Après All Day Experience - Samsung Rental Program Agreement
RENTAL AGREEMENT
This Rental Agreement (the "Agreement") is entered into between the undersigned participant ("Participant") and UTours o/a Diamond Integrated Marketing ("Company") for the temporary use of a Samsung S25 Ultra and/or Galaxy Watch Ultra (the "Device") as part of the Après All Day Experience (the "Event")
1. Rental Terms.
The device is provided on loan for a maximum period of four (4) hours during the event. As part of the loan agreement, the following is expected of the participant (a) complete a form providing key information (b) Return the device at the end of the event in the same condition in which it was received, at which time my personal identification will be returned (c) Responsible for any damage, loss, or malfunction of the device during my rental period (d) In the event of damage, agree to be held liable for any necessary repair or replacement costs.
2. Indemnity. In consideration of participating in the Event, participant agrees to indemnify, defend, and hold harmless Company , Samsung Electronics Canada Inc., and each of their affiliates, officers, employees, agents, and representatives (collectively, the "Releasees") from and against any and all claims, damages, losses, liabilities, costs, or expenses ("Losses") arising from or related to my use of the Device or participation in the Event
3. Release. Participant fully waives, discharge, and release each of the Releasees from any and all Losses whatsoever, which participant, my heirs, or personal representatives may now or hereafter have against them or any of them, directly or indirectly, in whole or in part, in respect of, in connection with, arising out of, or relating to the Event, my participation in the Event, my use or misuse of the Device, any Event-related activity, and any use, collection, storage or disclosure by any Releasee of my personal information, including, without limitation, any personal/bodily injury or death, or damage to or loss of property, whether as a result of the negligence of the Releasees or otherwise, and any claims participant may have under the Family Law Act (Ontario), as amended from time to time, or similar legislation.
4. Device Return and Agreement Cancellation. If the device is returned in the condition in which it was originally provided, this Agreement shall be deemed fully performed and hereby terminated, releasing both parties from any further liability.
5. General Terms. (a) Participant acknowledges that participant is responsible for the safekeeping of the Device and agree to use it only for its intended purpose. (b) Participant understands that failure to return the Device within the allotted time may result in additional penalties or fees at the discretion of Company. (c) If participant does not return the Device or if it is damaged, participant may be charged up to $3,000 to cover the cost of repair or replacement. (d) This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements, whether written or oral, and may only be amended by a written instrument signed by both parties. (e) Participant may not assign any of the rights or obligations participant has under this Agreement to a third party without the prior written consent of Company in its sole and absolute discretion (f) This Agreement shall be interpreted in accordance with the laws of the Province of Ontario, unless otherwise required by law. (g) By signing below, the Participant acknowledges they have read and understand this Agreement.
Participant signs this Agreement voluntarily as their own free act and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. No representations, statements, guarantees or inducements have been made by the Releasees.
The participant executes this Agreement intending to be bound by it. Participant hereby signs
this Agreement on behalf of myself, my personal representatives, heirs, and assigns
Participant Information