Arcade Oasis Rental Agreement 1. Term. This Agreement shall commence on the Effective Date of __________ and remain in full force and effect until Equipment is returned to Arcade Oasis. 2. Payment. Client shall pay the following: _________ and authorizes Arcade Oasis to charge the debit card or credit card on file with Arcade Oasis an amount equal to all payments and fees due under this Agreement. 50% due at the time the agreement is signed and 50% upon delivery of rental units. Client shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to: a) charges for optional services, if any; b) applicable taxes; c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses; d) unless due to the fault of Arcade Oasis, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Arcade Oasis or the Equipment during the rental Term; e) all expenses Arcade Oasis incurs due to Client’s failure to return the Equipment including costs in locating and recovering the Equipment; f) all costs incurred to collect unpaid monies due 4. Equipment Delivery and Handling. Equipment shall be delivered and placed by Arcade Oasis staff and is not to be moved or serviced by client or any other party. We are unable to deliver to locations that require the units to go up stairs or escalators. 5. Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Arcade Oasis’s instructions or manuals. 6. Insurance. Client must carry insurance satisfactory to Arcade Oasis equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in writing by Arcade Oasis. 7. Restrictions on Use. Client shall not operate the Equipment in a manner likely to cause damage to the Equipment. 8. Loss or Damage. Client shall be responsible for all equipment that is damaged, lost or stolen (whether by use, misuse, accident or neglect), unless caused by Arcade Oasis's negligence. In addition to amounts due to Arcade Oasis in connection with this proposal, Client agrees to pay Arcade Oasis upon demand for all amounts incurred by Arcade Oasis on account of lost, damaged and stolen equipment, based upon repair costs for repairable equipment for lost or irreparable equipment. If security is required by Client or deemed necessary by Arcade Oasis to protect the equipment during the event, Client shall be responsible for all costs in connection with the provision of security. Client shall alert Arcade Oasis to any damage to the Equipment. 9. Equipment Failure. Arcade Oasis maintains and services its equipment in accordance with the manufacturer's specifications and industry practice. Arcade Oasis does not, however, warrant or guarantee that the equipment or services being provided will be free of defect, malfunction or operator error. If the equipment malfunctions or does not operate properly during the event for any reason whatsoever, Client agrees to immediately notify an Arcade Oasis representative. Arcade Oasis will attempt to remedy the problem as soon as possible to ensure minimal disruption to the event. ARCADE OASIS MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 10. Return of Equipment. Client shall return Equipment on the date specified in Section 1 in the same condition as Client received it, except for normal wear and tear. Client shall return the Equipment to the agreed return location. If Equipment is not returned on said date, Arcade Oasis reserves the right to take any action necessary to regain possession of the Equipment. 11. Termination. This Agreement shall terminate on the date specified in Section 1. Arcade Oasis reserves the right to terminate this Agreement earlier upon notice to Client. Client may terminate this contract without cause without penalty with 30 days’ notice. Any deposits will be refunded less any incurred expenses. Cancellations received with less than 30 but more than 14 days' notice shall be subject to a cancellation charge equal to 25% of the total estimate of charges described on the most recent proposal submission. Cancellations received with less than 14 days’ notice shall be subject to a cancellation charge equal to 50% of the total estimate of charges described on the most recent proposal submission. a) NOTE: ALL CANCELLATION NOTICES MUST BE IN WRITING AND RECEIVED BY ARCADE OASIS'S REPRESENTATIVES BEFORE BECOMING EFFECTIVE. IF APPLICABLE - IF ANY CUSTOM MATERIALS WERE PRODUCED FOR CLIENT, AN ADDITIONAL CANCELLATION FEE WILL BE APPLICABLE AND DUE TO ARCADE OASIS REGARDLESS OF THE DATE OF CANCELLATION IN AN AMOUNT EQUAL TO THE DIRECT COSTS INCURRED BY ARCADE OASIS OR ITS AFFILIATES IN SECURING AND/OR CONSTRUCTING SUCH CUSTOM MATERIALS. 12. Indemnification and Liability. Client shall indemnify, defend and hold harmless Arcade Oasis from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Client’s use of Equipment by any cause, except to the extent caused by Arcade Oasis’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL ARCADE OASIS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM CLIENT’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 13. Ownership. Arcade Oasis shall at all times retain Ownership and title to the Equipment. Client shall immediately notify Arcade Oasis in the event Equipment is levied, has a lien attached or is threatened with seizure. Client shall indemnify and hold Arcade Oasis harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property. 14. Force Majeure. Performance under this Agreement may be delayed due to unforeseeable and unavoidable delays caused by federal, state or municipal actions, statutes, ordinances or regulations, government regulations or contracting officers' regulations, acts of god, hurricanes, earthquakes, war or terrorism; other adverse weather conditions; strikes or other labor disputes; or other unforeseeable incidents outside of any responsible party's control which shall make such performance impossible and/or impractical. The party whose performance is so delayed shall give notice of the delay and its cause to the other party to whom performance is owed within five (5) days of the commencement of such delay. 15. Waiver. No failure of Arcade Oasis to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Arcade Oasis’s acceptance of payment with knowledge of a default by Client shall not constitute a waiver of any breach. 16. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision. 17. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought. 18. Assignment. Client may not, without the prior written consent of Arcade Oasis, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void. 19. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement. 20. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Client acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing. NOTES All units are between 18.8 inches and 31.9 inches wide, 18.6 inches and 27.5 inches deep and 57.8 inches and 70.3 inches tall. A list of all dimensions for each machine is posted on the Arcade Oasis website here (pending link) All units can be plugged in and played on a standard 110V outlet. We recommend no more than 4 machines per single outlet on a surge protected power strip (available on request). The average amperage on nearly all our arcade games requires no more than 3 amps of electricity. Arcade Oasis Client___________________________ Printed Name_________________ Printed Name___________________ Signature_____________________ Signature_______________________ Date__________________________Date____________________________