Equipment Rental Agreement
This Equipment Rental Agreement ("Agreement") is made effective upon order submission between Handheld Studio, LLC ("Lessor"), and the customer ("Lessee"). By submitting an order, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time, and any modifications shall become effective immediately as posted on this site. By signing or electronically signing the contract, or purchasing services, Lessee indicates acceptance of the modified terms and conditions.
Amendments. Any amendment, modification, or waiver of any provision of this Agreement must be in writing and signed by both Parties.
Purpose of the Equipment Lease Agreement
Lessee wishes to hire Lessor to provide services as detailed in this Equipment Lease Agreement. Lessor has agreed to provide such services according to the terms of this Equipment Lease Agreement. Any physical pieces of product Lessor is providing for Lessee will be referred to as "Equipment."
1. EQUIPMENT AND LEASE
1.1 Lease
Lessor agrees to rent to Lessee camcorder equipment ("Equipment") as specified in the order confirmation. Lessor reserves the right to refuse or decline leasing Equipment to potential lessee at Lessor’s sole discretion.
1.2 Equipment Condition
Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed. However, Lessor warrants that the Equipment will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify Lessor pursuant to the "Non-Working Equipment" Section of this Equipment Lease Agreement.
1.3 Non-Working Equipment
Lessee agrees to inspect the Equipment immediately upon receipt and notify Lessor of any pre-existing damage within 24 hours. Failure to report damage within this time frame constitutes acceptance of the Equipment as received. Upon return, Lessor will inspect the Equipment and notify Lessee of any damage within 7 business days.
1.4 Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. Lessee reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order.
2. RENTAL PERIOD AND SHIPPING
2.1 Term
The rental period begins on the Camcorder Arrival Date (chosen by Lessee) and ends on the Camcorder Return Date specified in the order confirmation. The Camcorder Return Date is one week after the Camcorder Arrival Date.
2.2 Delivery of Equipment
Lessor will ensure the equipment is delivered to Lessee by or on the chosen Camcorder Arrival Date, unless otherwise agreed upon with Lessee, or if there is a delay in shipment outside of the Lessor's control.
2.3 Shipping
Lessor does not ship on federal holidays. Lessor cannot guarantee the arrival date of the order as that is outside the control of Lessor. Any shipping or transit time estimates provided by Lessor are estimates only. Lessee is encouraged to order in a timely fashion to avoid delays caused by product unavailability or shipping. Lessee agrees to obtain and retain the shipping receipt for all return shipping until Lessor notifies Lessee of Lessor’s receipt of such returned product.
2.4 Return
Lessee must return the Equipment using the provided pre-paid UPS shipping label by the Camcoder Return Date (typically 7 days after the Camcorder Arrival Date). Returns on holidays or Sundays may be made the next business day. The Equipment must be return-shipped to The Lessor by the Camcorder Return Date with the courier via the parcel carrier used by Lessor, unless prior arrangements were made between Lessee and Lessor. Should Lessee return the Equipment using a shipping label not provided by Lessor, and the Equipment is not returned-shipped by or before the expected Camcorder Return Date, Lessor reserves the right to charge the Lessee additional fees for the extra time the Equipment was in transit or late. Lessee hereby gives Lessor permission to contact Lessee via the US mail, email, telephone, or text message regarding information on or status of the rental.
2.5 Late Returns
Late returns will incur a fee of $35 per day. If Equipment is not return-shipped within 5 days past the Camcorder Return Date, Lessee will be charged the full replacement cost.
3. PAYMENT AND FEES
3.1 Rental Fee
The full rental fee must be paid at the time of booking.
3.2 Cancellation Policy
Cancellations by Lessee more than 30 days before the Camcorder Arrival Date: Full refund
Cancellations by Lessee within 30 days of the Camcorder Arrival Date: Non-refundable
Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs. In this occurrence, Lessee will receive a full refund
3.3 Damage and Loss
Lessee shall keep the Equipment in good repair and condition. Lessee shall not materially modify or alter the Equipment. Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease. Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease. Lessor reserves the right to charge Lessee for the cost of any repairs that are necessary due to Lessee’s negligence, misuse, abuse, or intentional acts. Lessor is not responsible for providing a replacement while the original Equipment is being repaired.
Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease. In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default and will be sent to Lessor’s collections agency.
If the tracking information for the return shipping label provided by Lessor does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment is considered unreturned. If Lessee used an alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned. 2. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment. 3. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default and will be sent to Lessor’s collections agency
4. LESSEE RESPONSIBILITIES
4.1 Care and Use
Lessee agrees to:
Use the Equipment in a careful and proper manner
Return the Equipment in the same condition as received
Not attempt to repair or modify the Equipment
Follow all provided operating instructions
4.2 Prohibited Actions
Lessee shall not:
Sublet or loan the Equipment to others
Remove or cover any serial numbers or identification on the Equipment
Use the Equipment for any unlawful purpose
5. LESSOR RESPONSIBILITIES
5.1 Equipment Condition
Lessor warrants that the Equipment will be:
In good working order upon delivery
Clean and sanitized
Fully tested before shipping
5.2 Support
Lessor will provide:
Operating instructions
Customer support during business hours
Replacement shipping label if needed
6. LIMITATIONS OF LIABILITY
6.1 Equipment Failure
Lessor is not responsible for:
Event disruption due to Equipment failure
Lost footage or recording opportunities, or quality of recordings
Indirect or consequential damages
6.2 Data and Privacy
Lessor will:
Handle all footage with appropriate privacy measures
Not share or use footage without Lessee permission
Delete raw footage after delivery of edited materials after 6 months from Camcorder Arrival Date
6.3 Ownership
The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
6.4 Indemnification and Liability
Lessee shall indemnify, defend, and hold harmless Lessor and its officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with Lessee’s use, possession, transportation, or return of the Equipment, except to the extent caused by the gross negligence or willful misconduct of Lessor. Lessor shall not be liable to Lessee for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with this Lease or the use, possession, transportation, or return of the Equipment, even if Lessor has been advised of the possibility of such damages.
6.5 Relationship of the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the Parties. The Parties are independent contractors, and neither Party shall have the authority to bind the other or to incur any obligation on its behalf.
6.6 Risk of Use. Lessee acknowledges that the use of the Equipment involves inherent risks. Lessee assumes all responsibility for any injuries, damages, or losses arising from the use, operation, or transportation of the Equipment.
6.7 Waiver of Claims. Lessee agrees to waive any claims against Lessor for delays, shipment errors, or failure to meet the expected arrival date due to circumstances beyond Lessor's control.
6.8 Force Majeure. Lessor shall not be liable for failure to fulfill its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, or governmental actions.
7. ARTISTIC RELEASE
7.1 Style. Lessee has spent a satisfactory amount of time reviewing Lessor’s work and has a reasonable expectation that Lessor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
7. GOVERNING LAW
This Lease shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or in connection with this Lease shall be brought exclusively in the federal or state courts located in the State of California, and Lessee hereby consents to the personal jurisdiction and venue of such courts.
Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles, California.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and agreements. This Agreement may only be modified in writing signed by both parties.
By submitting an order, Lessee acknowledges reading, understanding, and agreeing to all terms and conditions in this Agreement.
