Equipment Lease Agreement & Liability Waiver

This Equipment Lease Agreement (the “Lease”) is between Dells Mobility Scooters LLC, a Wisconsin Limited Liability Company (the “Owner”), and the individual identified on the signature page (the “Renter”).

1. Lease & Delivery

The Owner hereby leases to the Renter, and the Renter hereby accepts, the personal mobility equipment identified in the Renter’s digital rental record (the “Equipment”). This Lease is effective immediately upon the Renter taking possession of the Equipment and remains in effect until the Equipment is physically returned to and checked-in by the Owner. Renter acknowledges that they have received the Equipment in good working order and repair.

2. Weight Capacity Affirmation

Renter acknowledges that the Equipment has a specific maximum weight capacity as specified on the unit’s manufacturer tag and the Renter’s receipt. By signing below and taking possession, Renter certifies they do not exceed the unit’s posted capacity. Renter understands that overloading the unit constitutes “Material Breach of this Lease,” which immediately voids all Damage Waivers and releases the Owner from any liability for resulting mechanical failure or injury.

3. Rent, Fees, and Security Deposit

• Rental Rate: Renter shall pay the specified rent in advance to make the reservation.
• Late Payments: Unpaid sums shall bear interest at 12% per annum or the maximum lawful rate.
• Excessive Cleaning Fee: Equipment must be returned in the same state of cleanliness as received, ordinary wear and tear excepted. An Excessive Cleaning Fee of $50.00 per hour (one-hour minimum) will be charged if the Equipment requires professional cleaning. Examples include, but are not limited to: significant mud, clay, or outdoor debris; food/beverage spills; presence of bodily fluids; or adhesive residue.

4. Optional Damage Waiver Purchase (The “Dells Protection”)

The Damage Waiver is an optional contractual agreement that reduces or eliminates your financial responsibility for physical or mechanical damage to the Equipment.

• 4.1 Notice: This Is Not Insurance. The purchase of a Damage Waiver (“DW”) is a contractual agreement. The Owner agrees to waive its legal right to collect from the Renter for specific damages. It does not provide third-party liability coverage.
• 4.2 Automatic Enrollment & Opt-Out. This Lease automatically includes the Standard Damage Waiver at a rate of $19.00 per rental. Renter may decline this coverage by checking “Waiver Decline” on the signature page, becoming 100% financially liable for all damages.
• 4.3 Exclusions. This waiver is VOID if damage results from: Material Breach (stunt driving/overloading), Impairment (alcohol/drugs), Terrain Violations (sand/water), Negligent Security (leaving key in ignition), or Abandonment.
• 4.4 What Is Not Covered (Exclusions). This waiver is VOID and the Renter remains fully liable for the full replacement cost (MSRP) or repair of the Equipment if damage results from:
  • Material Breach of this Lease: Driving off curbs, “stunt” driving, or overloading the unit beyond its posted weight capacity.
  • Impairment: Operation of the Equipment while under the influence of alcohol, cannabis, or any controlled substance.
  • Water Damage: Any damage caused by exposure to water, rain, or moisture of any kind. The Wisconsin Dells area experiences frequent rainfall. The Renter is solely responsible for keeping the Equipment dry at all times, including during transport and storage. This includes, but is not limited to, rain, puddles, sprinklers, water parks, pools, and lakefronts. If rain begins, the Renter must immediately seek shelter and cover or store the Equipment in a dry location.
  • Terrain Violations: Operation on unauthorized surfaces including sand, mud, or loose gravel.
  • Negligent Security: Theft of the unit where the key was left in the ignition while unattended.
  • Unauthorized Drivers: Operation by any person other than the Renter or those authorized in writing.
  • Abandonment: Damage occurring after the unit has been left unattended at a hotel or mall without a physical hand-off to Owner staff.

5. Permitted Use

• Permitted Terrain: Use is authorized on all Safe and Suitable Terrain, including but not limited to: paved sidewalks, indoor flooring (carpeting, tile, laminate), and well-maintained/cut grass surfaces.
• Prohibited Surfaces: Operation is strictly prohibited on sand, loose gravel, mud, or in standing water/submerged conditions, or any surface where the weight of the Equipment causes the unit to sink or become unstable.
• Rain & Water Exposure: The Equipment is not waterproof. The Wisconsin Dells area experiences frequent rainfall. Renter is solely responsible for keeping the Equipment dry at all times. If rain begins, Renter must immediately seek shelter and move the Equipment to a covered, dry location. Damage caused by rain, puddles, sprinklers, water park splash zones, or any other moisture exposure is never covered by the Damage Waiver and will be charged to the Renter at full repair or replacement cost.
• Sidewalk Right-of-Way: Per WI Stat. § 346.805, Renter shall yield the right-of-way to all pedestrians and bicyclists, exercise due care, and provide an audible signal (voice or bell) when passing others on sidewalks.
• Battery Responsibility: The Equipment is delivered fully charged. Renter is responsible for charging the battery as needed for their daily use. If a Renter becomes stranded due to a failure to charge the battery and requires a technician to deliver a replacement battery or tow the unit, a $100.00 “Stranded Recovery Fee” will be charged to the card on file. Recovery services are subject to technician availability.
• Authorized Users & No Passengers: The device is designed for one user at a time. Additional passengers are at higher risk for injury. Only one authorized user may use the device at one time.

6. Ownership and Title

The Equipment is the exclusive personal property of the Owner. Payment of rent does not give the Renter any equity interest or legal ownership.

7. Indemnification (Full Legal Protection)

Renter agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS Dells Mobility Scooters LLC, its members, and its Partner Hotels/Resorts (collectively, the “Released Parties”) from and against any and all claims, damages, or expenses (including attorney’s fees) arising from the Renter’s possession or use of the Equipment. This includes injury to third parties or damage to resort property, including claims resulting from the ORDINARY NEGLIGENCE of the Released Parties.

8. Liability for Loss and Damage

If the Equipment is destroyed or stolen, Renter shall pay the Owner the Full Replacement Cost (MSRP). Renter authorizes Owner to charge the credit card on file for all repair costs or fees not covered by a valid Damage Waiver.

9. Damage and Repair Charges

Renter grants Irrevocable Authorization to the Owner to charge the card on file for: Unpaid rent, repair labor ($50/hr), excessive cleaning ($50/hr), or replacement costs. Renter waives the right to “chargeback” these fees with their credit card issuer.

10. Default and Remedies

Upon default (failure to pay or breach of terms), Owner may, without notice, terminate the lease and retake possession of the Equipment.

11. Wisconsin Recreational Waiver (Release of Liability)

11.1 Release. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENTER AGREES TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE DELLS MOBILITY SCOOTERS LLC, ITS MEMBERS, EMPLOYEES, AND ITS PARTNER HOTELS/RESORTS (THE “HOST FACILITY”) FROM ANY AND ALL CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. THIS RELEASE INCLUDES CLAIMS REGARDING NEGLIGENT MAINTENANCE, EQUIPMENT SELECTION, INSTRUCTION, OR PREMISES CONDITIONS.

11.2 Opportunity to Bargain. RENTER ACKNOWLEDGES A FULL AND FAIR OPPORTUNITY TO REVIEW THIS LEASE AND TO BARGAIN OR NEGOTIATE ITS TERMS PRIOR TO SIGNING. RENTER UNDERSTANDS THIS IS A NEGOTIATED CONTRACT. IF RENTER WISHES TO MODIFY ANY TERMS OF THIS RELEASE, THEY MUST CONTACT THE OWNER AT HELLO@DELLSMOBILITYSCOOTERS.COM PRIOR TO SIGNING. BY SIGNING BELOW, RENTER REPRESENTS THEY HAVE EITHER NEGOTIATED THE TERMS OR HAVE VOLUNTARILY CHOSEN TO WAIVE THE RIGHT TO BARGAIN AND ACCEPT THE TERMS AS WRITTEN.

12. Limitation of Liability

Owner’s total liability for equipment failure or non-delivery is strictly limited to a refund of the Rent paid for the unused portion of the term. Owner is not liable for “consequential” damages (missed tours, park tickets, or emotional distress).

13. Release of Host Facility

RENTER UNDERSTANDS THAT IF THIS EQUIPMENT WAS MADE AVAILABLE AT A THIRD-PARTY RESORT OR HOTEL (THE “HOST FACILITY”), RENTER HEREBY RELEASES AND HOLDS HARMLESS THE HOST FACILITY FROM ANY AND ALL LIABILITY FOR INJURY OR DAMAGE CAUSED BY THE ORDINARY NEGLIGENCE OR OMISSIONS OF THE HOST FACILITY. RENTER AGREES THAT THIS CONTRACT IS EXCLUSIVELY WITH DELLS MOBILITY SCOOTERS LLC.

14. GPS Tracking and Privacy

Renter acknowledges the equipment is equipped with a GPS tracking device. Owner reserves the right to track location, speed, and status for asset protection, safety compliance, and incident reconstruction.

15. Return Protocols & Chain of Custody

15.1 Locations. Equipment must be returned to the exact location of pick-up or authorized stall.

15.2 Hotel/Resort Delivery. Renter must return the unit to the Concierge or Bell Stand and ensure resort staff take physical possession. Renter remains responsible for the Equipment until physical possession is confirmed.

16. Operator Age Requirements

• Motorized Scooters: Minimum age 18+.
• Manual Wheelchairs: No minimum age for occupant, but Renter must be 18+.

17. Disputes & Venue

This agreement is governed by Wisconsin law. Both parties consent to the personal jurisdiction of the state courts in Sauk County, Wisconsin. The prevailing party in any dispute shall be entitled to reasonable attorneys’ fees.

18. Severability

If any provision of this agreement is held to be invalid or unenforceable, such invalidity will not affect any other provision. This agreement will be reformed to the minimum extent necessary to make it enforceable.