Rental Agreement

Rental Agreement

THIS AGREEMENT TO LEASE EQUIPMENT ("Lease") is made and effective by clicking on the “Place Order” button, by and between Pro Photo Rental, Inc., ("Lessor") and current user ("Lessee").  By clicking on the “Place Order” 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 “Place Order” button, Lessee indicates acceptance of the modified Terms and Conditions. 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 following described equipment (the "Equipment"): shown in the order preview during checkout.


2. Term.
If the order is shipped:
The term of this Lease shall commence at the date and time shipper shows delivery of Equipment and shall expire on the last day of the rental as shown on order receipt. The equipment must be returned to the shipping company and enter their tracking system during the shipping company’s local business hours on the last day of the rental. In the event the last day is a postal holiday, one day’s shipping extension is automatically given.

If the order is picked up at Lessor's location:
The term of this Lease shall commence at the date and time Lessee or Lessee's agent takes possession of Equipment at Lessor's location and shall expire on the last day of the rental as shown on order receipt. If the rental is for 3 (three) days or less, the Equipment must be returned to Lessor no later than the following hour of day that the Lease term commenced. In other words, if the Equipment is picked up at 3:24 PM on the first day of rental, it is due back no later than 4 PM on the last day of the rental. If the rental is for 4 (four) days or more, the Equipment must be returned to Lessor during business hours on the last day of the rental. In the event the last day is a postal holiday, one day’s extension is automatically given at no extra charge.


3. Shipping.
If Lessee selects Shipping as the order delivery method, Lessor agrees to ship the Equipment to Lessee's premises, as designated by Lessee in “Shipping Information,” via shipping mode of Lessor’s choice, or Lessee’s choice within options designated by Lessor.  Lessor will provide a return shipping label with the original shipment.  Lessor cannot re-print this label, so if it is lost, stolen, destroyed, damaged or otherwise rendered unusable at no fault of the Lessor, Lessee agrees to arrange, in a manner recognized as reasonable in the industry, to return ship said Equipment at Lessee’s cost and expense. In no case will loss, theft, destruction, damage or any other cause that may render the return label unusable at no fault of the Lessor change the term or any other portion of this lease. Lessor does not ship on postal holidays or other days that are marked “unavailable” on the rental reservation calendar for each item.

Lessor cannot guarantee when an order will arrive. Consider any shipping or transit time offered by Pro Photo Rental, Inc. or other parties only as an estimate. Lessee is encouraged to order in a timely fashion to avoid delays caused by shipping or other unforeseen circumstances. If shipping company is late for Friday delivery, the Equipment will not arrive until the following Monday. If Lessee selects delivery for Friday, Lessee accepts full responsibility for the risk of late delivery. Lessor does not guarantee any compensation for late deliveries due to shipping company delays or delivery changes made by Lessee after the Equipment is in transit.

If special expedited shipping arrangements are selected by Lessee, the outbound (from Lessor to Lessee’s premises) shipping charges for the order will be paid in advance and in full, and will be indicated on the receipt provided at the time of checkout to the Lessee.


4. Rent.
The rent for the Equipment shall be paid in advance in full.


5. Cancellations.
Cancellations are made by contacting us via phone or e-mail and are subject to the following terms:

Cancellation by Lessee before the Equipment has been shipped or picked up by Lessee will result in no cancellation fees.

Lessor does not guarantee refund or credit if cancellation is made by Lessee after the Equipment has been shipped or has been picked up by Lessee.


6. Use.
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment.


7. Right to Lease.
Lessor warrants that Lessor has the right to lease the Equipment, as provided in this Lease.


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. Pro Photo Rental, Inc. 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. 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.


10. Repairs.
Lessor shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order.
Lessee shall not in any way repair or materially alter the physical or otherwise makeup of the Equipment.


11. Late Return.
Lessee shall return the Equipment in accordance with Section 2 ("Term").  In the event Lessee does not return the Equipment in accordance with the Lease Term, Lessee agrees to allow Lessor to charge Lessee’s credit card or otherwise garnish, collect or obligate Lessee at Lessor’s sole discretion treble (three times) the one-day rental price per day that the Equipment is late.


12. Lost, Damaged, or Unreturned Equipment.
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 which shall continue in full force and effect through the term of the Lease.

In the event of damage of any kind whatsoever to the Equipment, Lessee agrees to allow Lessor to charge Lessee’s credit card, or otherwise garnish, collect or obligate Lessee at Lessor’s sole discretion for the full cost of repair of said damaged Equipment.  Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms.  Lessee agrees to be bound, legally and otherwise, by the report of Lessor’s chosen repair venue as to the cause of the damage to the Equipment and the costs associated with said repair.

In the unlikely event that the Equipment appears damaged when Lessee receives Equipment, Lessee must notify Lessor immediately upon first inspection of the Equipment.  Upon notifying Lessor of suspected damage resulting from shipping of the Equipment, Lessor will negotiate a mutually agreeable solution with Lessee.

In the event of loss or default, Lessee agrees to allow Lessor to charge Lessee’s credit card or otherwise garnish, collect or obligate Lessee at Lessor’s sole discretion for the full retail price of the Equipment.  Full retail price is to be solely determined by Lessor, and will generally, but is not guaranteed to be, the Manufacturer’s Suggested Retail Price of the equipment at time of rental, as specified by the equipment’s manufacturer. The full retail price of the Equipment will be charged in addition to the late fees assessed prior to deeming the Equipment “lost” or “unreturned.”

Lessee will also be required to pay the lost rental income due to equipment being in a non-rentable state, and shall continue to pay same until equipment is fully repaired and able to be rented again.

Equipment is deemed to be “lost” or “unreturned” when Lessee has failed to ship rented Equipment to Lessor within seven (7) days of expiration of Term.  If Lessee returns Equipment, in undamaged state, to Lessor within thirty (30) days of expiration of Term, the charge to Lessee’s credit card for the full retail price of the Equipment will be refunded to Lessee by Lessor and a late fee will be charged to Lessee’s credit card in accordance with Section 11 ("Late Return").  After thirty (30) days, all sales are final.


13. Damage Waiver.
Lessor may offer Lessee the option to purchase a damage liability waiver for accidental damage caused to the Equipment during the lease Term.  If liability waiver is purchased and accidental damage occurs to the Equipment during the Term, Lessee’s liability shall be to pay Pro Photo Rental, Inc. the lesser of a) the actual costs for the repair or b) 12% of the Equipment’s replacement value.  The premium paid for the Damage Waiver will be applied toward Lessee’s liability in either case.  Lessor reserves the right to define “Replacement value” for each piece of Equipment, but in no case shall it exceed the MSRP of the Equipment at the time of rental.

Lessee must provide an identifiable piece of the equipment (including serial number) for claim verification.  Damage waiver specifically excludes complete loss or theft.

Damage waiver only covers accidental damage, not abuse or intentional damage.  Lessor reserves the sole right to determine whether or not damage is accidental.

Damage caused by water immersion is specifically not covered by Damage Waiver.


14. 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 alone excepted.  Ordinary wear and tear is to be determined at the sole discretion of the Lessor within the confines of the reasonably common and ordinary meanings of those terms.  Lessee will be responsible for proper packaging of the return shipment using shipping and packaging materials as 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 condition of Equipment upon return.  Lessor reserves the right to accept Equipment upon return by Lessee and make determinations regarding the condition of the Equipment within a reasonable amount of time.  Lessor’s determination as to the condition of the Equipment upon return by Lessee is binding under this Section and Section 12 (“Lost, Damaged, or Unreturned Equipment.”).


15. 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, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner with respect thereto and whether or not the same shall be assessed against or in the name of Lessor or Lessee. However, Lessee shall not be required to pay or discharge any such tax or assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or endanger the title and interest of Lessor to the Equipment; provided, Lessee shall reimburse Lessor for any damages or expenses resulting from such failure to pay or discharge.


16. Limitation of Liability.
THE CONTENTS OF THE PRO PHOTO RENTAL, INC. WEBSITE, AND THE EQUIPMENT LESSOR DELIVERS ARE PROVIDED "AS IS." LESSOR MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT’S ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PRO PHOTO RENTAL, INC. WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE PRO PHOTO RENTAL, INC. WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE PRO PHOTO RENTAL, INC. WEB SITE, OR FOR ANY CONDUCT BY USERS OF THE PRO PHOTO RENTAL, INC. WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE PRO PHOTO RENTAL, INC. WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL PRO PHOTO RENTAL, INC. BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON LESSOR’S WEBSITE. WHILE LESSOR WILL MAKE A REASONABLE EFFORT TO RETURN ANY NON-LESSOR PROPERTY IT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.


17. Indemnity.
Lessee shall indemnify and save harmless Lessor against all loss, damage, expense and penalty arising from, related to, or connected with any action on account of any injury to person or property of any character occasioned by the operation, handling or transportation of the leased Equipment during the Term or while the Equipment is in the possession or control of Lessee.


18. Default.
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:

  • A. To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.
  • B. To immediately take possession of Equipment without notice or demand to Lessee.
  • C. To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
  • D. To terminate this Lease.
  • E. To pursue any other remedy at law or in equity.

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, and all costs incurred by Lessor relative to said default shall be paid by Lessee, including but not limited to Collection Agents’ fees, Process Server fees, Court costs, and Attorneys’ fees. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.


19. Attorneys’ Fees.
In any action or proceeding to enforce, preserve, or protect any right or benefit under this Agreement, the prevailing party in each such action or proceeding shall be entitled, in addition to any and all other relief granted by a court or arbitrator, to an award in such action or proceeding of the amount of its attorneys' fees, costs and expenses reasonably incurred therein.


20. 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 any one or more of the remedies set forth in Section 14 (“Surrender.”) above; and this Lease shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.


21. 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.


22. Typographical Errors.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Lessor shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lessor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Lessee’s credit card charged. If Lessee’s credit card has already been charged for the purchase and Lessee’s order is canceled, Lessor shall issue a credit to Lessee’s credit card account in the amount of the incorrect price.


23. Entire Agreement.
This instrument constitutes the ENTIRE AGREEMENT between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.


24. Assignment.
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor.


25. Headings.
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.


26. Governing Law.
This Lease shall be construed and enforced according to laws of the State of Colorado.
Lessee and Lessor agree that the United States District Court for the District of Colorado and/or the County or District Court for Colorado’s 20th Judicial District shall have exclusive jurisdiction over any dispute between you and Pro Photo Rental, Inc. relating in any way to the Pro Photo Rental, Inc. service or website or this Agreement.

Pro Photo Rental, Inc. reserves the right to cancel any order for any reason, including price mistakes.

These Terms and Conditions will supersede any terms and/or conditions Lessee includes with any purchase order, regardless of whether Lessor signs the purchase order or not. Lessor reserves the right to make changes to this site and these Terms and Conditions at any time.

 

Last updated May 7, 2018