This Equipment Lease Agreement (“Lease”) is made and effective by clicking on the “Complete Order” button, by and between Renter and Owner. By clicking on the “Complete Order” button, user agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not the user has read them. Owner may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “Complete Order” button, Renter indicates acceptance of the modified Terms and Conditions.

1. Intent

As a renter of another person’s movable property, you must adhere to the following Terms of Service (TOS). Should these terms not be respected, the renter will be held responsible for the costs associated with the loss or damage to the rented movable property.

You, as a renter, will be responsible for the costs associated with the loss or damage to the rented movable property if the loss or damage was caused by:

• Corrosion, rust, rodents, insects, vermin, dampness of atmosphere, staining or freezing;
• Artificially generated electrical currents to electrical appliances or devices (including wiring);
• Attempting to fix, adjust or service the rented movable property deemed to be damaged;
• Neglect to use all reasonable means to save and preserve the rented movable property at and after any disaster, or when you have notice of an impending disaster;
• A criminal or willful act or omission;
• Any act committed or conspired to commit with the intent to cause loss or damage to the rented movable property;
• Any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of pollutants;
• Seizure or confiscation for breach of any law or by order of any public authority
  
  

2. Disclaimer

Every effort is made to assure descriptions and prices are correct. Owner reserves the right to correct errors as needed. All prices and availability are subject to change without notice.

3. Lease

Owner hereby leases to Renter, Renter hereby leases from Owner, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.

4. Term

This Agreement shall commence on the Effective Date and remain in full force and effect until the Equipment is returned to Owner. Renter shall return the Equipment on the end date stated next to each item, unless terminated earlier consistent with the terms herein.

5. Late Returns

Late returns are penalized a maximum daily penalty equivalent to 25% of the 4 day rental rate for the Equipment. Any penalties will be charged to the Renter form of payment on file with Owner.

1. In the event the rental is not returned 7 days after the due date and Owner 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.
2. If Owner is unable to collect penalties or the replacement value of the equipment after 7 days, the Renter shall be considered to be in Default.
3. Owner reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
   
   

6. Use

Renter shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinances, and regulations in any way relating to the use or possession of the Equipment.

7. Cancellation by Owner

Owner reserves the right to cancel any order, for any reason, at any time before delivery occurs.

8. Ownership

The Equipment remains at all times the sole and exclusive property of Owner. The Renter has no rights or claims to the Equipment. Owner makes no claims to images, video, or sound recordings made by the Renter while using the Equipment.

9. Damaged or Modified Equipment

Renter shall keep the Equipment in good repair and condition.
Renter shall not materially modify or alter the Equipment.

1. In the event of any material modifications, Renter will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.
2. Renter assumes and shall bear the entire risk of damage to the Equipment from any cause, during the term of the Lease.
3. Unless pre-existing damage is reported to Owner at the time of pick-up, after Renter takes possession of the Equipment, it is assumed that any damage to the equipment occurred during the term of the Lease.
4. In the event of damage, the Renter is responsible for Owner’s reasonable expenses for parts and labor.
5. Renter’s form of payment shall be charged the amount of repair expenses owed to Owner. If the Renter’s form of payment cannot be successfully charged within 24 hours, the Renter shall be considered to be in Default.
6. At Owner’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
• Any other matter that must be removed from the Equipment before it is placed back in Owner’s inventory
  
  

10. Loss of Equipment

Renter assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.

1. Lost or Stolen Equipment – In the event that the Equipment is reported by Renter to be lost or stolen during the term of the Lease, Renter is liable to Owner for the replacement value of the Equipment.
2. Owner shall charge Renter’s form of payment the amount owed for replacement of lost or stolen Equipment.
3. If the Renter’s form of payment cannot be successfully charged within 24 hours, the Renter shall be considered to be in Default.
4. Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Lease, the Renter shall be liable for the replacement value of the Equipment.
5. In case of a dispute over whether the Renter returned the Equipment:
1. If Renter used alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned.
2. Owner shall charge Renter’s form of payment the amount owed for replacement of the unreturned Equipment.
3. If the Renter’s form of payment cannot be successfully charged within 24 hours, the Renter shall be considered to be in Default.
   
   

11. Default

In the event of default, all amounts owed by Renter to Owner are immediately due.

1. In the event of default, Renter shall be responsible for any reasonable expenses of Owner in attempting to recover the amount owed from Renter including collection fees and attorney’s fees.
2. Owner reserves the right to pursue all available civil and criminal remedies against Renter, including but not limited to: recovering possession of the equipment, obtaining from 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.
   
   

12. Missing Accessories

In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), Renter is fully liable to Owner for the replacement cost of the missing items.

13. Liability

Owner does not assume, and the customer indemnifies Owner against any liability or claims resulting from the use or malfunction of the equipment. Renter assumes all liability that may arise from use or failure of the equipment.

14. Malfunctioning Equipment

In the case of malfunctioning Equipment, Owner’s only liability to Renter is for the portion of Rent applicable to the time period that the Equipment was non-functioning. Owner shall not be responsible for any consequential or incidental damages resulting from malfunctions.

15. Taxes or Duties

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 Owner in full for those charges.

16. Ownership

The Equipment remains at all times the sole and exclusive property of Owner. The Renter has no rights or claims to the Equipment. Owner does not have or make any claim to images, video, or sound recordings made by the Renter while using the Equipment.

17. Severability and Governing Laws

This represents the entire agreement between Owner and Renter. 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 British Columbia.

18. Acceptance of Agreement

If you place an order through our website, over the phone or physically, you automatically agree to the Rental Agreement.