Rental contract for photography equipment.
Agreement between Hagen Pflueger (herein “Hagen Pflueger”) and the renter (herein “Renter”)
• The Renter has inspected all equipment from Hagen Pflueger and determined it to be compatible and in good mechanical and physical condition. If the Renter does not inspect the equipment, the Renter waives inspection rights and accepts all equipment as prepared by Hagen Pflueger with no dispute. The Renter has 12 hours to notify Hagen Pflueger of any issue with the equipment otherwise it will be deemed to be in good working condition and without defect. Hagen Pflueger will not acknowledge, refund or compensate any issues reported upon completion of production or return of equipment.
• The Renter agrees to return all equipment in equally good mechanical, physical and cosmetic condition. A full day rental will be charged as a cleaning fee except in cases where the equipment must be cleaned by a 3rd party, in which case all costs will be covered by the renter including transportation and rental charges until the equipment is returned to Hagen Pflueger.
• The Renter acknowledges that it has not relied on Hagen Pflueger for selecting the equipment and has used their own judgment in choosing it and operating it. The Renter is solely responsible for installation, set up, testing and operation of all Equipment and the final results and shall not find fault with Hagen Pflueger for issues with use or the content produced.
• The renter accepts that they are solely responsible for learning to use the equipment rented and that Hagen Pflueger is in no way responsible for preparation, providing manuals, instruction or education in the use of the gear or in video and audio production skills.
• The Renter acknowledges that the rented equipment remains the property of Hagen Pflueger and agrees to keep it in their possession and keep it free of all claims at all times. Hagen Pflueger retains the right to end the rental at any point and take possession of the equipment if it is not returned on request, without remuneration or damages.
• The renter agrees to pay the rental fee for the entire period the equipment is away from Hagen Pflueger and return it before the end of the rental period. The Renter will pay a full day rate per day that the equipment is not returned with a minimum charge of an additional full day.
• All cancellations will be made 48 hours in advance of the beginning of the rental period. Cancellations within 48 hours of the rental period are subject to the greater of a 1 day rental charge or 50% of the total rental rate.
• Acceptance of the returned equipment by Hagen Pflueger does not constitute closure of the rental contract nor a waiver of a claim against the Renter. All equipment is subject to inspection by Hagen Pflueger during a reasonable period before the contract may be deemed closed.
• The renter may not extend the rental period without direct permission from Hagen Pflueger.
• The rental cost is based on the time that the equipment leaves the premises of Hagen Pflueger, not by time used or in possession of the Renter. End of the rental term by the Renter is determined at the point that all items on the contract are returned in full working condition, free from damage or defect and are verified by Hagen Pflueger, not by date or physical return to Hagen Pflueger. No refunds shall be given for rentals returned before the scheduled end of the rental period.
• The renter agrees to pay Hagen Pflueger for any charges incurred to recover equipment or outstanding debts, including but not limited to court costs and legal fees.
• The renter agrees to authorize Hagen Pflueger to charge their credit card for any additional costs, including but not limited to equipment repair, late charges or replacement costs.
• The Renter agrees that they will assume all risks and liabilities for the rented equipment, such as but not limited to loss, theft, disappearance, dust, physical, water or electrical damage. The Renter agrees to protect the equipment from all elements, including but not limited to heat, cold, rain, water or dust. In the event that the equipment is returned with any failures, issues or damages, cosmetic or otherwise, the Renter agrees to pay for any repairs, cleaning, losses or replacements, cosmetic or otherwise, to or of the rented equipment, as well as listed rental rate per day during repair or replacement, as well as any shipping or transport fees.
• In the event that any part of the rented equipment is not returned, regardless of cause, the renter will within 48 hours of the end of the rental period, pay the equivalent to the Manufacturer’s Suggested Retail Price of the missing equipment to Hagen Pflueger, all shipping costs as well as the rental cost of the greater of 7 days or actual time to replace the equipment.
• The Renter shall for the duration of the rental contract, insure the gear against all forms of loss, such as, but not limited to theft, fire, flood, accidental damage, liability due to failure or misuse of equipment and pay any deductible required. The Renter shall not use or leave unattended the equipment in any way that would cause cancellation or impairment of the insurance policy.
• The Renter will use the equipment at their own risk. In no case will Hagen Pflueger be held liable for any loss, damages, liability, failure of media, stoppage of work, issues or incompatibility of equipment through the rented gear, nor will Hagen Pflueger be held liable for any damage to the Renter’s equipment based on but not limited to incompatibility.
• The limit of any damages held against Hagen Pflueger shall be limited to the value of all monies paid by the Renter to Hagen Pflueger. The Renter shall indemnify Hagen Pflueger against any and all claims, losses, expenses, damages or costs including legal fees related to the rental.
• All rentals require payment in full by the Renter before equipment pick up. In the case of a credit account the Renter will pay the amount due within 30 days. Interest will be charged at a rate of 2% monthly.
• In the case of transportation, shipping or delivery of the equipment, the Renter agrees to accept all risks, costs, insurance and liability for the equipment during transport regardless of which party has arranged or is carrying the equipment. Transport time counts as rental time during the rental period and the Renter agrees to pay for all days the equipment is away.
• The renter agrees to not use the equipment outside of the city area without prior consent by Hagen Pflueger and accepts all risks for equipment that fails or malfunctions outside the city area including by not limited to replacement costs, additional rental costs, time lost and transportation or courier costs in case of but not limited to exchange or replacement.
• All rights are cumulative and may be exercised in any order.
• This document shall be the entire agreement between both parties, with any supplemental rental conditions being set forth only by Hagen Pflueger.
• All disputes shall be governed and settled by the laws of British Columbia.