IRMODS | GHOST GEAR PRO | FILM GEAR PRO RENTAL AGREEMENT
THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by clicking on the “I agree, submit this order” button, by and between IRmods/GhostGear/FilmGear Pro Rentals, (“Lessor”) and current user (“Lessee”). By clicking on the “I agree, submit this order” button, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. IRmods/GhostGear/FilmGear Pro Rentals may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “I agree, submit this order” button, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE,
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.
2. IRmods/GhostGear/FilmGear Pro Rentals hereby leases to Lessee, and Lessee hereby leases from IRmods/GhostGear/FilmGear Pro Rentals, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.
Return shipping charges and labels are included in the rental purchase price for your convenience.
IRmods/GhostGear/FilmGear Pro Rentals cannot guarantee a specific time or date for delivery. Any shipping time given by IRmods/GhostGear/FilmGear Pro Rentals is only an estimate given by the shipper and is usually between 2-3 days with tracking provided.
Use, by Lessee, of shipping methods other than those arranged for by IRmods/GhostGear/FilmGear Pro Rentals is a violation of these terms, and may result in the application of late fees.
The term of this lease shall commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be returned to the chosen Shipper by the end of business on the last day of the term of the lease.
Rent and a deposit, if applicable, must be paid in advance, in full.
6. Late Returns:
Late returns are penalized a maximum daily penalty equivalent to 25% of the 4-day rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with IRmods/GhostGear/FilmGear Pro Rentals.
In the event, the rental is not returned 7 days after the due date and IRmods/Ghost Gear Pro Rentals 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 IRmods/GhostGear/FilmGear Pro Rentals is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
IRmods/Ghost Gear Pro Rentals reserves the right to pursue all civil and criminal remedies in the case of the unreturned or lost equipment.
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.
8. Cancellation by IRmods/GhostGear/FilmGear Pro Rentals:
IRmods/GhostGear/FilmGear Pro Rentals reserves the right to cancel any order, for any reason, at any time before delivery occurs.
9. Cancellation by Lessee:
Lessee may cancel an order at any time, for any reason until IRmods/GhostGear/FilmGear Pro Rentals transfers possession of the Equipment to the Shipper.
The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. IRmods/GhostGear/FilmGear Pro Rentals makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.
11. 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 IRmods/GhostGear/FilmGear Pro Rentals in restoring the Equipment to its normal condition.
Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease.
Unless pre-existing damage is reported to IRmods/GhostGear/FilmGear Pro Rentals 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.
If there is a dispute between IRmods/GhostGear/FilmGear Pro Rentals and Lessee as to whether damage occurred in possession of the Shipper, the equipment may 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, IRmods/GhostGear/FilmGear Pro Rentals shall choose the repair method and venue, within reason.
If IRmods/Ghost Gear Rentals chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.
IRmods/Ghost Gear Pro Rentals may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for IRmods/GhostGear/FilmGear Pro Rentals' 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 IRmods/GhostGear/FilmGear Pro Rentals' discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
Mud or dirt
Chalk or powder
Any other matter that must be removed from the Equipment before it is placed back in IRmods/GhostGear/FilmGear Pro Rentals' inventory
12. 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.
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 IRmods/GhostGear/FilmGear Pro Rentals for the replacement value of the Equipment.
IRmods/Ghost Gear Pro Rentals 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 days of the expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
In case of a dispute over whether the Lessee returned the Equipment:
If the tracking information for the return shipping label provided by IRmods/GhostGear/FilmGear Pro Rentals does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment is considered unreturned.
If Lessee used an alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned. 2. IRmods/GhostGear/FilmGear Pro Rentals shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment. 3. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in 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 IRmods/GhostGear/FilmGear Pro Rentals in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
IRmods/GhostGear/FilmGear Pro Rentals 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.
16. Missing Accessories:
In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to IRmods/GhostGear/FilmGear Pro Rentals for the replacement cost of the missing items.
IRmods/GhostGear/FilmGear Pro Rentals does not assume, and the customer indemnifies IRmods/GhostGear/FilmGear Pro Rentals 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. All rented equipment is tested by IRmods/GhostGear/FilmGear Pro Rentals prior to equipment being shipped out.
18. Shipping Delays & Malfunctioning Equipment
In the case of a shipping delay or malfunctioning Equipment, IRmods/GhostGear/FilmGear Pro Rentals' only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning or delayed in transit. IRmods/GhostGear/FilmGear Pro Rentals shall not be responsible for any consequential or incidental damages resulting from malfunctions or shipping delays.
19. 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, the renter agrees to reimburse IRmods/GhostGear/FilmGear Pro Rentals in full for those charges.
The Equipment remains at all times the sole and exclusive property of IRmods/GhostGear/FilmGear Pro Rentals. The Lessee has no rights or claims to the Equipment. IRmods/GhostGear/FilmGear Pro Rentals does not have or make any claim to images, video, or sound recordings made by the Lessee while using the Equipment.
21. Severability and Governing Laws:
This represents the entire agreement between IRmods/GhostGear/FilmGear Pro Rentals 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. The agreement shall be enforced according to the laws of the State of California. IRmods/GhostGear/FilmGear Pro Rentals and Lessee agree that the United States District Court shall have exclusive jurisdiction over any dispute between the parties of this Lease.