Agreement
This Agreement constitutes the parties’ entire agreement with respect to the matters addressed herein and supersedes all prior discussions and agreements, whether written or oral. No provision of this Agreement may be waived or amended except in writing and signed by both parties. This Agreement shall constitute an enforceable contract. To the extent any provision of this Agreement is deemed unenforceable for any reason, the unenforceable provision shall be severed from the remainder of this Agreement, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge that they fully comprehend and understand all of the terms of this agreement and their legal effects. The parties hereby further expressly warrant that they are competent to execute this agreement, that they are executed knowingly and voluntarily and without reliance upon any statement or representation of any released party or its representatives, and that they have consulted with an attorney of their choice regarding this agreement.
RECURRING PAYMENT AUTHORIZATION: By signing below, RENTER acknowledges and agrees that (1) RENTER’s credit/debit card will be stored and may be automatically charged for the initial rental term and for any daily, weekly, or monthly extensions, (2) charges will continue to apply until the Rental Item is returned to and checked in by PROVIDER, and (3) RENTER remains responsible for all charges incurred prior to the return and check-in of the Rental Item.
