This Equipment Rental Agreement (“Agreement”) is made effective by and between PLAY Event Rentals, a division of Tony Schwartz Productions, LLC, (“Lessor”) and the lessee identified on the rental order sheet (“Lessee”). Lessee agrees to be bound by this Equipment Rental Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Rental Agreement and all the Terms and Conditions therein at any time. Now, therefore,
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.
2. DESCRIPTION OF PROPERTY: The equipment (“Equipment”) subject to this Agreement shall be the specific items of Equipment listed on the Rental Order Sheet prepared by Lessor and given to Lessee at the time of delivery of the Equipment to Lessee or to an authorized third party at the direction of Lessee. Such Rental Order Sheet shall be deemed a part of this Agreement, as if fully incorporated herein. It shall be Lessee’s sole responsibility to determine that the Equipment delivered is in accordance with the Rental Order Sheet and to notify Lessor immediately of any discrepancy thereon. Lessor shall not be responsible for any discrepancies not brought to Lessor’s attention at the time of delivery.
3. DELIVERY AND RETURN: For purposes of this Agreement, Lessee shall be deemed to have taken “delivery” of the Equipment from the time the Equipment is set aside from Lessor’s general inventory for Lessee’s use. Lessee shall be deemed to have “returned” the Equipment only at such time the Equipment has returned to Lessor’s office during Lessor’s regular business hours, and after Lessor shall have accepted the same. “Acceptance” by Lessor shall mean that Lessor shall have examined the Equipment for damages and individually barcode scanned the Equipment into Lessor’s computerized system as “returned”. The acceptance of the returned Equipment is not a waiver by the Lessor of any claims Lessor may have against Lessee, nor a waiver of claims for latent or after-discovered damage to the Equipment.
4. TRANSPORTATION: In the event the Equipment rented by Lessee is transported, whether from Lessor to Lessee, or to any third party or location, or upon its return to Lessor, or at anytime between “delivery” and “return” of the Equipment as those terms are defined in Section 3 of this Agreement, the risk of loss during that transport shall be solely Lessee’s. Lessor shall bear risk of loss during transport only during times when Lessor’s own employees are directly handling the transport.
5. TERM: Unless otherwise specified in writing, the terms of this lease shall begin upon the delivery of the Equipment and shall end upon the return of the Equipment by Lessee and the acceptance of the Equipment by Lessor. If Lessee fails to return the Equipment by the return date specified, Lessee is liable for the daily rental cost of the Equipment until it is returned. Unless otherwise stated in writing, a late fee of the Lessors’ standard daily rental rate will be charged for each day any Equipment is not returned to the Lessor by Noon after the return date specified. Lessor’s standard daily rales are subject to change at any time without notice. Lessor may discount rates upon their discretion. Discounts may be revoked at any time. No allowance will be made for Equipment delivered to but not used by Lessee.
6. RENTAL PAYMENTS: Lessee agrees rental invoices, and loss or damage invoices, are payable before use of the Equipment or upon receipt of invoices. Any discounts granted by Lessor may be revoked at any time after thirty (30) days. If credit card is supplied by Lessee to Lessor, Lessee acknowledges and grants Lessor the unequivocal right to recover from Lessee’s credit card immediately and/or consecutively any charges or amounts due Lessor until paid in full. Lease payment may not be applied to the purchase or repair or replacement cost of the Equipment.
7. SECURITY DEPOSIT: Lessor may, at Lessor’s option, require Lessee to give Lessor a security deposit in an amount determined by Lessor. Said security deposit, if done by credit and/or debit card, shall be final. Lessee and/or cardholder waive all rights to dispute charges with credit/debit card company and agree to resolve disputes as if the charges were made as cash payments. In the event that the credit/debit company fails to honor Lessor’s charges for any reason, or if the credit charge or credit available shall be insufficient to cover the claims of Lessor under this Agreement, Lessee shall remain absolutely liable for the full amount of the claims. The election by Lessor to request and accept a security deposit in lieu of a proof of insurance certificate from Lessee, or for any other reason, does not constitute a waiver or limitation by Lessor of any of Lessor’s rights or Lessee’s obligations under this Agreement.
8. LATE RETURNS: Late returns are penalized a maximum daily penalty equivalent to the daily rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.
- In the event the Equipment is not returned 3 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.
9. USE OF EQUIPMENT: Lessee shall operate and use the Equipment in accordance with the manufacturer’s instructions and recommended use and shall neither abuse or misuse the Equipment nor use or store the Equipment in any manner or at any location which will subject it to abnormal or hazardous conditions or risk. Lessee will take all necessary precautions during transportation, use or storage of the Equipment to protect the Equipment and all persons using the Equipment from injury or damage. The Equipment shall be used only by properly qualified persons who are employees of Lessee and Lessee’s clients, and independent contractors engaged by Lessee or by Lessee’s clients. Lessee shall not make any alterations, changes, modifications or improvements to the Equipment without the prior written consent of Lessor and Lessee shall not deface, remove or cover any nameplate on the Equipment showing Lessor’s name and identification or that of the manufacturer. All Equipment shall be used in accordance with applicable federal, state or local laws or ordinances.
10. FITNESS OF EQUIPMENT: Lessee acknowledges that Lessee has made its own selection of the Equipment, and has not relied upon the suggestions or representations of Lessor. Lessor makes no express or implied warranty or representation whatsoever with respect to the fitness of the Equipment for any particular purpose, or the performance of the operation of any Item. Lessee assumes entire responsibility that the Equipment selected by Lessee is the type needed for Lessee’s intended purpose.
11. LOCATION OF EQUIPMENT: Lessee shall keep the Equipment in Lessee’s safe custody and control anytime between “delivery” and “return” of the Equipment as those terms are defined in Section 3 of this Agreement.
12. WARRANTY OF EQUIPMENT: Lessee shall inspect the Equipment immediately on delivery and shall notify Lessor at that time if Lessee determines that the Equipment is not in good working condition. After such delivery and inspection, Lessee acknowledges that the Equipment is rented without any express or implied warranty or guaranty of any kind.
13. INSPECTION BY LESSOR: Lessor may inspect the Equipment during reasonable hours and enter the premises where the Equipment may be located for such purpose.
14. INSURANCE: Lessee shall, immediately upon signature hereof, insure the Equipment for the full replacement value and keep the Equipment insured throughout the term against loss or damage by accident, fire or theft, with an insurance company and for a sum approved by Lessor under a comprehensive liability policy in the name of Lessor and Lessee shall furnish to Lessor, upon demand, copies of a certificate evidencing such insurance. Lessee hereby irrevocably appoints Lessor as the agent for the purpose of receiving all monies under any applicable insurance policy, to be applied for Lessor’s sole benefit.
15. MAINTENANCE OF EQUIPMENT: Lessee shall maintain the Equipment in good repair, condition, and working order, and shall pay all costs to Lessor for damages which occur while the Equipment is in Lessee’s custody. Lessee shall immediately notify Lessor of any defect or failure of any Item to operate properly.
16. CANCELLATION BY LESSOR: Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.
17. SURRENDER OF EQUIPMENT: Upon the expiration or earlier termination of this lease, Lessee shall return the Equipment to Lessor in the same condition as at the delivery to Lessee, ordinary wear and tear excepted. Lessee does hereby grant Lessor an option to terminate this agreement on twenty-four hours notice.
18. CANCELLATION BY LESSEE: In the event of cancellation, charges may apply in consideration of Lessor’s preparing, holding in reserve or sub-renting equipment on Lessee’s behalf. Lessor shall be entitled to compensation for any losses sustained because of full or partial cancellation of the order. Lessee hereby agrees to and understand our cancellation policy.
- In the event of cancellation, the 25% payment to reserve the equipment is forfeited.
- An additional payment of 50% of the balance due will be charged if 14 days notice has not been given prior to the scheduled check-out date.
- The balance due will be charged for cancellations on the scheduled check-out date. Failure to appear during normal business hours (a.k.a. a “no-show”) is deemed a cancellation.
19. OWNERSHIP: This Agreement constitutes a lease and not a sale of the Equipment or the creation of a security interest therein. No part of the rental payments made under this Agreement shall be deemed payment towards the purchase or repair costs of any of the Equipment. Lessee specifically acknowledges the Lessor’s superior title and ownership of the Equipment and must keep the Equipment free of all liens, levies, and encumbrances. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.
20. SUBLEASE BY LESSEE: The grant by Lessee of a sublease of the Equipment shall not affect Lessee’s obligation to procure insurance for the benefit of Lessor as provided herein nor shall such Sublease otherwise affect or diminish any of Lessee’s obligations under this Agreement.
21. MODIFICATION OF EQUIPMENT: Lessee shall keep the Equipment in good repair and condition. Without Lessor’s prior written consent, Lessee shall not make any alterations, additions, or improvements to the Equipment whatsoever. 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.
22. CLEANING FEE: 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, and/or any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory.
23. DAMAGE AND/OR LOSS OF EQUIPMENT: From the delivery of the Equipment to Lessee until its return to Lessor, as those terms are defined herein, including during any time of transit of the Equipment per Section 4 of this Agreement, Lessee shall bear any and all risk of loss and/or damage to the Equipment regardless of whether such loss or damage may have been caused by Lessee, Lessee’s agent, Sublessee, or any third party. If the Equipment is damaged, such liability shall include Lessor’s actual cost of repair and the payment of all continuing rental charges until the repaired Equipment can be restored to rental use by Lessor. If the Equipment cannot be timely repaired, then Lessee shall be liable for Lessor’s full actual new replacement cost for the Equipment as well as the payment of all continuing rental charges until the Equipment is replaced and restored to rental use by Lessor. The decision as to whether the damaged Equipment shall be replaced or repaired shall be solely Lessor’s and shall be conclusive on Lessee. If the Equipment is lost, stolen or seized (by a third party or governmental agency) while in the possession of Lessee or any agent or Sublessee of Lessee, or any carrier or storage facility. Lessee shall be liable for the full new replacement cost of the Equipment and all continuing rental charges until the replacement Equipment is restored to rental use by Lessor. Lessor shall be under no obligation to replace or repair Equipment until Lessee has paid for the damaged, lost or stolen Equipment. In such event, rental charges for the subject Equipment shall continue to accrue until Lessee has paid for the lost, stolen or damaged Property or until repairs are completed. Accrued rental charges cannot be applied against the new replacement cost or cost of repair of damaged, lost or stolen Equipment. If the Equipment in question is no longer replaceable by the same make and model, Lessee shall compensate Lessor for a model equal in monetary value, features and performance of the lost, stolen or damaged Equipment.
24. PERSONNEL: In the event, Lessor provides Lessee any personnel at any point, the Personnel supplied by Lessor shall act in the capacity of “Technical Engineers”. It is acknowledged and agreed by Lessor that in performing any personnel services, Lessor’s Personnel will be acting under the direct supervision and control of Lessee and not by Lessor. Lessee shall be solely responsible for providing such supervision and control as will protect the Personnel, the Equipment, and third parties from injury or loss. In view of such supervision and control by Lessee, Lessor and Lessor’s Personnel shall have liability only for the willful misconduct or gross negligence of its Personnel.
25. DEFAULT: In the event Lessee shall fail to make any of the lease payments when due or shall fail to perform any other covenant or condition hereof to be performed by Lessee or any of the events described in this Agreement, Lessor may, in addition to all other remedies provided by law, exercise any one or more of the following, with or without demand, notice or legal process:
- Recover from Lessee all sums then due;
- Repossess the Equipment (by entering upon Lessee’s premises, if necessary) without liability for trespass, or responsibility with respect to the Equipment or to any article left in or attached to same; and recover from Lessee all damages sustained by Lessor as a result thereof;
- Recover from Lessee any and all damages which Lessor shall have sustained by reason of non-performance by the Lessee of the terms and conditions of this Agreement;
- Retain, free from any claim by Lessee, all payments or other property theretofore received under this Agreement;
- Recover from Lessee all expenses incurred by Lessor in the protection of its rights under this Agreement, including, without limitation, attorney’s fees, court costs, and costs of location, hiring outside debt collection firms or private investigators, repossessing, repairing, reconditioning and storing the Equipment. These remedies are not exclusive.
26. BANKRUPTCY: Neither this Agreement nor the Equipment 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 makes any assignment for the benefit of his creditors or if a writ of attachment or execution is levied on any item or items of 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 any item or any item or items of the Equipment, Lessor shall have and may exercise any one or more of the remedies set forth in Section 25 hereof. This Agreement 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 and Lessor shall recover from Lessee any and all costs or damages associated with recovery of the Equipment.
27. INTEREST CHARGES: Monetary balances unpaid by Lessee and unpaid claims by Lessor against Lessee shall bear interest at the rate of 10 percent per month until paid; however, if such interest rate exceeds the maximum amount allowed under the laws of the State of Washington then that maximum amount shall instead apply.
28. MISSING ACCESSORIES: In the event of any missing accessories (cables, power cords, cases, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items.
29. LESSEE’S WARRANTIES: Lessee warrants (a) that this lease has been duly authorized, executed, and delivered by Lessee; (b) that the related financial and other information now or subsequently provided Lessor shall be true and complete; and (c) Lessee has the right, power and authority to fully perform each of Lessee obligations as set forth herein.
30. MALFUNCTIONING EQUIPMENT: 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.
31. TAXES OR DUTIES: The Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such is levied against the Equipment, renter agrees to reimburse Lessor in full for those charges.
32. ADDITIONAL DOCUMENTS: Lessee shall provide Lessor with such documents as Lessor shall reasonably request to confirm or protect Lessor’s interests in the lease and the Equipment.
33. REMOVAL FROM STATE/U.S.: Lessee shall not remove the Property from the State of Lessor’s applicable Rental Office without Lessor’s prior written consent, nor shall the Property be removed (under any circumstances) from the United States of America.
34. SEVERABILITY AND GOVERNING LAWS: The provisions of this Agreement shall be severable so that the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions. This Agreement shall be deemed entered into at Lessor’s principal office located in the County of Pierce in the State of Washington. In the event of any dispute between the parties, Lessor and Lessee agree that venue in legal action between them shall be in the Superior Court for the County of Pierce, State of Washington, and that State of Washington law shall apply in the interpretation of this Agreement.
35. LIABILITY: Lessee assumes all liability that may arise from use or failure of the equipment.
36. INDEMNITY: Lessor shall not be responsible to Lessee or any third party for any tort or other liability whatsoever in connection with the Equipment, its operation or failure of operation. Lessee shall indemnify, defend and hold Lessor harmless against any liabilities, claims, actions and expenses, including court costs and attorney and legal expenses, incurred by or asserted against Lessor in any way relating to the manufacture, purchase, ownership, delivery, lease possession, use, operation, condition, return or other disposition of the Equipment by Lessor or Lessee or otherwise related to this lease, including any claim alleging latent or other defects or loss of profits in connection with the use or failure of operation of any Item.
37. COLLECTION AND LEGAL FEES: Lessee hereby agrees to pay all of Lessor’s attorney’s fees and costs actually incurred by Lessor in enforcing the Terms and Conditions of this Agreement, regardless of whether or not a legal action is filed.
38. INCORPORATION BY REFERENCE: This Agreement and any attached Rental Order Sheets are incorporated by reference and made an integral part of the Agreement. This instrument and any such Equipment Schedules constitutes the complete agreement between the parties as to the issues covered herein. Further, no agreements, representations, or warranties other than those specifically set forth in this Agreement or in the attached Rental Order Sheet shall be binding on any of the parties unless they are also set forth in a writing that is signed by both parties.
39. ADDITIONAL PROVISIONS: This lease constitutes the entire agreement between Lessor and Lessee and shall not be amended except by a writing signed by both parties. Nothing contained in this lease shall be construed to constitute a partnership or joint venture between the parties, and neither shall be bound by any representation, act or omission of the other. The failure of Lessor to insist upon strict adherence to any provision of this agreement shall not be construed as a waiver or deprive Lessor of the right thereafter to insist upon strict adherence to that provision or any other provision of this agreement.
40. NOTICE: This equipment may cause injury or permanent damage to your hearing or sight if used improperly. Lessee understands the equipment is used at his/her own risk and Lessor holds no responsibility or liability whatsoever.
LAST UPDATED: January 31, 2018