EQUIPMENT RENTAL AGREEMENT
This is EQUIPMENT RENTAL AGREEMENT (this "Agreement") is a legally binding agreement between you ("you" or "your" or "The Contractor") and Chantilly Lace LLC ("Chantilly Lace" or "CL") that defines the terms and conditions by which Chantilly Lace is allowing The Contractor to borrow their business property.
By clicking on the “SUBMIT” button on the gear rental form, you acknowledge and agree that: (i) you have reviewed and understand this Agreement; (ii) you agree to be legally bound by the terms and conditions of this Agreement; and (iii) your provision of equipment rental (as defined below) will be governed by this Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not click on the “SUBMIT” button and contact your department leader.
Term of Agreement. The parties do herein bind themselves to the terms of this Agreement in regard to all equipment rented by The Contractor from Chantilly Lace for the date outlined on their Gear Rental Form until the gear is returned.
Non-Exclusivity. This is a nonexclusive Agreement. Nothing herein contained shall obligate The Contractor to rent only from CL, nor CL to rent only to The Contractor during the life of this Agreement.
Gear Usage. CL gear will be used solely for CL customers, gigs, jobs and events.
Price. The rental of CL gear will accrue a fee of $50 per day to The Contractor. The total amount will be deducted from The Contractor's payment for the assignment noted on the Gear Rental Form.
Warranty of Authority. The Contractor hereby warrants that any person which he/she directs or allows to receive equipment from CL and who shall sign for acceptance of said equipment is authorized by The Contractor to do so. Any person directed to receive equipment must be provided in writing, outlined on your Gear Rental Form.
Maintenance of Equipment. The Contractor agrees to keep and maintain all of the rental equipment in good condition and assumes full responsibility for all the equipment and supplies until the rented items are returned. The Contractor agrees not to remove, cover, alter or deface any tags, serial numbers or nameplates on the equipment. The Contractor agrees not to modify the internal settings of cameras. The Contractor agrees to return equipment in like or better condition.
Lost and/or Damaged Equipment. In the event of any loss or damage to the rented equipment, The Contractor agrees to pay for the equipment to be repaired and/or replaced. The Contractor agrees that the value of the rented equipment, in the event of damage and/or loss, requiring replacement rather than repair of said equipment is the replacement value as determined by the manufacturer’s list price at the time of said loss.
Inspection of Equipment. The Contractor acknowledges that the equipment has been examined and tested by The Contractor and that the same is in good working order and condition. In the event equipment is shipped to The Contractor, it is the responsibility of The Contractor to fully inspect the equipment. Failure to notify CL of any defects or problems with equipment within 24 hours of receipt shall be conclusively deemed as acknowledgment that all equipment has passed The Contractor's approval and is in good working order.
Exclusion of Warranties. THE CONTRACTOR HEREIN ACKNOWLEDGES THAT ALL EQUIPMENT TO BE RENTED FROM CHANTILLY LACE WILL BE AS A RESULT OF THE CONTRACTOR’S SOLE SELECTION, DISCRETION AND OPINION AS TO EQUIPMENT WHICH IT REQUIRES. ALL EQUIPMENT IS ACCEPTED BY THE CONTRACTOR “AS IS”. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY CL OF ANY TYPE OR NATURE WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THE PERFORMANCE OF CAMERAS, SERVICES, SUPPLIES, FILM OR OTHER EQUIPMENT RENTED. CL HEREIN EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT, UNDER NO CIRCUMSTANCES, SHALL CL BE RESPONSIBLE OR LIABLE TO THE CONTRACTOR OR ANYONE ELSE FOR ANY DAMAGES,OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT CL OR CL’S AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification and Hold Harmless. The Contractor agrees to assume full responsibility and liability for the safekeeping and return of all rented equipment accepted by The Contractor. The Contractor agrees to indemnify and hold harmless CL and any other persons to which CL itself may be responsible to indemnify and hold harmless, from any and all liability, claims, damages, costs and expenses arising from Independent Contractor’s use, misuse and/or possession of the rented equipment.
Returned Equipment. Acceptance by CL of the return of rented equipment does not waive any claims that the company may have against The Contractor for patent, latent or hidden damage to the equipment. CL shall have a reasonable period of time after return of said equipment to discover said damages.
Inspection/Repossession of Equipment. The Contractor agrees to admit any lead team member or agent or owner of CL to enter the premises upon which equipment is kept for the purposes of checking the condition of the company’s equipment and/or for repossessing the equipment in the event The Contractor is in default of any term of this Agreement whatsoever.
Exclusive Possession/Non-Assignability of Lease. The Contractor shall not sublease or loan the equipment or assign this Agreement to any other persons, firms or corporation and said equipment shall at all times remain under the immediate, exclusive control and direction of The Contractor.
Miscellaneous Provision for Liens, Charges, etc. The Contractor specifically acknowledges CL’s ownership of the equipment and agrees to keep the equipment free of all liens and encumbrances. The Contractor agrees that he shall be liable for all taxes, transportation charges, duties, broker fees and any and all other costs imposed upon the equipment.
Governing Law. This Agreement and all the rights and liabilities of the parties hereto shall be governed by and construed in accordance with the laws of the State of South Carolina.
Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and cancels and supersedes any prior oral or written agreement between the parties with respect to the subject matter. No alterations, additions, amendments or modifications to this Agreement shall be binding unless made in writing and executed by an authorized agent of CL.
Construction. In the event any parts of this Agreement are found to be void, the remaining provisions of this Agreement shall be binding with the same effect as if the void parts were not included.
THE CONTRACTOR DOES HEREIN WARRANT THAT HE/SHE HAS READ THE TERMS OF THIS AGREEMENT, UNDERSTANDS THE SAME AND DOES ACCEPT IT BY SUBMITTING THE "GEAR RENTAL FORM". THE CONTRACTOR AGREES THAT HE/SHE IS DULY AUTHORIZED TO BIND THE CONTRACTOR TO EACH AND EVERY TERM OF THIS AGREEMENT.