Rental Agreement

Terms & Conditions

  1. These terms and conditions are an integral part of this rental contract. As used herein,"Equipment" means all of the equipment listed in this rental contract; and "Renter" means the party listed next to "Bill To" on the reservation Provided.
  2. Renter acknowledges that it has inspected and tested the Equipment at the time of rental and that all Equipment is in good and working order and acceptable to Renter. Furthermore, Renter shall re-inspect and test all Equipment prior to each use thereof and shall view its footage daily.
  3. IN NO EVENT SHALL Heindl Cinema BE RESPONSIBLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (E.G., LOST PROFITS OR DELAYS CLAIMS) ARISING OUT OF RENTER'S USE OF EQUIPMENT. Renter shall notify Heindl Cinema immediately in writing if the Equipment is not functioning and/or damaged. Heindl Cinema shall have the option of substituting other like Equipment in exchange for the nonfunctioning or damaged Equipment. The rental charges for all Equipment so returned to Heindl Cinema shall be abated from the time of acceptance and return. Likewise, rental charges shall accrue and be owed for any replacement Equipment from the date of replacement.
  4. Renter shall only allow the Equipment to be used by duly qualified and/or licensed technicians in strict accordance with its contemplated use. Renter shall not permit the Equipment to be used in violation of any laws.
  5. Renter assumes all risk of loss whether or not covered by Renter's insurance once Renter has taken actual or constructive possession of the Equipment (i.e., it has picked up the Equipment or the Equipment is in transit to it) its responsibility includes, but is not limited to, risks while in transit, at all locations named and unnamed, at all studios, while on own premises, or in storage.
  6. Renter is responsible for all property (including but not limited to camera(s), lighting, audio & accessories) stored and/or transported by Heindl Cinema for Renter's ultimate use. Heindl Cinema shall be acting as the agent of Renter in storing and/or transporting Equipment and property that belongs to third party(ies).
  7. Renter must obtain and maintain in full force the following insurance covering all Equipment during the entire rental period. Property/Equipment/Inland marine Insurance on a replacement cost basis naming Heindl Cinema as 'Loss Payee'. Liability Insurance naming Heindl Cinema as an 'Additional Insured' with minimum limits of $1,000,000 (Unless Otherwise approved) per occurrence.
  8. Renter shall not remove the Equipment to any foreign country without Heindl Cinema's prior written consent. If such consent is given, Renter must obtain at its own expense all proper and necessary worldwide insurance coverage in addition to the insurance requirements specified above.
  9. Renter specifically acknowledges Heindl Cinema's superior title and ownership of the Equipment. Renter shall keep the Equipment free of all liens, levies and encumbrances and may not assign or pledge the Equipment. Renter shall not under-lease or loan any Equipment to any person, firm, or corporation unless (i) the person or entity agrees in writing to be bound by this rental contract; and (ii) the insurance provided remains in full force and effect. In such event, the Renter is not released from any of Renter's obligations hereunder.
  10. Renter must have the entire Equipment order returned to Heindl Cinema by 10:00 am on the due date unless written approval is obtained from the Heindl Cinema rental department. Equipment arriving after 10:00 am and before 4:00 pm will be subject to an automatic 1/2 day charge. Equipment arriving after 4:00 pm will be subject to an automatic one-day charge. Partially returned packages will be considered to be still out and subject to the aforementioned late charge schedule until the entire order is Returned.
  11. Heindl Cinema's acceptance of the Equipment upon its return does not release Renter from any liability and is not a waiver of any claims for latent or patent damage that Heindl Cinema may have against Renter. Heindl Cinema shall have one week to inspect returned Equipment for any damages, wear and tear and/or excessive cleaning required or missing items. Heindl Cinema will notify Renter of any issues via mail or email within one week after the Equipment is returned.
  12. Renter must clear all images, content or data from the Equipment prior to returning it. If Renter fails to do so, Heindl Cinema is authorized to do so, without prior notice to Renter. Renter is solely responsible for storing and safeguarding its images, content and data prior to returning the Equipment.
  13. If any Equipment is lost, stolen, broken or damaged, whether or not Renter is at fault, Renter shall immediately pay monetary damages sufficient for Heindl Cinema to replace and/or repair the Equipment at the fair market value as of the date of loss, except to the extent the loss was caused by Heindl Cinema's negligence or willful misconduct.
  14. Renter shall pay all costs incurred by Heindl Cinema in enforcing its rights hereunder, including reasonable outside attorney's fees.
  15. Renter shall indemnify, defend and hold harmless Heindl Cinema and all its employees, members and agents against any and all claims, actions, damages, liabilities and expenses (including reasonable attorney's fees) arising from the use, condition (including, without limitation, latent and other defects) or operation of the Equipment by anyone during the rental period. This indemnification shall survive the term of this rental Contract.
  16. This rental contract shall be construed in accordance with and governed by the internal laws of the State of California.
  17. This signed rental contract, including the terms and conditions, constitute the entire agreement between Heindl Cinema and the Renter. Any changes must be made in writing and signed by both parties. The person signing on behalf of Renter represents and warrants that he is authorized to do so.
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