Rental Damage Waiver Terms and Conditions

By clicking on the checkbox denoted by "By clicking here, I agree to the terms and conditions of the damage waiver (DFICover)" you agree to the following terms and conditions ("Agreement"). The terms below describe the agreement between DFI Creative Solutions Corp., a California Corporation ("Lessor") and all Equipment Renters ("Lessee").

This Agreement is made effective through clicking on the checkbox by Lessee. By agreeing to this Agreement, Lessee is bound by this Agreement and all terms and conditions herein.

Disclaimer

DFI Creative Solutions Corp. (DBA: DFI Rentals) is not an insurance provider, agent, or broker. DFI Rentals is not licensed as an insurance provider, broker, or agent in any state or country. DFI Cover is not an insurance policy. The Damage Waiver option is subject to the terms and conditions of this Agreement and the DFI Rentals Rental Agreement.

Coverage Overview

I, the undersigned Lessee of equipment from DFI Creative Solutions Corp., assume all responsibility and will be liable for all damage to, theft of, or loss of the equipment while rented. In order to reduce my exposure for such liability, DFI Creative Solutions Corp. offers a Damage Waiver ("DW"), also known as "DFI Cover," that will reduce (but not eliminate) my responsibility for accidental damage and theft to the rented equipment up to the specified coverage limit purchased.

In return for paying the cost of DW, so long as I fully comply with the terms and conditions of this Agreement and the Rental Agreement, Lessor will be financially responsible for the accidental damage or theft of the rented equipment, up to the coverage limit purchased, for the duration of the stated damage waiver period.

DFI Cover only applies to: (1) accidental or unintentional physical damage to the rented equipment, and (2) theft of the rented equipment (with a filed police report required). All other forms of loss, disappearance, or shortage are the sole responsibility of the Lessee.

Coverage Limits

DFI Cover will cover the cost of repair or replacement of damaged or stolen equipment up to the coverage limit selected and purchased by the Lessee at the time of rental. If the cost of repair or replacement exceeds the purchased coverage limit, the Lessee shall be liable for the remaining balance above the coverage limit.

Deductible

In the event of a covered damage or theft claim, the Lessee will be subject to a deductible of $1,000.00 USD. The deductible is immediately due to DFI Creative Solutions Corp. upon reporting or discovery of any damage and/or theft. If the Lessee does not remit payment of the deductible, DFI Creative Solutions Corp. reserves the right to charge the Lessee's payment method on file or attempt to collect the debt using alternative methods. In the event that DFI Creative Solutions Corp. is required to pursue collection through alternative methods, including but not limited to collection agencies, attorneys, or legal proceedings, the Lessee shall be fully responsible for all costs associated with such collection efforts, including but not limited to collection fees, attorney's fees, court costs, and any other expenses incurred in the recovery of the outstanding debt.

Definition of Damage vs. Normal Wear and Tear

DFI Creative Solutions Corp. considers major scratches, scuffs, dents, broken pieces, cracked components, or other significant physical damage caused unintentionally or accidentally to constitute "damage" under DFI Cover.

Normal wear and tear, defined as minor scratches, scuffs, or dents on non-optical equipment surfaces, is not considered damage and is not covered by DFI Cover.

Exception for Optics and Lenses: Any scratches, scuffs, dents, chips, cracks, or other physical marks on optical elements, lenses, lens coatings, or glass surfaces are always considered damage and are never classified as normal wear and tear, regardless of severity. Lessee is responsible for protecting all optical surfaces during the rental period.

The determination of whether damage is accidental or constitutes normal wear and tear is at the sole discretion of DFI Creative Solutions Corp.

EXCLUSIONS

IMPORTANT NOTICE: The coverage limitations set forth below are subject to Lessee's compliance with all obligations under this Agreement and the Rental Agreement. Even if DFI Cover is purchased, Lessee agrees that they will be responsible for the full amount of damages to, loss of, or theft of the rented equipment if they fail to comply with all obligations under this Agreement and the Rental Agreement.

A violation of this Agreement shall exist and DFI Cover is void and shall not apply to the following situations:

1.     Intentional Damage or Willful Misconduct. Damage and/or theft caused intentionally or as a result of willful and wanton misconduct.

2.     Negligence or Recklessness. Damage, theft, or loss that is a result of the Lessee's or any other party's negligence or recklessness, including but not limited to failure to exercise reasonable care in the handling, storage, transportation, and use of the rented equipment.

3.     Mysterious Disappearance or Unexplained Loss. Loss, shortage, or disappearance of any items included in the rental that cannot be explained by a documented incident of accidental damage or a documented theft (with police report). This includes but is not limited to: items not returned at the end of the rental period with no explanation; items the Lessee claims to have "lost" or "cannot find"; partial returns where pieces or components are missing without evidence of damage or theft; and any mysterious or unexplained disappearance of equipment. DFI Cover does not cover missing equipment unless the loss is the direct result of a documented theft supported by a police report.

4.     Voluntary Parting or Transfer of Custody. Damage, theft, or loss resulting from the Lessee voluntarily parting with possession or control of the equipment, including but not limited to lending, gifting, or otherwise transferring custody of the rented equipment to any third party.

5.     Subleasing or Unauthorized Third-Party Use. If DFI Creative Solutions Corp. determines that the rented equipment was subleased, re-rented, or otherwise provided to a third party for use without the prior written consent of DFI Creative Solutions Corp., DFI Cover is immediately null and void. The Lessee shall be fully liable for any and all damage, theft, or loss of the equipment, regardless of whether DFI Cover was purchased.

6.     Occurrence Outside of the United States. Damage, theft, or loss that occurred outside of the United States.

7.     Environmental Exposure. Damage caused by or resulting from exposure to water, moisture, humidity, rain, flooding, sand, dust, gas, dirt, mud, smoke, or any other environmental contaminant. Lessee is responsible for protecting the rented equipment against environmental exposure at all times during the rental period.

8.     Temperature and Climate Conditions. Damage resulting from dampness, dryness, or extremes of temperature, including but not limited to condensation, heat damage, or cold damage.

9.     Acts of God. Damage or loss caused by an Act of God, defined as a natural hazard outside human control, including but not limited to earthquakes, floods, hurricanes, tornadoes, lightning strikes, wildfires, volcanic eruptions, tsunamis, or any other instance of uncontrollable natural forces.

10.  Damage or Theft During Transit by Third-Party Carrier. Damage, theft, or loss that occurred during travel, transit, shipment, or delivery of the rented equipment while being transported by a third-party carrier or shipping service, including but not limited to UPS, FedEx, USPS, DHL, local courier services, freight carriers, or any other shipping or delivery provider. The equipment must be in the direct custody and control of the Lessee for DFI Cover to apply. If equipment is damaged, lost, or stolen while in the possession of a third-party carrier, the Lessee should pursue a claim directly with that carrier.

11.  Employee, Associate, or Contractor Theft. Theft by an employee of the Lessee, an associate of the Lessee, a service provider or contractor hired by the Lessee, or any other authorized person acting on behalf of or in connection with the Lessee.

12.  Theft from Unattended or Unlocked Vehicles. Theft from any unattended vehicle, or theft from a vehicle without evidence of forced entry (i.e., windows, doors, and compartments must have been closed and locked at the time of the theft, with visible signs of forced entry).

13.  Theft of Unattended Equipment. Theft of equipment that was left unattended and not under the direct supervision or reasonable secured custody of the Lessee at the time of the theft.

14.  Fraud or Misrepresentation. The rental agreement or acceptance of this Agreement is based on fraudulent or material misrepresentation by the Lessee.

15.  Governmental Action and Other Causes. Damage caused by governmental action, hidden or latent defect, rust, oxidation, corrosion or discoloration, mechanical breakdown, false pretense, insects, vermin or animals, processing or work upon the property, and unauthorized transfer.

16.  Manufacturer's Defects. Manufacturer's defects, or product or mechanical failure, not caused by the Lessee.

17.  Loss of Use, Income, or Time. Loss of use of rented equipment incurred by the Lessor or Lessee; loss of income, loss of time, or any other monetized loss or cost related to the rented equipment that may be incurred by the Lessor or Lessee.

18.  Normal Wear and Tear. As defined in the "Definition of Damage vs. Normal Wear and Tear" section above.

In those circumstances where any of the above exclusions apply, the Lessee accepts full responsibility for damage to, loss of, or theft of the rented equipment and any liability for the repair or replacement cost of the equipment.

INCIDENT REPORTING REQUIREMENTS

Theft: In the event of theft, the Lessee must report the theft to DFI Creative Solutions Corp. within twenty-four (24) hours of the occurrence or discovery of the theft. Failure to report within this timeframe may result in the denial of the claim. A police report must also be filed within this time frame.

Damage: In the event of damage to the rented equipment, the Lessee must declare and report the damage upon return of the equipment. DFI Creative Solutions Corp. also conducts quality control (QC) inspections upon the return of all equipment, and any damage discovered during QC will be documented and attributed to the Lessee's rental period.

Loss or Missing Items: Any items that are missing or not returned at the end of the rental period must be reported immediately upon return. As stated in the Exclusions, mysterious disappearance or unexplained loss is not covered by DFI Cover, and the Lessee will be fully liable for the replacement cost of any missing items.

Theft Claim Requirements

All claims of theft require the following:

1)    A copy of a filed police report.

2)    Confirmation of the police report filing and a criminal investigation by law enforcement.

3)    Any additional information, footage, or evidence that can help provide details of the theft for DFI Creative Solutions Corp.'s investigation of the claim.

The determination of whether a theft has occurred is at the sole discretion of DFI Creative Solutions Corp., based on an investigation by law enforcement and DFI Creative Solutions Corp.'s own investigation, which may include contracting investigative services by private investigators and other third parties.

Determination of Claims

DFI Creative Solutions Corp. will conduct an investigation of all claims and, at its sole discretion, determine whether DFI Cover applies. The determination of whether damage is accidental, whether a theft occurred, whether an exclusion applies, and the valuation of the equipment (including the cost of repair or replacement and the selection of the repair provider) is within the sole discretion of DFI Creative Solutions Corp.

There are no guarantees that a purchaser of DFI Cover will have any costs of repair or replacement waived. If DFI Creative Solutions Corp. determines that DFI Cover does not apply to a claim, the DFI Cover fee will be refunded to the Lessee.

LESSEE OBLIGATIONS

The Lessee agrees to provide any documentation required to process a claim, including but not limited to police reports, photographs, incident reports, witness statements, and any other evidence requested by DFI Creative Solutions Corp.

If the cost of repair or replacement exceeds the coverage limit purchased by the Lessee, or if DFI Cover does not apply due to one or more exclusions, the Lessee agrees to immediately pay DFI Creative Solutions Corp. for the full cost of repair or replacement of the equipment.

If the Lessee damages, loses, steals, converts, or transfers custody and control to a third party, or takes any other action regarding the equipment which is not covered under DFI Cover, or if one or more exclusions apply as determined by DFI Creative Solutions Corp., the Lessee agrees to immediately pay DFI Creative Solutions Corp. for the repair or replacement of the equipment. Valuation of the equipment is within the sole discretion of DFI Creative Solutions Corp.

ACCEPTANCE

I accept the provisions set forth within this Agreement and fully understand my obligations as described herein and in the Rental Agreement.

By clicking "I have read and understood the above, and accept the terms and conditions," 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.

NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, A DAMAGE WAIVER (DFI COVER) OPTION TO REDUCE YOUR FINANCIAL RESPONSIBILITY FOR ACCIDENTAL DAMAGE TO OR THEFT OF RENTED EQUIPMENT IN YOUR CARE, CUSTODY, AND CONTROL, SUBJECT TO THE EXCLUSIONS AND LIMITATIONS DESCRIBED HEREIN. THE PURCHASE OF DFI COVER IS NOT MANDATORY AND YOU MAY OPT FOR OTHER COVERAGE OPTIONS WHICH MAY BE CONDITIONALLY AVAILABLE TO YOU DURING THE RESERVATION PROCESS.