Rental Agreement

THIS EQUIPMENT RENTAL AGREEMENT ("Agreement") is made and effective as of the date of execution by and between Gainesville Grip & Camera, ("Lessor" or "Company") and the undersigned customer ("Lessee" or "Customer"). By executing this Equipment Rental Agreement, Lessee agrees to be bound by this Agreement and all the Terms and Conditions therein. Lessor may at its sole discretion modify this Agreement and all the Terms and Conditions therein at any time.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

  1. Definitions

"Company," "Lessor," "we," "us," or "our" refers to Gainesville Grip & Camera, located in Gainesville, Florida.

"Customer," "Lessee," "you," or "your" refers to the individual or entity renting equipment from us.

"Equipment" refers to any filmmaking equipment, accessories, or related items available for rent through our services, as specified in the rental order quote.

"Rental Period" or "Term" refers to the agreed-upon timeframe during which the customer has possession of the equipment, commencing at the scheduled pickup date and time and expiring on the scheduled return date and time.

  1. Disclaimer

Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.

  1. Eligibility

Lessee must be at least 18 years of age to rent equipment from Lessor. By executing this Agreement, Lessee represents and warrants that Lessee is at least 18 years old and has the legal capacity to enter into a binding agreement.

Lessee must present valid government-issued photo identification at the time of equipment pickup. The name on the identification must match the name on this Agreement.

  1. Equipment Lease

Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the equipment described in the rental order quote attached hereto and incorporated herein by reference.

The Equipment remains at all times the sole and exclusive property of Lessor. Lessee has no ownership rights or claims to the Equipment.

  1. Term of Lease

The term of this lease shall commence at the scheduled pickup date and time as agreed upon by the parties and specified in the rental order quote.

The term of this lease shall expire at the scheduled return date and time as agreed upon by the parties and specified in the rental order quote.

Our standard rental periods are daily or weekly, as specified in the rental order quote.

The Equipment must be returned to Lessor at our Gainesville, Florida location during business hours (8:00 AM to 6:00 PM) by the scheduled return date and time.

  1. Rent and Payment Terms

Rent and a deposit, if applicable, must be paid in advance, in full, prior to equipment pickup.

Payment for the rental is due in full before equipment is released to Lessee. We accept credit cards, debit cards, and other payment methods as specified.

All prices listed are in U.S. dollars and are subject to change without notice. The price applicable to this rental is the price specified in the rental order quote.

Additional fees, taxes, or charges may apply and will be disclosed prior to payment.

  1. Late Returns

Lessee will be charged for each additional day that the Equipment is not returned beyond the expiration of the term of the lease. Late fees will be calculated as specified in the rental order quote.

Any penalties will be charged to the Lessee's form of payment on file with Lessor.

In the event the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee's form of payment will be charged the full replacement value of the Equipment.

If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.

Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.

  1. Cancellation by Lessor

Lessor reserves the right to cancel any order, for any reason, at any time before the scheduled pickup occurs. In the event of cancellation by Lessor, any payments made by Lessee will be refunded in full.

  1. Cancellation by Lessee

Lessee may cancel an order at any time, for any reason, provided that such cancellation occurs more than twenty-four (24) hours prior to the scheduled pickup date and time. Cancellations made more than 24 hours before the scheduled pickup time will receive a full refund.

In the event that Lessee cancels an order within twenty-four (24) hours of the scheduled pickup date and time, Lessee shall be liable to Lessor for a cancellation fee equal to twenty percent (20%) of the total rental quote amount (order subtotal). The remaining eighty percent (80%) will be refunded to Lessee.

Said cancellation fee shall be charged to Lessee's form of payment on file with Lessor.

If the Lessee's form of payment cannot be successfully charged for the cancellation fee within twenty-four (24) hours of such cancellation, the Lessee shall be considered to be in Default.

No refunds will be provided for cancellations made after equipment has been picked up or for early returns of equipment.

  1. Equipment Pickup

Equipment must be picked up at our location in Gainesville, Florida during our business hours: 8:00 AM to 6:00 PM. We do not offer delivery services.

Before leaving our premises, Lessee is responsible for inspecting the equipment to ensure it is in proper working condition. Any issues must be reported immediately to Lessor.

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.

  1. Equipment Return

Equipment must be returned to our Gainesville, Florida location during business hours by the agreed-upon return date and time specified in the rental order quote.

Upon return, equipment will be inspected for damage or missing items. Lessee is required to be present during this inspection or authorize a representative to be present on behalf of Lessee.

  1. Geographic Restrictions and Permitted Use

Equipment may be taken out of the state of Florida as long as it is returned at the agreed-upon return time specified in this Agreement.

Equipment may not be taken out of the United States without prior written authorization from Lessor. Unauthorized international transport of equipment constitutes a material breach of this Agreement.

Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinances, and regulations in any way relating to the use or possession of the Equipment.

  1. Insurance Requirements

For rentals where the total value of equipment exceeds $5,000, Lessee is required to maintain adequate insurance coverage for the full replacement value of the equipment during the entire rental period.

Lessee must provide proof of insurance prior to equipment pickup for rentals exceeding $5,000 in value.

Lessor does not provide insurance coverage for rented equipment. Lessee is encouraged to obtain appropriate insurance coverage for all rentals.

  1. Prohibited Uses and Restrictions

Lessee agrees not to:

  • Sell, rent, lease, or lend the equipment to any third party

  • Modify, alter, or remove any labels, serial numbers, or identifying marks from the equipment

  • Use the equipment for any illegal purpose or in any manner that violates this Agreement

  • Allow anyone other than authorized users specified in this Agreement to use the equipment

The following uses of equipment are strictly prohibited unless the specific equipment is designed and intended for such use:

  • Underwater use of equipment not rated for underwater operation

  • Use in extreme weather conditions that exceed manufacturer specifications

  • Use in hazardous environments without proper protective measures

  • Any use that violates manufacturer guidelines or recommendations

Failure to comply with these restrictions may result in liability for damages and immediate termination of the rental.

  1. Damaged or Modified Equipment

Lessee shall keep the Equipment in good repair and condition.

Lessee shall not materially modify or alter the Equipment.

In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.

Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause during the term of the lease.

If there is a dispute between Lessor and Lessee as to the cause or extent of damage, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.

In the event of damage, Lessor shall choose the repair method and venue, within reason.

If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.

Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor's reasonable expenses for parts and labor.

Lessee's form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee's form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.

At Lessor's discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:

  • Smoke

  • Mud or dirt

  • Chalk or powder

  • Sand

  • Any other matter that must be removed from the Equipment before it is placed back in Lessor's inventory

  1. Loss of Equipment

Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the lease. Lessee is liable for the full replacement value of any equipment that is lost, stolen, or damaged beyond repair during the rental period.

Lost or Stolen Equipment – 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.

Unreturned Equipment – If the Equipment is not returned within seven (7) days of expiration of the term of the lease, the Lessee shall be liable for the replacement value of the Equipment.

Lessor shall charge Lessee's form of payment the amount owed for replacement of the unreturned Equipment.

If the Lessee's form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.

  1. Missing Accessories

In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items.

  1. Liability and Indemnification

Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.

Lessee agrees to indemnify, defend, and hold harmless Gainesville Grip & Camera, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Lessee's use of the equipment

  • Lessee's violation of this Agreement

  • Lessee's violation of any third-party rights, including intellectual property rights or privacy rights

  • Any damage to or loss of the equipment while in Lessee's possession

  • Any injury to persons or damage to property caused by Lessee's use of the equipment

  1. Malfunctioning Equipment

Equipment malfunctions due to manufacturing defects or normal wear and tear that occur during proper use are not Lessee's responsibility, provided Lessee notifies Lessor immediately upon discovery of the malfunction.

In the case of malfunctioning Equipment, Lessor's only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions.

  1. Taxes or Duties

The Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Equipment, Lessee agrees to reimburse Lessor in full for those charges.

  1. Intellectual Property

Lessor does not have or make any claim to images, video, or sound recordings made by the Lessee while using the Equipment.

All content on Lessor's website, including text, graphics, logos, images, and software, is the property of Gainesville Grip & Camera or its licensors and is protected by copyright, trademark, and other intellectual property laws.

The rental of equipment does not grant Lessee any ownership rights or intellectual property rights in the equipment or any associated materials.

  1. Warranties and Disclaimers

Equipment Condition

Lessor strives to maintain all equipment in good working condition. However, equipment is provided "as is" and "as available" without any warranties of any kind, either express or implied.

Lessor does not warrant that the equipment will meet Lessee's specific requirements or that the operation of the equipment will be uninterrupted or error-free.

Lessee acknowledges that Lessee has inspected the equipment at the time of pickup and accepted it in its current condition.

Disclaimer of Warranties

To the maximum extent permitted by law, Lessor disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  1. Limitation of Liability

To the maximum extent permitted by law, Lessor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Lessee's use or inability to use the equipment

  • Any interruption or cessation of services

  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of the equipment

Lessor's total liability to Lessee for all claims arising from or related to the rental of equipment shall not exceed the total amount paid by Lessee for the specific rental giving rise to the claim.

  1. Default

In the event of default, all amounts owed by Lessee to Lessor are immediately due.

In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney's fees.

Lessor reserves the right to pursue all available civil and criminal remedies against Lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee's form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.

  1. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect.

The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable while preserving the intent of the parties.

This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable.

  1. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Alachua County, Florida. Lessor and Lessee agree that the courts of the State of Florida shall have exclusive jurisdiction over any dispute between the parties of this Agreement.

  1. Entire Agreement

This Agreement, together with the rental order quote and Lessor's Privacy Policy, constitutes the entire agreement between Lessee and Gainesville Grip & Camera regarding the rental of equipment.

This Agreement supersedes any prior agreements or understandings, whether written or oral, regarding the subject matter herein.

  1. Waiver

Lessor's failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights or provisions.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

  1. Modifications

Lessor reserves the right to modify this Agreement at any time. Changes will be effective immediately upon execution of a new Agreement with updated terms.

  1. Contact Information

Gainesville Grip & Camera

1029 NW 39th Dr.

Gainesville, Florida 32605

Email: gnvfilmrental@gmail.com

Phone: 352-562-6105

Business Hours: 8:00 AM - 6:00 PM

Acknowledgment and Acceptance

By signing below, Lessee acknowledges that Lessee has read, understood, and agrees to be bound by all terms and conditions of this Equipment Rental Agreement.

LESSEE:

Signature: _________________________________

Printed Name: _________________________________

Date: _________________________________

Address: _________________________________

Phone Number: _________________________________

Email: _________________________________

Driver's License Number: _________________________________

LESSOR:

Signature: _________________________________

Printed Name: _________________________________

Date: _________________________________

Title: _________________________________