Chocolate Fountain Rental Agreement

  1. Payment Terms. Amy’s Candy Kitchen, Inc. rents to ______(“Customer”) the Chocolate Fountain for the date of _____, 2005 (“Event Date”) for a period of _____ calendar days/hours, and supplies to Customer ___ pounds of Belgian Chocolate. Customer agrees to pay Amy’s Candy Kitchen, Inc. the rental fee of $______and the attendant fee of $______(if negotiated). If an attendant is not included in the foregoing fees, then Customer is responsible for delivery, set up, operation, clean up, and return of the Chocolate Fountain.
  1. Deposit Terms. Customer agrees to pay the deposit (via cash, check, or credit card) of $______upon ordering the Chocolate Fountain, and agrees to pay the remaining balance (via cash, check, or credit card) of $______10 business days before the Event Date. If an attendant is contracted for the Event Date in Section 1 above, then the deposit will be applied against the final balance. Otherwise, the deposit will be credited only after the Chocolate Fountain has passed examination by an Amy’s Candy Kitchen, Inc. employee. Damages, repairs, and all other charges found by an Amy’s Candy Kitchen, Inc. employee to have been incurred will be paid immediately after the rental period has concluded.
  1. Ownership. Customer acknowledges and agrees that Amy’s Candy Kitchen, Inc. has at all times all right, title, interest, and ownership in the Chocolate Fountain.
  1. Customer Prerequisites. Customer agrees to provide the following on the Event Date: (a) one 120-volt AC circuit, 15 amperes AC (separate from other equipment) within 15 feet; and (b) table sized to accommodate and support the Chocolate Fountain (100 pounds minimum); and (c) condiments (if contracted for by Customer with a third party).
  1. Warranty Disclaimer. The terms of this agreement represent the only warranties, whether express or implied or statutory, between the parties hereto, and Amy’s Candy Kitchen, Inc. disclaims all other warranties, including but not limited to, any implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
  1. INDEMNIFICATION. AMY’S CANDY KITCHEN, INC. SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE OF CUSTOMER OR ANY THIRD PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, RENTAL OR USE OR INABILITY TO USE THE CHOCOLATE FOUNTAIN. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS AMY’S CANDY KITCHEN, INC. FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, COSTS (INCLUDING ATTORNEY’S FEES), DAMAGES, AND LIABILITIES DIRECTLY OR INDIRECTLY ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, RENTAL OR USE OR INABILITY TO USE THE CHOCOLATE FOUNTAIN.
  1. Entire Agreement. This agreement represents the entire agreement between Customer and Amy’s Candy Kitchen, Inc., and supersedes all prior agreements and/or representations (whether oral or in writing) between the parties regarding the contents hereof.

THE PARTIES HERETO HAVE READ, UNDERSTOOD, AND AGREED TO ALL THE TERMS OF THIS AGREEMENT, AND AGREE TO BE BOUND TO SUCH TERMS.

Customer (printed): ______On behalf of Amy’s Candy Kitchen, Inc. (printed) ______

Customer (signature): ______On behalf of Amy’s Candy Kitchen, Inc. (signature) ______

Date: ______, 20___ Date: ______, 20___