EQUIPMENT LEASE
THIS EQUIPMENT LEASE ("Lease") is made and effective by clicking on the “Pay” button, by and between Midwest Photo, ("Lessor"), and current user ("Lessee"). By clicking on the “Pay” button, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this site. By clicking on the “Pay” button, Lessee indicates acceptance of the modified terms and conditions. This lease requires the Lessee to provide current drivers licenses info. This lease also requires a signature as a secondary acknowledgment by the Lessee.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
1. Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the equipment shown in the order preview above (“Equipment”). Lessor reserves the right to refuse or decline leasing Equipment to potential lessee at Lessor’s sole discretion. Lessor may, at its sole discretion, gather information from third parties regarding potential lessee’s past rental history and credit worthiness.
2. Term. The term of this Lease shall commence on the day of the first attempt by the parcel carrier to deliver the item and expire on the last day of the rental period as show on the checkout page (“Rental Period”). The Equipment must be return shipped to Midwest Photo before shipping cut‐off time with the courier on the last day of the Rental Period. Should Lessee return the Equipment using a shipping label not provided by Lessor, and the Equipment is not returned on or before the expected return date, Lessor reserves the right to charge the Lessee additional Rent for the extra time the Equipment was in transit or late. You hereby give Lessor permission to contact you via the US mail, email, telephone, or text message regarding information on or status of your rental.
3. Rent and Deposit. All rent will be paid in full at the time of check out.
4. Use. Lessee shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform to all national, state, municipal, and other laws, and regulations in any way relating to the possession, use or maintenance of the Equipment including any manufacturer’s recommendations, warnings and instructions as to the safe use of the Equipment.
5. Representations, Warranties and Agreements. Lessee has selected the Equipment without relying upon any suggestion or recommendations of Lessor or its employees and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment as being fit for any particular purpose.
· Lessor represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental; (2) Lessor is responsible for routine repair and maintenance of the Equipment prior to rental; (3) Lessor has the right to enter into the rental of the Equipment.
· Lessee agrees as follows: (a) except as set forth in Lessor’s representations and warranties above, the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose; (b) Lessor shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays; and (c) except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Lessee’s usage, possession, transportation or failure to return the Equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors. At all times Lessor’s maximum liability in connection with the Equipment is limited to the rent paid to Lessor by Lessee.
6. Used Equipment. Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed. However, Lessor warrants that the Equipment, whether new or used, will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify Lessor pursuant to Section 15 of this Agreement.
7. Typographical Errors. In the event a product rental rate is listed incorrectly due to errors in pricing information received from Lessor’s suppliers, Lessor has the right to refuse or cancel any orders placed for products listed at the incorrect rate whether or not Lessee’s credit card has been charged. Should Lessor cancel Lessee’s order, Lessor will immediately credit Lessee’s account for the incorrect amount paid.
8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. Midwest Photo reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order or to supply less than the quantity Lessee ordered of any item for any reason.
9. Out‐of‐Stock Products and Multiple Product Orders. Lessor will ship the Equipment to Lessee as it becomes available. There may be times when the Equipment Lessee ordered is out‐of‐stock which will delay fulfilling Lessee’s order. Lessor makes no guarantees as to availability of Equipment. Any estimate of availability provided by Lessor is based on the assumption that each of Lessor’s customer returns Equipment within the prescribed Rental Period. Lessor will keep Lessee informed of any Equipment that Lessee has ordered that are out‐of‐stock and unavailable for immediate shipment. If Equipment is out‐ of‐stock or unavailable, Lessee may cancel the order at any time prior to shipping. For a multiple product order, Lessor will make every attempt to ship all products contained in the order at the same time. Equipment that are unavailable at the time of shipment of other Equipment will be shipped as they become available unless Lessee notifies Lessor of their alternate wishes to this end. Lessee will only be charged for Equipment contained in a given shipment, plus any applicable shipping charges. Lessee will only be charged for shipping at the rate quoted on Lessee’s purchase receipt. The entirety of this shipping charge may be applied to the first Equipment shipped on an order requiring multiple shipments.
10. Shipping. All shipping costs (including returns) are the sole responsibility of the Lessee. Lessor does not ship on federal holidays. Lessor cannot guarantee the arrival date of the order as that is outside the control of Lessor. Any shipping or transit time estimates provided by Lessor are estimates only. Lessee is encouraged to order in a timely fashion to avoid delays caused by product unavailability or shipping. Lessee agrees to obtain and retain the shipping receipt for all return shipping until Lessor notifies Lessee of Lessor’s receipt of such returned product.
11. Cancellations. Lessee may cancel a pending reservation up to 24 hours prior to order shipment or pick up. Failure to do so will result in a 1-day rental (prorated off the 3-day rate) for all Equipment charged to your card. Lessee may cancel within 24 hours of placing an order with no fees or penalties, as long as order has not shipped. Canceling a shipped order will result in extra fees. Lessee may cancel an order once it has shipped but such cancellation will be subject to full refund minus: 1-day rental rate + round trip shipping + cost of the damage waiver (if applicable). Lessor reserves the right to cancel any order at any time before delivery occurs at its sole discretion.
12. Insurance and Deposit. Some orders may require that Lessee insure the Equipment for the duration of the Rental Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by Lessor until the Equipment has been returned to Lessor in good working order. Should Lessee choose to insure the Equipment, Lessee shall add Midwest Photo as Additional Insured on Lessee’s insurance policy and provide Lessor with a Certificate of Insurance at the time of the order. If the Customer chooses to secure the Equipment with an insurance policy, the Customer must provide a Certificate of General Liability Insurance naming Midwest Photo as Additional Insured and/or Loss Payee, in a form and amount (not less than $1 million) prior to taking delivery of the Equipment. The “Unattended Vehicle Theft Exclusion” will not be accepted. Confirm with your insurance provider that you will be covered in the event that equipment is lost, stolen or damaged while left unattended in a vehicle. Midwest Photo does not accept insurance coverage that provides for any variation of “actual cash value” replacement. Further, the coverage must be written on a “replacement-cost basis” without deduction for depreciation. Additionally, the Customer’s insurance coverage must cover all risk of loss to the Equipment, worldwide, at replacement cost value plus any continuing rental charges at the same rate set forth on the Rental Agreement (such payments to continue until the date of receipt of the replacement cost by Midwest Photo), including coverage of the Equipment while in transit. The Customer’s insurance must include rented or leased Equipment coverage and must provide coverage during the entire time of rental or lease, including transportation of the Equipment to and from Midwest Photo’s place of business, even if such transportation is accomplished by a third-party carrier. This Customer’s insurance binder must have an expiration date of no less than thirty (30) days past the end of the rental period. If the certificate is to be modified, amended, or changed, a new certificate must be on file prior to the expiration date of the original.
13. Age. Due to the value of the Equipment Lessor will not rent Equipment to persons under the age of 21. Lessee agrees not to allow any person to pick up or return the Equipment who is under the age of 21.
14. Repairs. Lessee agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.
15. Loss and Damage. Except as set forth in Lessor’s representations and warranties above, Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease. In the event of damage of any kind whatever to the Equipment, Lessor may: (a) charge Lessee’s credit card for the full cost of repair; and (b) repair the Equipment using a vendor at Lessor’s sole discretion. In addition to repair or replacement fees, Lessor may charge Lessee’s credit card for a “Loss of Use Fee” in the event Lessee did not purchase a damage waiver at the time of the initial rental order. “Loss of Use Fee” is equal to the daily rental fees Lessor would have been entitled to receive for the Equipment had it not been damaged or lost. In the event the Equipment becomes damaged beyond repair, Lessee shall pay Lessor the full replacement value of the Equipment. Lessee must ensure that the Equipment, when returned to Lessor, is clean. Should the returned Equipment be deemed dirty in Lessor’s sole judgment, Lessor reserves the right to charge Lessee a “Cleaning Fee”.
16. Non‐Working Equipment. Lessee shall notify Lessor within 3 hours of receipt of Equipment any malfunction and/or alleged damage of such Equipment. In the event Equipment is not functioning and/or damaged other than as a result of Lessee’s negligence or willful acts, Lessee must not attempt to repair or modify the equipment himself/herself. Lessee must return such non‐working Equipment to Lessor and Lessor will either replace the non‐working Equipment with a functioning equivalent (“Replacement Equipment”) or issue Lessee a credit or full refund of all rental charges paid by Lessee at Lessee’s option. The rental charges for all such non‐working Equipment so returned will commence upon Lessee’s receipt of the replacement Equipment. Once Lessor receives notification of suspected damage of Equipment in transit, Lessor shall send such damaged Equipment to the manufacturer for inspection and repair. Lessee and Lessor hereby agree to be bound by the damage report provided by such manufacturer as to the cause and liability of such damage.
17. Surrender. Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by delivering the Equipment at Lessee's cost and expense via the shipping method specified by Lessor. Lessee shall be responsible for proper packaging of the returned Equipment using shipping and packaging materials provided by Lessor in the order shipment. Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to the condition of the returned Equipment. Lessor reserves the right to inspect the Equipment within a reasonable time after the return of the Equipment and make a determination as to whether such returned Equipment was damaged during the Rental Period.
18. Early Surrender. Policy update: “If Lessee surrenders the Equipment with at least 1 day remaining in the Rental Period, Lessor will issue Lessee an “Early Return Credit” or “Early Return Refund” for the remaining unused time. Early Return Credit is a discount code that may be applied towards future rentals and Early Return Refund will be issued to the credit card on file. Early Return Refunds will be issued minus a 25% processing fee (calculated from the remaining day’s total). No Early Return Credit or Early Return Refund will be issued for return of Equipment with an original Rental Period under 4 days. To receive an “Early Return Credit” or “Early Return Refund”, Lessee must request such credit at the time of early surrender via email at rentals@mpex.com.
19. Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, whether or not the same shall be assessed against or in the name of Lessor or Lessee. Lessee shall indemnify and hold Lessor harmless from any taxes, fees, and penalties arising out of Lessee’s lease, use and possession of the Equipment except for those taxes, fees and penalties based upon Lessor’s income.
20. Indemnity. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the selection, possession, use, operation, or return of the Equipment.
21. Default. If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:
1. To charge Lessee’s credit card on file for all amounts due (including any late fees) and owing.
2. To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
3. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
4. To terminate this Lease.
5. To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor's remedies are cumulative and may be exercised concurrently or separately.
22. Bankruptcy. Neither this Lease nor any interest therein 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 if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on 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 the Equipment, Lessor shall have and may exercise the option to, without notice, immediately terminate the Lease. The Lease shall not be treated as an asset of Lessee after the exercise of said option.
23. Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
24. Additional Documents. If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement.
25. Entire Agreement. This instrument constitutes the entire agreement between the parties on the subject matter hereof.
26. Notices. Service of all notices under this Agreement shall be sufficient if given personally or by certified mail, return receipt requested, postage prepaid, at the address hereinafter set forth, or to such address as such party may provide in writing from time to time.
27. Governing Law. This Rental Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Venue in any action involving the Equipment, this Rental Account Agreement, or any Rental Agreement, shall be in courts having situs in Franklin County, Ohio. The prevailing party in any proceeding shall be entitled to an award of reasonable attorneys’ fees and litigation costs.
28. MIDWEST PHOTO MEDIA POLICY: Midwest Photo strongly recommends that you engage experienced technicians to protect your content or data. If any equipment or media is returned to us still containing any of your content or data, we will clear the content or data immediately following the end of the rental period in order to maintain and prepare the equipment for subsequent rentals. All Midwest Photo employees are expected to exercise complete and total discretion and confidentiality with any media or data that may come into their possession in the course of their employment. As a participant in the creative process, we are sometimes given access to media and data not yet distributed to the public and/or other professionals working on the project. While it is our expectation that our clients will protect their data and return recordable media to us full and securely erased that will not always be the case. Due to the extreme sensitivity, nature and potential legal exposure from recordable media and data being returned to Midwest Photo by our clients, the following guidelines have been implemented to ensure that best efforts are being made to keep our clients intellectual property from accidental or deliberate distribution, reproduction or copying:
· All Recordable media and/or data are to be reformatted, without prejudice, as soon as is practicable upon its return to Midwest Photo. Files on recordable media that were not created by Midwest Photo are not to be opened, copied, duplicated, stored, transmitted, played, streamed or viewed in any manner whatsoever before being securely deleted. In addition to all removable cards, SSD’s and data packs, devices with resident media or hard drives (i.e. laptops) shall be treated as recordable media and/or data
· If there are concerns requiring technical evaluation and/or troubleshooting of the media, written permission must be obtained from the copyright owner of that media and/or data before a client’s project may be viewed by any Midwest Photo staff for such evaluations. A release for this purpose will be furnished upon request.
29. EQUIPMENT RENTAL VALUED AT $7000 OR MORE – If the total replacement value of your rental exceeds $7000, a Midwest Photo representative will contact you within 2 business days your reservations to obtain your proof of insurance. Renter must provide a Certificate of General Liability Insurance naming Midwest Photo as Additional Insured and/or Loss Payee (see policy requirements in Securing Rental Equipment document). The “Unattended Vehicle Theft Exclusion” will not be accepted. Confirm with your insurance provider that you will be covered in the event that equipment is lost, stolen or damaged while left unattended in a vehicle. Midwest Photo does not accept insurance coverage that provides for any variation of “actual cash value” replacement. Further, the coverage must be written on a “replacement-cost basis” without deduction for depreciation. By selecting this option, I certify that the insurance policy will remain in effect during the term of all rentals or until another option is selected to secure the rental equipment.
30. CUSTOMER AFFIRMATION: Customer affirms that its authorized representative has read the foregoing terms and conditions and understands the same and that Customer has freely sought and taken, or forgone, legal advice, as its interests have dictated.
31. As an inducement to the Lessor to enter into this Lease, Individual Guarantor unconditionally and irrevocably guarantees to Lessor, its successors and assigns, the prompt payment when due of all obligations, debts, charges, rents and all amounts payable or to become payable by the Lessee pursuant to this Equipment Lease and any future extensions or renewals thereof. Guarantor waives demand, presentment for payment or acceptance, notice of dishonor, protest or any other notice with respect to this Equipment Lease. Guarantor hereby agrees that, without further notice or consent, the same hereby being waived, and without affecting Individual Guarantor’s liabilities hereunder, Lessor may at any time and from time to time, in the exercise of its sole discretion, take or refrain from taking any lawful action including, without limitation, change any terms of all or any part of the Equipment Lease, grant any extensions or renewals, effect any releases, compromises or settlements, or make any other indulgences with respect to the Equipment Lease and release, waive or delay any rights or remedies against Lessee, or Individual Guarantor, or anyone liable with all respects thereto.
1. You must be at least 21 years of age to be able to rent from Midwest Photo Rentals.
2. You will have to provide your current valid Driver’s License number, name on the license, state, and expiration date at the end of this form.
3. A credit card authorization hold, up to the full replacement value of equipment, may be required.
4. Midwest Photo reserves the right to require a deposit and/or proof of insurance for any item at any time.
5. Midwest Photo also reserves the right to refuse rentals for any reason at any time.