Equipment Rental Terms and Agreement
THIS EQUIPMENT LEASE ("Lease") is made and effective by clicking on the “Place Order” button, by and between Monix Studio, ("Lessor"), and current user ("Lessee"). By clicking on the “Place Order” button, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this site. By clicking on the “Place Order” 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. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the equipment requested (“Equipment”). Lessor reserves the right to refuse or decline leasing Equipment to potential lessee at Lessor’s sole discretion. Lessor 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 requested pickup, and expire on the last day of the rental period as show on the checkout page (“Rental Period”). The Equipment must be returned to Monix Studio on the last day of the Rental Period. Should Lessee not return the equipment on or before the expected return date, Lessor reserves the right to charge the Lessee additional Rent for the extra time the Equipment was in Lessee’s possession.
Renewal. Lessee may renew this Lease for additional Rental Periods, with the consent of Lessor, pending availability. Renewal of this Lease will be linked to Lessee’s original Order, but will be invoiced separately. All terms of this Lease apply with the same force during the renewal period.
Rent and Deposit. All fees will be paid in full before pickup.
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.
Representations, Warranties and Agreements. Lessee has selected the Equipment without relying upon any suggestion or recommendations of Lessor or its employees and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment as being fit for any particular purpose.
Lessor 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) Lessor is responsible for routine repair and maintenance of the Equipment prior to rental.
Insurance and Deposit. Some equipment may require that Lessee insure the Equipment for the duration of the Rental Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by Lessor until the Equipment has been returned to Lessor in good working order. Should Lessee chose to insure the Equipment, Lessee shall add Matthew Coughlin Photography, LLC as Additional Insureds on Lessee’s insurance policy and provide Lessor with a Certificate of Insurance at the time of pickup.
Loss and Damage. Except as set forth in Lessor’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 damage of any kind whatever to the Equipment, Lessor may: (a) charge Lessee’s credit card for the full cost of repair; and (b) repair the Equipment using a vendor at Lessor’s sole discretion. In the event the Equipment becomes damaged beyond repair, Lessee shall pay Lessor the full replacement value of the Equipment. Lessee must ensure that the Equipment, when returned to Lessor, is clean and in working order.