This Hookah Rental Agreement (“Agreement”) is entered into by and between Smokin Wheels LLC (“Smokin Wheels”), a New York limited liability company, and the undersigned Renter (the “Renter”). Smokin Wheels provides a unique mobile hookah lounge experience (the “Lounge”).  Each of the entities hereto is sometimes individually referred to as a “Party” and collectively as “the Parties”.

Renter desires to rent from Smokin Wheels, and Smokin Wheels agrees to rent to Renter, for the duration described below (the “Event”) and at the location described below (the  “location”), the Lounge, inclusive of the equipment and supplies contained therein (the “Equipment”) together with any services contracted to be provided by Smokin Wheels (the “Services”).

Renter expressly acknowledges, understands, and agrees that hookahs are water pipes that are used to smoke specially made tobacco that comes in different flavors, and pose certain health risks (“Hookahs”) as further described in this Agreement.

This Agreement sets forth the terms and conditions under which Smokin Wheels will provide its Lounge. The Renter agrees to these terms by signing this Agreement and is responsible for ensuring that each and every one of its guests and participants adhere to these terms during the Event.

By engaging Smokin Wheels for Hookah rental services, the Renter acknowledges and agrees to comply with all applicable laws, regulations, and the terms outlined in this Agreement regarding the use of Smokin Wheels’ services and equipment.

The effective date of this Agreement is the date of the event, and the terms herein will govern all interactions between Smokin Wheels and the Renter pertaining to the Hookah rental services.

1. Term, Service, Price and Sales.

Smokin Wheels, LLC (“Smokin Wheels”) provides a mobile Hookah lounge experience with a range of Hookah flavors and special options such as special bases, premium flavors, fruit bowls, and candy tips. The total cost of the Hookah catering packages or Hookah rentals will be determined by the amount of Hookahs or Packages ordered, plus the applicable Booking Fee. Payment methods include Visa, MasterCard, and PayPal.  A non-refundable and fully earned booking fee (the “Booking Fee”) is required at the time of booking, with the balance due on the day of the Event.  This Agreement shall be effective from the Effective Date, subject to Smokin Wheels’ timely receipt of the non-refundable Booking Fee.  This Agreement will automatically terminate upon Smokin Wheels’ performance of the Services, or upon mutual written agreement.

If desired by Renter, Smokin Wheels will provide an Agent(s) to perform Service(s) such as Hookah setup, preparation, and cleanup.

2. Service Delivery.

Smokin Wheels will deliver the 36ft mobile Hookah lounge (the “Lounge”) to the agreed location and set up for the Event. Delivery and pick-up shall be at Smokin Wheels convenience.  Notwithstanding the above, Smokin Wheels agrees to have it’s Lounge set up and/or delivered by the agreed upon date and time.  Renter agrees to provide Smokin Wheels employees and agents unrestricted access and the right at all times to enter the Event sites premises for the purpose of delivery, setup, service, and pick up of Smokin Wheels property.  Renter agrees to provide suitable and lawful parking for the Lounge, including space for safe operation.  Renter is responsible for securing permits for parking and operation, as applicable.

3. Renter is fully responsible for any damage to the Lounge or the equipment which occurs during the Event.  Damage fees will be deducted from the Security Deposit. 

4. Reservations.

Reservations for the Smokin Wheels mobile Hookah lounge can be made online at https://smokinwheels.com/ or by contacting info@smokinwheels.com. A booking confirmation and this agreement will be sent to the Renter upon completion of the reservation process.  A reservation is not complete without payment of the Booking Fee.

5. Cancellations.

All cancellations must be made two weeks prior to the Event day.

6. Changes.

Renter may request changes to the date, time and/or location of the Event or to the menu items ordered, provided that Renter’s request is made at least 3 days in advance of the originally scheduled date. Due to Smokin Wheels commitments to personnel, suppliers and other customers, no changes may be made less than 3 days prior to the originally scheduled Event date.

7. Permitted and Prohibited Uses.

The Renter shall use the lounge and Equipment only for lawful purposes and in compliance with all applicable laws and regulations. Smoking of Hookah is only permitted in designated smoking areas.  No animals are allowed in the Lounge at any time.  No individuals under the age of 21 are allowed in the Lounge at any time.

Our Hookahs are meant for smoking flavored Hookahs only.  Smoking or adding any other substance in our Hookahs is strictly prohibited and will constitute damage, causing Renter to forfeit all sums paid.  Renter assumes the risks of any undesirable Events, injuries, damages, or malfeasance resulting from the use of Smokin Wheels Hookahs in conjunction with any other substances besides Hookah and will hold Smokin Wheels harmless for such results.  Each Hookah will be inspected and tested at the end of the agreed service time.

8. Responsibility/Limitation of Liability/Insurance:

Renter agrees that Smokin Wheels shall not be liable for any claims, losses, liabilities, expenses, or attorneys’ fees relating to the Event for any amount in excess of the fees paid by Renter to Smokin Wheels pursuant to this Agreement, except to the extent finally judicially determined to have resulted from the gross negligence, bad faith, or intentional misconduct of Smokin Wheels.

LIMITATION OF LIABILITY:  IN RECOGNITION OF THE RELATIVE RISKS TO SMOKIN WHEELS AND BENEFITS TO RENTER, RENTER AGREES TO LIMIT THE LIABILITY OF SMOKIN WHEELS FOR ANY TYPE OF DAMAGES TO THE AMOUNT OF SMOKIN WHEELS’ TOTAL FEES UNDER THIS AGREEMENT. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW. 

Smokin Wheels does not provide any insurance coverage for the benefit of Renter, its guests, or third-parties.  Smokin Wheels strongly recommends Renter purchase adequate insurance coverage for the Event, including coverage for property damage, and any potential claims for illness, injury, or death.

9. Waiver:

By purchasing or using Hookah services from Smokin Wheels, the Renter affirms that he/she and his/her guests are of legal age to consume tobacco in the jurisdiction in which the Hookah services are provided. The Renter affirms that all guests understand and comply with the terms of this Agreement.  The Renter and Renter’s guests hereby forever release, waive, discharge, and covenant not to sue Smokin Wheels, its officers, members, promoters, owners, employees, contractors, or business partners from any and all liability, injuries, or any all other claims and damages as a result of: i) purchasing or using Hookah services from Smokin Wheels; ii) this Agreement; iii) any property damage, lost or stolen property; iv) any claim for personal bodily injury, illness, or death, whether caused by smoking, Hookah, ingestion of toxic chemicals or substances, or otherwise; and v) any claim from any third party licensee or invitee of Renter in any way arising out of or under this Agreement, including a claim for any personal bodily injury, illness, or death.  Furthermore, the Renter agrees to assume full responsibility for, and risk of, bodily injury, and death, as well as assuming full responsibility for property damage to Hookah equipment while Lounge is at Renter’s premises, and property damage to the Lounge.

10. Equipment Failure.

The Renter shall be responsible for, and reimburse Smokin Wheels, for any and all damages to Smokin Wheels equipment that results from the Renter’s, or the Renter’s guests’, invitees’, agents’, or associates’ negligence or willful misconduct at the Event. Smokin Wheels reserves the right to terminate all services during the Event, if any activities or conditions are present that may cause damage to Smokin Wheels’ equipment.

11. Inspection

The Renter acknowledges that it has examined the rented property consisting of the Lounge and the equipment contained therein prior to taking possession and that it is in good working condition, except for any defect specifically noted on this Agreement, and determined that it is suitable for Renter’s needs.

12. Disclaimer of Warranties.

Smokin Wheels is not the manufacturer of the rented property nor the agent of the manufacturer, and Smokin Wheels makes no warranty against interference, merchantability, or fitness for any particular purpose. There is no warranty or representation by Smokin Wheels that the rented property is fit for Renter’s particular use, or that it is free from latent defects. No warranties extend beyond the face of this agreement. Smokin Wheels will not be responsible to Renter or to any third party for any loss, damage, or injury resulting from the use of, or any failure of, the rented item. Smokin Wheels will not be responsible for any defect or failure of the rented property unknown to Smokin Wheels. Renter’s sole remedy for any failure of, or defect in, the rented property is the termination of the rental charges at the time of failure, provided that Renter notifies Smokin Wheels immediately of such failure, not to exceed the duration of the Event.

13. Health Risks Acknowledgement and Release.

By agreeing to this rental agreement, the Renter acknowledges that smoking Hookah involves inherent health risks. The Renter understands that smoking Hookah can lead to shortness of breath, respiratory issues, and other health-related risks, especially in individuals with pre-existing health conditions or a history of respiratory problems. The Renter agrees to forever release, indemnify, and hold harmless Smokin Wheels LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising from the use of the rented Hookah equipment by any individual who uses the equipment while rented by Renter. This includes any health-related issues that may arise from such use, irrespective of whether these individuals have been informed of the potential health risks by the Renter.

14. Media Release.

Renter gives permission on behalf of itself, its guests, and agents, and shall allow Smokin Wheels to use any photography, videography, images arising under Smokin Wheels’ performance of the Services for Company’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion for promotional purposes only.  Renter waives any right to payment, royalties or any other consideration for the use of the images.  Renter waives the right to inspect or approve the finished product, including written or electronic copy, wherein Renter’s likeness appears.  Renter shall give photo credit to photographer where applicable.  Pictures and videotape of Smokin Wheels’ Agent(s) are permitted for the private use of the Renter and invited guests only.

15. Age Verification Responsibility.

The Renter is responsible for verifying and ensuring that all individuals using the rented Hookah equipment are at least 21 years of age, in compliance with legal age requirements for smoking-related products. The Renter agrees to hold Smokin Wheels LLC harmless for any consequences, including legal penalties, resulting from failure to comply with age verification requirements.

16. General Provisions.

This Agreement shall be deemed to have been made and executed in New York, U.S. Any dispute shall be resolved in Erie County accordance with the laws of New York, without reference to its conflict of law principles. The provisions of this Agreement are independent of and separable from each other, and no provisions shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.  Any modifications or amendments to this Agreement must be made in writing and signed by authorized signatories of Renter and Smokin Wheels. This Agreement may be executed in counterparts, and each of such counterparts shall be for all purposes deemed an original; provided that all such counterparts shall together constitute but one and the same Agreement.  This Agreement contains the entire understanding between the Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as herein contained.

By signing this agreement, the Renter acknowledges their understanding and acceptance of these responsibilities and agrees to adhere to all terms set forth herein.

[SIGNATURES FOLLOW.]