This is an EQUIPMENT RENTAL AGREEMENT entered into by and between (“Customer”) and Fareye Film Productions (“Fareye Films”)
1. Term of Agreement: The parties do herein bind themselves to the terms of this Agreement in regard to all equipment rented by Customer from Fareye Film Productions from the date of this Agreement until terminated, modified or replaced.
2. Equipment Return:
A. Equipment must be returned on the date specified in the Schedule or be subject to additional charges. The last rental day shall be the day specified in the Schedule as the return date or up till 10:00 am the following day. A full day’s rental will be charged for each additional day any equipment is not returned by the agreed time day and time. The Failure To Return Equipment On Time Can Impact The Working Schedules Of Other Professionals
B. Acceptance by Fareye Film Productions of the return of rented equipment does not waive any claims that the company may have against the Customer for patent, latent or hidden damage to the equipment. Fareye Films shall have a reasonable period of time after return of said equipment to discover said damages.
3. Price: Unless otherwise agreed to in writing by an authorized agent of Fareye Film Productions, the price listed in the Fareye Film Productions Equipment Rental Catalog in effect at the time Customer receives rental equipment shall control.
4. Payment terms: Rental invoices are payable upon receipt of equipment unless otherwise agreed. Payments due for 30 days or more shall be considered past due and can attract a late payment fee. International Clients – a deposit of 50% of the rental total must be paid in order to receive the equipment and final payment is due on day 3 of filming. If the production lasts less than three days, payment should be made in full at the beginning of the rental schedule. In the case of wire transfers, proof of payment must be provided before/by end of the rental schedule.
5. Warranty of Authority: Customer hereby warrants that any person which it directs or allows to receive equipment from Fareye Film Productions and who shall sign for acceptance of said equipment is authorized by Customer to do so. Customer herein waives any obligation on the part of Fareye Film Productions to confirm said person’s authority to act on behalf of Customer.
6. Maintenance of Equipment: The Customer 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 Customer agrees not to remove, cover, alter or deface any tags, serial numbers or nameplates on the equipment.
7. Lost and/or Damaged Equipment: In the event of any loss or damage to the rented equipment, the Customer agrees to pay the rental rate during the period of time Fareye Film Productions is deprived of the equipment and until such time as it is repaired and/or replaced (unless otherwise agreed). The Customer 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.
8. Inspection of Equipment: The Customer acknowledges that Customer’s agent (as defined in paragraph 4 above) by executing a Rental Checkout Sheet for particular equipment warrants on behalf of Customer that the equipment has been examined and tested by Customer and that the same is in good working order and condition. If while in the field equipment does not properly operate, the Customer must notify Fareye Films immediately. If it is determined that the problem was not caused by the Customer, Fareye Films will make a reasonable effort to promptly repair or replace the Equipment. If not notified, it will be deemed the equipment is in good working order and the client will be charged accordingly.
9. Clearing of Data: Customer is soley responsible for clearing any and all images (in any form) prior to the return of the Equipment to Fareye Films, and Customer authorizes Fareye Films to clear the Equipment of any and all images, content or data immediately upon return of the Equipment to Rental Company. It shall be the sole responsibility and obli- gation of Customer to arrange for the safeguarding and storage of Customer’s images, content or data prior to the return of the Equipment to Rental Company. The Customer must arrange with Fareye Films to otherwise keep video/audio cards/drives to process and or view their footage and back-up their content or data in a timely manner.
10. Technician/Operation: Customer shall only allow the Equipment to be used by qualified technicians. Such qualified or licensed technicians and personnel should know all the proper protocols to safeguard the public, data and Equipment, and should be competent with regard to the normal operation of the Equipment. manner
11. Indemnification and Hold Harmless: The customer agrees to assume full responsibility and liability for the safekeeping and return of all rented equipment accepted by Customer as shall be set forth in Fareye Films Rental Checkout Sheet. Customer agrees to indemnify and hold harmless Fareye Films and any other persons to which Fareye Films itself may be responsible to indemnify and hold harmless, from any and all liability, claims, damages, costs and expenses arising from Customer’s use, misuse and/or possession of the rented equipment.
12. Cancellation: The Fareye Films shall be entitled to compensation, not to exceed the rental payments, for any losses the Rental Company may sustain because of your cancellation of all or part of an order if not done with at least 24 hours notice.
13. Inspection/Repossession of Equipment: The Customer agrees to admit any employee or agent of Fareye Film Productions 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 Customer is in default of any term of this Agreement whatsoever.
14. Exclusive Possession/Non-Assignability of Lease: The Customer 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 Customer.
15. Cost of Shipment: When required, Fareye Films shall arrange for shipment of rental equipment to Customer and any and all shipment costs incurred by Fareye Films shall be a charge included against Customer’s account.
16. 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 Jamaica.
17. Non-Exclusivity: This is a nonexclusive Agreement, nothing herein contained shall obligate Customer to rent from Fareye Film Productions nor Fareye Film Productions to rent to customer during the life of this Agreement. However, in the event of rental transactions, this Agreement shall govern until it has been modified, terminated or replaced.
18. 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 Fareye Film Productions.
19. 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.
CUSTOMER DOES HEREIN WARRANT THAT ITS AUTHORIZED AGENT HAS READ THE TERMS OF THIS AGREEMENT, UNDERSTANDS THE SAME AND DOES SIGN IT ON BEHALF OF CUSTOMER AS CUSTOMER’S FREE ACT AND DEED.
THE BELOW SIGNOR FOR CUSTOMER DOES HEREIN WARRANT THAT HE/SHE IS DULY AUTHORIZED TO BIND CUSTOMER TO EACH AND EVERY TERM OF THIS AGREEMENT.