Prior to shipment, delivery or pick-up of "Equipment" (including, but not limited to camera equipment, lighting equipment, motor vehicles, mobile equipment, and production supplies), "Lessee" (Customer) acknowledges and agrees to the terms and conditions of the "Lessor" (B.B. Mobile Productions) as set forth below:
ENTIRE AGREEMENT – This "Agreement" consists of all terms and conditions on this page whether typed or written, and contains all agreements of the parties. This is an agreement of rental only and all Equipment is property of the Lessor. Lessee is not Lessor's agent for any purpose except for the purchase of necessary parts and service if authorized, in advance, by Lessor while Equipment is on rental. No other agreement in any way modifying any of said terms and conditions will be binding upon Lessor unless made in writing and signed by Lessor.
AUTHORIZATION - Lessee hereby acknowledges receipt of a copy of this contract and hereby represents Lessee's specific capacity and/or authority to enter into agreement. Lessee further acknowledges that it has examined the Equipment and it is in good working condition. Lessee is responsible for any damage caused to Equipment, property or person(s), during inspection. Lessor, in turn, makes no guarantees, warranties or representations, expressed or implied, as to the condition, performance, operation or usability, etc. of said Equipment, and Lessor cannot be held responsible for Lessee's failure to operate the Equipment properly. Lessee assumes the entire responsibility that the Equipment selected is that which it needs for Lessee's intended use and purposes.
TERM / PAYMENT - The term of this Agreement, unless otherwise specified, is from day to day. If Lessee fails to return the Equipment by the agreed upon return date and at the location previously specified, Lessee is liable for the daily rental cost of the Equipment until it is returned and accepted in good order by Lessor. Delays by third parties, including shippers, do not mitigate any additional rents or late charges due. Lessee agrees to pay rent according to the terms established in advance by Lessor. If Equipment is not returned to Lessor by 10:00 am on the return day, Lessee will be billed in full for the return day. Lessee shall receive no allowance on rental fees for any Equipment not used by Lessee. A late fee of 1.5% per month will be applied to all past due accounts. All charges made to credit and/or charge cards shall be final. Lessee and/or credit/charge cardholder waive all rights to dispute charges with card company and agree to resolve disputes as if the charges were made as cash payments. Any legal action brought by card companies against Lessor shall have no effect on claims for payment by Lessor for disputed charges. Lessee agrees not to dispute charges with card company. Rental invoices and loss/damage invoices are due as billed immediately upon receipt and not later than net 30 days. Invoices for purchases are due at time of purchase. All purchases are non-returnable, no refunds or exchanges will be provided.
USE OF EQUIPMENT – Lessee agrees that only duly qualified agents of the Lessee shall operate the Equipment, and Equipment will be used only in strict compliance with standard operating procedures. Lessee shall comply with the laws, ordinances and regulations in any way relating to the use, operation and maintenance of the Equipment. Lessee shall keep the Equipment in its sole custody and control at all times. Lessee shall continually check Equipment and the product produced by it. If at any time during this rental period a defect or non-function becomes apparent, Lessee will contact the Lessor immediately for instruction as to the further use of the Equipment. Any further use thereof contrary to the Lessor will be at Lessee's own risk and Lessee will be responsible for all injury and damages that my result therefrom. If Lessor determines the Equipment needs to be exchanged, the Lessee (at Lessee's expense) will ship or deliver Equipment to Lessor for comparable exchange. In no event shall Lessor be responsible for any claims for any alleged loss of profits, damages, delays or expenses claimed to have arisen out of Lessee's use of the Equipment. Lessee shall not make any alterations, additions or improvements to the Equipment without prior written consent of the Lessor. Lessee shall not remove or deface identification labels or barcodes on any Equipment.
a. GENERAL - Lessee hereby agrees to insure Equipment with an insurance carrier for the full value thereof; and shall name Lessor as an additional insured and loss payee and shall provide Lessor with a Certificate of Insurance prior to and concurrent with rental of the Equipment. The insurance shall cover loss or damage sustained in the Continental United States or abroad, in transit or otherwise. Lessee shall also be liable for any loss or damage sustained by Lessor including but not limited to the daily rental value of the Equipment from the pick-up date until return, repair, and/or replacement regardless of the Lessee's insurance coverage, deductibles or limits.
b. LIABILITY – Lessee shall name B.B. Mobile Productions, Inc. as an additional insured on Lessee's liability insurance and the liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit. Liability insurance shall meet the following minimums:
Other coverage(s) may be required.
c. PROPERTY – Insurance should be on a worldwide basis, shall name B.B. Mobile Productions, Inc. as Loss Payee for loss or damage to the property rented, and shall cover "All Risks" of loss or damage for equipment. Vehicles physical damage coverage shall include the perils of "Comprehensive" and "Collision." All policies shall provide for 10 days written notice to Lessor before any policy shall be modified or cancelled. Limits shall be sufficient to encompass all property at risk, regardless of source, but in no event less than $350,000.
THE VALID AND COLLECTIBLE LIABILITY INSURANCE AND PERSONAL INJURY PROTECTION (PIP) INSURANCE OF ANY AUTHORIZED RENTAL OR LEASING DRIVER IS PRIMARY FOR THE LIMITS OF LIABILITY AND PIP COVERAGE REQUIRED BY SS.324.021(7) AND 627.736, FLORIDA STATUTES, COVERAGE FOR THE LESSEE, FOR THE AUTHORIZED RENTAL OR LEASING DRIVER,OR FOR ANY OTHER PERSON OPERATING THE MOTOR VEHICLE WITH THE PERMISSION OR CONSENT OF THE LESSEE OR THE RENTAL OR LEASING DRIVER SHALL BE PRIMARY. SUCH INSURANCE SHALL ALSO BE PRIMARY FOR ALL OTHER COVERAGES REQUIRED TO BE PROVIDED UNDER THIS PARAGRAPH (INSURANCE).
RISK OF LOSS – In addition to the insurance, Lessee shall be responsible for any loss or damage to the equipment from any cause whatsoever occurring after delivery to Lessee and Lessee's acceptance of the Equipment and before Equipment is returned to Lessor. Lessee shall be responsible and shall pay Lessor the repair or replacement cost for the repair or replacement of any Equipment damaged, lost, stolen, missing, broken, or otherwise. Accrued rental charges do not apply against purchase price.
LESSEE'S PROPERTY – Lessee is responsible for all equipment (including but not limited to cameras, props, sets, vehicles, etc) which is picked up or stored by the Lessor for Lessee's ultimate use. The Lessor shall be acting as Lessee's agent in storing any such property that belongs to third parties. All risks of physical loss to property, which is transported or stored by the Lessor for Lessee's benefit, shall remain Lessee's responsibility and Lessor will not be held accountable for damages.
SURRENDER / TERMINATION – Upon the expiration or earlier termination of this lease, Lessee shall return the Equipment and all accessories to the Lessor in same condition as at the delivery to Lessee, normal wear and tear accepted. This includes, for vehicles, returning with a full tank of fuel. Lessor's acceptance of the Equipment is neither a waiver by it of any claims it may have against Lessee nor a waiver of claims for latent or patent damage to the Equipment. Lessee does hereby grant Lessor an option to terminate this Agreement on twenty-four hours written notice by Certified Mail or courier.
DISCLAIMER OF WARRANTY – Lessor makes no warranty, express or implied, regarding the Equipment, including without limitation any guarantee of merchantability or fitness for a particular purpose. Lessor hereby serves notice to Lessee that digital equipment such as under this Agreement has been known to malfunction, lose memory, and/or change settings without warning. Lessor shall not be held liable for any such malfunction. Lessor shall have no responsibility for frame rates or time code protocols.
ASSIGNMENT – This Agreement and/or Equipment may not be assigned, transferred, pledged, hypothecated, sublet, or lent by Lessee to anyone without prior written consent of Lessor.
DEFAULT – In the event Lessee shall fail to make any of the rental payments when due, or fails to perform any other covenant or condition hereof to be performed by the Lessee or any of the events in the following paragraph occur, Lessor may, in addition to all other remedies provided by law, exercise any one or more of the following, with or without demand, notice or legal process.
BANKRUPTCY – Neither this Agreement nor the Equipment is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or makes any assignment for the benefit of his creditors or if a writ of attachment or execution is levied on any item or items of the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of any item or items of the Equipment. Lessor shall have and may exercise any one or more of the remedies set forth is the following paragraph hereof. This Agreement shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option and Lessor shall recover from Lessee any and all costs or damages associated with recovery of Equipment.
RENTOR'S EXPENSES – Lessee shall pay Lessor all costs and expenses, including but not limited to attorney's fees, incurred by the Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions hereof.
INDEMNITY - Lessee agrees to indemnify and save Lessor, its agents, assigns and employees, harmless from any and all claims, suits, liability, expense, damage, causes of action or judgments, including attorney's fees resulting from injury or death sustained by any person(s), including, but not limited to, Lessee, subcontractors and agents, or damage to property of any kind, including, but not limited to, the Equipment, which injury, death or damage arises out of or is in any way connected with the use, operation or possession of the Equipment by anyone during the term of the Agreement and until the Equipment is returned to Lessor, including, but not limited to, the failure to repair, maintain or operate the Equipment as required herein. This indemnity is meant to and does include any such injury, death or damage arising from any cause whatsoever, including, but not limited to, any alleged defect in the manufacture and design of the Equipment, and any acts or omissions, willful misconduct or negligent conduct of Lessor, whether active or passive.
SEVERABILITY – The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
PARTIES BOUND – This Agreement shall be binding and inure to benefit of the heirs, executors, administrators and assignees of the parties hereto.
GOVERNING LAW – This contract shall be governed by the applicable laws of the State of Florida; and the Lessee shall agree that any proceedings which it may institute shall be brought in the County of Orange, State of Florida.