RENTAL TERMS

COLLEGE KEGERATOR LLC RENTAL AGREEMENT

THIS INTENDED TO BE A LEGALLY BINDING CONTRACT, INCLUDING THE SPECIFIC AND GENERAL TERMS DESCRIBED BELOW AND CONSISTING OF THREE PAGES. IF NOT UNDERSTOOD, LESEE (S) IS ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL COUNSEL.
PARTIES: :The address of the Lessor, for purposes of service process, notices and demands is COLLEGE KEGERATOR LLC is hereinafter know as "Lessor" AND the individual on the College Kegeratoraccount hereinafter know as "Lessee(s)" agree as follows:
(Information on account with www.collegekegerator.com)

SPECIFIC TERMS:
INTENT: The Lessee(s) hereby agree to lease the 'kegerator" described as beverage dispenser in the city and state listed on College Kegeratoraccount.
LOCATION: The Lessee agrees to permanently locate, store and keep the "kegerator" at the following location described as the “shipping address” for the account. At no times, under any exception shall the kegerator be located at any physical address other than the one described above. If the kegerator is found to be anywhere other than the stated address, than the Lessee(s) agrees to forfeit the kegerator as well as any monies collected for security deposit and agrees this agreement is no longer enforceable once the kegerator has been repossessed.
TERM OF LEASE: This agreement shall begin when the kegerator is delivered after an order for a kegerator rental or draft equipment rental has been placed on www.kegsmart.com at which time Lessee(s) shall be entitled possession of the "kegerator".
FIXED TERM lease (rent) for a period of specified in the online order. A fixed term lease terminates upon the expiration of the agreed upon terms, subject to the Holdover, Default and Termination provisions of this agreement.
This agreement shall terminate on the date that is the amount of time after the specified time on the kegerator rental order placed on www.kegsmart.com from the delivery date, at which time lessee shall return the kegerator to the Lessor in the condition it was originally received including all of the draft beer equipment.
PAYMENT TERMS: The Lessee(s) agrees to pay Lessor the amounts set out as follows
First Month's Rent:   $specified in the rental order, collected UPFRONT upon entry into this agreement and before delivery
Security Deposit:       $specified in the rental order, collected UPFRONT upon entry into this agreement and before delivery
Monthly Rental:       $specified in the rental order, on the 6th day of each month hereafter
Late Charges in addition to the monthly rental fee:
$30 if monthly rent is not paid by midnight of the 6th day of the month, days thereafter are $5/day up to $50/month.
   $35 if CC on file has expired/declined /been cancelled and is not updated on the account with www.kegsmart.com
PARTS: All parts and equipment delivered with the kegerator are the obligation of the Lessee(s).
LIABILITY: It is understood by the Lessee(s) that the Lessor can in no way be held liable for any incidents relating to the operation of the "kegerator". Lessee(s) understand that the operation and use of the "kegerator" is at their own risk, and will assume all liability arising from the use of the "kegerator". Any incidents relating to the consumption of alcohol dispensed by the "kegerator" is in no way the fault of the Lessor. The Lessee(s) agree by signing this agreement they are responsible for who consumes any beverage out of the "kegerator" and their actions. It is directly understood that College KegeratorLLC, www.kegsmart.com, or College Kegerators LLC, will not be liable for any negligence resulting from any use of the "kegerator". The Lessee(s) agree to use the "kegerator" at their own risk and is aware that they are solely liable for dispensing alcohol to any persons. By signing this agreement the Lessee waives any right to hold the Lessor responsible for any actions, incidents, events or even deaths related to the "kegerator" leased in this agreement.
SECURITY DEPOSITS: Lessee(s) agrees to pay concurrent with the signing of this agreement a security deposit to secure Lessee(s) compliance with all of the conditions of this agreement and Lessor's Rules and Regulations, if any. The Lessor will hold all security deposits in a trust account. Allow 60 days after returning the kegerator for a security deposit refund to be refunded. If held in an interest bearing account, all interest will be retained by the Lessor to cover bank service charges relating to the trust account. Lessor is not required to provide trust account information to the Lessee(s). The security deposit shall not be deemed rent for any rental month, unless Lessor elects to do so, nor shall it constitute a measure of the Lessor's damage in the event of default by Lessee(s).   If the security deposit is insufficient to satisfy such sums owing, Lessee(s) shall pay the deficiency upon demand. If Lessee(s) fails to pay such deficiency upon demand, Lessor may proceed with collection of such deficiency using any lawful means. Any excess of the security deposit will be returned within 60 days to the forwarding address provided by the Lessee(s). To avoid a $25 cleaning fee make sure the inside and out of the kegerator is thoroughly cleaned including the drip tray and freezer box.
INSURANCE: Lessor shall not be liable to Lessee (s), nor insure Lessee (s), for any personal injury or property damage caused by the act or omission of any other Lessee(s) or third party, or by any criminal act or activity, war, riot, insurrection, fire or act of God. Lessee(s) acknowledges responsibility for securing insurance to cover Lessee(s)' personal property against any loss or damage resulting from the use of the "kegerator".
RENT: Rent is payable in advance or on or before 5:00pm on the day indicated for each calendar month to the Lessor at the address indicated in the Specific Terms of this agreement, or at such other place as may be designated by Lessor from time to time. Acceptance of rent does not constitute a waiver of prior Lessee(s) default. All payments made by Lessee(s) shall apply first to the oldest sums due and owing under the terms of this agreement.
LATE CHARGE: In the event rent is not paid by the date set out in the Specific Terms of this agreement, a late charge in the amount set forth therein shall arise. The late charge period is not a grace period and Lessor is entitled to pursue the remedies provided herein if rent is not paid when due. It is the responsibility as the lessee to keep billing information updated on the account with www.kegsmart.com. If we have to take actions to collect the rent it will be at the lessee’s expense. If CC information on the account is not current we reserve the right to confiscate the kegerator and keep all security deposits with no refund. Updating account form of payment is crutial in avoiding late charges and All late fees shall be deemed additional rent for the rental month and shall be paid and collected as such.
NSF CHECKS: In the event any payment, made by check, to the Lessor by Lessee(s) is returned unpaid, the Lessee(s) payment shall not be considered made until such funds are made good. In addition Lessee(s) shall pay the NSF Check Fee of $45 in addition to the amount due from that time forward all payments must be in the form of a cashier's check or money order.
TERMINATION OF LEASE: Upon termination of this lease, Lessee(s) shall return "kegerator" to Lessor in the same condition and repair as when received, and free of all Lessee(s)'s personal property, stickers, magnets, trash and debris. Lessee(s) acknowledges that no representations as to the condition or repair of the premises, nor as to Lessor's intentions with respect to any improvements, alteration, decoration or repair of the premises, have been made to Lessee(s), unless provided in this agreement.
HOLDOVER: Because this is a Fixed Term Lease, unless written notice of termination is given by either party no later 5 days after the expiration date of such fixed term, this lease shall be automatically renewed on a MONTH-TO-MONTH basis at the current rental rate and subject to the terms of this agreement, except as modified by this paragraph.
WAIVER OF DEFAULT: Lessor's failure to require strict compliance with the conditions of this agreement or to exercise any right provided for herein, shall not be deemed a waiver of such default nor limit Lessor's rights with respect to that, or any subsequent default.
SEVERABILITY: If a part of this agreement is invalid, all valid parts that are severable from the invalid part shall remain in effect. If part of this agreement is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
NOTICES: Unless otherwise provided, any notice required to give pursuant to the terms of this agreement, may be given personally or by mailing the same, postage prepaid, certified to Lessee(s) at the premises or to the Lessor at the address stated in the Specific Terms of this agreement or at such other places as may be designated by the parties from time to time. Notice will be deemed effective three (3) days after mailing or upon personal delivery.
TIME: Time is of the essence to the terms of this agreement.
JOINT AND SEVERAL LIABILITY: It is expressly understood that this agreement is between the Lessor and each Lessee (s) jointly and severally. Each Lessee (s) will be responsible for timely payment of rent and performance of all other provisions of this agreement.
ATTORNEY'S FEES: In any action brought by the Lessee(s) or Lessor to enforce any of the terms of this agreement, the prevailing party in such action shall be entitled to such reasonable attorney fees and costs as the court or arbitrator shall determine just.
CERITFICATIONS: The parties have reviewed the information above and certify, to the best of their knowledge, that the information, which they have provided, is true and accurate.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and supersedes any oral or written representation or agreements that may have been made by either party. Further, Lessee(s) have relied solely on their own judgment, experience and expertise in entering into this agreement with the Lessor and are of legal age (or if Lessee(s) are not of legal age, Lessee(s) agree this agreement is for a necessity) and sound mind.

By submitting an order and/or signing this document for a “kegerator rental,” the account holder specified by the “name” on the account agrees to the term and condition of this herein lease agreement for the kegerator rental.

Lessee signature__________________________________________________________Date_____________________________
Overview of Kegerator Rental Policies
Do not move the kegerator from the shipping/delivery location.
If another person would like to take over your account they must first setup a rental account with www.collegekegerator.com, at which time they can take over the remaining payments on the kegerator lease.
Upon termination of the lease return the kegerator in the condition in which it was delivered. To avoid a $25 cleaning fee; thoroughly clean the inside and out of the appliance, run the drip tray through the dish washer and clean the inside of the freezer box. Remove all stickers, magnets, graffiti, trash or other items that were not a part of the kegerator at delivery. The kegerator is delivered full of CO2, you are not required to return the kegerator with a full CO2 cylinder.
We are not required to fill your CO2 cylinder over the life of your lease. It is the lessee’s obligation to maintain CO2.
If you would like to purchase the kegerator after the rental lease has expired you may negotiate a price with the College KegeratorDistributor that delivered your kegerator to possibly apply the rent paid towards the purchase price + local sales tax.
By agreeing the Lessee waives any right to hold the Lessor responsible for any actions, incidents, events or even deaths related to the "kegerator" leased in this agreement.
The most important part: if we attempt to collect funds and your billing information is not updated on your account and we are declined payment you will be charged!
Foam is not our fault. We are happy to offer expertise and advise to help resolve beer situations but it is up to the lessee to gain the minimal knowledge to successfully pour a quality draft beer.