|
Rental Agreement
By using the Film Star Rentals website and online ordering system, you signify your assent to the Rental Policy below. If you do not agree to this policy, you cannot place a reservation or take any equipment off our premises. Your continued use of the Film Star Rentals ordering system following the posting of changes to these terms will mean you accept those changes. When placing a reservation using our online system, your IP address will been recorded and stored with your order.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE RENTAL POLICY BELOW, TERMS OF USE , PRIVACY AGREEMENT, AND THE COPYRIGHT AND TRADEMARK NOTICE THAT IS INCORPORATE BY REFERENCE HEREIN.
FILM STAR RENTAL POLICY
This is a lease of the equipment described on the Order Confirmation Form received via email upon completing a reservation by both the Rentor and Rentee.
1. Rentee agrees to promptly notify Film Star Rentals (also referred to herein as "Rentor') and obtain agreement to any extension of the rental term. At no time will rental prices accrue toward the purchase of any rental equipment. Rentor reserves the right to refuse service to anyone, at anytime for any reason. You MUST call if you need to cancel a reservation and then follow up with an email or fax so we have a record of your cancellation. Rentals are subject to the complete rental fee if canceled less than 3 business days in advance unless we can re-book the items. It affects other renters when you cancel at the last minute.
2. All rentals are F.O.B. our premises. Rentee pays for all shipment and loading costs, and/or where responsibility for the goods are transferred. Equipment may be picked up on the day before the shoot day after 4:00 PM; if equipment is picked up before 4:00 PM an extra day's rental will be charged unless previously agreed to in writing. Equipment must be returned by 11:00 AM on the day following the shoot day or last paid rental day unless previously agreed to in writing, or an additional day's rental charge will be incurred.
3. The Rentee agrees not to remove or cover the tag, bar-code, serial number or name plate on equipment showing ownership by Film Star Rentals. Rentee shall not make any alternation, additions or improvements to said equipment without the written consent of Film Star Rentals. At all times, Rentor shall have the right to inspect equipment and observe its use and Rentee consents to provide access to equipment at any time requested. It shall be lawful for the Rentor or his agents at all time to enter the premises upon which said equipment is kept for the purpose of viewing the state and condition of the said equipment.
The Rentee shall, at their own cost and expense, protect, keep, and maintain, in their custody, the equipment rented, in a good state of condition and agrees to return the same to Rentors premises upon the termination of the rental period in the same condition and good order as when received.
4. Rentee acknowledges that he/she has fully inspected and accepted said equipment, and that said equipment is in good and usable condition. ANY EXCEPTIONS must be noted on Exhibit A and be acknowledged by an Employee, Manager or Owner(s) of Film Star Rentals. Rentee hereby assumes and shall bear the entire risk of loss and damage to the equipment from any and every cause except ordinary wear and tear resulting from use of the equipment. Upon the expiration or earlier termination of this lease Rentee shall return the equipment and all the accessories to Rentor, in the same condition as said equipment was at the time of delivery hereof to the Rentee.
a. All lighting units will be sent out with a functioning globe and will be returned with a functioning globe of the same make and wattage.
b. All parking violations acquired during the rental period, in any vehicle rented from the Rentor shall be sent to the Rentee immediately with the appropriate fees for said violations. All road hazards, mechanical failures and towing costs will be the responsibility of the Rentee.
c. The Rentee shall be responsible for all liability, actions and decisions made by all crew personnel. This condition will apply to crew persons hired directly by the Rentee and/or any crew referred by the Rentor.
d. All rental equipment must be returned to the exact location of the Rentors rental facility by the time agreed upon.
e. All equipment, returned during or after the rental period, will be handled and transported by the Rentee during regular business hours.
f. During the rental period, damaged equipment will be exchanged with good equipment only if such equipment is available directly through the rental facility. The Rentor shall be the sole arbitrator of the extent of service and repair required on all returned equipment.
g. The Rentor will not be responsible for any rented equipment or vehicles left at either rental facilities at 488 Dorchester Ave, South Boston MA 02127 or 536 Dorchester Ave South Boston MA 02127 by the Rentee or crew personnel.
h. A cleaning fee can and will be imposed on the Rentee if the rented equipment is not returned in the same placement and order as it went out. The minimum cleaning fee will be .00. It is the Rentee's responsibility to be aware of the manner in which all equipment, trucks, packages, cases and kits are packed and equipment must be returned in the same manner.
i. Only the exact equipment sent out will be accepted back at the end of the rental period. No allowances will be made for any type of substitution.
5. The Rentee shall compensate the Rentor for the full rental rate as the result of the Rentee cancelling all or part of the order unless cancellation is made in writing 3 days prior to reserved date. Same day cancellations of all or any part of the reservation will be charged in full for the reserved time(s) as well as any lost rental fees.
6. Rentee acknowledges and agrees that Rentor makes no warranty, express or implied regarding the equipment, including though not limited to, its merchantability or fitness for any purpose. Rentor's obligation to the Rentee shall be limited to the repairs or replacement of the equipment which is defective, when delivered to Rentee and Rentee agrees that this shall be its sole and exclusive remedy against the rentor.
7. The Rentee must not sell, loan, sub-lease, assign, pledge, encumber, part with possession, or suffer any lien to be created over rented equipment and Rentor may terminate any rental without notice in the event of any Rentee making any attempt to do so or making and act or omission which, in the opinion of the Rentor, jeopardizes Film Star Rentals rights in the equipment or becoming the subject of any bankruptcy or liquidation proceedings, or becoming insolvent or allowing any judgment or well founded claim to remain unsatisfied or failing to pay any rental costs or any other sum due Film Star Rentals or failing to comply with any of these conditions.
8. Rentee shall pay Rentor all costs and expenses, including attorney fees incurred by Rentor in exercising any rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof. In the event any of the payments due become default, or if the Rentee shall fail to perform any other provision of the is contract, then it is hereby stipulated and agreed that the Rentor may file legal proceedings in the appropriate court, and serve summons and/or jurisdiction and submits to said venue. This contract shall be governed by the laws of the state of Massachusetts. In the event of any action or proceeding to enforce or interpret any provision of this contract, the Rentor shall be entitled to receive or recover it attorney's fees from the Rentee.
9. Rentee agrees to indemnify and hold harmless Rentor from any and all claims, actions, suits, proceeding, costs, expenses, damage and liabilities, including reasonable attorneys fees arising out of, connected with, or resulting from the lease of any equipment or the employment of any personnel provided by Rentor hereunder provided, however, that Rentor shall have no obligation to indemnify and hold harmless Rentor for his sole negligence or the intentional or wanton misconduct of any personnel by Film Star Rentals, hereunder. Said equipment is used at Rentee's sole risk and Rentee will indemnify and hold Rentor harmless from any and all liability, claim cost, malfunctioning equipment and expenses arising out of Rentee's use of or possession of the equipment.
10. Rentor shall be entitled to use up to 10% of the billed daily time on the job at its discretion for maintenance, etc., without any deduction for such "Down Time" from the total charges payable by the Rentee, Rentor shall make a reasonable effort to have its equipment functioning to meet Rentee's failure to operate the equipment properly. In the event of equipment failure or malfunction, Rentor will notify Rentee by telephone. Film Star Rentals cannot accept responsibility for malfunctions reported after termination of rental.
11. Rentor shall secure and maintain at his own expense (a) All Risks of Loss insurance including in-transit coverage equal to the replacement value of the equipment for Theft, Direct Physical Loss of or Damage to the equipment rented from the Rentor, and (b) Comprehensive General Liability Insurance in the amount of not less than ,000,000.00 combined single limit for Personal Injury, Bodily Injury, and Property Damage. The Comprehensive General Liability Form shall include the coverage parts for broad form contractual liability.
The Rentor specifically agrees that the value of the leased equipment in the event of any loss or damage during the rental period is the value as listed in the manufacturer's current user net price list, showing values at the time of loss or damage. In addition to the foregoing, the Rentor agrees to pay to the Rentor a sum equal to the rental rate herein charged for the loss of use during the time that the Rentor is deprived of the equipment, computed to the date of restoration, whether or not the equipment is replaced or repaired.
Rentee shall provide Certificates of Insurance, signed by an authorized representative of the Rentees insurance company in duplicate, evidencing that Rentee is in compliance with the insurance provisions of this agreement. Film Star Rentals shall be named as Additional Insured and Loss Payee as its interest may appear in reference to any and all equipment provided by Rentor under the terms and conditions of this agreement.
Each such certificate issued to Rentor shall stipulate that the coverages indicated on the insurance certificate shall be primary coverage and not contributing with any other insurance maintained by Rentor. The insurance company is required to notify Rentor prior to any cancellation or reduction of the limits of liability.
It is agreed that the Rentee's insurance coverage shall commence at the time that any of Rentor's equipment leaves Rentor's premises and shall remain in full force and effect until the equipment is returned to the premise of the Rentor unless Rentor shall stipulate that such equipment is to be returned to a specific location other than Film Star Rentals premises at 488 Dorchester Ave, South Boston MA 02127.
|