EDITING EQUIPMENT RENTAL AGREEMENT
1. ENTIRE AGREEMENT. This Agreement, including matters incorporated herein, is the entire agreement concerning this subject. It supersedes all prior, contemporaneous, oral, or written understandings and can be modified only in writing by all parties.
2. RENTAL RATE AND TERMS OF PAYMENT. Renter agrees to pay in advance all charges and costs, including rental fees and any insurance fees or deductibles. The rate specified is subject to change with the addition or subtraction of equipment, rooms or services. Such changes will be agreed upon by both parties and noted in additional (attached copies of) invoices. All adjustment claims for a specific invoice are waived, unless presented to TwoHatCat within 10 days of the invoice date. In addition, Renter agrees to pay a late penalty of 2% per month on the balance owed on all delinquent accounts. A cancellation fee equal to 50% of the first week rental fees will be charged for notice of cancellation not given 24 hours in advance and 100% will be charged for notice not given 12 hours in advance.
3. INSPECTION AND DISCLAIMER OF WARRANTIES. TwoHatCat warrants that all equipment is complete and in good working condition at the time of first use. Renter warrants that it fully understands the proper operation and use of the equipment. After acceptance, and until completion of the rental period, Renter shall warrant security and acceptable treatment of the equipment. TwoHatCat shall have no responsibility or liability for any damage caused by the equipment
4. LOSS OR DAMAGE. Renter shall not cause or permit the equipment to be abused, misused, or harmed. All risk of loss or damage to the equipment shall be borne by Renter. In any case, Renter shall be liable for any deductible or loss not covered by TwoHatCat’s insurance policy. TwoHatCat has full discretion to accept a Certificate of Insurance from Renter's carrier or to require a Certificate of Insurance acceptable to TwoHatCat. Any loss or damage under this section shall be considered a "Default" under paragraph 8 herein.
5. REPAIR OR REPLACEMENT. In the event of loss or damage, Renter shall forthwith cause such equipment to be replaced or fully repaired to the satisfaction of the TwoHatCat. The rental charge for the equipment shall continue until the equipment is fully repaired or replaced. In addition to the repair of the equipment and the payment of all deductibles and losses covered, Renter irrevocably assigns to TwoHatCat any rights, which Renter may have under insurance policies covering the equipment as reimbursement to TwoHatCat for any sums expended by TwoHatCat for the repair or replacement of the equipment
6. COMPLIANCE WITH LAWS AND INDEMNIFICATION. Renter is solely responsible and liable at Renter's cost for compliance with all laws from the time the rental period begins until it ends. TwoHatCat shall be indemnified, defended, and held harmless from all claims, demands, lawsuits, wherever filed, and other liabilities and expenses, including attorney fees in connection with any claims brought against TwoHatCat or Renter arising out of the rental or use of equipment.
7 DEFAULT. Upon breach by Renter of any term or condition of this Agreement, TwoHatCat may, at its option and without notice or demand, declare this Agreement in default, whereby all of the Renter's rights in the equipment are terminated. Without limiting any of TwoHatCat’s remedies, upon default, TwoHatCat shall be entitled to immediately and without further notice, repossess the equipment wherever situated, apply any insurance proceeds from any Renter’s insurance policy covering the rental to compensate TwoHatCat for damage or loss, and apply any deposits on account to TwoHatCat's own account in order to cover any loss or damage to equipment. Renter accepts personal jurisdiction in the California Superior Court, Los Angeles County, where all actions arising out of the subject mater hereof shall be maintained, and Renter knowingly and expressly waives the right to a jury trial.
8. TITLE. Title to the equipment is and shall remain with the TwoHatCat, and if the equipment is levied upon, TwoHatCat may repossess the equipment without legal notice or legal process.
9. RIGHT OF REPOSSESSION. If Renter fails or refuses to return any equipment, software (including any back-up copy) or other rented property to TwoHatCat, TwoHatCat shall have the right to take possession of any equipment or other rented property and to enter any premises where the equipment" software or such property is located without being liable in any suit, defense, or other such proceeding to Renter.
10. TAXES. Renter shall pay all taxes, fees and assessments arising out of the hiring, use, or operation of the equipment and Renter shall promptly notify TwoHatCat of any such amounts, tax notices, or inquiries from taxing authorities.
11. DAMAGES. In addition to the provisions of paragraph 7 above, Renter shall be liable for and agrees to pay any damages, including damage to the rental equipment, whether or not caused by the Renter during the time that said equipment is outside the TwoHatCat’s custody and care.
12. ATTORNEY'S FEES: If legal action is commenced to enforce the terms of this agreement the prevailing party shall, in addition to any other relief obtained therein, be entitled to an award of reasonable attorney's fees and court costs incurred therein.
13. ASSIGNMENT. No part of this agreement may be assigned or sublet by renter without TwoHatCat's written authorization, which may be denied, delayed or withheld in TwoHatCat's sole discretion.
14. CAPTIONS. Captions are for convenience only, and have no effect upon interpretation of the substantive terms in this Agreement.
15. GOVERNING LAW. This Agreement is entered into and shall be governed under California Law, and shall not be construed with respect to which party caused the Agreement to be drafted.
16. WAIVER. No waiver of any of these terms or conditions shall constitute a waiver of any other term and condition in this Agreement or a subsequent waiver of such term or condition.
By signing, TwoHatCat and Renter agree to the above terms and conditions. Each warrants to the other that the person signing below has full authority to enter this Agreement and/or sign this Agreement on behalf of corporate or like business entity.
Date: Date:
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Authorized Representative of Renter Authorized Representative of TwoHatCat
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