Rental Terms and Conditions
1. Introduction
This agreement ("Agreement") outlines the terms and conditions governing the rental of equipment ("Equipment") by Birchman Productions ("Lessor"), located in Chicago, IL, to the renter ("Renter"). By renting Equipment from Lessor, Renter agrees to be bound by all the terms and conditions set forth in this Agreement.
2. Rental Process
Equipment reservations can be made online at the Birchman Productions website. After submitting a reservation, Lessor will review the request and send a price quote to Renter's email for approval. Upon approval, an invoice will be generated for payment.
3. Cancellations and Rates
Cancellations made up to 48 hours before the reservation will receive a full refund of any payment made. Cancellations made within 48 hours of the reservation date will forfeit 50% of the total rental fee.
All rental rates are daily rates. Saturday and Sunday are counted as a single day for rental purposes. Discounts for weekly rentals may be requested, but are subject to approval and availability.
4. Late Fees
If payment is not received within 30 days of the invoice date (Net 30), a late fee of 25% of the total owed will be added per day. Equipment returned later than the agreed-upon schedule will incur a late fee of $50 per hour.
5. Security Deposits and Damage
Security deposits are required for reservations of three days or more. The standard security deposit is 30% of the total rental fee.
The Renter is liable for any loss or damage to the Equipment during the rental period, regardless of fault. In the case of loss or damage, the Renter agrees to pay the market replacement cost of the Equipment within two weeks of returning the damaged goods.
6. Disclaimer of Warranties
The Equipment is rented "as is" and Lessor makes no warranties, expressed or implied, with respect to the Equipment, including any warranties of merchantability or fitness for a particular purpose.
7. Limitations of Liability
Lessor's liability for any loss or damage arising from the rental of the Equipment, regardless of cause, shall be limited to the replacement cost of the Equipment. Lessor shall not be liable for any consequential, incidental, punitive, or special damages.
8. Insurance
The Renter is required to maintain general liability insurance naming Birchman Productions as an additional insured in the following situations:
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Rental packages containing equipment from the Camera Category.
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Any rental package exceeding $200 in total value.
9. Replacement and Repair
Birchman Productions is not obligated to replace rented gear if it breaks while in the Renter's possession.
10. Age Restriction
Renters must be at least 18 years old.
11. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
12. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
13. Amendment
Birchman Productions reserves the right to amend these Terms and Conditions at any time. The amended Terms and Conditions will be effective upon posting on the Birchman Productions website.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.