Dreampilot Films Equipment Rental Agreement
 

Rental Agreement Terms and Conditions

For the purpose of this Rental Agreement (referred to herein as the "Agreement"), "Rental Center" shall mean Dreampilot Films and "Customer" shall mean you as the renter. In addition to Customer paying to Rental Center the rent and other fees and costs charged by Rental Center with respect to the items requested by Customer for rent from Rental Center which are the subject of this Agreement (herein "the rental items or items"), it is agreed as

Follows:

 

1. CUSTOMER'S USE. 

CUSTOMER SHALL USE THE RENTAL ITEMS ONLY IN A MANNER CONSISTENT WITH MANUFACTURE AND RENTAL CENTER SPECIFICATIONS AND SHALL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE RENTAL ITEMS, ALL PERSONS AND ALL OTHER PROPERTY FROM INJURY OR DAMAGE IN CONNECTION WITH CUSTOMER'S RENTAL, USE OPERATION AND STORAGE OF THE RENTAL ITEMS. 

 

Customer shall not allow any person to use or operate any rental item unless the person is qualified to do so, has received and understands safety and operating instructions for the rental item and utilizes all applicable safety equipment for the proper use and operation of the renal item. Customer shall not allow any person to use or operate a rental item when it is in need of repair or when it is in an unsafe condition or situation. Customer shall not allow any person to modify, misuse, harm or abuse any rental item nor permit any repairs to a rental item without Rental Center's prior written consent. Customer shall not allow or cause any lien or encumbrance of any kind or nature to be placed upon or against any of the rental Items.

 

2. INSPECTION PRIOR TO USE. Customer acknowledges having an adequate understanding about how to properly use and operate the rental items consistent with manufacturer and/or Rental Center specifications for use. Customer also acknowledges Customer's responsibility to inspect the rental items prior to their use and to notify Rental Center immediately of any damage or defects to any of the rental items. Prior to using a rental item, Customer shall personally inspect the rental item and find it in good operating condition, safe for use and suitable for Customer's intended use, purposes and needs. Customer shall check, as applicable, things such as the filters, oil and fluid levels and air pressure of the rental items. Customer also shall clean and visually inspect the rental items at least daily. Customer shall immediately discontinue use of a rental item which is in need of repair or maintenance or which is not properly functioning and shall notify Rental Center immediately of the same. Customer acknowledges that Rental Center has no responsibility to inspect the rental items while they are in Customer's possession or under Customer's control.

 

3. REPLACEMENT OF MALFUNCTIONING ITEMS. If any rental item is or during Customer's use becomes unsafe, damaged or otherwise in disrepair for any reason, Customer shall immediately discontinue use of the rental item and notify Rental Center immediately of the same. Rental Center will, in its discretion, repair or replace such rental item with a similar item in good working order if available; provided, however, the defect is the result of regular use which is not in violation of this Agreement. Rental Center is not responsible for any incidental or consequential damages caused by delays in repairing rental items or providing replacement rental items or the unavailability of replacement rental items, and Customer hereby waives any right or entitlement thereto.

 

4. ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY. 

CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THAT THERE IS A RISK OF INJURY OR DEATH TO PERSONS AND/OR DAMAGE TO OTHER PROPERTY ARISING OUT OF THE USE, OPERATION AND/OR STORAGE OF THE RENTAL ITEMS. CUSTOMER HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL RISKS OF SUCH INJURY OR DAMAGE. CUSTOMER HEREBY WAIVES, RELEASES AND DISCHARGES RENTAL CENTER (AND ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM ANY AND ALL CLAIMS AND RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE RENTAL, USE, OPERATION AND/OR STORAGE OF RENTAL ITEMS BY CUSTOMER, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, GUESTS, INVITEES AND ALL OTHERS UNDER CUSTOMER'S CONTROL AND/OR SUPERVISION.

 

5. TITLE AND OWNERSHIP. The rental items are, shall be and shall remain the sole and exclusive property of Rental Center. Customer shall have only the right to possess, use and operate the rental items in accordance with the terms and conditions of this Agreement. Rental Center shall have the right to display notice of its ownership of the rental items by an identifying stencil, plate or other markings. Customer may not remove or cover such identifying markings without the prior written consent of Rental Center. It is expressly intended and agreed that the rental items shall be personal property even though rental items may be affixed or attached to real estate. The rental items shall not be removed from the premises disclosed to

Rental Center as the place for intended use by Customer without the prior written consent of Rental Center.

 

6. WARRANTIES. Rental Center is not the manufacturer of the rental items nor the agent of the manufacturer. NO WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN NOR SHALL ANY WARRANTIES BE DEEMED GIVEN BY RENTAL CENTER WITH RESPECT TO RENTAL ITEMS BEING FREE FROM PATENT OR LATENT DEFECTS, THE MATERIAL WORKMANSHIP OF THE RENTAL ITEMS, THE CAPACITY OF THE RENTAL ITEMS OR THE MERCHANTABILITY, CONDITION OR SUITABILITY OF THE RENTAL ITEMS FOR CUSTOMER'S INTENDED USE AND PURPOSES. ANY AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMED BY RENTAL CENTER AND WAIVED BY CUSTOMER. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ENSURING THAT THE RENTAL ITEMS ARE SAFE FOR USE AND SUITABLE FOR CUSTOMER'S INTENDED USE AND PURPOSES.

 

7. INDEMNITY/HOLD HARMLESS. 

CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS RENTAL CENTER (AND ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM AND AGAINST ALL CLAIMS,

LIABILITIES, LOSSES AND DAMAGES OF ALL KINDS WHATSOEVER TO PERSONS, PROPERTY AND OTHERWISE RESULTING FROM OR ARISING IN CONNECTION WITH CUSTOMER'S RENTAL, USE, INSTRUCTION FOR USE, OPERATION, MAINTENANCE, POSSESSION AND STORAGE OF THE RENTAL ITEMS OTHER THAN SUCH CLAIMS WHICH ARISE FROM