Terms & Conditions
Terms & Conditions
1. PARTIES TO THIS EQUIPMENT RENTAL AGREEMENT & LIABILITY RELEASE.
Hereinafter, “OWNER” refers to Doda Inc dba NASHA SAUNA and/or, where applicable,
to its agents, delegates, and representatives. Nasha Sauna (“Nasha Sauna”) and its
online platform at www.nashasauna.com is a division of Doda Inc dba NASHA SAUNA.
Hereinafter, “RENTER” refers to the individual or organization executing the booking
order and making payment for rental fees. However, as use of the equipment is open to
the RENTER and other individuals in the RENTER’s presence, all users shall be bound by
the rules and regulations defined in this Equipment Rental Agreement (hereinafter
“Agreement”) and by Nasha Sauna’s Waiver and Release of Liability (hereinafter
“Release”). It is the RENTER’s responsibility to inform all users of and enforce all users’
compliance with all the terms set forth in this Agreement and OWNER’s Release.
RENTER and all users in RENTER’s party MUST sign OWNER’S Release before using the
mobile sauna unit. Digital copies of the Release are included in the booking confirmation
email, also available in hard copies format provided by OWNER to RENTER at time of
delivery of sauna unit.
2. SITE PREPARATION.
RENTER agrees to provide uninhibited access and a clean and level installation site as
outlined under the site preparation definitions below, for the delivery and installation of
the equipment, as well as, for its retrieval. If the access passageway from the nearest
public road to the installation site and/or the site are not prepared by RENTER in such
manner then OWNER will, at his sole discretion, pursue one of two courses of action:
A) OWNER cancels delivery while retaining all rental and delivery fees due to
RENTER’s non- compliance with the Agreement, or
B) OWNER offers to perform site work necessary for delivery, installation, retrieval
of the equipment (such as cropping of vegetation and minor leveling of ground) and
RENTER agrees to pay an additional fee to OWNER for any such work performed in the
amount of US$50 per every thirty (30) minutes or fraction thereof of work time.
SITE PREPARATION EXPLAINED: The passageway and site need to be spacious enough
for OWNER to navigate the tow vehicle and equipment trailer to the installation site and
to exit with the tow vehicle from the site after installation is complete. The passageway
at all points must measure, at minimum, ten (10) feet by twenty (20) feet and twelve
(12) feet in height. Adequate parking space for the trailer must be provided by RENTER.
The installation site and any passageway must be level solid ground in all weather
conditions, and free of snow and ice during delivery and retrieval. If RENTER fails to
provide such conditions during equipment retrieval, OWNER retains the right to retain
part or all of RENTER’s security deposit for any delays incurred in the retrieval process.
Delivery must be to private, secure property only. Delivery to publicly accessible
grounds may be possible if certain conditions are met – RENTER must contact OWNER
before booking to explore this option.
3. INSPECTION. USE. REPAIR ACCESS.
The RENTER shall keep and maintain the rented equipment during the term of the rental
period at his own cost and expense. RENTER shall keep the equipment in a good state of
repair, normal wear and tear excepted. RENTER acknowledges that RENTER has an
opportunity, at the time of equipment delivery, to personally inspect the equipment and
find it suitable for RENTER’s needs and in good condition. Any defects and damages at
the beginning of the rental period shall be noted and recorded by RENTER and RENTER
shall inform OWNER of any such defects and damages. If the equipment becomes unsafe
or in disrepair because of normal use, RENTER agrees to discontinue use and notify
OWNER, immediately. In case of equipment malfunction, the RENTER shall allow the
OWNER to enter the premises where the rented equipment is stored or used at all
reasonable times to locate and to inspect the state and condition of the rented equipment,
and to make repairs. RENTER agrees that RENTER will not repair or have anyone else
repair any equipment without prior consent and written permission from OWNER. Failure
to timely notify OWNER will result in RENTER being charged for all time that the
equipment is not in a usable state.
4. STATIONARY USE OF EQUIPMENT.
Once delivery and setup are completed by the OWNER, the RENTER shall not remove
the equipment from this location without prior written approval of the OWNER. The
RENTER shall not attempt to move the equipment or tamper with the installed
stabilization and/or immobilization measures by any means for any purpose. The
equipment is intended to be used in a stationary mode only by the RENTER.
5. DELIVERY & RETRIEVAL TIMES.
OWNER will always strive to reach mutually agreeable delivery and retrieval times with
RENTER; however, for overnight rentals, OWNER reserves the right to deliver and retrieve
rental units any time between 8 am and 3 pm prior to and after rental period.
OWNER and RENTER will try to determine a mutually agreed upon location for the setup
of the equipment on the rented premises; however, OWNER retains the absolute
discretion and decision on the exact and ultimate location for safe setup.
6. WARRANTIES.
There are no warranties of merchantability or fitness, either expressed or implied. There
is no warranty that the equipment is suited for RENTER’s intended use, or that it is free
from defects.
7. HOLD HARMLESS/INDEMNITY.
RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind,
whether known or unknown, for repossession and for all consequential and special
damages for any claimed breach of warranty. RENTER assumes all risks associated with
the possession, use, transportation, and storage of the equipment. Accordingly, RENTER
hereby waives any and all liens and claims arising from or associated with, and agrees to
indemnify, defend and hold harmless the OWNER from and against, any and all liabilities,
claims, damages, losses, costs and expenses (including without limitation, attorney’s fees,
claims for bodily injury/injuries (including death), property damage, loss of time and/or
inconvenience) resulting from or arising in connection with such possession, use,
transportation and/or storage, regardless of the cause and including any injuries and/or
damages suffered by RENTER, RENTER’s employees and/or any third party/parties
including such injuries and/or damages caused by OWNER’s negligent inspection,
maintenance and/or transport of the equipment, except to the extent directly resulting
from OWNER’s intentional misconduct.
Further, RENTER acknowledges and agrees to sign and be bound by the Terms and
Conditions of OWNER’S Release form; RENTER also agrees to have any third party that
will be using the rented equipment sign and acknowledge OWNER’S Release form.
OWNER’S Release form is available on OWNER’S website and a physical copy has been
provided to RENTER; by clicking checkbox to Terms & Conditions, RENTER agrees he/she has read and understands
this Release.
8. ASSUMPTION OF RISK; THIRD PARTY RISK; MINORS
RENTER acknowledges that the possession, use, transportation and/or storage of the
equipment may give rise to the risk of personal injury and/or property damage. RENTER
voluntarily assumes all such risks and releases and discharges OWNER and the equipment
from all liens, liabilities and claims arising in connection with the same, including, without
limitation, all claims arising from or in connection with OWNER’s negligence (other than
OWNER’s intentional misconduct.)
RENTER understands and agrees that sauna use in inherently risky and potentially
dangerous. RENTER is aware of these risks and agrees to be bound by the terms and
conditions of OWNER’S Release. RENTER agrees that sauna use, heat tolerances, and
human physiologies vary for every individual and that RENTER has no underlying medical
conditions that may disqualify him/her from sauna use. RENTER agrees that if he/she is
uncertain of this he/she will conduct their own research and/or consult a physician prior
to use.
RENTER understands that he/she is responsible for additional guests, or third parties
not accounted for by OWNER at the time of booking, and that RENTER assumes all risks
associated with additional guests or third parties using the sauna. RENTER agrees he/she
has received copies of OWNER’S Release for additional unaccounted guests or third
parties to read, understand, and sign should they choose to participate.
OWNER understands and agrees that he/she will ensure that any minor (an individual
under age 18) will be accompanied by a parent, legal guardian or responsible adult, and
that both of the aforementioned have read, understood and signed “CONSENT OF
PARENT, GUARDIAN OR RESPONSIBLE ADULT AND ACKNOWLEDGEMENT OF RISK AND
RESPONSIBILITY FORM FOR CHILDREN UNDER THE AGE OF 18” and that copies of this
document have also been left in RENTER’S care should any unaccounted minors wish to
participate.
9. USES.
For the purposes of safety and hygiene of the equipment, of the RENTER and of other
future renters, RENTER agrees to use the equipment exclusively in accordance with the
rules and regulations set forth in the User Manual. The User Manual is included as a hard
copy with the equipment. RENTER is held responsible that all others using the
equipment during the rental term adhere to the rules and restrictions set forth in the
User Manual.
Additionally, RENTER acknowledges that OWNER will provide a proper use tutorial prior
to departing the location of the equipment rental. If RENTER is not sure of proper use,
or is uncomfortable with any operations of the equipment, RENTER agrees to bring this
to the attention of OWNER prior to OWNER’S departure after the setup and tutorial of
the equipment.
10. PROHIBITED USES/SUBSTANCES/ACTIVITIES.
Use of the equipment in the following circumstances is prohibited and constitutes a
breach of this Agreement. (a) Use for illegal purposes or in illegal manner. (b) Use
when the equipment is in bad repair or is unsafe. (c) Improper, unintended use or
misuse. (d) Use by anyone other than the RENTER without RENTER’s supervision. (e)
Use at any location other than at the exact site of delivery. (f) Introduction of any food
items or liquids into the sauna structure, except for personal use amounts of drinking
water. (g) Use of equipment by any person or persons who have not prior to use read, filled out
completely and signed OWNER’S Release form.
RENTER agrees not to: (a) Wear jewelry (risk of skin burn). (b) permit smoking while in
sauna. (c) permit any breakables (glass or glass equivalents, ceramics) inside sauna (d)
use any fire accelerants of any kind. (e) spray cold water on front or sides of stove or
stove-top rocks, as this will cause rapid internal temperature increase and potential steam
burns. (f) touch stove shields, as metal surfaces are hot and may cause burns. (g) use
an non-diluted essential oil applications.
11. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT.
The RENTER shall not pledge or encumber the rented equipment in any way. RENTER
may not sublease or loan the equipment without OWNER’s written permission. Any
purported assignment by RENTER is void.
12. TIME OF PAYMENT. DEPOSIT. CANCELATION POLICY
A. DEPSOIT DUE: To make a reservation, RENTER must call OWNER with a valid
credit card to hold the reservation; 100$ deposit is due at this
time, with said deposit not refundable being included in total reservation amount.
B. FULL RENTAL PRICE: The full rental price of the booking shall be due upon
delivery on the first date of the rental period. If electing to pay cash or check for the full
rental price, please note this to OWNER at time of booking.
C. CANCELLATION POLICY: For a full refund of rental fees, cancellation must be
made at least seven (7) days prior to start of standard delivery time (10 am) on the day
the rental term begins. If the cancellation is made within seven (7) days prior to start of
standard delivery time (10 am) on the day the rental term begins, RENTER shall forfeit
the full deposit, unless OWNER is able to fully rebook the rental period. If the
cancellation is made forty-eight (48) hours prior to start of standard delivery time (10
am) on the day the rental term begins, RENTER shall be responsible for the full rental
fee, unless OWNER is able to fully rebook the rental period. All cancellations must be
sent by email to nashasaunarentals@gmail.com or via text message to 312-805-2240.
D. OWNER’S RIGHT TO CANCEL: OWNER reserves the right to cancel any rental
contract at short notice if inclement weather or other dangers threaten the safe and
timely delivery of the equipment to the RENTER. In such case, RENTER may reschedule
for a later rental period or shall not be held responsible for any fees and will be reimbursed
for rental and delivery charges in full within two business days of OWNER’S notice to the
RENTER of the cancellation.
13. REPAIR. DAMAGES. CLEANING. OVERDUE POLICY.
By clicking checkbox to Terms & Conditions, RENTER agrees to pay, as an insurer, full compensation for
replacement, cleaning and/or repair of any equipment, which is not returned because it
is lost or stolen, or any equipment which is damaged and/or in need of cleaning and/or
repair to put it into the same condition it was in at the time of rental term commencement,
normal wear and tear excepted. Both the RENTER and OWNER have inspected the
equipment to make sure it is in good condition upon delivery, and any damages present
at the time of delivery have been documented by RENTER and OWNER alike. The cost
of repairs of equipment will be borne by the RENTER, whether performed by the
OWNER, or, at OWNER’s option, by others. The OWNER’s invoice for replacement
and/or repair is conclusive as to the amount RENTER shall pay under this paragraph for
repair or replacement.
The RENTER understands and authorizes OWNER to charge a one-hundred dollar
($100.00) cleaning fee if the equipment is left in an excessive state of uncleanliness, as
defined by OWNER.
In the case of mobile sauna rentals, The RENTER agrees to pay an additional rental fee
of one-night, plus any lost income, if the sauna cannot be retrieved by 3 pm on the final
day of the rental term.
14. REPOSSESSION.
RENTER agrees that if the RENTER is in default of payments owed to the OWNER or of
any of the terms and conditions of this agreement, the OWNER, and his agents, at the
RENTER’s risk, cost and expense may at any time enter the premises where the rented
equipment is stored or used and recover the rented equipment. OWNER and OWNER’s
agents shall not be liable for any claims for damage or trespass arising out of the removal
of the equipment.
15. SAFETY MEASURES:
A. SAFETY POSTINGS: By clicking checkbox to Terms & Conditions, RENTER agrees to abide by and
ensure that any of RENTER’S guests will abide by all sauna safety postings or warnings.
B. FIRE EXTINGUISHER USE: By clicking checkbox to Terms & Conditions, RENTER agrees that they
have been briefed on the fire extinguisher operation using the mnemonic “PASS” (pull
pin, aim nozzle, squeeze trigger, and sweep over seat of fire).
16. COLLECTION COSTS TO ENFORCE THIS AGREEMENT.
If OWNER must initiate any suit or action to enforce any provision in this Agreement
against RENTER, OWNER shall be entitled to recover from OWNER all actual fees, costs,
and expenses of enforcing any right of the OWNER under, or with respect to this Agreement,
including without limitation, such reasonable fees and expenses of attorneys
and accountants, which shall include, without limitation, all fees, costs and expenses of
appeals.
17. SEVERABILITY.
The provisions of this Agreement and the combined separate Release shall be deemed
severable so that if the invalidity, unenforceability, or waiver of any of the provisions in
this Agreement or Release shall not affect the remaining provisions herein.
18. SUCCESSORS AND ASSIGNEES.
This Agreement binds and benefits the heirs, successors, and assignees of both OWNER
and RENTER.
19. GOVERNING LAW.
This Agreement will be governed by and construed in accordance with the laws of the
state of Illinois, with OWNER and RENTER agreeing to be bound by subject and
personal matter jurisdiction within the courts of the State of Illinois.