Terms and Conditions of Rental Agreement
This FERRUM FILMS RENTALS STANDARD RENTAL AGREEMENT (the “Agreement”), made effective upon the date executed by Customer below (the “Effective Date”), is by and between FERRUM FILMS LLC, a New Jersey limited liability company DBA FERRUM FILMS Rentals (“FERRUM FILMS Rentals” or the (“Rental Agent””), and ___________________(“Customer”) (each signatory hereto is also a “Party,” and collectively, the “Parties”).
RECITALS: WHEREAS, FERRUM FILMS provides (i) professional equipment for rentals, leases, and purchases, (ii) skilled labor, (iii) vehicles, and (iv) drivers of the vehicles (collectively, the “Services”) for the film, photo, event and television industries (collectively, the “Industry”) in New Jersey, New York City and surrounding areas, and
WHEREAS, Customer desires to engage the Services of FERRUM FILMS Rentals in strict accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for the good and valuable consideration of the mutual covenants, warranties and representations, and conditions set forth below, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
- INCORPORATION: Definitions: (a) The Recitals are incorporated by reference herein. (b) As used in this Agreement, the following terms have the following meanings: “Customer” shall mean, in addition to the meaning set forth above in the Preamble, the entities or individuals, in either or both cases, who execute this Agreement, including but not limited to those persons or entities on whose behalf said entities or individuals, in either or both cases, execute this Agreement in order to rent, buy, or otherwise make use of FERRUM FILMS Rentals' Equipment; “Equipment” shall mean and an all equipment so listed in the Agreement or referenced herein, in either or both cases, and “Vehicle” shall mean those motorized and other means of conveyance so listed in the Agreement or referenced herein, in either or both cases.
- PAYMENT METHODS: Customer shall rent certain Equipment from FERRUM FILMS Rentals, and FERRUM FILMS Rentals shall rent certain Equipment to Customer, in accordance with the terms set forth herein. Customer shall pay the total amount due to FERRUM FILMS Rentals for the rental of the Equipment or Vehicle, in either or both cases, as set forth in Section 4, prior to delivery of the Equipment or the rendition of any other Services on Customer’s behalf (the “Initial Payment”). The Initial Payment, and all subsequent payments, may be made by the Customer in the form of cash, cashier’s check, money order, ACH, wire transfer (only if made at least 72 hours in advance of Equipment pickup), credit card, or debit card (collectively, “Method of Payment”). Credit card, debit card, and ACH payments may be processed and verified by an outside vendor, as determined by FERRUM FILMS Rentals. Upon Equipment or Vehicle rental, in either or both cases, FERRUM FILMS Rentals may hold copies or originals of two forms of photo ID of Customer for the Term.
- SCOPE OF PAYMENT: Customer hereby authorizes FERRUM FILMS Rentals and its successors and assigns to charge the Customer's submitted Method of Payment for any rental fees, security deposits, missing and damaged equipment fees, loss-of-use fees, or any other or charges related to any purchase, rental, repair, or any other service provided to Customer. Customer acknowledges and agrees that the Initial Rental Payment may not cover all charges incurred by Customer during the Term the entire transaction, and that there may be other costs for labor or rentals that can only be settled after Customer’s use for the Equipment has ended and the Equipment has been returned. Therefore, Customer hereby covenants to make payment forthwith to Rental Agent for any additional labor, rental costs, fees, vehicle fees, tolls, gas reimbursement, or missing/damaged item fees, in either or all cases, without presentment or demand from Rental Agent. Further, Customer hereby indemnifies and holds harmless FERRUM FILMS Rentals for any overdraft fees, costs, or transaction charges (collectively, the “Transaction Fees”) incurred as part of completing any payments related to Customer’s rental of the Equipment. Customer shall promptly pay all such Transaction Fees.
- (a). EQUIPMENT LIST: This Agreement covers all items, accessories, services, fees, labor, and vehicles covered in the Equipment List.
(b). TERM: The term of this Agreement (the “Term”) commences on ___________ (the “Rental Start Date”) and ends on ___________ (the “Expiration Date”), unless terminated sooner in accordance with Sections 23 or 25.
(c). EQUIPMENT INSPECTION: Customer acknowledges and affirms that its representative has inspected and tested all Equipment at the time of rental and that all Equipment is in good and working order and acceptable to Customer as of the Rental Start Date.
(d). RISK OF LOSS: Customer assumes all risk of loss of Equipment whether or not covered by Customer’s insurance coverage, except to the extent of any loss arising from the negligence or willful misconduct of Rental Agent, its employees, agents, or contractors. Customer is deemed to have taken possession of the Equipment the moment Equipment is in Customer’s custody and control, irrespective of whether Customer has signed this Agreement.
5. PERSONNEL FOR SERVICES: (a). Only if persons are provided by FERRUM FILMS Rentals to assist Customer (“Personnel”), then those Personnel shall be treated by Customer as temporary employees of Customer and shall be provided the rights, privileges, respects, insurance, and guarantees as set forth in Sections 5(b) through 5(j). Customer must pay such Personnel in accordance with the terms outlined in the applicable invoice (the “Personnel Invoice”), which shall be provided to Customer by Rental Agent.
(b). PERSONNEL INSURANCE AND INJURY COVERAGE: All Personnel shall be provided workers’ compensation and disability insurance (with minimum benefits of $1,000,000 per occurrence), and general commercial liability insurance coverage under Customer’s insurance policy for the duration of such Personnel’s assistance to Customer, with limits not less than $1,000,000 per occurrence, as if the Personnel were Customer’s own employees, regardless of their accounting classification. FERRUM FILMS Rentals’ workers’ compensation, disability, and liability coverage shall apply only when the Personnel are on FERRUM FILMS Rentals’ warehouse grounds, subject to Law (as defined below).
(c). PERSONNEL OVERTIME: All Personnel shall be paid overtime wages for any hours exceeding ten (10) hours worked in a twenty-four (24) hour period (“Overtime”) according to the following overtime pay scale: Personnel charges are calculated in the applicable Personnel Invoice(s) based on an eight-hour minimum rate (meaning eight (8) hours of base-rate pay will be included in the charge printed in the Personnel Invoice(s) as a “daily rate”), with daily Overtime billed at “time and a half” (1.5 x hourly rate) for hours worked exceeding eight (8) hours and up to ten (10) hours, and double time (2.0 x hourly rate) for hours worked exceeding twelve (12) hours. Any and all Overtime charges shall be due to FERRUM FILMS Rentals immediately upon receipt of invoice and shall not be subject to a holding period.
(d). CONSECUTIVE HOURS: Customer shall ask no Personnel to work more than sixteen (16) consecutive hours on set, defined as the time between “call time” and “wrap” (as such terms are generally understood within the Industry) and inclusive of all meal periods. If Personnel declines to continue working beyond sixteen (16) hours, Customer shall impose no penalty, and all Overtime hours accrued by such Personnel shall become due and payable in accordance with the Personnel Invoice. Unfinished work remaining after the 16-hour shall become the sole responsibility of Customer’s to complete, and any such unfinished work shall not constitute a breach of this Agreement.
(e). TURNAROUND TIME: Ten (10) hours of uninterrupted turnaround time (a “Turnaround Period”) shall be provided to Personnel by Customer between “wrap” time and the following “call” time (as such terms are generally understood within the Industry). A Turnaround Period for drivers is calculated based on their vehicle’s engine’s “last-shutdown-through-first-turnover” time period. A Turnaround Period shall not begin until Personnel has been given the “call” time and location for the next day’s work in writing by a member of Customer’s production team. For failure to provide a full Turnaround Period to Personnel, as liquidated damages, Customer shall pay a cost equal to three times (3x) such Personnel’s average hourly rate for all additional hours worked in violation of the Turnaround Period, until the next Turnaround Period is provided. Customer acknowledges and agrees that the liquidated damages prescribed in this Section 5(e) is reasonable and not a penalty.
(f). DRIVER. Customer hereby covenants that any and all drivers who drive the Vehicles that Customer rents/leases from FERRUM FILMS Rentals shall be duly licensed, trained, and qualified to drive vehicles of the type rented/leased by Customer hereunder. Although FERRUM FILMS Rentals may, from time to time, recommend certain qualified drivers with whom it is familiar, unless drivers of the Vehicle are Personnel, in no event shall Customer hold FERRUM FILMS Rentals liable for any acts or omissions by the driver of a Vehicle leased/rented hereunder. Customer is solely responsible for supplying and employing any driver who drives FERRUM FILMS Rentals’ Vehicles and that driver shall be deemed to be Customer’s employee for all purposes and shall be covered as an insured on all of Customer’s applicable insurance policies. For avoidance of doubt, if a driver is paid by FERRUM FILMS Rentals, the responsibility for the driver’s actions shall be borne exclusively by Customer. Customer shall indemnify, defend, and hold FERRUM FILMS Rentals harmless for the actions of the driver.
(g). DRIVER’S RELIEF: Personnel that are expected to drive as part of their duties shall not work more than sixteen (16) hours in a twenty-four (24) hour period under any circumstances, inclusive of the time required to drive to the call location and to drive home.
(h). MEALS AND BREAKS: Customer shall provide a hot meal to each Personnel at call time, free of charge, and shall be considerate of Personnel’s individual dietary restrictions. Customer shall provide another such hot meal to each Personnel every six (6) hours after call time until the workday is complete (i.e., when Personnel is released from duty). A thirty (30) minute unpaid break period shall be provided with all meals except the first of the day. Customer shall incur a fee of $7.50 per 1/6 hour for each Personnel who is not provided the required meal(s) (the “Meal Fee”).
(i). LIABILITY: Customer shall not require any Personnel to take any action that he or she believes would put a person, animal, or property in danger of injury or damage or that would violate any local, state, or federal law, statute, or regulation or any direct command issued by an on-duty law enforcement officer (collectively, the “Law”). Personnel shall decline any such requests from Customer or Customer’s employees or agents, and shall contact FERRUM FILMS Rentals if such requests or demands repeatedly occur.
(j). LABOR, SERVICES, and TOTAL COSTS: Customer acknowledges and agrees that total labor costs for Services shall not be limited to pre-billed or pre-paid labor costs, in either or both cases, if Overtime is accrued by Personnel. Where Overtime is accrued, final costs for labor shall be invoiced after the labor has been completed, and Customer shall pay any additional amount due upon receipt.
6. EQUIPMENT PICKUP: Customer must pick up Equipment between 2:00 p.m. and 5:00 p.m. the day before the Rental Start Date, as set forth in Section 4, unless otherwise agreed to in writing by the Parties. If Customer requires labor assistance to load the Equipment into Customer’s vehicle, FERRUM FILMS Rentals staff shall assist Customer at a rate of Forty- Five Dollars ($45) per hour, in addition to any costs detailed above in Section 4 and any applicable Personnel Invoice or other invoices.
7. EQUIPMENT RETURN: Customer shall return all Equipment to FERRUM FILMS Rentals in the condition in which the Equipment was received by 10 a.m. the day after the Rental Return Date (as set forth in Section 4), unless otherwise agreed to in writing by the Parties. If Customer fails to return any Equipment by the specified Return Deadline, Customer shall be charged for an entire additional day at the rates listed (excluding any discounts), plus twenty-five percent (25%), on each individual line item in the Personnel Invoice(s), invoice(s) or equipment list(s) attached hereto, in either or all cases, and incorporated by reference herein (the “Late Fee”). Customer shall be charged for an additional day at the Late Fee rate every twenty-four (24) hours thereafter until the Equipment is returned.
8. EXTENDED PICKUP AND RETURN: Early pickups and late returns of Equipment must be confirmed with Rental Agent twenty-four (24) hours before pickup or return. For late returns, a Late Fee will be assessed (See Section 7).
9. ADDITIONAL DAYS. If Customer wishes to extend the rental period for Equipment beyond the rental period specified in Section 4 or in any applicable invoice (an “Extended Rental”), Customer must give notice to FERRUM FILMS Rentals at least 48 hours before the Rental Return Date. No guarantee is made for Equipment availability beyond the scheduled rental period specified above in Section 4 or in any applicable invoice(s). Any approved Extended Rental shall be treated as a separate rental with a new invoice (if applicable) and rental rates agreed upon by both Parties. Weekly or monthly rental discounts shall not apply to Extended Rentals. Additionally, if Customer wishes to extend the employment of Personnel during an Extended Rental period, the Parties shall agree upon the Personnel rate for the Extended Rental period. Particular Personnel employed by Customer under the original invoice(s) may not be available for any Extended Rental period, but FERRUM FILMS Rentals shall find suitable replacement Personnel for any Extended Rental period upon request by Customer and payment of newly agreed-upon rates for Personnel during the Extended Rental period.
10. CONDITION OF EQUIPMENT: All photo and video equipment and production equipment that FERRUM FILMS Rentals provides are supplied with fully working lenses, batteries, plugs, lamps, bulbs, and accessories that have been tested by FERRUM FILMS Rentals staff before checkout. All equipment must be returned in good working order and condition. The Customer is responsible for either paying for or replacing damaged equipment with the same or better equipment if they break or burnout in the Customer's care (unless otherwise determined by FERRUM FILMS Rentals). If any of the equipment cannot be repaired, Customer shall pay the replacement cost without any deduction for depreciation. If the Customer's chosen agent for equipment pickup does not elect to thoroughly check the equipment before leaving FERRUM FILMS Rentals' warehouse (colloquially called "Performing an Equipment Checkout") then all Equipment will be deemed in good working order. If the Customer does not return all accessories with their equipment return, then the full replacement cost of that equipment will be billed to their account and become due and owing. The Customer acknowledges that the Equipment is rented/leased without warranty, or guarantee, except as required Law or otherwise specifically agreed upon in writing by the Parties at the inception of this Agreement.
11. INSURANCE: Insurance must be maintained by the Customer. FERRUM FILMS Rentals will accept the insurance policy ("Certificate of Insurance", or "COI") the Customer provides as long as it covers the duration of the equipment's rental for all possible loss and damage, general liability coverage of $1,000,000 or more, and that the COI is insuring equipment for at least the "Minimum Insurance Replacement Value" listed on the first page of this document. ''FERRUM FILMS LLC'' must be named as the “Loss Payee and/or Additionally Insured”. Please note that the presence of an insurance certificate does not indemnify or waiver the Customer of any equipment replacement costs should such costs arise. Rental Agreements that include a Vehicle Rental are subject to additional requirements to cover the vehicle, as per Sections 17 and 18.
12. LIABILITY INSURANCE: Customer shall, at their own expense, maintain commercial general liability insurance (“Liability Insurance”), including coverage for the operations of independent contractors and standard contractual liability coverage. The Liability Insurance shall name FERRUM FILMS Rentals as an additional insured and provide that said insurance is primary and noncontributory coverage. Such insurance shall remain in effect during the course of this Agreement, and shall include, without limitation, the following coverages: standard contractual liability, personal injury liability, completed operations, and product liability. The Liability Insurance shall provide general liability aggregate limits of not less than $1,000,000 (including the coverage specified above) and not less than $500,000 per occurrence.
13. CASH DEPOSIT: On rentals that have less than $3000 total replacement value, and rented for less than three billable days, FERRUM FILMS Rentals reserves the right to offer (on a limited basis) an option for a Credit Card Hold instead of insurance. This deposit will be held against the same card as the card used for the rental Payment in the minimum amount of $1000, and will be returned to the Customer at the credit agency's leisure, minus any costs for equipment repair, loss, damage, or additional costs associated with the job not reflected in this invoice (collectively "Costs"). If value is withheld from the deposit, a statement or email will be returned with the remaining deposit specifying the reasons for the deductions. In the event that the Costs exceed the Credit Card Hold, no deposit value will be returned, and any additional amount due beyond the deposit's value will be due immediately.
14. REPAIR OR REPLACEMENT OF EQUIPMENT: If Customer or Customer’s employees, agents, or contractors damage any Equipment, or any Equipment is lost or stolen, then Customer shall immediately notify Rental Agent, and shall be primarily responsible for paying the full costs to repair or replace the damaged, lost, or stolen Equipment, even if Personnel provided under this Agreement was present at the time the Equipment was damaged, lost, or stolen. The decision to repair or replace the Equipment shall be made by FERRUM FILMS Rentals in its sole discretion. If the Equipment is to be replaced, Customer shall be responsible for the full replacement cost of the Equipment without any deduction for depreciation. Customer shall be informed of repair or replacement costs after a reasonable diagnostic period. This period may extend beyond any loss or damage notification period specified in Customer’s applicable insurance policy, depending on the diagnostics required; provided, however, that FERRUM FILMS Rentals shall make reasonable efforts to determine and notify Customer of the repair or replacement cost within any such specified time period. If for any reason Customer’s insurance carrier does not pay for repair or replacement of the Equipment within fourteen (14) days of notification from FERRUM FILMS Rentals of the final determination of replacement and/or repair cost, then Customer shall be fully responsible for immediate payment of the total cost of repair or replacement of the damaged, lost, or stolen Equipment. FERRUM FILMS Rentals shall not be required to communicate with Customer’s insurance carrier for any reason. If FERRUM FILMS Rentals communicates with Customer’s insurance carrier for any reason, however, FERRUM FILMS Rentals shall promptly disclose the contents of such communications to Customer; provided, however, that any communication by FERRUM FILMS Rentals with Customer’s insurance carrier shall not relieve Customer from Customer’s obligation to pay for the costs of repair or replacement of the damaged, lost, or stolen Equipment. Rental charges under this Agreement shall not apply against the repair or replacement cost of damaged, lost, or stolen Equipment. Customer shall be responsible for any loss of use damages suffered by FERRUM FILMS Rentals, as determined by FERRUM FILMS Rentals. Loss of use damages do not carry the same discounts as regular rental orders, and will be billed on a separate invoice from the invoice that covers the rental equipment period.
15. NOTIFICATION OF LOSS AND/OR DAMAGE: Replacement costs will be listed on a separate invoice within 60 days of the date Equipment is returned or deemed damaged, lost, or converted by Rental Agent. If requested by Customer, photos of damages shall be taken and submitted to the Customer for proof of damage.
16. EQUIPMENT DAMAGE HAZARDS: Many items provided for rental or sale can be irreparably damaged or destroyed by use in wet or dirty environments, whether due to rain, or proximity to water or damp areas. Other environments, materials, or conditions may also damage the Equipment such as sand, mud, dirt, dust, grease, oil, confetti, glitter, snow, ice, paint, food, adhesives, prop liquids (blood, makeup, etc.), and any and all other material that may temporarily or permanently cling to hardware and impact it’s cosmetic or functional appearance, Any damage to hardware from water will be billable for full replacement value or repair value, at-cost to the Customer, and the Customer agrees to those charges as a process of using the hardware. FERRUM FILMS Rentals may also have to assess service charges for handling, repairing, and maintaining wet or dirty hardware that FERRUM FILMS Rentals has not declared as already dirty in writing before the order was confirmed, and not declared as damaged at checkout. The following list is a non-exclusive list of items from our inventory that can be damaged by the Equipment Damage Hazards listed earlier in this section: sandbags, shot bags, fabrics, equipment bags, all electrical lamps, stands, rentals hardware and rigging, and electrical cables.
17. VEHICLE AS RENTAL EQUIPMENT: Customer shall be responsible for any parking tickets, moving violations, impound fees, towing fees, and/or Equipment repair or replacement costs from damage to the vehicle (or another vehicle) while the Vehicle is in Customer’s custody or control (“Incidental Fees”). Incidental Fees shall not be negotiable, discountable, or subject to any limitations by other agreements that may be formed between FERRUM FILMS Rentals and Customer. FERRUM FILMS Rentals shall decline Vehicle rental or operation to anyone under the age of 25 (this includes pickup agents and drivers assigned by production), foreign renters, or business entities without a permanent U.S. address (regardless of nationality), high school and university students, and in cases where FERRUM FILMS Rentals does not feel it is safe to allow a representative or contractor of Customer to drive (for example, but without limitation: exhaustion, heightened emotional state, or alcohol/drug impairment). FERRUM FILMS Rentals shall provide a written explanation for denial of a vehicle rental or operation upon request by Customer to [email protected]. This Section 17 does NOT apply to Customer’s who are only receiving Equipment and not renting a Vehicle.
18. VEHICLE INSURANCE. If Customer has rented a FERRUM FILMS Rentals Vehicle (or a vehicle leased, rented, or borrowed by FERRUM FILMS Rentals and provided to Customer for the express purpose of use during the Term of this Agreement), Customer shall provide motor vehicle liability insurance that is primary over any other insurance in effect for FERRUM FILMS Rentals for all claims arising out of or related to the use of the vehicle. Customer shall indemnify FERRUM FILMS Rentals for any claim for injury (including death) and hold FERRUM FILMS Rentals harmless for any expense incurred (including reasonable attorneys’ fees) arising out of any such claim. The provided motor vehicle insurance must include coverage for loading and unloading Equipment and hired motor vehicle physical damage insurance, covering owned, non-owned, hired and rented vehicles, including utility vehicles such as trailers. Coverage for physical damage shall include “comprehensive” and “collision” coverage. FERRUM FILMS Rentals shall be named as an additional insured with respect to the liability coverage, and as a loss payee with respect to the physical damage coverage. The Vehicle Insurance shall also include coverage for pollution, if caused by accident, caused by any vehicles. The Vehicle Insurance shall provide not less than $1,000,000 in combined single limits liability coverage, actual cash value for physical damage to standard vehicles and replacement cost value for trailers and other customized vehicle and shall provide that said insurance is primary coverage with respect to all insureds, the limits of which must be exhausted before any obligation arises under FERRUM FILMS Rentals’ insurance.
19. SKILLED LABOR REQUIREMENT: Customer understands and agrees that the Equipment provided by FERRUM FILMS Rentals requires skilled labor to operate properly and safely. Therefore, Customer shall only hire adequate personnel (who have the requisite Licensure required by Law) to meet the safety requirements for operation of any Equipment rented. When licensed staff is required for completing certain tasks (IE- electrical work, driving, etc.), Customer agrees that they will only allow licensed staff members (with valid, current certifications) to complete those tasks.
20. WARRANTIES, REPRESENTATIONS, and AGREEMENTS: Customer has selected the Equipment set forth in the Equipment List without relying upon any suggestion or recommendations of Rental Agent and Customer understands and agrees that Rental Agent assumes no responsibility for the Equipment as being fit for any particular purpose. Customer agrees that the Equipment was selected by it. Rental Agent represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of their knowledge at the inception of the rental; (2) Rental Agent is responsible for routine repair and maintenance of the Equipment prior to rental; (3) all services provided by Rental Agent will be performed in a professional and competent manner; (4) Rental Agent has the right to enter into the rental of the Equipment and (5) Rental Agent has complied and will continue to comply with all applicable manufacturer’s specifications relating to the Equipment. Customer agrees as follows: (a) except as set forth in Rental Agent’s representations and warranties above, the Equipment is rented without any warranty of fitness for a particular purpose; (b) Rental Agent shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect damages, production delays; and (c) except as set forth in Rental Agent’s representations and warranties above, Customer is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Customer’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 Customer, its employees, agents, or contractors. Customer represents warrants and agrees that Customer has complied and will continue to comply with all manufacturer’s specifications as to the safe use of the Equipment.
21. NO WARRANTIES: Customer understands and agrees that FERRUM FILMS Rentals has made no warranties, express or implied, as to the condition, suitability, merchantability, or performance of the Equipment, other than such warranties expressly articulated herein. Customer shall hold harmless FERRUM FILMS Rentals and its members, officers, employees, and agents from and against any and all claims of liability arising from or related to the Equipment.
22. BAILMENT: This Agreement constitutes a bailment of the Equipment and is not a sale or the creation of a security interest. In no event should anything herein be construed as granting Customer any right, title, or interest in or to the Equipment to Customer, except the right to possession and usage as expressly provided for in this Agreement. At all times, Rental Agent shall be the sole owner of the Equipment.
23. TERMINATION BY CUSTOMER: If Customer wishes to cancel any part of the Services rendered under this Agreement, or terminate this Agreement in its entirety, Customer must give FERRUM FILMS Rentals notice of termination by email to [email protected] at least forty-eight (48) hours ( weekends and all holidays) before commencement of the Services or Equipment Rental Start Date. If Customer gives notice of cancellation at least forty-eight (48) hours before commencement of the Services or Equipment Start Date (excluding weekends and all holidays), FERRUM FILMS Rentals shall refund Customer’s payment for the cancelled Services or Equipment rental, less any non-refundable costs (e.g., costs of purchase of non-returnable specialty equipment) incurred by FERRUM FILMS Rentals in preparation for performance of the Services or Equipment rental under this Agreement. Customer understands and agrees that FERRUM FILMS Rentals shall not issue any refunds or credits under this Agreement after forty-eight (48) hours before commencement of the Services or Equipment Rental Start Date (excluding weekends and all holidays). This Agreement shall terminate upon the date set forth in such notice. Upon termination, all monies owed to Rental Agent by Customer shall become immediately due and owing and must be immediately paid without further presentment or demand.
24. CUSTOMER REFUNDS: All sales of expendable items, consumable items, pay-per-use expendables and services are final and nonrefundable, even if they are returned unused. All rentals of items that are subleased from other vendors are also nonrefundable once a rental agreement is signed. If a refund is granted for any reason, the refund will be processed within 10 days of the date of Rental Agent receives such refund request. The refund must be formally requested via email to [email protected] If Sale items are mistakenly returned to the warehouse with an order, clients can collect the physical items at FERRUM FILMS Rentals' warehouse within 24 hours of the equipment return, after which FERRUM FILMS Rentals will not be responsible for storing, allocating, or returning the relevant sale items.
25. TERMINATION BY RENTAL AGENT: FERRUM FILMS Rentals reserves the right to terminate any Services or Equipment rental at any time for reasonable cause. FERRUM FILMS Rentals shall have reasonable cause to terminate any Services or Equipment or Vehicle rental under this Agreement if Customer is not in compliance with applicable laws, regulations, or ordinances, or if Customer is operating in a manner that would pose a substantial risk of damage or injury to property or people by providing Customer written notice. Upon any such termination by FERRUM FILMS Rentals, FERRUM FILMS Rentals shall be paid as agreed, on a prorated basis, for all Services performed and/or Equipment and/or Vehicle provided through the termination date, as set forth in the termination notice. If FERRUM FILMS Rentals terminates Services or Equipment rental at no fault of Customer (and before the Services have commenced or the Equipment or Vehicle has been picked up by Customer), then (i) no costs or fees shall be due in relation to the terminated Services or Equipment or Vehicle rental, and (ii) FERRUM FILMS Rentals shall make a good-faith effort to find Customer suitable a suitable replacement for the Services and/or Equipment rental in the area, but FERRUM FILMS Rentals cannot guarantee similar pricing or availability of equipment.
26. INDEMNIFICATION: Customer shall defend, indemnify, and hold FERRUM FILMS Rentals, its parent, subsidiary and affiliated companies and their owners, officers, and employees harmless from and against any and all third party claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses and compensation whatsoever including court costs and reasonable attorney fees (“Claims”), in any way arising from, or in connection with, the Vehicles and Equipment rented/leased, including, without limitation, as a result of its use, maintenance, or possession, irrespective of the cause of the Claim, except as the result of FERRUM FILMS Rentals’ sole negligence or willful misconduct, from the time the Customer takes care, custody or control of the Equipment, until the Equipment is returned to FERRUM FILMS Rental’s care, custody and control.
27. IDENTITY: FERRUM FILMS Rentals may maintain on the exterior or interior of each piece of property covered by this Agreement a logo, barcode, QR code, or identifying mark confirming FERRUM FILMS Rental’s ownership of the Equipment (collectively, “Identity Marks”). Customer will not remove those marks or alter equipment to disguise those marks. Customer agrees that any repair and maintenance required to reinstate Identity Marks after damage or removal by Customer will be billed as repair labor and added to the Customer’s final invoice.
28. INDEPENDENT CONTRACTOR: FERRUM FILMS Rentals, in performing under this Agreement, shall act as and be an independent contractor. This Agreement is not intended to and does not create in any manner a principal-agent, employer-employee, partnership, joint venture, or any other relationship between FERRUM FILMS Rentals and Customer, subject to section 5 et seq. Neither Party shall have any right or authority to assume or to create any obligation or responsibility, expressed or implied, on behalf of or in the name of the other Party or to bind the other Party in any manner.
29. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and supersedes any other agreement or understanding between the parties relating to the subject matter. In no event shall any other writing supersede this Agreement unless such writing expressly cites this Section 29 and is executed by both Parties.
30. WAIVERS, AMENDMENTS, and MODIFICATIONS: No waiver, amendment, or modification of this Agreement shall be valid or binding unless written and signed by each Party hereto. Waiver by either Party of any breach or default of any provision of this Agreement by the other Party shall not operate as a waiver of any previous or future default or breach of the same or different provision of this agreement.
31. GOVERNING LAW; JURISDICTION; VENUE: This Agreement is subject to and to be construed in accordance with the laws of the State of New Jersey without regard to conflicts of law principles that would require the application of any other law. Each Party submits to the personal jurisdiction of New Jersey State, and agrees that any and all disputes that are connected in any way whatsoever to this Agreement shall be adjudicated in the County of New Jersey, State of New Jersey, as the exclusive venue for such disputes.
32. SEVERABILITY: If any term of this Agreement is held to be invalid or unenforceable, in whole or in part, by a court of competent jurisdiction, such term shall be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms of this Agreement.
33. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single agreement.
34. ELECTRONIC SIGNATURE ACKNOWLEDGEMENT: I, referred to as “Customer” herein, understand that the electronic agreement process in which I am currently engaged uses an electronic signature process that allows me to sign and agree to legally binding agreements online by using my mouse to click to enter and agree, and or a digital signature reproduction. I acknowledge that I intend to use this electronic agreement process to provide my signatures electronically. I understand that these signatures are legally binding, and are governed by the Federal E-Sign Act of 1997, and/or the UETA governances (or any amended version thereof) in my state of residence. I agree to be bound by this governance. I represent and warrant that I am authorized by the entity on behalf of which I am signing and agreeing to these agreements to do so. I also agree that the electronic signatures that I provide online will be binding upon me and the entity on behalf of which I am signing, and will not be construed by a court of law to have any less effect than a standard ink or paper signature. I represent that the information I have provided on the Rental Agreement is complete and accurate. I acknowledge that: (a) this complete and legible Rental Agreement document has been provided to me, (b) I was technically capable of opening, reading, printing, downloading and/or saving all sections of the Rental Agreement, (c) I had a reasonable opportunity to open each section of the Rental Agreement (and related documents), read it, and sign and agree to it by creating a digital signature, placing it on the signature line, emailing it back to FERRUM FILMS Rentals of my own volition (if this step is necessary), and agree to be bound by its provisions. I further understand that no strikeouts, interlineations, additions or modifications to this preprinted Rental Agreement may be made.
35. SURVIVAL: All provisions, which, by their very nature should survive, shall survive the expiration, cancelation, or termination of this Agreement.
36. FORCE MAJEURE: “Force Majeure” means any fire, flood, earthquake, or public disaster; strike, labor dispute or unrest; embargo, riot, war, insurrection or civil unrest; any act of God; any act of legally constituted authority; any epidemic, pandemic, or contagion; or any other cause beyond FERRUM FILMS Rental’s control which would excuse FERRUM FILMS Rental’s performance as a matter of law. If by reason of force majeure, FERRUM FILMS Rental’s performance hereunder is delayed, hampered or prevented then the rights and obligations of FERRUM FILMS Rentals provided herein and any performance by Customer shall be extended for the amount of time of such delay or prevention up to a maximum of one year.
CUSTOMER / DATE
PRINT X_____________________________________________ DATE X___________________________
SIGNATURE X__________________________________________