CONTINUING RENTAL AGREEMENT: Lessor and Lessee agree that these terms and conditions shall apply to any rental of Property by Lessee from Lessor occurring on or after the effective date of the Rental Agreement even though the specific Property (as that term is defined below), rental duration and/or rental price may still not yet be determined. The parties acknowledge and agree that these terms and conditions shall govern the rights and obligations of the parties and shall continue to apply to all future rental transactions between them, without the necessity of either party executing a new Rental Agreement.
DESCRIPTION OF PROPERTY: The equipment subject to this Agreement (hereinafter referred to as the “Property”) shall be the specific items of Property listed on the Equipment Schedule or Property Rental Receipt prepared by Lessor and given to Lessee at the time of delivery of the Property to Lessee or to a third party at the direction of Lessee. Such Equipment Schedule and or Property Rental Receipt shall be deemed a part of the Rental Agreement, as if fully incorporated therein. It shall be Lessee’s sole responsibility to determine that the Property delivered is in accordance with the Equipment Schedule or Property Rental Receipt and to notify Lessor immediately of any discrepancy therein. Lessor shall not be responsible for any discrepancies not brought to Lessor’s attention at the time of delivery.
DELIVERY and RETURN: For purposes of this Agreement, Lessee shall be deemed to have taken “Delivery” of the Property at the time the Property is delivered to Lessee or at the time the Lessee picks up the Property from Lessor. Lessee shall be deemed to have “Returned” the Property only at such time as Lessee shall have returned the Property to Lessor’s Equipment Department during Lessor’s regular business hours and after Lessor shall have accepted same. “Acceptance” by Lessor shall mean that Lessor has unpacked the Property from its shipping container, examined it for damages and individually bar code scanned the Property into Lessor’s computerized system as “returned”. Acceptance of the returned Property is not a waiver by the Lessor of any claims Lessor may have against Lessee, nor a waiver of claims for latent or after discovered damage to the Property.
USE OF PROPERTY: Lessee shall operate and use the Property in accordance with the manufacturer’s instructions and recommended use and shall neither abuse or misuse the Property nor use or store the Property in any manner or at any location which will subject it to abnormal or hazardous conditions or risk. Lessee will take all necessary precautions during the shipment, use and storage of the Property to protect the Property and all persons using the Property from injury or damage. The Property shall be used only by qualified employees or agents of Lessee. Lessee shall not make any alterations, changes, modifications or improvements to the Property without the prior written consent of Lessor, and Lessee shall not deface, remove or cover any name plate on the Property showing Lessor’s name or identification information or that of the manufacturer. All Property shall be used in accordance with applicable federal, state and local laws and ordinances.
INSPECTION/WARRANTY: If the Property is being delivered, then Lessee shall inspect the Property immediately upon delivery and shall notify Lessor at that time if Lessee determines that the Property is not in good working condition. If the Property is being picked up by the Lessee, then Lessee shall inspect the Property at the time of pick up and shall notify Lessor at that time if Lessee determines that the Property is not in good working condition. After such delivery and inspection, or after such pick up and inspection, as the case may be, Lessee acknowledges that the Property is rented without any express or implied warranty or guaranty of any kind.
RISK OF LOSS/REPAIR/REPLACEMENT COST: From the Delivery of the Property to Lessee until it is Returned to Lessor, as those terms are defined herein, including during any time of transit or shipment of the Property, Lessee shall bear any and all risk of loss and/or damage to the Property regardless of whether such loss or damage may have been caused by Lessee, Lessee’s agent, Lessee’s sub-lessee, shipper or any third party unrelated to Lessee. If the Property is damaged, such liability shall include Lessor’s actual costs of repair and the payment of all continuing rental charges until the repaired Property can be restored to rental use by Lessor. If the Property cannot be timely repaired, then Lessee shall be liable for Lessor’s full actual replacement cost for the Property as well as the payment of all continuing rental charges until the Property is replaced and restored to rental use by Lessor. The decision as to whether the damaged Property shall be replaced or repaired shall be solely Lessor’s and shall be conclusive and binding on Lessee. If the Property is lost, stolen or seized (by a third party or government agency) while in possession of Lessee or any other agency or sub-lessee of Lessee, or any carrier or storage facility, Lessee shall be liable for the full replacement cost of the Property and all continuing rental charges until the replacement Property is restored to rental use by Lessor. Lessor shall be under no obligation to replace or repair Property until Lessee has paid for the damaged, lost or stolen Property. In such event, rental charges for the subject Property shall continue to accrue until Lessee has paid for the loss, stolen or damaged Property or until repairs are completed. Accrued rental charges cannot be applied against the replacement cost or cost of repair of damaged, lost or stolen Property.
TRANSPORT AND SHIPMENT: In the event the Property rented by Lessee is transported or shipped, whether from Lessor to Lessee, or to any third party or location, or upon its return to Lessor, or at any time between “delivery” and “return” of the Property as those terms are defined herein, the risk of loss during that transport and shipment shall be solely Lessee’s. Lessee, at Lessee’s option, shall be entitled to select its own shipper or transport service and shall notify Lessor of that selected shipper or transport service at the time the rental order is place. If Lessee declines to make such election, and requests transport by a shipper or transport service selected by Lessor, then Lessee shall still remain solely responsible for risk of loss during that transport or shipment and shall continue to maintain insurance on the Property as provided herein. Lessor shall bear risk of loss during transport or shipment only during times when Lessor’s own employees are directly handling the transport or shipment.
INDEMNIFICATION: Lessee agrees to defend, indemnify, and hold Lessor harmless against any claim, liability loss, costs, damages, expenses or demands arising directly or indirectly out of, or in connection with the use of the Property leased from Lessor by Lessee, its agents, servants, sub-lessees, contractors, representatives, guests, invitees, or customers. Lessor agrees to defend, indemnify, and hold Lessee harmless against any claim, liability loss, costs, damages, expenses or demands arising directly or indirectly out of, or in connection with use of the Property by Lessor, its agents, servants, contractors, representatives, guests, invitees, or customers.
PROPERTY INSURANCE: Lessee shall at all times from the delivery of the Property to Lessee to its return to Lessor, as those terms are defined herein, including during times of shipment and storage, maintain property insurance covering the Property from damage or loss from any cause whatsoever. Such property insurance shall be in an amount sufficient to cover the full replacement cost of the Property and Lessor’s rental charges until the Property is repaired or replaced. Lessor shall be named an Additional Insured and Loss Payee on such policy or policies and, upon request by Lessor; Lessee shall provide Lessor with proof of such insurance.
WORKERS’ COMPENSATION INSURANCE: Lessee shall, at its own expense, maintain Workers’ Compensation Employer’s Liability Insurance during the course of the Property rental with minimum limit of $1,000,000.
COMMERCIAL GENERAL LIABILITY INSURANCE: Lessee shall, at its own expense, maintain Commercial General Liability Insurance which includes coverage for independent contractors and contractual liability coverage specifically referring to the Rental Agreement and to the hold harmless provision contained in Section 8 of these Terms and Conditions. Said insurance shall name Lessor as an Additional Insured and provide that said insurance is the primary coverage with respect to all insureds, the limits of which must be exhausted before any obligation arises under Lessor’s insurance. Such insurance shall remain in effect during the course of the Rental Agreement and shall include the following coverages: broad form contractual liability, personal injury liability, completed operations, and products liability. Such insurance shall provide general aggregate limits of not less than $2,000,000 (including the coverages specified above), personal injury and advertising injury of not less than $1,000,000 and per occurrence limits of not less than $1,000,000.
NOTICE OF INSURANCE: Before obtaining possession of the Property leased, Lessee shall provide Lessor with a Certificate of Insurance and applicable endorsements confirming each of the coverages required above. All Certificates of Insurance shall be signed by an authorized representative agent or representative of the insurance company. All insurance maintained by Lessee, pursuant to the foregoing provision, shall be issued by an insurance carrier authorized to do business in the state in which the Property is being used by the Lessee with BEST rating of A- or higher. The failure of Lessor to demand such notice or proof of insurance shall not excuse Lessee from providing it.
NOTICE OF CANCELLATION OF INSURANCE: Lessee shall provide Lessor with thirty (30) days written notice prior to the effective cancellation, material change, or modification to any insurance required to be maintained by Lessee pursuant to the foregoing provisions.
WAIVER OF SUBROGATION: All insurance maintained by Lessee pursuant to the foregoing provision shall contain a waiver of subrogation against Lessor.
FAILURE TO PROCURE INSURANCE: Should Lessee fail to procure or pay the cost of maintaining in force the insurance required herein, or to provide Lessor upon request with satisfactory evidence of insurance, Lessor may, but shall not be obliged to, procure the insurance and Lessee shall reimburse Lessor on demand for such costs. Lapse or cancellation of the required insurance shall be an immediate and automatic default of the Rental Agreement.
SUBLEASE BY LESSEE: The grant by Lessee of a sublease of the Property, which requires prior written consent of the Lessor, shall not affect Lessee’s obligations to procure insurance for the benefit of Lessor as provided herein nor shall such sublease otherwise affect or diminish any of Lessee’s obligations under the Rental Agreement.
REMOVAL FROM DELIVERY LOCATION: Lessee shall not remove the Property from the location in which it is delivered to Lessee by Lessor without Lessor’s prior written consent.
ATTORNEY FEES: Lessee hereby agrees to pay all of Lessor’s attorneys’ fees and costs actually incurred by Lessor in enforcing the Terms and Conditions of the Rental Agreement, regardless of whether or not a legal action is filed.
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Jersey.
INCORPORATION BY REFERENCE: The Rental Agreement, any attached Equipment Schedules, any Equipment Schedules added at a later date or any other document attached to the Rental Agreement by the Lessor are incorporated by reference and made an integral part of the Rental Agreement. Such documents constitute the complete agreement between the parties as to the issues covered therein. Furthermore, no agreements, representations, or warranties other than those specifically set forth in such documents shall be binding on any of the parties unless they are also set forth in a writing that is signed by both parties.
SECURITY DEPOSIT: Lessor may, at Lessor’s option, require Lessee to give Lessor a security deposit in an amount determined by Lessor. Said security deposit, if done by credit card charge, shall be final. Lessee and/or the credit card holder waive all rights to dispute charges with the credit card company and agree to resolve disputes as if the charges were made as cash payments. In the event that the credit card company fails to honor Lessor’s charges for any reason, or if the available credit is insufficient to cover the claims of Lessor under the Rental Agreement, then Lessee shall remain absolutely liable for the full amount of the claims. The election by Lessor to request and accept a security deposit in lieu of a proof of insurance certificate from Lessee, or for any other reason, does not constitute a waiver or limitation by Lessor of any of Lessor’s rights or Lessee’s obligation under the Rental Agreement.
TITLE AND OWNERSHIP: The Rental Agreement constitutes a lease and not a sale of the Property or the creation of a security interest therein. No part of the rental payments made under the Rental Agreement shall be deemed payment towards the purchase of any of the Property. Lessee specifically acknowledges the Lessor’s superior title and ownership of the Property and must keep the Property free of all liens, levies and encumbrances.
SURRENDER: Upon the expiration or earlier termination of the Rental Agreement, Lessee shall return the Property to Lessor in the same condition as at the delivery to Lessee, ordinary wear and tear excepted. Lessee hereby grants Lessor an option to terminate the Rental Agreement on twenty-four hours’ notice.
INSPECTION: Lessor shall have the right to inspect the equipment or observe its use at all reasonable times.
SEVERABILITY: The provision of the Rental Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
TERM OF AGREEMENT: Unless otherwise specified in writing, the Property shall be leased on a day-to-day basis and all rates shall apply to each full day or any fraction thereof which has elapsed between the time the Property is “Delivered” to Lessee and the time it is “Returned” to Lessor. Lessee agrees to return the Property on the date and time specified. If Lessee fails to return the Property by the return date specified, Lessee is liable for the daily rental cost of the Property until it is returned. Unless otherwise stated in writing, a full additional day’s rental will be charged for any Property not returned by 10 A.M. on the due date. The rental fee payable for any item of Property shall be the Lessor’s standard daily rental rate for such equipment. Lessor’s standard daily rates are subject to change at any time without notice. Lessor may discount rates at any time upon its sole and absolute discretion. Lessor may revoke discount rates at any time upon its sole and absolute discretion. All rates are FOB Lessor, and Lessee is responsible for all shipping and delivery charges. No allowance will be made for items delivered to but not used by Lessee.
PAYMENT AND CHARGES: Rental rates are offered to Lessee based upon Lessee’s credit information available to Lessor at the time of rental. If Lessee’s credit information is incorrect or changes during the course of a rental, Lessor may revise the applicable rate without notice. Lessee agrees rental invoices and loss of damage invoices are payable upon receipt of invoices or use of the equipment. Any discounts granted by Lessor may be revoked at any time on any subsequent rental. If a credit card is supplied by Lessee to Lessor, Lessee acknowledges and grants Lessor the unequivocal right to recover from Lessee’s credit card immediately and/or consecutively any charges or amounts due Lessor until paid in full. Lease payment may not be applied to the purchase, repair or replacement cost of the Property.
INTEREST CHARGES: Monetary balances unpaid by Lessee and unpaid claims by Lessor against Lessee shall bear interest at the rate of 1.5 percent per month until payment is provided, however, if such interest rate exceeds the maximum amount allowed under the laws of the applicable state then that maximum amount allowed shall instead apply.
SCHEDULING/POSTPONEMENT: Additional fees will not be charged for postponements provided that the Lessor is given notice of such postponement at least 24 hours prior to the intended delivery or pick up time and provided that the rental is rescheduled within 10 calendar days of the original start date. If insufficient notice is given or the required rescheduling does not take place, then the rental will be considered cancelled and the cancellation policy set forth in Section 31 hereunder will apply. For events where Lessor incurs pre-production costs, Lessee will still be responsible for all such pre-production costs regardless of whether the event is rescheduled or not.
SCHEDULING/CANCELLATION:
For equipment rentals under $10,000.00, the following terms shall apply:
If the rental is cancelled 72 hours or less prior to the scheduled pick up or delivery time, then 50% of the equipment rental fees shall be due and owing from the Lessee
If the rental is cancelled 24 hours or less prior to the scheduled pick up or delivery time, then 100% of the equipment rental fees shall be due and owing from the Lessee.
If an outdoor event is cancelled due to inclement weather or reasons outside Lessee’s control, the cancellation policy will still apply unless the event is rescheduled within 10 calendar days of the original start date.
For equipment rentals over $10,000.00, the following terms shall apply:
Upon cancellation, any deposits paid or agreed to be paid shall be due and owing from Lessee.
All pre-production fees and costs shall be billed to Lessee at prevailing wage rates based upon the actual amount of time spent up through the time of cancellation.
Lessee shall be financially responsible for Lessor’s loss of business if Lessor declined other business due to Lessor’s need to keep personnel and equipment available for Lessee. Lessor’s loss of business damages shall be equivalent to Lessor’s anticipate profits from such lost business.
PAYMENT TERMS: All payments are due within the Customer’s payment terms. In addition, a late fee of $15.00 plus a 1.5% monthly finance charge shall be added to the overdue account balance. Lessee shall remain liable for all costs of collection, including but not limited to, reasonable attorney fees. Credit card payments are subject to a 3% convenience fee.
DEFAULT: In the event Lessee shall fail to make any of the rental payments when due or shall fail to perform any other covenant or condition hereof to be performed by Lessee or any of the events described in the Rental Agreement, 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;
Recover from Lessee all sums that are due;
Repossess the Property (by entering Lessee’s premises, if necessary) without liability for trespass, or responsibility with respect to the Property or to any article left in or attached to same, and recover from Lessee all damages sustained by Lessor as a result thereof;
Recover from Lessee any and all damages which Lessor shall have sustained by reason of non-performance by the Lessee of the terms and conditions of the Rental Agreement.
Retain free from any claim by Lessee, all payment or other property theretofore received under the Rental Agreement.
Recover from Lessee all expenses incurred by Lessor in protection of its rights under the Rental Agreement, including, without limitation, attorney’s fees, court costs, and costs of location, repossessing, repairing, reconditioning and storing the Property.
BANKRUPTCY: Neither this Agreement nor the Property 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 Property, Lessor shall have and may exercise any one or more of the remedies set forth in Section 32 (DEFAULT) hereof. The Rental Agreement shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee after Lessor’s exercise of said option and Lessor shall recover from Lessee any and all costs or damages associated with recovery of the Property.
Cancellation Policy
If event is cancelled 72 business hours prior to load in, 100% of personnel costs and 50% of equipment costs are due.
If event is cancelled 24 hours prior to load in, 100% of the proposed costs are due
In the event of inclement weather for outdoor events including cancellation directly or indirectly related to COVID, the cancellation policy may apply unless the event is rescheduled for a later date.
Some cancellation fees may apply for larger events where pre-production costs are involved, regardless of whether the event takes place or not.
After confirmation of job, if travel expenses are incurred, 100% of the costs are due.
If shipping costs for gear are incurred, 100% of the costs are due.
Once a show is confirmed, the cancellation policy for a multiday show is considered 72 business hours before the first load in day.
If a special position is bought for the event the cancellation time period will no longer be used and all positions that were “bought” will be owed at time of cancellation.
