Rental Agreement

Equipment Rental Agreement

THIS EQUIPMENT RENTAL AGREEMENT ("Agreement") is entered into and becomes effective upon the Lessee clicking “I Agree / Submit Order” or signing electronically, by and between Don Barber Films ("Lessor") and the individual or entity placing the order ("Lessee"). By submitting an order, Lessee agrees to be bound by this Agreement and all terms and conditions herein, whether or not Lessee has read them. Lessor may modify this Agreement at any time at its sole discretion. Continued use or acceptance of equipment constitutes acceptance of any modified terms.

1. Disclaimer

Lessor makes every effort to ensure all descriptions, pricing, and availability are accurate. However, errors may occur. Lessor reserves the right to correct any errors and to change prices or availability at any time without notice.

2. Rental of Equipment

Lessor hereby rents to Lessee, and Lessee hereby rents from Lessor, the equipment listed in the order confirmation or checkout summary (the "Equipment").

3. Shipping & Delivery

Lessee is responsible for all outbound and return shipping charges unless otherwise agreed in writing.

Delivery dates and times are estimates only and are not guaranteed.

Use of shipping methods not approved or arranged by Lessor constitutes a violation of this Agreement and may result in late fees, replacement charges, or default.

4. Rental Term

The rental term begins on the later of:

  • The first attempted delivery date shown by the shipping carrier, or

  • The first day of the rental period listed on the order confirmation.

The rental term ends on the final day listed in the order confirmation. Equipment must be returned to the designated carrier by close of business on the final rental day.

5. Payment

All rental fees and any required deposits must be paid in full prior to shipment.

6. Late Returns

Late returns are subject to a daily late fee equal to 25% of the four (4) day rental rate for the Equipment.

If Equipment is not returned within seven (7) days of the due date, it will be deemed stolen and Lessee will be charged the full replacement value of the Equipment.

Failure to successfully charge applicable fees within 24 hours constitutes Default.

7. Use of Equipment

Lessee agrees to use the Equipment carefully, responsibly, and in compliance with all applicable laws, regulations, and ordinances.

8. Cancellation by Lessor

Lessor reserves the right to cancel any order, for any reason, at any time prior to shipment.

9. Cancellation by Lessee

Lessee may cancel an order at any time prior to the Equipment being transferred to the shipping carrier.

10. Ownership & Creative Rights

All Equipment remains the sole and exclusive property of Lessor at all times.

Lessor makes no claim to any images, video, audio, or other creative works produced by Lessee using the Equipment.

11. Damage, Alteration & Condition

Lessee agrees to return Equipment in the same condition as received, normal wear and tear excepted.

Lessee shall not modify, alter, or disassemble the Equipment.

Lessee assumes all risk of damage to the Equipment during the rental term, except while in the possession of the shipping carrier.

Any pre-existing damage must be reported within 24 hours of receipt. Failure to report damage constitutes acceptance of Equipment condition.

Lessor shall determine the method and location of repair. Lessee is responsible for all commercially reasonable repair costs, including parts, labor, and cleaning.

A cleaning fee may be assessed for removal of substances including but not limited to smoke, dirt, sand, powder, or other contaminants.

12. Loss or Theft

Lessee assumes all risk of loss or theft of Equipment during the rental term.

In the event of loss, theft, or unreturned Equipment, Lessee is liable for the full replacement value.

If return tracking does not show carrier possession and Lessee cannot provide a valid drop-off receipt, Equipment will be deemed unreturned.

13. Default

Upon Default, all amounts owed become immediately due.

Lessee is responsible for all reasonable collection costs, including attorney’s fees.

Lessor may pursue all available civil and criminal remedies, including recovery of Equipment and collection of outstanding balances.

14. Optional Damage Protection Plan (If Offered)

If selected, Lessor may offer an optional damage protection plan limiting Lessee’s liability for accidental damage caused by ordinary negligence.

Coverage does not include:

  • Water damage

  • Sensor damage caused by sun exposure

  • Intentional or reckless damage

  • Abusive or improper use

Protection does not apply to lost, stolen, or unreturned Equipment or missing accessories.

15. Missing Accessories

Lessee is fully responsible for replacement costs of any missing accessories, including caps, cables, cases, plates, or mounts.

16. Liability & Indemnification

Lessee assumes all liability arising from the use or malfunction of the Equipment.

Lessee agrees to indemnify and hold harmless Lessor from any claims, damages, or injuries resulting from use of the Equipment.

17. Shipping Delays & Malfunctions

Lessor’s sole liability for shipping delays or equipment malfunction is limited to a prorated refund of rental fees for the affected time period.

Lessor shall not be liable for consequential, incidental, or lost production damages.

18. Taxes & Liens

Lessee agrees to keep Equipment free of all taxes, duties, liens, or encumbrances. Any such charges shall be reimbursed to Lessor immediately.

19. Governing Law & Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of ???.

Exclusive jurisdiction and venue shall lie in the state or federal courts located in Tennessee.

20. Entire Agreement

This Agreement constitutes the entire understanding between the parties. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

By submitting an order or signing electronically, Lessee acknowledges and agrees to all terms of this Agreement.