1. TERM OF RENTAL: All the equipment shall be rented on a day-to- day basis and all rental rates shall apply to each full day or any fraction thereof which has elapsed between the time the equipment is delivered to Customer and the time it is returned to Eleven04 Productions. If the specified equipment has not been returned to and received by Eleven04 Productions by the date and time specified in the Rental Agreement, rent shall continue to accrue on the equipment on a day-to-day basis at the rate set forth in the Rental Agreement until such time as the equipment has been returned to and received by Eleven04 Productions. Each 24 hours is considered as one day.
2. PRICE: Unless otherwise agreed to in writing by an authorized manager of Eleven04 Productions, the price listed in the Eleven04 Productions equipment rental catalog in effect at the time Customer receives rental equipment shall control.
3. WARRANTY OF AUTHORITY: Customer hereby warrants that any person which it directs or allows to receive equipment from Eleven04 Productions and who shall sign for acceptance of said equipment is authorized by Customer to do so. Customer herein waives any obligation on the part of Eleven04 Productions to confirm said person’s authority to act on behalf of Customer.
4. MAINTENANCE OF EQUIPMENT: The Customer agrees to keep and maintain all of the rental equipment in good condition and assumes full responsibility for all the equipment and supplies until the rented equipment is returned, inspected and tested. The Customer agrees not to remove, cover, alter or deface any tags, serial numbers or nameplates on the equipment.
5. INSURANCE: Prior to accepting the equipment, the Customer shall provide Eleven04 Productions LLC a Certificate of General Liability Insurance acceptable to Eleven04 Productions, with Eleven04 Productions named as the Loss Payee, in a form and amount satisfactory to Eleven04 Productions, evidencing Customer’s insurance covering all risk of loss to the equipment, worldwide, at replacement cost value plus any continuing rental charges at the same rate set forth by the Rental Agreement. The Customer’s insurance binder must have an expiration date of no less the thirty days past the end of the rental period. If the certificate is to be modified, amended, or changed, a new certificate must be on file prior to the expiration date of the original. Renters must have coverage if they plan to take the equipment out of state. It must have a “Locked Car” clause, covering the inventory in a car at all times. Unattended Vehicle Theft Exclusion won’t be accepted. The Customer can also choose to place a credit card deposit for the entire reserved equipment replacement value as set out in the equipment rental contract, or choose to hire a Eleven04 Productions crew prior to any equipment leaving Eleven04 Productions’ premises. All deductibles will be the Customer’s responsibility. For rental that has a replacement value less than $10,000, the Customer can apply for insurance exemption status. Once approved, the insurance requirement will be waived for rental that has a replacement value less than $10,000. The application doesn’t guarantee an approval from Eleven04 Productions, and Eleven04 Productions reserves the rights to determine the qualification.
In each case, Eleven04 Productions shall be designated as follows:
Eleven04 Productions LLC | 1932 South Halsted Street. | Suite 413 | Chicago, IL 60608
6. LOST AND/OR DAMAGE GEAR: Customer is solely responsible and liable for any and all loss (including theft) and/or damage to the equipment, normal wear and tear excepted, while in Customer’s possession. In the event of such loss and/or damage, Customer shall be responsible for the full replacement value of the equipment or, at Eleven04 Productions’ sole discretion and election, the cost of repair by a provider of repair parts and services chosen by Eleven04 Productions. Full replacement value shall mean the value of new equipment at the time of said loss or damage. In the event of loss or damage, Customer agrees to pay the full rental rate during the period of time Eleven04 Productions is deprived of the equipment and until the equipment is repaired or replaced. Customer agrees not to undertake repair or replacement of the equipment without the prior written consent of Eleven04 Productions.
7. INSPECTION OF EQUIPMENT AND USE: Upon removal of the equipment from Eleven04 Productions’ premises, Customer warrants that Customer has inspected the equipment, the equipment is in good working order and condition, and the equipment is fit for Customer’s intended use. Customer warrants that any employee or authorized third party, including couriers, receiving equipment, represent the Customer and all obligations bound to them within this document. The Customer shall operate the equipment in accordance with the manufacturer’s instructions and contemplated use and shall not use the equipment in any manner which will subject it to abnormal or hazardous conditions, including, but not limited to: using the equipment in any manner other than that which is in accordance with manufacturer’s instructions and contemplated use, negligence (defined as, but not limited to, failure to provide prudent security measures to prevent theft or carelessness in maintaining the equipment properly); or misuse (defined as, but not limited to, improper use of the equipment causing damage due to the utilization of the equipment in a manner for which it is not designed). The Customer shall not make any alterations or improvements to the equipment without the prior written consent of Eleven04 Productions and shall not deface, remove, or cover any nameplate on the equipment showing Eleven04 Productions ownership. All equipment shall be operated in accordance with applicable Federal, State and local laws.
8. CANCELLATION: Any cancellation by Customer upon executing this Agreement shall be considered a breach of contract, and Eleven04 Productions—at its sole discretion—reserves the right to charge a cancellation fee. A cancellation fee of 25% of total rental charges should be applied if the rental is cancelled within 3 days of the scheduled rental. A cancellation fee of 50% of total rental charges should be applied if the rental is cancelled within 1 day of the scheduled rental.
9. DEFAULT AND RIGHT OF ENTRY: In the event of any default by Customer including, without limitation, failure to make any payment when due, lapse of the required insurance coverage, or entering into a state of insolvency, bankruptcy or receivership, Eleven04 Productions may terminate this Agreement and repossess the equipment without prior notice to Customer or to any receiver, trustee, or assignee for the benefit of creditors. Eleven04 Productions shall have the right to inspect the equipment at any time during the Rental Period, and Customer agrees to allow Eleven04 Productions or any of its agents or employees to enter the premises where the equipment is located for the purpose of inspection or repossession, without liability for trespass or damage as a result of such entry.
10. EXCLUSION OF WARRANTIES: Customer herein acknowledges that all equipment to be rented from Eleven04 Productions will be as a result of customer’s sole selection, discretion and opinion as to equipment which it requires. All equipment is accepted by customer “as is”. No warranties or representations are made by Eleven04 Productions of any type or nature whatsoever, expressed or implied, regarding the performance of cameras, services, supplies, film or other equipment rented. All media management is the sole responsibility of the Customer and Eleven04 Productions will not be responsible for any data loss. Eleven04 Productions herein expressly excludes any and all warranties, guarantees, expressed or implied, statutory, by operation of law, or otherwise, including any implied warranties of merchantability or fitness for a particular purpose. In no event, under no circumstances, shall Eleven04 Productions be responsible or liable to customer or anyone else 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 Eleven04 Productions or Eleven04 Productions agents have been advised of the possibility of such damages.
11. INDEMNIFICATION AND HOLD HARMLESS: The Customer hereby agrees to indemnify and hold Eleven04 Productions harmless from and against any and all losses and/or claims, including without limitations reasonable attorney’s fees, arising out of Customer’s possession, use or operation of the equipment during the time between delivery of the equipment during the time between delivery of the equipment to the Customer and its return to Eleven04 Productions LLC.
12. RETURNED EQUIPMENT: Eleven04 Productions’ acceptance of the return of the equipment is not a waiver of any claims Eleven04 Productions may have against Customer including claims for latent or patent damage to the equipment. Eleven04 Productions LLC shall have a reasonable period of time after return of said equipment to discover said damages.
13. INSPECTION/REPOSSESSION OF GEAR: The Customer agrees to admit any employee or agent of Eleven04 Productions LLC to enter the premises upon which equipment is kept for the purposes of checking the condition of the Eleven04 Productions' equipment and/or for repossessing the equipment in the event the Customer is in default of any term of this Agreement whatsoever.
14. REFUNDS: Eleven04 Productions will not refund a customer for returning gear earlier than expected unless the cause of the of said return is out of their control and deemed valid by the appropriate management staff. Evidence of such event should be provided by the renter. Eleven04 Productions will not refund a customer for finishing their shoot and returning a day or more early.
15. EXCLUSIVE POSSESSION/NON-ASSIGNABILITY OF LEASE: The Customer shall not sublease or loan the equipment or assign this Agreement to any other persons, firms or corporation and said equipment shall at all times remain under the immediate, exclusive control and direction of the Customer.
16. MISCELLANEOUS PROVISION FOR LIENS, CHARGES, ETC: The Customer specifically acknowledges Eleven04 Production’s ownership of the equipment and agrees to keep the equipment free of all liens and encumbrances. The Customer agrees that he shall be liable for all taxes, transportation charges, duties, broker fees and any and all other costs imposed upon the equipment.
17. GOVERNING LAW: This Rental Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue in any action involving the equipment, this Rental Account Agreement, or any Rental Agreement, shall be in courts having situs in Cook County, Illinois. The prevailing party in any proceeding shall be entitled to an award of reasonable attorneys’ fees and litigation costs.
18. EFFECTIVE DATE, TERM, EFFECTIVENESS, AND CANCELLATION: This agreement is effective as of the date that was signed by both parties, whichever comes later. The term of this agreement is one year. This agreement will automatically renew at the end of the term. This agreement is effective for all the rentals that happen within the period of the term between the Customer and Eleven04 Productions. This agreement can be cancelled by either party. Once cancelled, the Customer acknowledges that he/she needs to sign a new rental agreement before being allowed to rent out equipment from Eleven04 Productions. If the customer fails to sign a new rental agreement, then this agreement will remain effective. This agreement can not be cancelled until all the equipment has been returned, inspected, and all the payment has been paid. Both parties should be notified regarding the cancellation at least 7 days before the cancellation becomes effective.
19. HEADINGS: The headings as to the contents of particular paragraphs of this Agreement are inserted for convenience and reference only and shall not be construed as a part of this Agreement nor be considered in construing the terms hereof.
20. ENTIRE AGREEMENT: This Agreement sets for the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and cancels and supersedes any prior oral or written agreement between the parties with respect to the subject matter. No alterations, additions, amendments or modifications to this Agreement shall be binding unless made in writing and executed by an authorized agent of Eleven04 Productions.
21. CONSTRUCTION OR AGREEMENT: In the event any parts of this Agreement are found to be void, the remaining provisions of this Agreement shall be binding with the same effect as if the void parts were not included.