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Thank you for choosing to rent from MastersFX ProRent. Here are the terms of our rental arrangement:
i) Rental Fees:
1. Payment must be made in full by cheque upon pick up, or through Purchase Order on account to be set up prior to pick up.
2. The RENTER shall provide a damage deposit cheque prior to pick up for replacement value of equipment to be refunded upon return of undamaged equipment -OR- shall insure the equipment under the Production Company’s insurance policy for the duration of the rental and shall provide a Certificate Of Insurance (COI) from the production company prior to pick up.
3. The RENTER may take items away for a “Show and Tell” session of reasonable duration (1 or 2 days) at no charge if they then opt to rent. A COI must be in place, or a damage deposit cheque must be received before any items are released. During this session, items may not be used for any purposes, including, but not limited to photography, other than “Show and Tell” assessment by production teams determining whether items are appropriate for rental. If the RENTER then opts not to rent, an amount to be determined by MastersFX will be charged based on the item’s daily rental rate.
4. If an item is returned later than the agreed upon rental return date without prior re- negotiation, a late fee amount to be determined by MastersFX will be charged based on the item’s daily rental rate.
ii) General Terms of Rental:
1. The RENTER shall provide notice at least 24 hours before agreed upon pickup time if cancelling or rescheduling a rental, or altering details of rental items, once agreed upon (by email or text message or in writing) and an invoice has been issued, or else full payment is due unless otherwise negotiated. In the event an item is put on “hold” for certain dates and then not rented for any reason, the reasonable rental cost shall be paid for one day if such cancellation is not at least 48 hours before the hold date.
2. The RENTER shall be responsible for all shipping costs and when necessary shall provide shipping company account information to MastersFX exclusively for such purposes. In the event of shipping, the RENTER shall show proof of insurance for the period from pick up to return with the RENTER being liable for any loss from shipping to return to MastersFX warehouse.
3. The RENTER shall not use the equipment for any purpose other than the intended production as stated in the original contract. This includes any loan/lease to a third party, or use in any other production, exhibit, event, or for personal use, beyond that for which the rental is expressly intended. If this clause is violated, RENTER shall be liable for additional fees based upon the other usage.
4. RENTER shall keep and maintain the rented equipment in good condition during the rental period. RENTER shall keep the equipment in a good state of repair, normal wear and tear excepted. A fee of $100 will be charged for each bodysuit provided with a prop that is returned bloodied/soiled and unable to be cleaned.
5. In the case of minor damage to the equipment beyond normal wear and tear, repair costs determined by MastersFX will be charged to the RENTER or taken from the security deposit if one is provided.
6. In the case of major damage or loss of the equipment, MastersFX may deduct the value of the equipment from the deposit cheque with the remainder of the cheque being returned to the RENTER -OR- the insurance company will decide the value of the repairs or replacement equipment to be paid to MastersFX. Any losses in excess of the deposit check or insurance reimbursement shall be the responsibility of the RENTER.
7. MastersFX represents and warrants that MastersFX has the right to enter into this Agreement and grant the rights hereunder; the equipment is in good working order and condition and is, to the best of its knowledge, free of material defects. RENTER shall not be responsible for any liability resulting from (i) equipment which is not fit for its intended use, including costs of repair or replacement, or rental fees for unusable time; or (ii) any damage or loss due to actions, omissions, or instructions of MastersFX or any technical advisor, employee or agent of MastersFX.
8. RENTER may terminate this Agreement at any time upon a breach by MastersFX of any provision of this Agreement, as a result of an event of force-majeure (including but not limited to, a pandemic or state/national health crises), cancellation of the series, short-order of the series, or any other event that interrupts production of the series.
9. MastersFX agrees to defend, indemnify and hold harmless RENTER from and against any and all costs, losses or damages, claims, liabilities, settlements, judgments, and expenses arising out of or in connection with MastersFX’s breach of this Agreement or any claims arising from the use of the equipment, excluding RENTER’s intentional and negligent acts. RENTER agrees to defend, indemnify and hold harmless MastersFX from and against any and all costs, losses or damages, third party claims, liabilities, settlements, judgments, and expenses arising out of or in connection with Company’s use of the equipment, excluding MastersFX’s intentional and negligent acts.
10. In the event of a material breach by RENTER hereunder, MastersFX shall notify RENTER in writing of such material breach and RENTER shall have a reasonable time to cure such breach after such notice. In the event of any uncured breach by RENTER hereunder, MastersFX’s sole remedy shall be money damages at law. MastersFX shall not have the right to injunctive relief with respect to the exploitation and/or distribution of the Series or any element thereof.
11. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any subsequent breach. No failure on the part of either party to enforce any covenant or provision contained in this Agreement shall discharge or invalidate such covenant or provision or affect the right of that party to enforce the same in the event of any other breach or default.
12. No agent or employee of either party shall be deemed to be the agent or employee of the other. Nothing contained in this Agreement is intended to make either of the parties a partner or joint venturer with the other.
13. Any dispute of any kind between the parties arising under this agreement shall be resolved by binding arbitration in Los Angeles, California, pursuant to IFTA Arbitration Rules and Procedures. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the entertainment industry. The arbitrator shall follow California law in adjudicating the dispute. Notwithstanding the foregoing, the parties shall be entitled to turn the arbitration award into a judgment, in the state and federal courts of Los Angeles County. The prevailing party shall be entitled to all costs and attorneys’ fees in the arbitration.
14. Every term or provision of this Agreement is severable from the others. In the event any term or provision of this Agreement is declared by any tribunal of competent jurisdiction to be invalid or unenforceable, then any such invalidity or unenforceability shall not affect the validity or enforceability of any other term or provision, and all of the other terms and provisions of this Agreement shall remain in full force and effect to the fullest extent permitted by law.
15. This Agreement represents the entire understanding of the parties and supersedes all prior and contemporaneous negotiations or agreements, whether written or oral. This Agreement may be amended only by a written agreement signed by both parties.
16. Covid-19 Safety Protocols are in place as of June 2020. These include the following:
AGREED AND ACKNOWLEDGED:
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MASTERSFX:
4010 Myrtle Street
Burnaby, British Columbia V5C4G2
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