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2. Fence Staining Program Terms of Responsibility & Waiver

   Use this form to rent the following equipment from the City of San Marcos Neighborhood Enhancement Department: a Ryobi Portable Electric Pressure Washer, Magnum X7 TrueAirless Sprayer, Spray Tip Extension and Spray Tip, Extension Cord on Roller, and Bucket. Equipment must be picked up on the day requested prior to 5 p.m., and returned no later than noon on the due date agreed upon. Pickup/Drop Off Location: 630 E. Hopkins, Building 5 (Neighborhood Enhancement), San Marcos, Texas, 78666. Contact Tiffany Harris, Community Vitality Coordinator, at (830) 832-8652 or tharris@sanmarcostx.gov for more information.

4. Participant First Name:*
5. Participant Last Name:*
7. Home Address:*
8. City, State, Zip:*
   Equipment rental is intended for homeowners within San Marcos city limits only.
10. Participant Phone (Cell Preferred):*
12. In consideration of the loan of the tools and equipment making up the tree trimming kit (“Equipment”) by the City of San Marcos (“City”) to the resident (“Renter”), for use in this program, Renter shall be responsible for the equipment from the time he/she takes possession of the Equipment until it is returned as required by this Agreement. Release and Waiver of Claims: Renter acknowledges and agrees that the City of San Marcos maintains no control over the use of the Rental Equipment by the RENTER. RENTER does hereby release, waive, and discharge the City of San Marcos, together with its employees, elected officials, legal representatives, volunteers, agents, representatives, successors, assigns, and all affiliated persons and entities of, from and against any and all, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims and demands whatsoever in law or equity, arising out this Agreement or the rental or use of the Equipment, including injury, death, and damages to real person or personal property. RENTER understands this includes, but is not limited to, any claim or claims arising in whole or in part from the negligence of the City. RENTER further agrees to defend, indemnify, and hold harmless the City of San Marcos, together with its employees, elected and appointed officials, legal representatives, volunteers, agents, representatives, successors, assigns, and all affiliated persons or entities, from and against any and all causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity arising out of this Agreement or the rental or use of the Equipment, including injury, death, and damages to real or personal property. RENTER agrees to be responsible for his/her own welfare and accept any and all risk associated with the activities they undertake while in possession of the Equipment. RENTER agree that the terms herein are binding on him/her, their family members, heirs, successors, assigns, dependents and/or minors accompanying them, and their legal representatives. RENTER acknowledges and agrees that the City of San Marcos and its agents have the right to refuse participation by any person to the fullest extent permitted by the law. Any dispute arising out of these matters shall be resolved in a court of law. Any part of this document found to be void or unenforceable shall not negate the enforcement of the remainder. Limited Liability. The City of San Marcos PROVIDES NO WARRANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. By checking each of the boxes below, you are certifying that you have read and understood these statements, and agree to abide by the rules stated therein.*

    Please check each box below only after reading and understanding the item.

    1. I am over the age of 18 and will use the equipment from the Fence Staining Program within the City of San Marcos.
    2. I understand this power equipment may be dangerous if used by individuals under 18, and will restrict use of the power equipment only to those aged 18 and older.
    3. I understand that the written instructions on the proper operation and maintenance of the power-operated items are available upon request.
    4. I will operate all items as instructed by the manufacturer's safety guidelines and in conformance with all instructions received.
    5. I understand that I will be responsible for pay for the replacement of any items not returned in the condition in which they were received (normal wear and tear excluded).
    6. I will return any rented items clean and in working order.
    7. I will not use the items from fence staining program for commercial purposes.
    8. I will only use a Water Based Stain in sprayer. Use of an Oil Based Stain will result in a cleaning fee charge of $150.
    9. I understand that the City is not liable for any damage done to any property of renter resulting from the use of the equipment.
    10. I understand that failing to return equipment on the due date, or upon receiving demand for return of items, that I may be charged under Texas Penal Code - PENAL § 31.04 (Theft of Service).
16. Electronic Signature Agreement: By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Please note that we will require that you bring a driver's license when picking up the equipment.
18. Electronic consent:*

    1. I agree.
19. Electronic Signature*
    First M. Last
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