DFI Rentals Rental Agreement
Legal Information
DFI Rentals Rental Agreement
By clicking on the checkbox, you agree to this Rental Agreement (“Agreement”). The terms below describe the rental agreement between DFI Creative Solutions Corp., a California Corporation (“Lessor”) and all Equipment Renters (“Lessee”). DFI Creative Solutions Corp., and Equipment Renters will hereinafter be referred to as the “Parties.”
This Agreement is made effective through clicking on the checkbox denoted by “By clicking here, I agree to the terms and conditions of the Rental Agreement.” by Lessee. By agreeing to this Agreement, the Lessee is bound by this Agreement and all terms and conditions herein, whether or not the Lessee has read them.
Lessor may at their sole discretion modify this Agreement and all terms and conditions therein at any time without notice or consent of Lessee. By signing this Agreement, Lessee indicates acceptance of modified terms and conditions.
This Agreement shall include and be subject to the following terms and conditions:
CONTINUING RENTAL AGREEMENT: Lessee agrees that this Agreement shall apply to any rental of Property by Lessee from Lessor occurring on or after the date of this Agreement even though the specific Property, duration of rental and/or the price for the rental may vary. Lessee acknowledges and agree that the terms and conditions of this Agreement shall continue to apply to all future rental transactions between Lessee and Lessor, without necessity of either party executing a new Rental Agreement.
DESCRIPTION OF PROPERTY: The equipment (“Property”) subject to this Agreement shall be the specific items of Property listed on the Pickup Confirmation or Equipment Rental Invoice prepared by Lessor and given to Lessee at the time of delivery/pick up of the Property to/by Lessee or to a third party at the direction of Lessee. Such Pickup Confirmation and or Equipment Rental Invoice shall be deemed a part of this Agreement, as if fully incorporated herein. It shall be Lessee's sole responsibility to determine that the Property delivered is in accordance with the Packing List or Equipment Rental Invoice and to notify Lessor immediately of any discrepancy therein. Lessor shall not be responsible for any discrepancies not brought to Lessor's attention at the time of delivery.
DELIVERY AND RETURN: For purposes of this Agreement, Lessee shall be deemed to have taken delivery of the Property from the time the Property is set aside from Lessor's general inventory for Lessees use. Lessee shall be deemed to have returned the Property only at such time as Lessee shall have returned the Property to Lessor's receiving department during Lessor's regular business hours and after Lessor shall have accepted the same. Acceptance of equipment by Lessor shall mean that Lessor shall have unpacked the Property from its container, examined it for damages and individually bar code scanned the Property into Lessor's computerized system as returned. The acceptance of the returned Property 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 Property.
USE OF PROPERTY: Lessee shall operate and use the Property in accordance with the manufacturer’s instructions and recommended use and shall neither abuse or misuse the Property nor use or store the Property 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 the shipment, use or storage of the Property to protect the Property and all persons using the Property from injury or damage. The Property shall be used only by qualified employees or agents of Lessee. Lessee shall not make any alterations, changes, modifications or improvements to the Property without the prior written consent of Lessor and Lessee shall not deface, remove or cover any name plate on the Property showing Lessor's name and identification or that of the manufacturer. All Property shall be used in accordance with applicable federal, state or local laws or ordinances
INSPECTION/WARRANTY: Lessee shall inspect the Property immediately on delivery and shall notify Lessor at that time if Lessee determines that the Property is not in good working condition. After such delivery and inspection, Lessee acknowledges that the Property is rented without any express or implied warranty or guarantee of any kind.
RISK OF LOSS/REPAIR/REPLACEMENT COST: From the delivery of the Property to Lessee until its return to Lessor, as those terms are defined herein, including during any time of transit or shipment of the Property per Section 7 below, Lessee shall bear any and all risk of loss and/or damage to the Property regardless of whether such loss or damage may have been caused by Lessee, Lessee's agent, Sublessee, shipper or any third party. If the Property is damaged, such liability shall include Lessor's actual cost of repair and the payment of all continuing rental charges until the repaired Property can be restored to rental use by Lessor. If the Property cannot be timely repaired, then Lessee shall be liable for Lessor's full actual replacement cost for the Property as well as the payment of all continuing rental charges until the Property is replaced and restored to rental use by Lessor. The decision as to whether the damaged Property shall be replaced or repaired shall be solely Lessor's and shall be conclusive on Lessee. If the Property 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 replacement cost of the Property and all continuing rental charges until the replacement Property is restored to rental use by Lessor. Lessor shall be under no obligation to replace or repair Property until Lessee has paid for the damaged, lost or stolen Property. In such event, rental charges for the subject Property 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 replacement cost or cost of repair of damaged, lost or stolen Property. At the 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.
TRANSPORT AND SHIPMENT: In the event the Property rented by Lessee is transported or shipped, 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 Property as those terms are defined in Section 3 of this Agreement, the risk of loss during that transport and shipment shall be solely Lessee's. Lessee, at Lessee's option, shall be entitled to select its own shipper or transport service and shall notify Lessor of that selected shipper or transport service at the time the rental order is placed. If Lessee declines to make such election, and requests transport by a shipper or transport service selected by Lessor, then Lessee shall still remain solely responsible for risk of loss during that transport or shipment and shall continue to maintain insurance on the Property as provided herein. Lessor shall bear risk of loss during transport or shipment only during times when Lessor's own employees are directly handling the transport or shipment.
INDEMNIFICATION: Lessee agrees to defend, indemnify and hold Lessor harmless against any claim, liability, loss, costs, damages, expenses, or demands arising directly or indirectly out of, or in connection with the use of the Property leased from Lessor by Lessee, its agents, servants, sublessees, contractors, representatives, guests, invitees, or customers. In no event shall Lessor be responsible or liable to Lessee or, any agents or representatives of Lessee for any damages, including lost profits, lost savings or other direct or indirect incidental or consequential damages arising out of the use or inability to use any equipment rented or the alleged breach of any agreement described herein, even in the event that Lessor or Lessor’s agents have been advised of the possibility of such damages.
CONJOINED USE OF EQUIPMENT: Lessee acknowledges and agrees that any use of the Property in conjunction with other equipment, whether owned by Lessee or leased from third parties, is at Lessee’s own risk. Lessor shall not be held liable for any damages, losses, or performance issues arising directly or indirectly from such combined use of the Property. Furthermore, Lessor makes no warranties, express or implied, regarding the compatibility or safety of the Property when used in conjunction with any non-Lessor-owned or leased equipment. It is the Lessee's responsibility to ensure the compatibility and safe use of the Property with any other equipment. Lessor will not be responsible for any claims, damages, legal actions, or liabilities that may arise from the combined or conjoined use of the Property with equipment not provided by Lessor.
OWNERSHIP: The Property rented shall remain at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Property. Lessor makes no claims to images, video, or sound recordings made by the lessee while using the Property.
PROPERTY INSURANCE: Lessee shall at all times from the delivery/pick up of the Property to/by Lessee to its return to Lessor, as those terms are defined herein, including during times of shipment and storage, maintain adequate insurance covering the Property from damage or loss from any cause whatsoever. Such insurance shall be in an amount sufficient to cover the full replacement cost of the Property and Lessor's rental charges until the Property is repaired or replaced. Lessor shall be named an additional insured and loss payee on such policy or policies and, upon request by Lessor, Lessee shall provide Lessor with proof of such insurance.
AUTOMOBILE LIABILITY INSURANCE: Lessee shall, at its own expense, maintain business automobile insurance, including coverage for loading and unloading Property and hired auto physical damage insurance covering owned, co-owned, hired and rented or leased vehicles. Coverage for physical damage shall include the perils of comprehensive and collision loss. Lessor shall be named as an additional insured respecting the liability coverage and as loss payee on the hired auto physical damage coverage. The insurance shall provide no less than $1,000,000 in combined single limits, and actual cash value, less a $1,000 deductible for the physical damage on comprehensive and collision coverage.
COMMERCIAL GENERAL LIABILITY INSURANCE: Lessee shall, at its own expense, maintain commercial general liability insurance which includes coverage for independent contractors and contractual liability coverage specifically referring to this Rental Agreement and to the hold harmless agreement herein. Said insurance shall name Lessor as an additional insured and provide that said insurance is primary coverage with respect to all insureds the limits of which must be exhausted before any obligation arises under Lessor's insurance. Such insurance shall remain in effect during the course of the rental agreement, and shall include the following coverages: broad form contractual liability, personal injury liability, completed operations, and products liability. Such insurance shall have provided general aggregate limits of not less than $2,000,000 (including the coverages specified above), personal injury and advertising injury of not less than $1,000,000 and per occurrence limits of no less than $1,000,000.
NOTICE OF INSURANCE: Before obtaining possession of the Property leased, Lessee shall provide Lessor a Certificate of Insurance and applicable endorsements confirming each of the coverages specified above. All Certificates of Insurance shall be signed by an authorized agent or representative of the insurance company. All insurance maintained by Lessee pursuant to the foregoing provisions, shall be issued by an insurance carrier authorized to do business in the State of California with a BEST rating of A- or higher. The failure of Lessor to demand such notice or proof of insurance shall not excuse Lessee from providing it.
NOTICE OF CANCELLATION OF INSURANCE: Lessee shall provide Lessor with thirty (30) days written notice prior to the effective cancellation, material change, or modification to any insurance required to be maintained by Lessee pursuant to the foregoing provisions.
WAIVER OF SUBROGATION: All insurance maintained by Lessee pursuant to the foregoing provisions shall contain a waiver of subrogation against Lessor.
FAILURE TO PROCURE INSURANCE: Should Lessee fail to procure or pay the cost of maintaining in force the insurance specified herein, or to provide Lessor upon request with satisfactory evidence of insurance, Lessor may, but shall not be obliged to, procure the insurance and Lessee shall reimburse Lessor on demand for such costs. Lapse or cancellation of the requirement of insurance shall be an immediate and automatic default of this rental agreement.
SUBLEASE BY LESSEE: The grant by Lessee of a sublease of the Property shall not effect Lessee's obligation to procure insurance for the benefit of Lessor as provided herein nor shall such Sublease otherwise effect or diminish any of Lessee's obligations under this Agreement.
REMOVAL FROM STATE/U.S.: Lessee shall not remove the Property from the State of California without Lessor's prior written consent and approval, nor shall the Property be removed (under any circumstances) from the United States of America. For productions that require the transport of Property from the United States of America to Canada, prior written consent and approval is required, and Lessee shall maintain an adequate insurance policy with such international coverage. Any taxes, duties, and other fees levied on the equipment during international transport shall be the responsibility of Lessee. Lessee must return the Property to Lessor free of any taxes and duties.
ATTORNEYS FEE: 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.
PLACE OF CONTRACT, VENUE AND APPLICABLE LAW: This Agreement shall be deemed entered into at Lessor's principal office located in the County of Los Angeles in the State of California. 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 Los Angeles, State of California, and that California law shall apply in the interpretation of this Agreement.
INCORPORATION BY REFERENCE: This Agreement and any attached or future Equipment Schedules are incorporated by reference and made an integral part of the Agreement. This instrument and any such Equipment Schedules and Equipment Rental Invoices 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 Equipment Schedule(s) shall be binding on any of the parties unless they are also set forth in a writing that is signed by both parties.
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 charge card, shall be final. Lessee and/or charge card holder waive all rights to dispute charges with credit/charge card company and agree to resolve disputes as if the charges were made as cash payments. In the event that the credit/charge 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.
CREDIT CARD AUTHORIZATION: Lessee hereby acknowledges and agrees that any credit/debit card information provided to Lessor may be used for the purpose of processing payments, deposits, rentals, sales, shipping charges, rental extensions, equipment damages, non-payment, or for any additional charges. Should there arise a situation where a charge is not honored by Lessee’s credit card for the any of the above purposes, Lessee unequivocally authorizes Lessor to recover said charges by any means permitted under law, including but not limited to credit card charges, assignment of debt to a debt collector, use of a debt collection agency, court proceedings, or any other applicable means.
TITLE AND OWNERSHIP: This Agreement constitutes a lease and not a sale of the Property 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 of any of the Property. Lessee specifically acknowledges the Lessor's superior title and ownership of the Property and must keep the Property free of all liens, levies and encumbrances.
SURRENDER: Upon the expiration or earlier termination of this lease, Lessee shall return the Property to Lessor in the same condition as at the delivery/pickup to/by Lessee, ordinary wear and tear excepted. Lessee does hereby grant Lessor an option to terminate this agreement on twenty-four hours notice.
INSPECTION: Lessor shall have the right to inspect the equipment or observe its use at all reasonable times.
TERMS OF RENTAL: Unless otherwise specified in writing, the Property shall be leased on a day-to-day basis and all rates shall apply to each full day or any fraction thereof which has elapsed between the time the Property is delivered/picked up to/by Lessee and the time it is returned to Lessor. Lessee agrees to return the Property on the date and time specified on the equipment schedule. If Lessee fails to return the Property by the return date specified, Lessee is liable for the daily rental cost of the Property until it is returned. Unless otherwise stated in writing, a full additional day's rental will be charged for any Property not returned by 11:30AM on the due date. The rental fee payable for any item of Property shall be the Lessor's standard daily rental rate for such equipment. Lessor's standard daily rates are subject to change at any time without notice. Lessor may discount rates upon their discretion. Discounts may be revoked at any time. All rates are FOB Lessor, and Lessee is responsible for all shipping and delivery charges. All Equipment shall be returned freight prepaid, FOB destination. No allowance will be made for items delivered to but not used by Lessee.
PAYMENT AND CHARGES: Rental rates are offered to Lessee based upon Lessee's credit information available to Lessor at time of rental. If Lessee's credit information is incorrect or changes during the course of a rental, Lessor may revise the applicable rate without notice. Lessee agrees rental invoices and loss or damage invoices are payable upon receipt of invoices or use of the equipment. 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 Property. In no event is Lessee relieved from payment of rental invoices.
INTEREST CHARGES: Monetary balances unpaid by Lessee and unpaid claims by Lessor against Lessee shall bear interest at the rate of five (5) percent per week until paid; provided, however, that if such interest rate exceeds the maximum amount allowed under the laws of the State of Lessor's applicable rental office then that maximum amount shall instead apply.
CANCELLATION: 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 order. Cancellation is subject to payment of the entire rental period or forfeiture of deposit, whichever is greater. Lessor reserves the right to cancel any rental, for any reason, at any time before any lease term begins.
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: a) Recover from Lessee all sums then due; b) Repossess the Property (by entering upon Lessee's premises, if necessary) without liability for trespass, or responsibility with respect to the Property or to any article left in or attached to same; and recover from Lessee all damages sustained by Lessor as a result thereof; c) 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; d) Retain, free from any claim by Lessee, all payments or other property theretofore received under this Agreement. e) Recover from Lessee all expenses incurred by Lessor in protection of its rights under this Agreement, including, without limitation, attorneys fees, court costs, and costs of location, repossessing, debt collection agency fees, repairing, reconditioning and storing the Property.
BANKRUPTCY: Neither this Agreement nor the Property 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 Property, Lessor shall have and may exercise any one or more of the remedies set forth in Section 31(DEFAULT) 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 Property.
LOCATION-BASED TRACKING DEVICE CONSENT: Lessee hereby acknowledges that leased Property may include a location-based tracking device (“Device”). The Device is used to monitor and track the physical location of the Property for security and asset management purposes. Lessee hereby consents and agrees to the use of Device by Lessor, its agents, employees, and any other third party Lessor may appoint for the purpose of tracking the Property during this Agreement. Lessee understands and consents that the Property’s location data may be accessed, collected, stored, and used by Lessor. Lessee acknowledges and agrees that they will not attempt to temper with, disable, or otherwise interfere with the Device or its functioning. Lessee will be held responsible for any costs, damages or losses resulting from any unauthorized interference with the Device. Lessee further acknowledges and agrees to hold harmless Lessor for any consequences, damages, or claims arising from the use of Device, including, but not limited to, any potential invasion of privacy, any unauthorized third-party access to the location data, and any malfunctions of the Device.
MARKETING COMMUNICATIONS. Lessee hereby expressly consents to receive marketing communications, including but not limited to emails, text messages, and telephone calls, from DFI Creative Solutions Corp., in connection with Lessor's services, promotions, news, and updates. This consent extends to the use of the contact information provided by Lessee at the time of rental agreement execution or as updated by Lessee from time to time.
Lessee acknowledges and agrees that:
Types of Communications: The communications may include, but are not limited to, offers, promotions, information about new products and services, updates on existing products and services, and other marketing-related material.
Method of Communication: Communications may be sent via email, text messages, or telephone calls, as per the contact details provided by Lessee.
Opt-Out Option: Lessee will have the option to opt-out of receiving marketing communications at any time by following the unsubscribe instructions provided in the communications or by contacting Lessor directly. Opting out of marketing communications does not affect Lessee’s receipt of business communications that are important to the user's interaction with Lessor, such as rental confirmations or updates about the status of a rental transaction.
Data Protection and Privacy: Lessor will handle Lessee’s contact information in accordance with Lessor's Privacy Policy, which governs the collection, processing, and use of personal data.
SEVERABILITY: The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
HEADINGS: The headings as to the content of particular paragraphs of this agreement are inserted for convenience and reference only and shall not be construed as part of this agreement nor be considered in construing the terms thereof.
GOVERNING LAWS: This Agreement shall be enforced according to the laws of the State of California
COUNTERPARTS. This Agreement may be executed in counterparts, all of which shall constitute a single agreement.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel struct compliance with every provision of this Agreement.
ELECTRONIC SIGNATURE PERMITTED. Facsimiles and PDF versions of signatures of this Agreement will be deemed to be original signatures and will be acceptable to the Parties to this Agreement for all purposes. In addition, transmission by electronic mail of a PDF document created from the originally signed document will be acceptable to the Parties to this Agreement for all purposes.
ACKNOWLEDGEMENT OF UNILATERAL AGREEMENT. Lessee hereby acknowledges and agrees that this Agreement is unilateral in nature. It is specifically agreed by the Lessee that no further affirmation, consent or signature from Lessor or any other party is required to validate this Agreement. The Lessee accepts that upon their signing of this Agreement, it shall become legally binding and fully effective. Lessee recognizes their sole responsibility in abiding by all terms and conditions herein, and acknowledges that the Agreement is formed exclusively by their acceptance and action of signing. This Agreement’s execution and effectiveness solely depend on the Lessee’s signature, and no further acceptance or conformation by the Lessor or any other party his necessary.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersedes any prior oral or written agreement between the parties with respect to the subject matter. No alteration, additions, amendments, or modifications to this agreement shall be binding unless made in writing and executed by Lessor.
By clicking “I agree to the terms and conditions of the Rental Agreement,” LESSEE agrees to the above terms and conditions. Lessee warrants that the individual booking this rental has full authority to enter into this Agreement and/or sign this Agreement on behalf of a corporate or like business entity if applicable.