Rental Agreement

Rental Agreement – Revised 12/30/2020

THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by clicking on the “I agree, submit this order” button, by and between Rent My Video Gear, (“Lessor”) and current user (“Lessee”). By clicking on the “I agree, submit this order” button, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions and confirms that they have read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time.

 

NOW, THEREFORE,

  1. Availability and Pricing

Lessor makes every effort to ensure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.

 

  1. Lease

Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.

 

  1. Term

The term of this lease shall commence on the first day of the rental period shown on the order receipt (Rental Period). The term of this lease shall expire on the expiration of the Rental Period. The Equipment may be picked up between 3:00 and 6:00pm the day before the Rental Period and must be returned between 8:00am and 11:00am the day following the end of the Rental Period, e.g., if the Rental Period is Tuesday and Wednesday the Equipment can be picked up between 3:00pm and 6:00pm on Monday and must be returned between 8:00am and 11:00am on Thursday.

 

  1. Hours of Use

For purposes of this Lease a “Day” will be use up to 12-hours as shown by the time counter built into the equipment. This clause applies only to use of video cameras, all other equipment will be based on calendar days.

 

  1. Rent

Rent and any applicable deposit must be paid in advance, in full. All rental payments are non-refundable unless cancelled in writing at least 48-hours before scheduled pickup.

 

  1. Late Returns

Late returns are penalized a maximum daily penalty equivalent to the daily rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.

  1. If the rental is not returned within 7-days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment.
  2. If Lessor is unable to collect penalties or the replacement value of the equipment after 7-days, the Lessee shall be in Default.
  3. Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.

 

  1. Use

Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.

 

  1. Cancellation by Lessor

Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.

 

  1. Cancellation by Lessee

Lessee may cancel an order at any time prior to 48-hours before the beginning of the Rental Period, for any reason until the Lessor transfers possession of the Equipment to Lessor.

 

  1. Ownership

The Equipment is and will always be the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.

 

  1. Damaged or Modified Equipment

Lessee shall keep the Equipment in good repair and condition. Lessee shall not materially modify or alter the Equipment.

  1. If Lessee makes any material modifications, they will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.
  2. Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause.
  3. Any pre-existing damage must be reported to Lessor within 24-hours after Lessee takes possession of the Equipment or Lessor and Lessee agree that any damage to the equipment occurred during the term of the Lease.
  4. If there is a dispute between Lessor and Lessee, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
  5. If the equipment is damaged, Lessor shall choose the repair method and venue, within reason.
  6. If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair and shipping if commercially reasonable.
  7. Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor.
  8. Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24-hours, the Lessee shall be in Default.
  9. At Lessor’s discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
    • Smoke
    • Mud or dirt
    • Chalk or powder
    • Sand
    • Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory

 

  1. Loss of Equipment

Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.

  1. Lost or Stolen Equipment – If the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
  2. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
  3. If the Lessee’s form of payment cannot be successfully charged within 24-hours, the Lessee shall be in Default.
  4. Unreturned Equipment – If the Equipment is not returned within 7-days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
  5. In case of a dispute over whether the Lessee returned the Equipment:
    1. If Lessee does not have a return receipt provided by Lessor; or
    2. the Equipment is considered unreturned;
    3. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment; and
    4. If the Lessee’s form of payment cannot be successfully charged within 24-hours, the Lessee shall be in Default.

 

  1. Default

If a Default occurs, all amounts owed by Lessee to Lessor are immediately due.

  1. In the event of Default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
  2. Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.

 

  1. Missing Accessories

If the Equipment is returned missing accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items and charges will accrue in accordance with section 12 of this Lease.

 

  1. Liability

Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.

 

  1. Malfunctioning Equipment

In the case of malfunctioning Equipment, Lessor’s only liability to Lessee is for the portion of Rent applicable to the time-period that the Equipment was nonfunctioning. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions.

 

  1. Taxes, Duties, Encumbrances

Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. If any such are levied against the Equipment, renter agrees to reimburse Lessor in full for those charges.

 

  1. Ownership

The Equipment remains the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment other than the right to possess and use the Equipment during the Term. Lessor does not have or make any claim to images, video, or sound recordings made by the Lessee while using the Equipment. Lessee agrees that they will not tamper or remove equipment ID barcodes whether such were placed on the Equipment by the manufacturer or Lessor.

 

  1. Insurance.

Lessee will provide Lessor with an insurance certificate naming Lessor as an additional insured prior to picking up the Equipment. Failure to provide this certificate may result in Lessor cancelling the Lease subject to the cancellation provisions contained in this Lease.

 

  1. Severability and Governing Laws

This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of Florida. Lessor and Lessee agree that the United States District Court for the Middle District of Florida, and/or the State Courts in and for Duval County, Florida have exclusive jurisdiction over any dispute between the parties of this Lease.

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