LensProToGo Rental Agreement
THIS EQUIPMENT LEASE ("Lease") is made and effective by clicking on the “Submit” button, by and between LPTG, and current user ("Lessee"). By clicking on the “Submit” button, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. LPTG may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on the Site. By clicking on the “Submit” button, Lessee indicates acceptance of the modified terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
- Lease. LPTG hereby leases to Lessee, and Lessee hereby leases from LPTG, the equipment shown in the order preview on this page (“Equipment”). LPTG reserves the right to refuse or decline leasing Equipment to potential lessee at LPTG’s sole discretion. LPTG may, at its sole discretion, gather information from third parties regarding potential lessee’s past rental history and credit worthiness.
- Term. The term of this Lease shall commence on the day of the first attempt by the parcel carrier to deliver the item, and expire on the last day of the rental period as shown on the checkout page (“Rental Period”). The Equipment must be return shipped to LPTG before the shipping cut-off time with the courier on the last day of the Rental Period. In the event the last day is a Saturday, Sunday or courier scheduled holiday, a shipping extension to the next delivery working day is granted. Should Lessee return the Equipment using a shipping label not provided by LPTG, and the Equipment is not returned on or before the expected return date, LPTG reserves the right to charge the Lessee additional Rent for the extra time the Equipment was in transit or late. You hereby give LPTG permission to contact you via the US mail, email, telephone, or text message regarding information on or status of your rental.
- Rent and Deposit. All fees associated with the rental or purchase of equipment will be paid in full at the time of check out (“Rent”). LPTG reserves the right to request for a deposit on any given order. If requested by LPTG, Lessee shall pay the requested deposit prior to receiving any Equipment. This deposit will be refunded, subject to LPTG’s option to apply it against any charges or damages incurred, only after all Equipment has been inspected and tested to assure that nothing has been lost or damaged and all Rent has been paid. If additional charges exceed the amount of the deposit, Lessee will be liable for such additional amount. Any amounts refundable to Lessee shall be remitted within ten (10) days of LPTG’s satisfactory inspection of the Equipment.
- Use. Lessee shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform to all national, state, municipal, and other laws, and regulations in any way relating to the possession, use or maintenance of the Equipment including any manufacturer’s recommendations, warnings and instructions as to the safe use of the Equipment and any instructions or policies of LPTG, or any registration and/or license requirements. Lessee shall make no alterations, modifications, or changes to the Equipment. Lessee shall not remove, cover, alter, or deface any tags, serial numbers, nameplates, or RFIDs on the Equipment.
- Representations, Warranties and Agreements. Lessee has selected the Equipment, using Lessee’s own knowledge and judgment and acknowledges, that while LPTG may have provided assistance or recommendations to Lessee at Lessee’s request or Lessee may have derived advice from LPTG content, LPTG assumes no responsibility for the Equipment as being fit for any particular purpose.
- Used Equipment. Lessee acknowledges that the Equipment may be used and may be cosmetically flawed. However, LPTG warrants that the Equipment, whether new or used, will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify LPTG pursuant to Section 15 of this Agreement.
- Typographical Errors. In the event a product rental rate is listed incorrectly due to errors in pricing information received from LPTG’s suppliers, LPTG has the right to refuse or cancel any orders placed for products listed at the incorrect rate whether or not Lessee’s credit card has been charged. Should LPTG cancel Lessee’s order, LPTG will immediately credit Lessee’s account for the incorrect amount paid. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include handling or sales taxes, if applicable, which will be added to your total Rent. You are responsible for the payment of any non-included shipping and handling charges and state and local sales or use taxes that may apply to your order. LPTG does not guarantee that any content on the Site is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. LPTG reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
- Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify LPTG’s acceptance of Lessee’s order, nor does it constitute confirmation of LPTG’s offer to rent. LPTG reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order or to supply less than the quantity Lessee ordered of any item for any reason.
- Out-of-Stock Products and Multiple Product Orders. LPTG will ship the Equipment to Lessee as it becomes available. There may be times when the Equipment Lessee ordered is out-of-stock which will delay fulfilling Lessee’s order. LPTG makes no guarantees as to availability of Equipment. Any estimate of availability provided by LPTG is based on the assumption that each of LPTG’s customer returns Equipment within the prescribed Rental Period. LPTG will keep Lessee informed of any Equipment that Lessee has ordered that are out-of-stock and unavailable for immediate shipment. If Equipment is out- of-stock or unavailable, Lessee may cancel the order at any time prior to shipping. For a multiple product order, LPTG will make commercially reasonable attempts to ship all products contained in the order at the same time. Equipment that is unavailable at the time of shipment of other Equipment will be shipped as it becomes available unless Lessee notifies LPTG of their alternate wishes to this end. Lessee will only be charged for Equipment contained in a given shipment, plus any applicable shipping charges. Lessee will only be charged for shipping at the rate quoted on Lessee’s checkout page. The entirety of this shipping charge may be applied to the first Equipment shipped on an order requiring multiple shipments.
- Shipping. All shipping costs (excluding expedited or special shipping additions) are the responsibility of LPTG. LPTG does not ship on federal holidays. LPTG cannot guarantee the arrival date of the order as that is outside the control of LPTG. Any shipping or transit time estimates provided by LPTG are estimates only. Lessee is encouraged to order in a timely fashion to avoid delays caused by product unavailability or shipping. Lessee agrees to obtain and retain the shipping return receipt for all return shipping until LPTG notifies Lessee of LPTG’s receipt of the rented Equipment.
- Cancellations. Lessee may cancel a pending reservation at any time prior to order shipment. Lessee may not cancel an order once it has shipped and once shipped, the rental order is subject to a four (4) day minimum fee. LPTG reserves the right to cancel any order at any time before delivery occurs at its sole discretion.
- Insurance. Lessee may either (a) insure the Equipment for the duration of the Rental Period; or (b)provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by LPTG until the Equipment has been returned to LPTG in good working order. Should Lessee choose to insure the Equipment, Lessee shall add Paul Friedman Photography, Inc. d/b/a LensProToGo as an Additional Insured on Lessee’s insurance policy and provide LPTG with a Certificate of Insurance upon request.
- Repairs. Lessee agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.
- Loss and Damage. Except as set forth in LPTG’s representations and warranties above, Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease. In the event of loss or damage of any kind whatsoever to the Equipment, LPTG may:
- Non-Working Equipment. Lessee shall notify LPTG within twenty-four hours of receipt of Equipment of any malfunction and/or alleged damage of such Equipment. Failure to provide LPTG with such notice shall be conclusively deemed as acknowledgement that all Equipment is in good working order. In the event Equipment is not functioning and/or damaged other than as a result of Lessee’s negligence or willful acts, Lessee must not attempt to repair or modify the equipment himself/herself/itself. Lessee must immediately return such non-working Equipment to LPTG and LPTG will either replace the non-working Equipment with a functioning equivalent (“Replacement Equipment”) or issue Lessee a credit or full refund of all Rent paid by Lessee at Lessee’s option. The Rent for all such non-working Equipment so returned will commence upon Lessee’s receipt of the Replacement Equipment. Once LPTG receives notification of suspected damage of Equipment in transit, LPTG shall submit such damaged Equipment either to the manufacturer, third party professional, or LPTG professional (“Repair Professional”) for inspection and repair. Lessee and LPTG hereby agree to be bound by the damage report provided by such Repair Professional as to the cause and liability of such damage.
- Surrender. Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to LPTG in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by delivering the Equipment at Lessee's cost and expense via the shipping method specified by LPTG. Lessee shall be responsible for proper packaging of the returned Equipment using shipping and packaging materials provided by LPTG in the Equipment shipment to Lessee. LPTG’s acceptance of the Equipment upon return by Lessee shall not represent LPTG’s determination as to the condition of the returned Equipment. LPTG reserves the right to inspect the Equipment within a reasonable time after the return of the Equipment and make a determination as to whether such returned Equipment was damaged during the Rental Period. Lessee is responsible for removing any digital media, accessories, equipment, or Lessee’s property of any kind from the Equipment prior to returning such Equipment to LPTG. LPTG makes an effort to return Lessee’s (or any third party’s) personal property, but has no liability or obligation to do so.
- Early Returns. No refunds or discounts will be issued for early returns, unless upon the date LPTG receives the returned Equipment, the remaining Rental Period exceeds seven (7) days, in which case LPTG will refund the rental fees applicable to the remaining Rental Period. No refund for the Protection Plan, expedited shipping costs, or other ancillary fees will be provided. No allowance or refund will be made for any Equipment or portion thereof which is claimed not to have been used, but was not returned. Acceptance of returned Equipment by LPTG does not constitute a waiver of any of the rights LPTG has under this Rental Agreement.
- Protection Plan. LPTG offers Lessee the option to purchase a damage waiver (“Protection Plan”) for unintentional damage to the Equipment during the Rental Period. The determination of whether damage is unintentional and not abuse is at the sole discretion of LPTG. In the event of damage covered by a Protection Plan, the Lessee, who has purchased the Protection Plan will pay LPTG a deductible amounting to 10% of the value of the Equipment rented to Lessee. Valuation of the Equipment is within the sole discretion of LPTG. A Protection Plan does not cover lost or stolen Equipment. A Protection Plan does not cover water damage of any kind. Also, any peripheral items in Lessee's rental are not covered including lens hoods, battery chargers, front and rear caps, cables, etc. (“Peripheral Items”). If Lessee loses and/or damages Peripheral Items, Lessee is responsible for the cost of replacement of the Peripheral Items even if Lessee purchased a Protection Plan.
- Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or LPTG at Lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, whether or not the same shall be assessed against or in the name of LPTG or Lessee. Lessee shall indemnify and hold LPTG harmless from any taxes, fees, and penalties arising out of Lessee’s lease, use and possession of the Equipment except for those taxes, fees and penalties based upon LPTG’s income.
- Indemnity. Lessee shall indemnify LPTG against, and hold LPTG harmless from (including LPTG’s subsidiaries, affiliates, officers, managers, agents, directors, partners, employees, and shareholders), any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the selection, possession, use, operation, or return of the Equipment.
- Late Return. If Lessee does not extend a Lease agreement by 5pm Eastern Time the day before the Lessee's scheduled end date or does not ship back on time, they will be subject to a late fee per item calculated as 25% of a 4-Day rental rate per day until the gear is shipped back for return.
- Default. If Lessee fails to pay any Rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, LPTG shall have the right to exercise any one or more of the following remedies:
- To charge Lessee’s credit card on file for all amounts due (including late fees at a rate of 10% per annum) and owing (please review the Terms of Service credit card policy).
- To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
- To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
- To terminate this Lease.
- To pursue any other remedy at law or in equity.
- Bankruptcy. Neither this Lease nor any interest therein 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 if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on 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 the Equipment, LPTG shall have and may exercise the option to, without notice, immediately terminate the Lease. The Lease shall not be treated as an asset of Lessee after the exercise of said option.
- Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of LPTG; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease and LPTG shall have no obligations or liabilities except as expressly set forth in this Lease.
- Additional Documents. If LPTG shall so request, Lessee shall execute and deliver to LPTG such documents as LPTG shall deem necessary or desirable for purposes of recording or filing to protect the interest of LPTG in the Equipment including, but not limited to a UCC financing statement.
- Entire Agreement. This instrument constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.
- Force Majeure. With the exception of any payment obligations, neither party shall be liable for failing to perform its obligations hereunder, where delayed or hindered by war, riots, embargoes, strikes, acts of a party’s vendors or suppliers, accidents, acts of God, pervasive internet failures, or any other event beyond such party’s reasonable control.
- Notices. Service of all notices under this Agreement shall be sufficient if sent to Lessee through Lessee’s account on the Site, Lessee’s email, or by certified mail, return receipt requested, postage prepaid, at the address provided by Lessee for the applicable Equipment rental. Lessee may contact LPTG at email@example.com.
- Governing Law and Dispute Resolution. This Lease shall be governed by the governing law and dispute resolutions provided for in the Terms of Service.
- Exclusive Possession/Non-Assignability of Lease. Lessee shall not sublease or loan the Equipment or assign this Rental Agreement to any other persons, firms, organizations, or corporations and said equipment shall at all times remain under the immediate, exclusive control and direction of the Lessee and/or Lessee’s agents.
- Warranty of Authority. Lessee hereby warrants that any person which it directs or allows to receive the equipment from LPTG and who shall sign for acceptance of shipment of said Equipment is authorized by Lessee to do so. Lessee hereby waives any obligation on the part of LPTG to confirm said person’s authority to act on behalf of Lessee. LPTG shall have no liability for and Lessee shall have sole liability for any Equipment ordered by Lessee regardless of who may actually accept delivery at the shipping address.
- Age. By entering into this agreement Lessee is representing that Lessee is at least eighteen (18) years of age. If Lessee is under the age of eighteen (18), Lessee’s parent or guardian represents that such parent or guardian is authorizing this rental.
LPTG represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental; (2) LPTG is responsible for routine repair and maintenance of the Equipment prior to rental; (3) LPTG has the right to the rent the Equipment.
Lessee agrees as follows: (a) except as set forth in LPTG’s representations and warranties above, the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose; (b) LPTG shall not be held responsible with respect to production downtime, loss of profits, loss of goodwill, losses of time, damage to film, extra expense, special, indirect, exemplary, consequential, or punitive damages, production delays, damage to other equipment or supplies, third party contracts, or damage to property, even if LPTG had been advised of the possibility of such damages or consequences; and (c) except as set forth in LPTG’s representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Lessee’s usage, possession, transportation or failure to return the Equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors. At all times LPTG’s maximum liability in connection with the Equipment is limited to the rent paid to LPTG by Lessee. Lessee hereby waives any claim that these exclusions deprive him/her/it of an adequate remedy or cause this Rental Agreement to fail of its essential purpose. Lessee acknowledges that these limitations of liability are fundamental elements of the basis of this Agreement.
(a) charge Lessee’s credit card for the full cost of repair (including, but not limited to, all costs of labor, material, parts, and similar items) or charge Lessee the full replacement value of the Equipment, without deduction for depreciationThe replacement value will be manufacturer’s list price at the time of the loss or damage. In addition to repair or replacement fees, LPTG may charge Lessee’s credit card for a “Loss of Use Fee” in the event Lessee did not purchase a Protection Plan at the time of the initial rental order. “Loss of Use Fee” is equal to the daily rental fees LPTG would have been entitled to receive for the Equipment had it not been damaged or lost. Lessee must ensure that the Equipment, when returned to LPTG, is clean. Should the returned Equipment be deemed dirty in LPTG’s sole judgment, LPTG reserves the right to charge Lessee a “Cleaning Fee” the amount of which will be in LPTG’s sole discretion.
Notwithstanding any repossession or any other action which LPTG may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of LPTG's remedies are cumulative, and may be exercised concurrently or separately. Lessee shall pay all reasonable attorney and other fees, the expenses and costs incurred by LPTG in protection of its rights under this Rental Agreement and for any action taken by LPTG to collect any amounts due under this Rental Agreement.
Please contact us at firstname.lastname@example.org with any questions regarding this agreement.