By engaging to rent production equipment at Scott Handel Productions LLC, DBA: Ohio HD Video (herein after referred to as “ Ohio HD Video”) you, the undersigned (herein referred to as the “Renter” or the “Client”), hereby state that you have read, fully understand and agree to be bound by the following terms and conditions.
To set up an account with Ohio HD Video, a completed business account application should be submitted to our office no less than 24 hours prior to your first rental date to ensure sufficient processing time. First time rentals will be COD paid by check or credit card upon commencement of the rental but subsequent rentals for approved accounts will be able to set up alternate terms.
All new accounts require signed terms and conditions, appropriate insurance, valid drivers license and a valid credit card (not a debit card).
Ohio HD Video will provide an appropriate space and time for the Client to inspect the rented gear. Ohio HD Video encourages all Clients to thoroughly inspect the rented gear before leaving the rental house. If any gear is not working or damaged when initially acquired, then Renter should notify Ohio HD Video immediately. Renter cannot wait until the end of the day to notify Ohio HD Video of prior damages, or claim that equipment was not working when they arrived at Ohio HD Video, or claim they did not use the piece or pieces in question. Also note, all equipment is tested by Ohio HD Video and is in working order when given to Renter.
The Client acknowledges that they have examined and tested the items of equipment listed in the rental order and that the same are in good working condition and accepts the same as is, and without any rental reductions or claim therefore. The Client acknowledges that this equipment is leased without warranty or guarantee of any kind expressed or implied and that Ohio HD Video assumes no responsibility, implied in fact or law, for the performance or non-performance of said equipment. The Client shall return to Ohio HD Video at the client’s expense, for exchange for other equipment, any item of equipment listed herein which subsequent to delivery becomes inoperable. This provision shall not relieve the Client of responsibility in the event of damage, destruction or non-return.
The Client is considered to have taken delivery of the equipment and therefore assumes all risk of loss from the time that the Renters equipment inspection/prep begins at checkout. The Client is responsible for any damage the Client causes to the equipment, property or persons during testing. Once the Client has taken delivery of the equipment, the Client’s responsibility includes, but is not limited to, risks while in transit, at all locations named and unnamed, at all studios, while on the Client’s own premises and while in use, or storage at Ohio HD Video. Client is responsible for all equipment, which is picked up or stored by Ohio HD Video for Client’s ultimate use. Ohio HD Video shall be acting as the Client’s agent in storing any such property, which belongs to third parties. All risk of physical loss to property, which is transported or stored by Ohio HD Video Client’s benefit shall remain the Client’s responsibility.
The equipment leased hereunder shall be used only by duly qualified employees and/or agents of the Client and in strict accordance with the laws of its location and with the use contemplated in this agreement. The Client shall keep the equipment leased hereby in the Client’s sole care, custody and control and shall not permit the leased equipment to be used in violation of any federal, state or municipal statutes, rules or regulations, and indemnifies and holds Ohio HD Video harmless of any and all fines, forfeitures, penalties and for the violation of any statute, law, ordinance, rule or regulation of any dully constituted public authority. The equipment shall not be sublet or assigned without the prior written consent of Ohio HD Video.
If any of the equipment is damaged, lost stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, Renter agrees to promptly notify Ohio HD Video of the incident, and will file all necessary accident reports, including those required by law and those required by applicable insurers. Renter, including its employees and agents will cooperate fully with Ohio HD Video and all insurers providing insurance under this agreement in the investigation and defense of any claims. If any documents are served or delivered to Renter, its employees, or its agents in connection with any claim or lawsuit filed or threatened against Renter or any party named in this agreement, Renter shall promptly deliver such documents to Ohio HD Video.
The Client agrees to return all rented “Media”'(as defined below) to Ohio HD Video with all “Recorded Content”'(as defined below) securely and permanently erased. “Media” means any and all methods, processes or devices, whether now known or hereafter devised, by or onto which pictures, images, data and visual and/or aural representations are recorded or otherwise preserved for projection, reproduction, retention, storage, exhibition, display or transmission, including, without limitation, CF/SD/SxS/SR Cards, Flash memory, Hard Drives, Solid State Drives, USB Drives and all present and future technological developments, whether produced by means of photographic, electrical, electronic, digital, laser, mechanical or other processes or devices now known or hereinafter devised. “Recorded Content” means any and all pictures, images, data and visual and/or aural representations that are recorded or otherwise preserved for projection, reproduction, retention, storage, exhibition, display or transmission, including, without limitation, time code and databases. Furthermore, Ohio HD Video is authorized by the Renter, but not obligated, to erase Media at any time upon its return to Ohio HD Video so that all Recorded Content is stripped and removed. The Client acknowledges that Ohio HD Video shall have no legal obligation to erase (securely or otherwise) the Client’s Recorded Content on any Media nor shall Ohio HD Video be obligated or expected to retain said Recorded Content for any period of time under this agreement. It is the Client’s sole responsibility and obligation to contract separately for the safeguarding and storage of their Recorded Content. Ohio HD Video is not responsible for the loss of Recorded Content from any cause whatsoever, including, but not limited to technical malfunction, physical damage, or errors on the part of Ohio HD Video employees, agents, representatives, contractors or subcontractors, nor any consequential loss or damage of any kind whatsoever. Ohio HD Video MAKES NO GUARANTY, REPRESENTATION, WARRANTY, EXPRESS OR IMPLIED, AND THERE SPECIFICALLY IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO BOTH THE MEDIA AND RECORDING EQUIPMENT.
The customer agrees to be solely responsible for the selection of their equipment and Media, including the reliability, durability and/or suitability of such Media and equipment for the purpose of recording or storing Recorded Content of any type. Data recovery is not offered under this agreement, and must be contracted separately with a data recovery vendor. In the event the Client needs and/or wants to attempt recovery of Recorded Content from Media that has previously been rented by Ohio HD Video, upon Client’s request Ohio HD Video will return such Media to the Client, subject to a rental charge, provided such Media is available. The Client agrees that the Media, returned to them for data recovery, shall be considered to be “On Rent” until the Media is returned to Ohio HD Video. The rental charge for the Media shall not be higher than the published rental rate of Ohio HD Video and shall be owed to Ohio HD Video regardless of whether the Client was able to recover their data. Any special handling instructions, practices, compliance, security protocols, protections or safeguards, not provided for herein, must be defined in writing by the Client and agreed to by Ohio HD Video prior to the return of the Media for any reason other than exchange for other Media or final return of Media to Ohio HD Video at the conclusion of the Rental Period.
If any item of equipment is returned in a damaged or destroyed condition or if any such items is not returned for any reason (including but not limited to, destruction, confiscation, theft or act of God), the Client specifically agrees to pay Ohio HD Video the cost to replace the same item of the closest comparable equipped model, at current retail prices less any discounts available, without deduction for depreciation. If any item is returned in a repairable, damaged condition, The Client shall pay to Ohio HD Video the cost of such repairs as determined by Ohio HD Video. In determining whether equipment shall be replaced or repaired, Ohio HD Video’s reasonable judgment shall be conclusive upon the Client. Notwithstanding anything to the contrary in this agreement and regardless of when the Client pays Ohio HD Video the monetary value of the leased equipment, the Client shall be liable to pay rent at the rate provided in the most current edition of the rental catalogue at full rental rate for the item or item(s) irrespective of any package discounts or other discounts agreed to at the inception of the rental contract, until the equipment has actually been repaired or replaced and returned to Ohio HD Video’s rental inventory and the Client acknowledges that there may be delays in repair or replacement attributable to causes beyond Ohio HD Video’s control, however, Ohio HD Video shall use best efforts to make any such repair or replacement in a prompt manner. All repairs are to be carried out by the manufacturer or service establishment as approved by Ohio HD Video. The acceptance of the return of the leased equipment is not a waiver by Ohio HD Video of any claims that it may have against the Client, nor a waiver of claims for latent or patent damage to the equipment.
The terms of payment are based upon credit information at the time of rental. Should there be any change in such information, the Client agrees that Ohio HD Video is privileged to revise the terms of payment with notice. Equipment can be checked out at 3:00pm before the first rental day. Equipment must be returned the morning after the last rental day between 9am and 11am. If items are returned after the designated times additional rental fees will apply. All orders shipped out of the state of Ohio are subject to a two-day minimum rental charge. All invoices not timely paid bear late charges at the rate of 1.5% per month (18% annually). If Ohio HD Video places the account in the hands of an attorney or collection, the Client agrees to pay reasonable attorneys’ or agency fees and court costs, which may accrue. Rental rates will not be applied to the purchase price of any equipment listed herein. In case of cancellation, Ohio HD Video shall be entitled to compensation, not to exceed the lease payments, for any losses that Ohio HD Video may sustain because of the cancellation of all or part of an order. Charges may apply in consideration of Ohio HD Video preparing, holding in reserve or sub-renting equipment on your behalf. By keeping Ohio HD Video informed of your shooting schedule you could either minimize or avoid cancellation fees.
The Client specifically acknowledges Ohio HD Video’s superior title and ownership of the equipment and shall keep the equipment free of all liens, levies and encumbrances. The Client acknowledges that it shall be responsible for all taxes, transportation charges, duties, broker fees, bond, and all costs imposed upon the leasing or use of said equipment. The client agrees not to remove or cover the tag over nameplate on equipment. The Client agrees not to remove or cover the tag over nameplate on equipment showing ownership by Ohio HD Video.
Upon termination of the lease period or upon the breach of any provision hereof, or in the event of a proceeding in bankruptcy with regard to the Client, or the levying of any legal process upon any item of equipment herein described, or upon equipment in derogation or violation of Ohio HD Video’s superior title and ownership, Ohio HD Video and its agents shall be at liberty at any time thereafter, and upon prior notice, to remove all of said equipment with any liability for damage caused by any such entry for such purpose and without prejudice to Ohio HD Video’s right to receive rent due or accrued to, and including date of removal of said equipment.
The Client agrees to indemnify Ohio HD Video and to hold Ohio HD Video harmless from any and all claims, actions, suits, proceedings, costs, expenses, damage and liabilities, including reasonable outside attorney’s fees, arising out of, connected with, or resulting from the equipment of the personnel provided hereunder, including without limitation and manufacture, selection, delivery, possession, use, operation, conduct, or return of said equipment. Ohio HD Video shall not be liable for any loss or damage of any kind, resulting from any delay, detention, late-delivery, non-delivery, defect or deficiency in leased equipment or other materials supplied, handled, stored, repaired, transported, received or processed, or the services of technicians, drivers, or any other personnel or service provided by Ohio HD Video, unless such loss or damage is caused by the negligence or willful misconduct of Ohio HD Video.
The Client must insure all of the equipment. The Client shall, at its expense, and at all times during the rental, maintain in full force and effect insurance covering all equipment rented, from all sources, for full current replacement cost without deduction for depreciation, and for loss of use (rents) of the equipment. Coverage must begin from the time the Client and/or its agents accept delivery of the equipment and must continue until the equipment is returned to Ohio HD Video. The Client shall deliver to Ohio HD Video, upon request, evidence of the insurance coverage, typically a certificate of insurance satisfactory to Ohio HD Video, showing liability coverage, property insurance and workers compensation insurance prior to taking possession of the equipment. Such insurance shall be written by reputable insurers. The Client’s insurers shall agree to be the primary insurers of such equipment during the rental period. Notwithstanding this paragraph, the Client shall remain primarily liable to Ohio HD Video for full performance under the terms and conditions of the rental contract. Ohio HD Video may enforce its remedies directly against you without resort to your insurance. However, in no event shall Ohio HD Video have the right to enjoin the development, production, distribution or exploitation of the motion picture. The Client’s insurance shall be on a worldwide basis, it shall name Ohio HD Video as loss payee for loss or damage to the property rented; shall cover “All Risks” of loss or damage for equipment. All policies shall provide for 30 days written notice to Ohio HD Video before any policy shall be modified or canceled. Limits shall be sufficient to encompass all property at risk, regardless of source. The Client shall name Ohio HD Video as an additional insured on the Client’s liability insurance and the Client’s liability insurance shall be deemed primarily and noncontributory insurance in the event of any claim or suit. The Client’s insurers shall agree the Ohio HD Video’s rights under the insurance coverage as described in the preceding paragraphs shall not be affected by any act(s) or neglect or breach of condition by the Client’s, other than non-payments of the insurance premiums. Lapse or cancellation of the required insurance shall be an immediate and automatic default of this agreement.
All leased equipment that is due to leave the United States must be registered with U.S. Customs prior to departure. Ohio HD Video will provide the Client with a manifest giving serial number, country of origin, and value of equipment at the Client’s request. Adequate bonds and customs fees are to be provided by and paid by the Client. Any delay due to the Client’s failure to register leased equipment shall be charged as a normal day until equipment is returned Ohio HD Video.
All air or surface/ground shipments of leased equipment will be made on behalf of The Client by company will be shipped collect for freight charges and insurance. All leased equipment returned to Ohio HD Video by the Client must be shipped pre-paid. If Ohio HD Video is shipping the equipment to you please provide the appropriate FEDEX or UPS account number. Shipping instructions with a date of delivery and address must be provided. Ohio HD Video assumes no responsibility for shipping delays caused by the shipper.
Rental equipment must be cleaned and returned to the original condition in which they were presented to client at the beginning of rental term. Renters agree to the clean the equipment and remove all tape, dirt and residues. Extra cleaning charges may be imposed if Renter returns the gear covered in dirt or residues. A cleaning standard fee of $150.00 per item (not waived) will be charged in the end to help return the gear to its original condition if deemed necessary by Ohio HD Video. Et al if Renter does not clean up, leaving the gear in an unsatisfactory condition.
The invalidity or illegality of any part of this Agreement shall not affect the validity or force of any other part hereof. If any provision of this agreement or the application of any of its provisions to any party or circumstance is held invalid or unenforceable, the remainder of this agreement, and application of those provisions to other parties or circumstances, will remain valid and in effect.
Ohio HD Video may revoke the License set forth in this Agreement at any time upon written notice. If notice in written form is not given, this agreement shall terminate 3 days after the date of the event provided all clean up and restoration work is completed. Termination of this agreement shall not constitute a waiver of any obligation under this agreement, including the Renter’s obligation to make all final payments to Ohio HD Video. At our option, we may, declare Renter in default on the occurrence of any of the following: A) failure by Renter to make payments or perform any of its obligations under this agreement; B) institution by or against Renter of any proceedings in bankruptcy or insolvency, or Renter’s reorganization under any law, or the appointment of a receiver or trustee for Renter’s goods and chattels or any assignment by Renter for the benefit of creditors; C) expiration or cancellation of any insurance policy to be paid for by Renter as provided for under the terms of this agreement; or D) involuntary transfer of Renter’s interest in this agreement by operation of law. If Renter is in default, Ohio HD Video will reserve the following rights:
1) to terminate the agreement and Renter’s rights under the agreement;
2) to declare the balance of all unpaid rent and all other charges of any kind required of Renter under the agreement to be payable immediately, in which Ohio HD Video will be entitled to the balance due together with interest at the rate of ten percent per annum, from the date of notification of default to the date of payment;
3) to enter and repossess the property without legal process free of all of Renter’s rights to the property and release Ohio HD Video and Scott Handel of any claim for trespass or damage caused by reason of the entry, repossession, or removal. After such default, Renter agrees to reimburse Ohio HD Video for all reasonable expenses of repossession and enforcement of its rights and remedies, together with interest at the rate of ten percent per annum from the date any such balance(s) is (are) due.
Notwithstanding any other provisions of this agreement, if Ohio HD Video or Scott Handel place all or any part of a claim against Renter in the hands of an attorney for collection, the prevailing party will pay, in addition to other sums that may be awarded, the other party’s reasonable attorneys fees and costs. Any and all remedies will be cumulative to the extent permitted by law, and may be exercised partially, concurrently, or separately. The exercise of one remedy will not be deemed to preclude the exercise of any other remedy.
This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio. If the parties are unable to resolve any controversy or claim, including any claim of misrepresentation, arising out of or related to this agreement or breach of this agreement, such controversy, claim, or dispute will be settled by arbitration in the State of Ohio The prevailing party in any such arbitration shall be entitled to an award of reasonable attorney’s fees and costs in addition to any other relief granted.
This agreement supersedes and replaces any other prior agreement(s), written or verbal, regarding the subject matter hereof.
The Renter has read this entire agreement, agrees to all its terms, Each person accepting on behalf of Renter shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. Undersigned individual represents that he or she is empowered to execute this agreement on behalf of the Renter.
The laws of the state of Ohio shall govern this agreement and should any legal proceedings arise out of this agreement, the prevailing party, in addition to any other recovery, shall be entitled to recover all reasonable expenses including attorneys’ fees.
If the Client is a corporation, the person signing this agreement on behalf of such corporation hereby warrants that he has full authority of such corporation to sign this agreement and obligate the corporation. The corporation shall be liable for all rentals and all other sums that may be at any time due and owing to Ohio HD Video under the terms of this agreement.
This agreement expresses the entire agreement between the parties and any change thereto must be in writing. The Client hereby certifies that he has read and fully understands all the provisions of this agreement prior to executing this agreement.
These terms are subject to change without notice at any time by Ohio HD Video. and/or it’s subcontractors, or agents.