rental agreement terms and conditions

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Rental Agreement Terms and Conditions

LUM-N-8 LIGHTING & GRIP, INC. encourages the renter to inspect and test all rental equipment prior to said rental.  Except for normal wear and tear on rental equipment, the renter assumes all responsibility for damage and or loss of rental equipment.

Equipment should be returned in the same condition as when it was picked up. An appropriate clean up and/or repair charge will apply to equipment or packages returned in non-rental-able condition, due to damage and/or a degraded state caused by contact with elements such as mud, sand and salt water.

The acceptance of the return of the rented equipment is not a waiver of claims by LUM-N-8 LIGHTING & GRIP, INC. that it may have against the renter for latent or patent damage to the equipment caused in any way by or because of renter’s actions or inaction.

Spare bulbs are furnished at no extra cost. Burn-outs must be returned. Renter will be charged for broken or missing bulbs. There is no burn time charged on any of the lamps or instruments.

Delivery charges will be billed where applicable.

Expendables and other supplies used from the rented truck are sold on an "as used" basis, meaning that renter will be charged an additional amount for each expendable or other supply kept on the truck that is used by renter.

As a free service to production companies and producers, as well as to try to assist in the hiring of the most qualified personnel possible, LUM-N-8 LIGHTING & GRIP, INC. will call and book grips and electricians for your shoots when requested. However, such individuals are paid directly by you and LUM-N-8 LIGHTING & GRIP, INC. accepts no responsibility or liability for their actions and/or injuries to them. You are responsible for negotiating rates directly with freelancers. You are, of course, free to book your own crew, subject to the following clause.

LUM-N-8 LIGHTING & GRIP, INC. requires, in most cases, the right to designate one or more of its designated contractors to be hired to drive the rented vehicle and/or operate the rented generator(s) and to otherwise work with the rented equipment on the production. However, such contractor(s) will be working for you as stated in the above clause.

Rental Insurance Requirements

A certificate of insurance providing coverages and beneficiaries as follows must be received by LUM-N-8 LIGHTING & GRIP, INC. before any equipment can be released to the renter (please allow ample time to avoid last minute delays):

(a) One Million dollars in general liability coverage and LUM-N-8 LIGHTING & GRIP, INC. must be named as additional insured.

(b) Miscellaneous Rented Equipment coverage for the value of the equipment and LUM-N-8 LIGHTING & GRIP, INC. named as loss payee.

(c) Hired Autos coverage if renting a vehicle with equipment.

Billing

LUM-N-8 LIGHTING & GRIP, INC. rents equipment and sells expendables and supplies on a net 30 basis to companies which have established a credit account with LUM-N-8 LIGHTING & GRIP, INC. prior to receiving equipment. Companies without an open account will be expected to provide a 25% deposit, with the remainder due upon return of the rental equipment (C.O.D.).

If you wish to establish an account with LUM-N-8 LIGHTING & GRIP, INC., an application is available upon request. Please allow 10 days for processing.

All rentals and sales will be subject to Florida State Sales Tax. Companies providing LUM-N-8 LIGHTING & GRIP, INC., with a blanket certificate for exemption containing their Florida Department of Revenue sales tax number before the billing date will be termed EXEMPT from sales tax.

A cancellation fee of 50% of the equipment order will be billed if LUM-N-8 LIGHTING & GRIP, INC. receives notice of job cancellation later than 12:00 p.m. of the weekday prior to the scheduled shoot.

Prices are subject to change without notice.

All past due amounts bear interest at a rate of 1.5% per month (18% annually).

Renter understands and agrees that this rental agreement shall not be assignable and a failure by LUM-N-8 LIGHTING & GRIP, INC. to exercise any right, remedy or election herein contained or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future exercise of such right, remedy or election, but the same shall continue and remain in full force and effect.

LUM-N-8 LIGHTING & GRIP, INC.’s ENTIRE LIABILITY AND RENTER’S EXCLUSIVE REMEDIES AGAINST LUM-N-8 LIGHTING & GRIP, INC. FOR DAMAGES FROM ANY CAUSE WHATSOEVER REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO PROVEN ACTUAL DAMAGES IN AN AMOUNT NOT TO EXCEED THE PRICE PAID TO LUM-N-8 LIGHTING & GRIP, INC. FOR THE EQUIPMENT OR SUPPLIES RENTED OR PURCHASED FROM LUM-N-8 LIGHTING & GRIP, INC.

IN NO EVENT SHALL LUM-N-8 LIGHTING & GRIP, INC., INCLUDING ITS OFFICERS, DIRECTORS AND EMPLOYEES, BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE OF EQUIPMENT OR SYSTEMS, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER OR NOT LUM-N-8 LIGHTING & GRIP, INC. HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES.


Renter agrees that he, she or it will indemnify LUM-N-8 LIGHTING & GRIP, INC. and hold LUM-N-8 LIGHTING & GRIP, INC. harmless and defend LUM-N-8 LIGHTING & GRIP, INC. from and against any and all claims, suits, losses, liabilities, causes of action, damages and costs (including reasonable attorneys’ fees), or in the settlement or avoidance thereof, arising out of the rental, purchase or use of any equipment, supplies or recommended personnel from LUM-N-8 LIGHTING & GRIP, INC. or any breach of this rental agreement by renter.

Renter agrees that this rental agreement will be governed by and construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions.  Further, any action to enforce this rental agreement shall be brought in the proper courts of Orange County, Florida, and the prevailing party shall be entitled to attorney’s fees and costs for all actions taken in seeking collections with regard to this rental agreement.