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.
