Whole brain photo - rental agreement

 

  1. The term of this agreement shall commence at the first day of the rental period shown on order invoice. The term of this agreement shall expire on the expiration of the term of days shown on the order invoice. The Equipment must be returned to Whole Brain Media, LLC, by the end of business on the last day of the term of the agreement.

  2. The Equipment remains at all times the sole and exclusive property of Whole Brain Media, LLC. The renter has no rights or claims to the Equipment. Whole Brain Media, LLC, makes no claims to images, video, or sound recordings made by the renter while using the Equipment.

  3. Renter agrees to inspect the equipment at time of checkout or upon delivery; at that time, it shall be conclusively presumed that the renter has inspected the equipment, is satisfied with its condition, and has accepted the equipment as being in good condition and repair. Renter also agrees to pay on demand the rental rates stated in this contract.

  4. Renter further agrees to take care of the rented equipment and to use it in a proper manner. In the event the returned equipment is damaged, lost or destroyed before being returned, Renter agrees to promptly pay an amount equal to the cost of repair or replacement of the rented equipment. Renter’s form of payment shall be charged the amount of repair expenses owed to Whole Brain Media, LLC. If the renter’s form of payment cannot be successfully charged within 24 hours, the renter shall be considered to be in Default.

  5. The renter assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease. In the event that the Equipment is reported by the renter to be lost or stolen during the term of the rental agreement, the renter is liable to Whole Brain Media, LLC, for the replacement value of the Equipment. Whole Brain Media, LLC, shall charge the renter’s form of payment the amount owed for replacement of the lost or stolen Equipment. If the renter’s form of payment cannot be successfully charged within 24 hours, the renter shall be considered to be in Default. If the Equipment is not returned within seven (7) days of expiration of the term of the rental agreement, the renter shall be liable for the replacement value of the Equipment. Whole Brain Media, LLC, shall charge the renter’s form of payment the amount owed for replacement of the unreturned Equipment. If the renter’s form of payment cannot be successfully charged within 24 hours, the renter shall be considered to be in Default.

  6. In the event of default, all amounts owed by the renter to Whole Brain Media, LLC, are immediately due. In the event of default, the renter shall be responsible for any reasonable expenses of Whole Brain Media, LLC, in attempting to recover the amount owed from the renter including collection fees and attorney’s fees. Whole Brain Media, LLC, reserves the right to pursue all available civil and criminal remedies against the renter, including but not limited to: recovering possession of the equipment, obtaining from the renter’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.

  7. The renter, may elect, on certain items, to pay an additional sum to Whole Brain Media, LLC, for a limitation of liability for damaged equipment. When purchased, the protection plan limits the renter’s liability in the case of damage on covered equipment. Damaged equipment must be returned to Whole Brain Media, LLC, at the expiration of the rental period. On equipment covered by the optional protection plan, the renter’s maximum liability of damage is the lesser of 10% of the replacement cost of the equipment or the actual cost of repair. The optional protection plan only limits liability for damage caused by the ordinary negligence of the renter and does not cover any of the following types of damage: Water damage; Intentional damage; Damage arising from reckless or grossly negligent use of the equipment; Damage caused by abnormal or abusive use of the equipment. The optional protection plan does not limit the liability of the renter in regards to: Equipment not returned to the renter due to theft, loss, or any other casualty; Lost accessories.

  8. Whole Brain Media, LLC, shall not be held liable for any loss or damage of any kind, whether caused by negligence or otherwise resulting from: Failure to choose appropriate equipment, failure to use equipment properly, failure to learn the operation of the equipment, failure to charge or monitor batteries, delay, detention, late delivery, non-delivery, defect or deficiency in rented equipment or other materials supplied, handled, stored or transported.

  9. At no time will the rental charges accrue towards the purchase of rental equipment.

  10. 24 hours constitutes one rental day. Prices are subject to change without notice.

  11. Late returns are penalized a maximum daily penalty equivalent to the daily rental rate for the Equipment. Any penalties will be charged to the renter’s form of payment on file with Whole Brain Media, LLC. In the event the rental is not returned seven (7) days after the due date and Whole Brain Media, LLC, has been unable to collect the applicable penalties, the equipment will be considered stolen and the renter’s form of payment will be charged the full replacement value of the Equipment. If Whole Brain Media, LLC, is unable to collect penalties or the replacement value of the equipment after seven (7) days, the renter shall be considered to be in Default. Whole Brain Media, LLC, reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.

  12. All rent and applicable deposits will be paid in full at the time of checkout.

  13. Whole Brain Media, LLC, makes no warranties, either express or implied, as to any matter whatsoever, including and without limitation, the condition of the equipment, its merchantability or its fitness for any particular purpose, loss of data due to equipment malfunction or loss of any data that is stored on any rented media storage devices.

  14. Digital devices require a working knowledge of the post production processes needed for any specific job. Whole Brain Media, LLC, will not be held responsible for the following, including but not limited to:

    1. Uploading data from cameras to CDs, DVDs or other computer storage systems.

    2. Post processing of still or video files

    3. Handling of new, unfamiliar or inappropriate file formats

    4. Corruption of data

    5. Distribution of data through networks or the internet

    In the event of any material modifications, renter will be responsible for all reasonable costs of Whole Brain Media, LLC, in restoring the Equipment to its normal condition.

  15. Whole Brain Photo makes every attempt to ensure that all equipment is working properly and that batteries are charged for the renter. The renter is ultimately responsible for making sure that they have received the proper equipment, that their batteries are charged and the equipment is working properly. The undersigned renter agrees he/she has rented the invoiced item(s) and is aware and agrees to all terms listed in the rental agreement on the front and reverse of this form.

  16. At Whole Brain Media, LLC’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, or any other matter that must be removed from the Equipment before it is placed back in Whole Brain Media, LLC’s inventory.

  17. In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), the renter is fully liable to Whole Brain Media, LLC, for the replacement cost of the missing items.

  18. Renter agrees to indemnify Whole Brain Media, LLC, harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney fees arising out of, connected with or resulting from the use of the equipment. Each party agrees to give the other prompt notice of any such claim or the institution of any action, suit, or proceeding. The renter 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 Whole Brain Media, LLC, in full for those charges.

  19. This represents the entire agreement between renter and Whole Brain Media, LLC. 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 Idaho. Whole Brain Media, LLC, and the renter agree that the United States District Court for the District of Idaho, and/or Idaho’s Fourth Judicial District shall have exclusive jurisdiction over any dispute between the parties of this rental agreement