First Camera Terms & Conditions
EQUIPMENT LEASE AGREEMENT TERMS AND CONDITIONS
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Upon taking possession of the equipment, lessee acknowledges that he/she has received equipment as itemized and in good working condition. Lessee agrees to return equipment in the same condition in which it was received, allowing for normal wear from responsible use. First Camera offers all equipment for inspection and testing at its offices. If lessee fails to inspect or test equipment he/she waives the right to claim he/she did not receive equipment in good working condition. Lessee assumes all responsibility for leased equipment while out of First Camera’s possession, and will be liable for any loss, theft, damage or destruction of the equipment. Lessee agrees to have no repairs performed on leased equipment without First Camera’s consent, but lessee agrees to pay for repairs to damaged equipment. Where equipment is damaged beyond repair or is not returned for any reason, lessee agrees to pay the cost of replacement. Lessee agrees that the leased equipment is for his/her use only and is not to be subleased. Lessee further agrees to operate equipment only in accordance with prescribed instructions and standards of professional usage, and to allow only qualified personnel to operate equipment. Lessee agrees to report all losses, damages or malfunctions immediately to First Camera, which shall have the option of replacing of repairing the equipment or terminating the lease. Any waiver of lease charges is at the sole discretion of First Camera, and is contingent upon immediate notification by client and verification of malfunction by First Camera. Lessee agrees to pay for lease of equipment at the rate set forth in this agreement for the entire term of this lease. Time is of the essence and equipment shall be returned to the premises and control of First Camera on the return date set forth in this agreement. If equipment is not returned on the specified date, lessee shall pay the daily rate for every day until the equipment is returned. Said sum shall not be in lieu of any and all other rights and remedies whether in law or equity accruing to lessor as a result of lessee’s failure to return equipment on the return date. Lessee shall compensate First Camera for any losses, expenses or damages sustained as the result of failure to return equipment in good working condition when due or for any other breach of the terms and provisions of this agreement. Said compensation shall include, but not be limited to, payment for loss of rental revenue until equipment is returned to inventory in good working condition. Lessee agrees to pay all charges and full value insurance for shipping associated with the rental, replacement and repair of the equipment. Unless otherwise stated herein, payment for lease is due as follows: Fifty percent due prior to commencement of contract term; balance due thirty days from end if contract term or thirty days from date equipment is returned, whichever is earlier. If payment if any debit balance is not made within thirty days of due date, a late charge of 1 1/2 percent per month will thereafter be imposed on the outstanding balance. Lessee agrees to pay that charge promptly upon receipt of First Camera’s bill. If any payment required hereby is not made when due , and should First Camera incur any expenses in collecting any amount due or in otherwise enforcing its rights hereunder, including but not limited to attorneys or collector’s fees, lessee shall reimburse First Camera therefore to the fullest extent permitted by law. Lessee agrees to provide First Camera with an insurance certificate upon request for the full value of leased equipment, including all categories of insurance specified by First Camera.
All equipment is used at lessee’s risk. First Camera shall not be liable to lessee for any direct or indirect losses, damages, costs, expenses or liabilities which arise from lessees’s lease, possession, use or return of equipment, including but not limited to consequential damages. First Camera makes no warranties express or implied as to the condition merchantability fitness for particular purpose, or any other matter concerning the equipment. Lessee agrees to hold First Camera harmless and indemnify First Camera from and against any claims, liabilities, losses, demands, actions, proceedings, damages costs and expenses, including attorneys fees and costs of defense arising from or connected in any way with lessee’s lease, use, possession, or return of the leased equipment, whether based in tort, contract or any theory whatsoever. Lessee shall have the right to retain possession of the equipment leased herein, only as long as lessee is not in default under this agreement. If lessee fails to pay any rent punctually when due, or if any execution of other writ or process is issued in any action or proceeding against lessee, whereby the equipment may be seized or taken or detained, or if a proceeding in bankruptcy, receivership, or insolvency is instituted by or against lessee or the property of lessee, or if lessee enters into any arrangement or composition with its creditors, or if lessee fails or observe any term, covenant, or condition of this lease, a default shall exist hereunder. On default First Camera shall have the right to retake immediate possession of the equipment leases herein, and for such purpose lessor may enter on any premises where the equipment may be kept and may, with or without notice of intention to do so, retake the equipment without incurring any liability whatsoever. On lessor’s retaking of leased equipment this lease will immediately terminate without prejudice to any right or claim for unpaid rent, or on account of any other default or default’s hereunder. Lessee agrees to compensate First Camera for cancellation of equipment lease as follows: If canceled with more than sixty hours notice prior to commencement of contract term: no charge.24 to 48 hours notice:50% rate. Less than 24 hours notice:100% rate First Camera has the right to deem cancellation of one or more items to be a cancellation of the entire equipment package.
This agreement shall be governed by and construed under the
laws of the State of California. There are no other agreements or understandings of any nature whatsoever, oral or written, between lessor and lessee regarding the subject matter of this agreement. Neither this agreement nor any provision hereof may be modified, waived, terminated or rescinded except by an instrument in writing signed by the party charged with the modification, waiver, termination or revision. This agreement shall inure to the benefit of an be binding on the parties hereto and their personal representatives. If two or more lessees sign this agreement, lessees’ liability shall be joint and several. No failure or delay by lessor to exercise any right, power, or remedy pursuant to lessee’s breach or default shall be construed as a waiver of any such breach or default. No waiver of any single breach of default shall be construed as a waiver of any other breach or default. All remedies to lessor under this lease and by law shall be cumulative and not alternative. If any provision of this agreement is declared invalid, it shall be considered deleted from this agreement and shall not invalidate the remaining provisions hereof.
(1) If payment is not received within 30 days of the billing date for this job, all discounts, as described in the attached quote, are null and void, and “Full Day Non Discounted Rates” apply . Also a 2% Per Month Service Charge on all outstanding accounts over 30 days will be accessed.
(2) The client is responsible for all production expenses incurred, such as: overtime, delivery charges, parking, bridge tolls, parking tickets, hotel rooms, per diem, and all crew related expenses.
(3) Full Day Equipment Rentals are for 24 hours beginning and ending at twelve midnight. The equipment must be available for rental to other First Camera clients on any days the client is not paying Full rental price. The client is responsible for pick up and return of all equipment rentals to and from First Camera. If First Camera delivers or picks up any equipment, the client is responsible for all costs incurred.
(4) Half Day Equipment Rentals are for five hours maximum, from the time of pick-up until the gear is returned. The “Half Day Rate” is based on 70% of the original “Full Day Rate.” If the Client does not return the equipment within the five hour window, they will be charged 20% of the “Half Day Rate” per hour for each hour over the five hours, calculated in 15 minute increments. Client must agree to all “Half Day Rate” guidelines or “Full Day Rates” apply.
(5) All “Full Day Crew Rates” are based on a 10 hour day minimum starting when the crew leaves First Camera and ending when they return.
First Camera is responsible for all load in and load out time. After ten hours the client will be charged the “Overtime Rate” for all crew members. The “Overtime Rate” is time and a half, (1.5X “Hourly Rate”), calculated in 30 minute increments and rounded up to the nearest half hour. The crew is entitled to a half hour lunch break, and this half hour is part of the ten hour “Full Day”. If the crew does not receive a lunch break the client will be charged one hour at the “Overtime Rate”, (1.5X “Hourly Rate”), over and above the ten hour base charges. A crew on standby does not constitute a lunch break.
(6) All “Half Day Crew Rates” are based on a five hour day minimum, determined from the time the crew leaves First Camera until they return. The “Half Day Rate” is 70% of the “Full Day (ten hour) Rate”. If the crew returns to First Camera after the five hour window, the client will be charged the standard “Full Day Overtime Rate”, (see #7), calculated in thirty minute increments.
(7) A “Certificate of Insurance” is requested of all parties renting First Camera equipment. In the event an insurance certificate cannot be supplied, First Camera will provide insurance coverage at 10% of the total rental cost. If First Camera provides insurance coverage, the client is responsible for any and all deductibles and all expenses incurred while the equipment is in the possession of the client or their agents. If the crew operating the rented equipment is supplied by First Camera proof of insurance is not required.
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