Simply Sauna Long-Term Equipment Rental Agreement

Lessor is Simply Sauna LLC, Bedminster, New Jersey. Lessee is the individual named on the commercial summary for personal / household use, or the business legal entity named there for business / commercial use. A person signing for a business represents that they are authorized to bind it.

Equipment means the sauna, heater, and listed package components on the commercial summary, including replacements we later provide. The Equipment is and remains our personal property. It is not a fixture and does not become part of the real estate. You will not bolt, bury, enclose, or otherwise affix it in a way that prevents ready removal.

The initial term is the number of months on the commercial summary. The term starts on the date we complete delivery at the Address (the "Start Date").

Monthly rent is due on the same calendar day each month as the Start Date, as shown on the frozen payment schedule.

You will pay the scheduled rent by the payment method on file. There is no down payment and no security deposit. The first month is charged when the subscription activates. The last initial-term payment is the frozen final payment. Failed or reversed payments are unpaid rent.

We own the Equipment throughout the rental. Title transfers only if you later pay the frozen purchase-option price in full and that payment clears. Paying all rent, by itself, never transfers ownership.

You will use the Equipment only at the delivery address on this Agreement. You will not move, sublease, sell, pledge, or hide it. You will not take it out of the contiguous United States. Written consent is required before any relocation; we may charge actual moving cost.

Use is classified at signing as Personal / household or Business / commercial solely to determine applicable disclosures and insurance requirements. Commercial rentals are available for any lawful business use, including hospitality, lodging, wellness, fitness, workplace, club, and similar uses. You are responsible for all HOA, landlord, zoning, permit, licensing, employment, accessibility, and guest-use requirements that apply to the site and your use.

For electrically heated Equipment, you will provide before delivery a safe, accessible, code-compliant 240V electrical connection or outlet at the placement location that meets the heater manufacturer's specifications. New electrical work is excluded from this rental and from our delivery or installation scope, including circuits, panels, wiring, trenching, disconnects, receptacles, permits, inspections, and electrician services. You are responsible for arranging and paying a qualified licensed electrician. We may delay or reschedule delivery and charge reasonable documented repeat-trip costs if the required connection is not ready or accessible.

You will keep the Equipment clean, reasonably sheltered, and used only as we instruct. Routine care (cleaning, water, stones, snow and ice, ash, and ordinary supplies) is yours. You will not modify, paint, or repair it except as we approve. You will allow us reasonable access, with notice, to inspect. You will report damage, theft, or unsafe conditions within 48 hours.

At delivery we will complete a condition report with photos and a checklist. If you do not note damage on that report within 24 hours, you accept the Equipment in the delivered condition, ordinary transit marks excepted.

You bear risk of loss from delivery until we recover the Equipment or title transfers. Ordinary wear means minor cosmetic marks that do not affect structure, heater, or safety. You will pay our actual, documented cost to repair or replace damage beyond ordinary wear, including guest or tenant damage.

If the Equipment is stolen or a total loss, you will cooperate with the police and insurer; insurance proceeds are payable to us as owner; you will pay any deductible and any shortfall versus our documented replacement cost; and this Agreement then ends. Remaining rent is not also due if we have been made whole.

By the Start Date you will maintain, and keep in force, insurance as follows. Personal / household use requires homeowners or renters insurance covering the Equipment for at least replacement cost, and personal liability of at least $300,000. Business / commercial use requires commercial property coverage for replacement cost plus commercial general liability of at least $1,000,000 per occurrence.

You will name Simply Sauna LLC as loss payee (property) and additional insured (liability) and give us a certificate within 14 days of delivery. If you do not, we may place coverage at your expense or declare a default. Our insurance, if any, does not reduce your obligations.

If a scheduled payment fails, we will notify you. You have 7 days from that notice to cure. If the payment is still unpaid after those 7 days, a late charge of $25, or 5% of that installment, whichever is less, becomes due (one late charge per missed installment); the account is delinquent; and we may retry the card or ACH on file.

No interest stacks on the late charge. Updating the payment method does not waive a default that has already occurred.

You are in default if any of the following occurs and, where a cure period is stated, is not cured in time:

• any rent remains unpaid after the 7-day cure in Section 10;
• you fail to maintain required insurance after 10 days' notice;
• you move, hide, abandon, or deny us access to the Equipment;
• you materially misuse the Equipment or create a safety hazard;
• you make a materially false statement on the application;
• you become insolvent, assign assets for creditors, or a bankruptcy or receivership is filed by or against you; or
• you refuse a scheduled end-of-term return.

After default we will send a written Default Notice. You then have 10 additional days to pay all past-due amounts and restore compliance, except that no extra cure is required for moving, hiding, abandoning, or denying access to the Equipment; material misuse or a safety hazard; insolvency; or if a prior default was cured within the last 12 months.

After an uncured default we may terminate this Agreement; require you to assemble the Equipment and make it available at the Address, or another reasonably convenient place, during 8:00 a.m. to 6:00 p.m. local time on a date we set with at least 48 hours' notice; take possession of the Equipment without a court order if we can do so without a breach of the peace; recover possession through replevin or similar court process; and recover the amounts in Section 14.

You authorize us and our contractors to enter the outdoor placement area at the Address at the scheduled time to recover the Equipment. We will not enter a dwelling. If you or anyone at the property objects, we will stop and proceed by court process. If you are a tenant, you will obtain the owner's cooperation; failure to do so is a default.

Breach of the peace includes force, threats, breaking locks, or continuing after a present objection. That limit cannot be waived. We will not disable a heater in a way that creates a fire or safety risk.

If we terminate for default, or if you request and we accept an early return, you will pay: (A) all unpaid rent and late charges through the recovery date; plus (B) our reasonable, documented costs to notice, recover, transport, store, and repair the Equipment, including court costs and reasonable attorney fees if we sue and prevail; plus (C) the remaining unpaid scheduled rent for the then-current term; minus (D) a residual credit equal to 20% of item C once we have recovered the Equipment. If we elect not to recover it, no credit applies.

We will not collect item C in full and also keep the Equipment without the credit in D. Renewal is optional; we will not accelerate a renewal that has not started. Amounts already paid as rent are not refunded.

When all initial-term rent has cleared, you may, while the Equipment remains in your possession: start the disclosed 12-month renewal at the frozen renewal rent; purchase the Equipment for the frozen purchase-option price, in which case title transfers only after that payment clears; or return the Equipment.

Return at scheduled end of term is at our retrieval cost; we will not charge a return penalty. If you do none of these within 30 days after we notify you that the initial term is complete, we may treat the rental as ended and recover the Equipment under Section 13. Rent does not accrue as a holdover unless we agree in writing to a month-to-month extension.

You may not walk away from the initial term. You may ask us to accept an early return. If we agree, Section 14 applies. We may instead require you to finish the current term. There is no mid-term purchase option unless we offer one in writing.

We warrant that at delivery the Equipment will be new or reconditioned to a like-new safety standard, merchantable, and reasonably fit for outdoor sauna use. During the initial term we will repair or replace manufacturing defects at our expense, except damage from misuse, neglect, weather you failed to reasonably protect against, or unauthorized repair.

Except for that limited warranty, we disclaim other warranties to the extent allowed by law. This disclaimer does not limit liability for our own negligence causing personal injury, or for any claim that cannot legally be limited.

You are responsible for safe operation and for every person who uses the Equipment, including family members, employees, contractors, customers, members, tenants, occupants, and guests. You will follow our written safety instructions, keep children and pets supervised, never leave a fire unattended, and never permit use under the influence of alcohol or drugs.

You will indemnify us against third-party claims arising from use at the Address, except to the extent caused by our negligence or a manufacturing defect.

You agree to receive notices at the email and phone on the application. Email notice is effective when sent. You are signing this Agreement electronically under the federal ESIGN Act and the New Jersey Uniform Electronic Transactions Act.

Your typed legal name, checkbox acceptance, the agreement version, and the agreement hash are your signature. We will make a copy available to you.

You may not assign this Agreement. We may assign it, including to a financier. We may file a UCC financing statement, including a fixture filing, to give notice of our ownership. That filing does not convert this lease into a loan.

New Jersey law governs, without regard to conflict-of-law rules, except that mandatory consumer-protection rules of the state where the Equipment is installed also apply to the extent they cannot be waived. Exclusive venue for court actions is the state or federal courts in New Jersey, unless a non-waivable local rule requires otherwise.

If a provision is invalid, the rest remains in effect. This is the entire agreement as to the rental. Website Terms of Service apply to the website; if they conflict with this Agreement on the rental of the Equipment, this Agreement controls.