1. Names. This document serves as a legally binding agreement between Eric DeHaven and all DBA entities (hereby referred to as Us and We) and RENTER (hereby referred to as You).

 

2. Indemnity. You will indemnify and hold harmless Us against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or related to Your use of the equipment.

 

3. Use of Equipment. You acknowledge that use of the equipment creates some risk of personal injury to You and third parties, as well as risk of damage to property. You expressly assume that risk and agree to use equipment safely and only in the manner for which it is intended to be used. You are responsible for the actions of all persons using equipment during the rental period. You expressly assume the responsibility for any personal injury or property damage resulting from Your use of the equipment.

 

4. Loss or Damage to Equipment. You are responsible for loss, damage or destruction of the equipment, including but not limited to losses while in transit, while loading and unloading, while at any and all locations, while in storage, while on Your premises, and while being used by You in any manner whatsoever, except that You are not responsible for damage to or loss of the Equipment caused by Our sole negligence or willful misconduct. You are also responsible for actual and verifiable loss of use and You shall fully compensate Us for the loss of use of the Equipment during the time it is being repaired or replaced, as applicable (loss of rental). For any claims not covered by insurance, You will be responsible for paying these costs directly Us within 10 business day.

 

5. Equipment Functionality. We have tested the Equipment in accordance with reasonable industry standards and found it to be in working order immediately prior to the inception of this Agreement, and to the extent You have disclosed to Us all of the intended uses of the Equipment, it is fit for its intended purpose. Other than what is set forth herein, You acknowledge that the Equipment is rented/leased without warranty, or guarantee, except as required by law or otherwise specifically agreed upon in writing by the parties at the inception of this Agreement. You have inspected the equipment prior to leaving our facility and are in agreement of the condition and have pointed out any items or existing damages to Our employees.

 

6. Insurance, Security Deposit & Financial Responsibility. You agree to carry production insurance with rental equipment coverage equal to the total value of all equipment used during production including the dates of pickup and return. You are responsible for costs that arise out of gaps and/or exclusions in this insurance coverage or if that insurance coverage becomes invalid for any reason. LifeDebayered will be listed as the Additional Insured party in this insurance policy with a standard certificate of insurance. You agree to initiate insurance claims within 24 hours of incident date.

 

7. Loss of Rental Income & Continuing Rental Fees. You acknowledge that use of the Equipment creates some risk of loss of income in the event of an incident. You are responsible for all loss of Our rental income as well as continuing rental fees and any other costs associated with securing replacement equipment in the event of a loss, damage, theft or any other claim until such time as the loss can be repaired or replaced.

 

8. Credit Card Authorization. You agree to allow Us to keep Your credit card information on file as collateral for Our equipment and for use against rental payments, debts, or charges due to loss, damages or thefts not being covered by Your insurance. Amounts charged will be Itemized via invoice for You before billing.

 

9. Entire Agreement. This is the entire agreement between parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.

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10.Governing Law. This agreement will be governed by and constructed in accordance with the laws of the state of California.

 

11. Counterpart. This agreement must be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties

 

12.Modification. This agreement may be modified only by a written agreement signed by all the parties.

 

13.Waiver. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.

 

14.Severability. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.

 

15.Rental Terms. A list of the items rented, pick up and return dates, costs, and replacement values will be specified in the document entitled RENTAL INVOICE which We will provide to You prior to rental transaction. When You proceed with the rental transaction, this is an acknowledgement and agreement to these terms.

 

16. Replacement values. Values and replacement costs listed in our invoices can be subject to change based on current market conditions. We strive to keep this as up to date as possible.

 

17. Reservations & Cancellations. Payment is due upfront to reserve equipment. We cannot guarantee equipment availability for unpaid invoices. Rental cancellations less than 48 hours prior to the pickup date will be refunded 50% of the rental cost. No refunds will be given for cancellations less than 24 hours prior to the pickup date.

 

18. Packaging. You have been informed that equipment is to be returned in the same condition and packed in the same way as it was given. Please use our laminated packing sheets or photos (taken by you) of the cases and how the gear is packed. I (the “Lessee”) am not permitted to rearrange or modify cases in any way. Care should be taken to safely package equipment to avoid damage.

 

19. Equipment disassembly. You understand that any items disassembled (ie: camera removed from its cage) will be returned to its original configuration correctly as given. Failure to do so will result in a fee of $120/hr to restore the items to the original configuration.

 

20. Underwater use. You understand that use of equipment under or above water is expressly forbidden. We do not allow the use of our equipment in under or above water situations without prior consent. Specific insurance and training must be proven before this use is allowed. We reserve the right to cancel a booking at our discretion any rental found to be in violation of this clause without refund. You may be held responsible for any and all resulting damages from exposure to water or the equipments use in this situation.

 

21. Communication. You understand that in the event of damaged, lost, stolen, or similar items. You are to notify the Us immediately. Items are generally rebooked to other users directly after your return. If we are not notified in advance we jeopardize other renters productions. Please be respectful and allow us the time to compensate, change bookings or replace items in a timely manner.

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22. Faulty or non operational items. You are to notify us before leaving our facility of any items that are non operational. If an item is found to be non operational after leaving our facility we are to be notified immediately. We will work to provide you a replacement for said item within reasonable means. This does not mean you are not responsible for the failure. Items that fail after leaving our facility will be inspected and cause of failure and responsibility will be determined at that time.

 

23. International Transit. You understand that no equipment shall be taken for use internationally by You or Your representatives without written consent by Us. While we allow the use of the equipment outside the USA, specific insurance must be obtained and provided before transit.

 

24. Time Frame. This contract will be upheld for a period of one year and may span multiple rental transactions between You and Us