Rental Agreement for IE Photo Rentals
THIS EQUIPMENT LEASE AGREEMENT ("Lease") is made and effective by clicking on the “I have read and agree to the Rental Agreement” button, by and between IE Photo Rentals, ("Lessor") and current user ("Lessee"). By clicking on the “I have read and agree to the Rental Agreement” button, Lessee agrees to be bound by these Terms and Conditions of this RENTAL AGREEMENT, whether or not Lessee has read them. Lessor may at its sole discretion modify these Terms and Conditions at any time and any modifications shall become effective immediately as posted on this site. By clicking on the “I have read and agree to the Rental Agreement” button, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
1. Lease – Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor
2. Ownership – The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment.
3. Rent – Rent and a deposit, if applicable, must be paid in advance, in full. In cases where Lessee needs to leave deposit, a charge/hold will be applied to Lessee's credit/debit card and refunded after the return of the equipment.
4. Late Returns – Late returns are penalized 30% of the base rate for the Equipment rented. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.
(a). In the event the rental is not returned 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.
(b). If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
(c). Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
5. Default – In the event of default, all amounts owed by Lessee to Lessor are immediately due.
(a). The account will be turned over to our collections agency, which immediately results in the addition of attorney’s and collection fees. These fees are not waivable and the collection process will continue until these fees are collected, even if the Equipment is returned.
(b). Interstate theft charges are filed and a bench warrant obtained once the account is 7 days old. For equipment of sufficient value our collection agency may employ ‘skip tracers’ or repossession agencies to collect the original equipment or goods sufficient to repay the value of Equipment.
(c). Lessor reserves the right to file both civil and criminal charges against Lessee unless all Equipment and all outstanding rental fees are paid in full in additional to any fees resulting in the pursuit of Lessee.
6. Damaged Equipment – Lessee shall keep the Equipment in good working condition. In the event that damage occurs, Lessee must notify Lessor immediately about condition of Equipment. Equipment during the rental period is entirely the Lessee's responsibility.
(a). If Lessee has not notified Lessor of damage within 2 hours of receiving the equipment, both parties agree the equipment was received in good working order.
(b). Lessee agrees to pay for all damages at the appropriate factory repair center and will be charged accordingly on Lessee's card on file.
(c). Lessee is responsible for charges for loss of income resulting in the time Equipment is not available for rent.
(d). Lessee shall not modify or alter any of the Equipment at any time and will be responsible for charges to restore Equipment back to normal conditions.
(e). In the event that customer claims the equipment “failed” rather than was damaged, the report of the factory service center will be considered binding concerning equipment failure or damage.
(f). Our acceptance of equipment on return is not a waiver by us of any claims for damage to the equipment.
7. Loss of Equipment – Lessee assumes and takes responsibility for all of the Equipment during the term of the Lease.
(a). In the event that the Equipment is lost, stolen or not returned back to the Lessor, the Lessee is responsible to pay for the replacement cost of the Equipment rented.
(b). The Lessee's form of payment will be charged and if payment cannot be successfully charged, the Lessee shall be considered to be in Default.
(c). Lessee will obtain loss insurance on Equipment for the duration of the rental period. Lessee must provide a certificate of insurance naming "IE Photo Rentals" as an additional insured and Loss Payee. In addition the insured gear needs to be insured at full value with general liability insurance limits of no less than $1,000,000 per occurrence.
8. Cancellations – Lessee may cancel a reservation at anytime, however the Lessee will be responsible for charges depending on when the cancellation is made.
(a). 7 days or more will not incur any cancellation charges
(b). Within 48 hours of pick up will incur a 50% cancellation fee
(c). Same day cancellations will be charged full rental fee unless Lessor can find another Lessee to take over Equipment Lease.
9. Memory Card Rental Release of Liability - Due to the nature of electronic memory, Lessor takes no responsibility in cases where memory cards fail. Lessee assumes all responsibility if there are any errors, mistakes, or missing images resulting in the failure of digital/electronic memory.
10. Missing Accessories – In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items.
11. Lessor's Right – Lessor reserves the right to refuse business to anyone Lessor sees fit at any time and for any reason.
12. Taxes or Duties – The Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Equipment, renter agrees to reimburse Lessor in full for those charges.
13. Liability – Lessor does not assume, and the Lessee indemnifies Lessor against, any liability or claims resulting from use or malfunction of the equipment. The Lessee assumes all liability that may arise from use or failure of the equipment. It is the responsibility of the Lessee to verify if
the equipment is working properly.
14. Severability and Governing Laws – This represents the entire agreement between these two parties. 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 county of Los Angeles, CA.
15. Back Up Gear - Lessee should obtain backup gear for photographing important events. Due to the nature of electronic equipment, we cannot guarantee when equipment failure will occur.
16. Hold Harmless Clause:
(a). In consideration for receiving permission to rent, I hereby RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE neutralGREY INC dba IE Photo Rentals or the owner, their officers, agents, servants, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of the releases, or otherwise, while in, on or upon the premises where the use is being conducted.
(b). I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to my participation in renting, whether caused by negligence of releases or otherwise.
(c). It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family, spouse, and my guests. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of California.
(d). IN SIGNING THIS RELEASE, (or if reserving online by checking on the I agree box) I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
Last modified: 03-12-2015