Primary Lease Agreement (Equipment Lease)

RENTAL AGREEMENT

This Rental Agreement is by and between E&N Designs, INC., a Michigan corporation, doing business as THE HAIR TOOL STUDIO, with its principal office located at 30600 Telegraph Road, Bingham Farms, MI 48025] ("Lessor"), and customer ("Lessee").

WITNESSETH

WHEREAS, Lessor operates a consumer rental service providing Hair Tools and related equipment for temporary personal use;

WHEREAS, Lessee desires to rent certain hair tools from Lessor for personal, non-commercial use in accordance with the terms of this Primary Rental Agreement any any applicable rental schedule.

NOW THEREFORE, intending to be legally bound, the parties agree as follows:

2.Rental.

(a) Lessor hereby agrees to rent to Lessee and Lessee hereby agrees to rent from Lessor, subject to the terms of this Rental Agreement (the "Rental"), the Hair Tools and related accessories (“Hair Tools”).

(b) Lessee acknowledges that all Hair Tools are provided for temporary and personal use only. Lessee agrees to use the Hair Tools in a careful, proper, and lawful manner and in accordance with all instructions provided by Lessor.

(c) Lessee is responsible for returning all Hair Tools in the same condition in which it was received, normal wear and tear expected. Normal wear and tear does not include burn marks, melted components, cracked or broken parts, frayed cords, water damages, voltage-related damage, or excessive product buildup.

2.1 Damage, Cleaning fees and Replacement Costs.

(a) Damage Fees. If the Hair Tools are returned with damage beyond normal wear and tear, Lessor may charge Lessee a damage fee of up to 40% of the replacement value, depending on severity.

(b) Cleaning Fees. If the Hair Tools are returned with excessive product buildup, residue or debris requiring deep cleaning, Lessor may charge a cleaning fee of to be determined by the cost of cleaning.

( c) Improper Use or Voltage Damage. Any damage resulting from:

Use of converters or incompatible voltage;
exposure to water or moisture;
misuse, neglect, or failure to follow instructions,

will result in a charge equal to the full replacement value of the Hair Tools.

(d) Full Replacement. If Hair Tools are lost, stolen, not returned, or returned in a condition deemed unsafe or unusable, Lessee authorizes Lessor to charge the full retail replacement cost of each affected item, including any missing accessories.

3.Term and Rent.

(a) The rental term for each item of Hair Tool will be specified at checkout. The Rental period begins of the date the Hair Tools are shipped and ends on the return date selected at the time of booking.

(b) All rental fees are due in full at the time of booking. Rental fees are non-refundable once the Hair Tools have shipped or been picked up.

( c) If the Hair Tools are not returned by the scheduled return date, Lessee will be charged a daily late fee in the amount of $10 per day. If the Hair Tools are more than 7 days past due, Lessor may deem the Hair Tools lost and charge the full replacement value in accordance with Section 2.1.

(d) This rental is non-cancelable once the Hair Tools have shipped. Early returns do not result in partial refunds.

(e) The rental period does not automatically renew. Any extension must be approved by Lessor in writing and paid in advance.

4.No Warranties; Consequential Damages Excluded.

(a)Disclaimer of Warranties. Lessee acknowledges that: Lessor is not the manufacturer of the Hair Tools nor the manufacturer's agent or representative nor a dealer therein; the Hair Tools are of a size, design, capacity, description and manufacture selected by the Lessee; Lessee is satisfied that the Hair Tools are suitable and fit for its purposes; and LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE HAIR TOOLS, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OR CAPACITY OF THE MATERIALS IN THE HAIR TOOLS OR WORKMANSHIP IN THE HAIR TOOLS, LESSOR'S TITLE TO THE HAIR TOOLS, NOR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER; Lessor shall not be liable to Lessee for any loss, damage, or expense of any kind or nature caused, directly or indirectly, by the Hair Tools or the use or maintenance thereof or the failure or operation thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repairs, service or adjustment, or by any interruption of service or loss of use thereof or for any loss of business howsoever caused. Lessor shall not be liable for any consequential damages as that term is used in U.C.C. Article 2A. No defect or unfitness of the Hair Tools shall relieve Lessee of the obligation to pay the rental amount or any other obligation under this Rental. Lessor agrees, so long as there shall not have occurred or be any Event of Default as defined in Paragraph 10. or event which with lapse of time or notice, or both, might become an Event of Default hereunder, that Lessor will permit Lessee, as Lessee's sole and exclusive remedy hereunder, to enforce in Lessee's own name and at Lessee's sole expense any Supplier's or manufacturer's warranty or agreement in respect of the Hair Tools to the extent that such warranty or agreement is assignable.

(b)Exclusion of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS RENTAL, LESSOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LESSEE OR ANY THIRD PARTY, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, OR BENEFITS OF USE OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH LOSSES ARE CONSTRUED TO BE CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, AND EVEN IF LESSOR IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER PROVISION AND IS A SEPARABLE AND INDEPENDENT ELEMENT OF RISK ALLOCATION AND IS INTENDED TO BE ENFORCED AS SUCH. THE PARTIES ALSO AGREE THAT, REGARDLESS OF THE FAILURE OF ANY SOLE OR EXCLUSIVE REMEDY APPLICABLE TO THE HAIR TOOLS, LESSEE WILL NOT BE ENTITLED TO ANY CONSEQUENTIAL DAMAGES OF WHATSOEVER KIND OR NATURE. THE PARTIES INTEND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM ANY SOLE AND EXCLUSIVE REMEDY APPLICABLE TO THE HAIR TOOLS.

No Agency. Lessee acknowledges and agrees that neither the manufacturer, the Supplier, nor any salesperson, representative or other agent of the manufacturer or Supplier, is an agent of Lessor. No salesperson, representative or agent of the manufacturer or Supplier is authorized to waive or alter any term or condition of this Rental and no representation as to the Hair Tools or any other matter by the manufacturer or Supplier shall in any way affect Lessee's duty to pay rent and perform its other obligations as set forth in this Rental.

6.Lessee Representations. Lessee represents and warrants that:

(a) Accurate Information. All information provided at checkout, including name, contact information and payment details, is true accurate and complete.

(b) Legal Capacity. Lessee is at least 18 years old and has the legal capacity to enter into this Agreement.

( c) Compliance with Law. Lessor’s use, possession, and transportation of the Hair Tools will comply with applicable laws and regulations.

(d) No Additional Approvals Required. No additional permissions, consents, or governmental approvals are required for Lessee to enter into this Agreement or use the Hair Tools.

Affirmative Covenants of Lessee.

(a) Proper Use and Care. Lessee agrees to use the Hair Tools only for their intended purpose and in accordance with all instructions provided by Lessor. Lessee shall keep the Hair Tools clean, dry and free from product buildup, residue or debris.

(b) Safe Environment. Lessee shall ensure the Hair Tools are used in a safe environment, away from water, moisture, extreme heat or any conditions that could cause damage or create a hazard.

( c) Notification of Issues. Lessee shall promptly notify Lessor of any malfunction, damage, or safety concern regarding the Hair Tools.

(d) Laws, Regulations and Rules. Lessee shall comply with all governmental laws, regulations, requirements and rules, all manufacturer's instructions and warranty requirements, and with the conditions and requirements of all policies of insurance with respect to the Hair Tools and this Rental.

Negative Covenants of Lessee.

(a) No Alterations or Repairs. Lessee shall not alter, modify, open, tamper with, or attempt to repair the Hair Tools.

(b) No Transfer or Sharing. Lessee shall not loan, transfer assign, or allow any other person to use the Hair Tools unless the Lessee is present and supervising such use at all times. Lessee remains fully responsible for the Hair Tools and for any damages, loss, misuse or improper handling, regardless of who was using it.

( c) Location of Hair Tools. Lessee may take the Hair Tools outside the United States for personal travel. However, the Hair Tools must be transported in carry-on luggage at all times and may not be placed in checked baggage. Lessee shall keep the Hair Tools in their possession or control throughout the rental period and is fully responsible for any loss, theft, or damage that occurs during travel, including while passing through airport security or customs.

(d) No Assignment or Subrental by Lessee. LESSEE SHALL NOT SUB-RENT, LEASE OR OTHERWISE PERMIT ANY THIRD PARTY TO USE THE HAIR TOOLS, EXCEPT AS PROVIDED IN THIS RENTAL AGREEMENT. ANY ATTEMPT TO DO SO IS VOID AND CONSTITUES AND IMMEDIATE DEFAULT.

(e) No Misuse. Lessee shall not use the Hair Tools in any manner consistent with manufacturer instructions, including but not limited to:

use near water or moisture;
use with incompatible voltage or converters;
use with excessive product buildup or residue.

(f) No Removal of Labels or Accessories. Lessee shall not remove, detach or discard of any labels, serial numbers, attachments or accessories provided with the Hair Tools.

9.Use of Hair Tools. So long as no Event of Default (as defined in 10., below) shall have occurred, Lessee is entitled to use the Hair Tools for the duration of the rental terms, subject to the following conditions:

(a) Intended Purpose Only. The Hair Tools shall be used solely for personal hairstyling purposes and only in accordance with all instruction provided by Lessor and the manufacturer.

(b) Proper Voltage and Safe Operation. Lessee shall use the Hair Tools only with the appropriate voltage outlets for the destination country and shall not use adapters, converters or extension cords that are incompatible or unsafe. Lessee shall keep the Hair Tools away from water, moisture, extreme heat, or hazardous conditions.

( c) Carry-On Travel Requirement. When traveling, Lessee must transport the Hair Tools exclusively in carry-on luggage and may not place it in checked baggage. Lessee is responsible for ensuring the Hair Tools remain in their possession and control throughout travel, including during airport security and customs screening.

(d) Supervised Use Only. Lessee may allow another person to use the Hair Tools only while Lessee is physically present and supervising such use at all times. Lessee remains fully responsible for all use, damage, or loss, regardless of who was operating the Hair Tools.

(e) No Tampering. Lessee shall not open, modify, repair or attempt to repair the Hair Tools. Any tampering voids the rental and may result in full replacement charges.

10.Events of Default. An Event of Default shall occur hereunder if Lessee:

(a) Failure to Return Hair Tools. Lessee does not return the Hair Tools by the scheduled return date and fails to respond to Lessor’s attempt to contact them.

(b) Damage or Misuse. Lessee uses the Hair Tools in a manner inconsistent with this Agreement, including but not limited to:

voltage misuse;
water or moisture exposure;
tampering, opening or attempting repairs;
packing the Hair Tools in checked baggage;
allowing unsupervised use by another person.

( c) Loss or Theft. The Hair Tools are lost, stolen or otherwise not returned to the Lessor.

(d) Non-Payment. Lessee fails to pay rental fees, late fees, cleaning fees, damage fees, or replacement charges when due.

(e) False Information. Lessee provides false, misleading or incomplete information at the time of booking or during the rental period.

(f) Violation of Covenants. Lessee violates any affirmative or negative covenant set forth in this Agreement.

11.Remedies.Upon the occurrence of any Event of Default and at any time thereafter, Lessor may, with or without cancelling this Rental, in its sole discretion, do any one or more of the following:

(a) Charge Replacement Value. Charge Lessee the full retail replacement cost of the Hair Tools including any missing attachments or accessories.

(b) Charge Applicable Fees. Charge any outstanding rental fees, late fees, cleaning fees or damage fees.

( c) Terminate Rental. Immediately terminate the rental and demand return of the Hair Tools.

(d) Pursue Collection. Take reasonable steps to collect unpaid amounts, including use of a third-party collection service.

(e) Report of Fraudulent Activity. Report suspected theft or fraudulent activity to law enforcement if applicable.

(f) Exercise any other right or remedy which may be available to it under the Uniform Commercial Code or any other applicable law.

(g) A cancellation hereunder shall occur only upon notice by Lessor and only as to such Hair Tools as Lessor specifically elects to cancel and this Rental shall continue in full force and effect as to the remaining items, if any.

12.Indemnity. To the fullest extent permitted by law, Lessee agrees to indemnify and hold Lessor harmless from any claim, losses damages, liabilities, or expenses (including reasonable attorneys’ fees) arising out of:

Lessee’s use, misuse, or handling of the Hair Tools;
Damages to the Hair Tools during the rental period;
Loss or theft of the Hair Tools;
Injury or property damages cause by improper use of the Hair Tools;
Any violation of this Agreement.

13.Lessee's Waivers. To the extent permitted by law, Lessee waives any rights to:

Cancel the rental after the Hair Tools have shipped or been picked up;
Refuse or revoke acceptance of the Hair Tools after delivery;
Claim damages for minor cosmetic imperfections that do not affect functionality;
Recover consequential, incidental or special damages of any kind;
Demand replacement Hair Tools during the rental period;
Assert any lien or security interest in the Hair Tools.

Lessee acknowledges that the Hair Tools are rented “as-is”, subject to normal wear and tear, and that Lessor’s liability is limited to the maximum extent permitted by law.

14.Lessor's Right to Act if Lessee Fails to Comply. If Lessee fails to comply with any obligation under this Agreement, Lessor may take reasonable steps to protect the Hair Tools or enforce this Agreement. Any costs incurred by Lessor as a result of Lessee’s failure to comply-including reasonable attorneys’ fees, collection costs, or recovery expenses- may be charged to Lessee and are payable upon demand.

15.Cooperation and Verification. Lessee agrees to cooperate with Lessor as reasonably necessary to protect Lessor’s interest in the Hair Tools, including confirming contact information, providing documentation related to loss or theft, or assisting with insurance claims if applicable. Lessee shall not take any action that interferes with Lessor’s ownership of the Hair Tools. Lessee agrees to provide truthful and accurate information at the time of booing and throughout the rental period.

16.Notice. Any notices required under this Agreement may be sent by email or regular mail to the contact information provided by each party. Lessee is responsible for ensuring their email and mailing address are accurate at the time of booking. Notices sent by email shall be deemed delivered on the date sent. Notices sent by mail shall be deemed delivered within three (3) business days of mailing.

18.Non-Cancelable Rental. Once the Hair Tools have shipped or been picked up, the rental is non-cancelable and all rental fees are non-refundable. Lessee’s obligation to pay all rental fees, late fees, cleaning fees, damage fees, and replacement charges is absolute and unconditional.

19.Miscellaneous.

(a) Governing Law; Venue. ANY AND ALL MATTERS OF DISPUTE BETWEEN THE PARTIES TO THIS RENTAL, WHETHER ARISING FROM THE RENTAL ITSELF OR ARISING FROM ALLEGED EXTRA CONTRACTUAL FACTS PRIOR TO, DURING OR SUBSEQUENT TO THE FORMATION OF THE RENTAL, INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, NEGLIGENCE OR ANY OTHER ALLEGED TORT OR VIOLATION OF THE RENTAL, SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN. LESSEE AGREES TO SUBMIT TO THE JURISDICTION OF THE STATE AND/OR FEDERAL COURTS IN THE STATE OF MICHIGAN, THE COUNTY OF MACOMB. THIS RENTAL WAS EXECUTED IN THE STATE OF MICHIGAN (BY THE LESSOR HAVING COUNTERSIGNED IT IN). AND IS TO BE PREFORMED IN THE STATE OF MICHIGAN (BY REASON OF PAYMENTS REQUIRED TO BE MADE TO LESSOR IN MICHIGAN). LESSOR AND LESSEE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS ARISING OUT OF THIS RENTAL OR THE CONDUCT OF THE RELATIONSHIP BETWEEN LESSOR AND LESSEE.

(b)Attorney's Fees. Lessee shall reimburse Lessor for all charges, costs, expenses and attorneys' fees incurred by Lessor: (a) in defending or protecting its interests in the Hair Tools; (b) in the execution, delivery, administration, amendment and enforcement of this Rental; and ( c) in any lawsuit or other legal proceeding to which this Rental gives rise, including, but not limited to, actions in tort.

( c)Assignment by Lessor. Lessor may assign or transfer this Agreement at any time. Any assignee shall have all rights of Lessor under this Agreement. Lessee may not assign this Agreement or transfer any rights or obligations without Lessor’s prior written consent.

(d)Waiver. Lessor's failure at any time to require strict performance by Lessee of any of the provisions hereof shall not waive or diminish Lessor's right thereafter to demand strict compliance therewith or with any other provision. Waiver of any default shall not waive any other default.

(e)Provisions Severable. Any provision of this Rental which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The captions in this Rental are for convenience only and shall not define or limit any of the terms hereof.

20.Survival of Lessee's Covenants, Indemnities, Representations and Warranties. All representations, warranties, covenants and indemnities of Lessee made or agreed to in this Rental and any certificates delivered in connection herewith shall survive the expiration, termination or cancellation of this Rental for any reason for a period of two (2) years.

21.Entire Agreement; No Oral Modification; Negation of Trade Usage and Course of Dealing. This Rental constitutes the entire, final, complete, and fully integrated understanding or agreement between Lessor and Lessee and there is no understanding or agreement, oral or written, which is not set forth herein. Lessor may update or modify this Agreement from time to time, and the version in effect at the time of booking shall apply to that rental.