TERMS & CONDITIONS
Terms and Conditions of Equipment Rental
1. Term of Agreement: The parties do herein bind themselves to the terms of this Agreement in regard to all equipment rented by Customer from Camera Ambassador from the date on the Rental Agreement until modified, terminated, or all obligations of the parties are fully satisfied. The name on Rental Agreement will be defined as (“Customer”).
2. Payments and Rental Price. The Rental Agreement shall set the schedule amount, and manner of price that Customer owes to Camera Ambassador. A credit card must be placed on file to confirm booking status. 100% of payment is due at Pickup.
3. Inspection. Customer will not leave Camera Ambassador with the Inventory until a full “Inspection of Inventory” form is completed and initialed by Customer and a Camera Ambassador representative. Upon execution of said form Customer acknowledges that the equipment is in good condition and working order. All third party operators and handlers of equipment will be bound to Terms and Conditions.
4. Shipment. If Customer requests, Camera Ambassador will ship the contents of Customer’s order to an address verified by Camera Ambassador. All shipping costs will be provided in full by Customer — fully insured overnight shipping is required. Within one hour of delivery, Customer must notify Camera Ambassador of any issues. If Camera Ambassador does not receive any notification, Customer shall be deemed as in acknowledgement that all equipment is in good condition and working order. Inventory must be returned to Camera Ambassador by the date specified on the Rental Agreement. An Inspection of Inventory must be completed before return shipping.
5. Uses and Care of Inventory. Customer agrees to use and maintain the equipment at their own expense, according to the Manufacturer’s Instructions, and per Camera Ambassador’s instructions, if any. Customer may not make any modifications to the equipment without Camera Ambassador’s prior written consent; such consent may be withheld in Camera Ambassador’s sole discretion. Customer agrees that they will not misuse or abuse the equipment or use it in any unlawful way. Customer must obtain prior written consent from Camera Ambassador to remove the equipment from the state or country; such consent may be withheld in Camera Ambassador’s sole discretion. Camera Ambassador logos and identification numbers must never be concealed or removed.
6. Insurance Options. Customer must obtain Third Party Insurance with a Certificate of Liability for full replacement of all inventory rented from Camera Ambassador as set out in the Rental Order Agreement, place a credit card deposit for the entire order replacement price as set out in the Rental Order Agreement, purchase Camera Ambassador's Protection Policy, or rent a Camera Ambassador “Crew Member” prior to any equipment leaving Camera Ambassador’s premises. All deductibles will be the Customer’s responsibility.
7. Third Party Insurance. If a Customer selects the Third Party Insurance option, it must be enforced and maintained at the sole cost of the Customer prior to equipment leaving Camera Ambassador premise and remain in force until the equipment is returned to Camera Ambassador. Insurance must be special form providing covered for the full replacement value of the entire Rental. Coverage must be on premise, in transit, unnamed locations and worldwide. It must include a “Locked Car” clause, covering the inventory in a car at all times. Unattended Vehicle Theft Exclusion won’t be accepted. The certificate of insurance must list Camera Ambassador as an additional insured party and a loss payee on the commercial general liability policy. Company shall be designated as follows: Camera Ambassador 2425 W 14TH ST Unit B Chicago, IL 60608
8. No Warranties. Customer is solely responsible in completing a detailed Inventory Checklist provided by Camera Ambassador. Equipment is rented AS-IS. All media management is in the sole responsibility of the Customer and Camera Ambassador is not responsible for any data loss. Camera Ambassador makes no warranties, express, implied, or otherwise, as to the performance of equipment, services, supplies, or film. Furthermore, Camera Ambassador makes no warranties, express, implied, or otherwise, of merchantability or fitness for a particular purpose.
9. Pick Up and Return of Equipment: Acceptance by Camera Ambassador of the returned Rental equipment does not waive any claims Camera Ambassador may have against Customer, including, but not limited to, claims for latent, patent, or hidden damage. Equipment must be picked up and returned at the time set forth by the Rental Order Agreement. If Customer needs to pick up or return any equipment at a different time than the time set forth by the Rental Order Agreement, they must contact Camera Ambassador to make arrangements.
• 1 hour past return time set forth by the Rental Order Agreement: 10% of the order total will be charged as Late Fee.
• 2 hours past return time set forth by the Rental Order Agreement: 20% of the order total will be charged as Late Fee.
• 3 hours past return time set forth by the Rental Order Agreement: 50% of the order total will be charged as Late Fee.
10. Damaged or Lost Equipment: Customer is solely responsible and liable for any and all loss, including theft, and/or damage to the equipment during the period covered by the Rental Agreement. In the event of any loss or damage to the equipment, Customer agrees to pay the rental rate during the period of time Camera Ambassador is deprived of the equipment and until such time as it is repaired and/or replaced. Camera Ambassador reserves up to 48 hours from when the item is returned to alert the Customer of any issues. In the event of any equipment damage, Camera Ambassador must handle all and any repairs.
11. Equipment Valuation: Customer agrees that the value of the equipment, in the event of damage or loss requiring replacement of said equipment, is determined by the cost of a similar replacement device, as determined by Camera Ambassador.
12. Cancellation. All cancelations are subject to a cancellation fee without exception. This fee is 25% of the order total and will be charged at time of cancelation. Camera Ambassador reserves the right to charge 25% of the order total to Customer’s credit card placed on file at time of order confirmation.
13. Default. If the Customer fails, without limitation, to make any payment at the due date, fail to select and gain proper insurance Camera Ambassador can nullify this Agreement and repossess the Equipment with no notice to Company or any involved parties. Camera Ambassador reserves the right to inspect the Equipment at any time during the Rental Period. The Customer agrees to allow any representative from Camera Ambassador on-camera-site access to Inventory at any time.
14. Indemnification: Customer agrees to assume full responsibility and liability for the safekeeping and return of all rented equipment accepted by Customer. Customer agrees to indemnify and hold harmless Camera Ambassador and any other persons to which Camera Ambassador may be responsible to indemnify and hold harmless, from any and all liability, claims, damages, costs, including legal fees, and expenses arising from Customer’s use, misuse and/or possession of the rented equipment.
15. Authority Warranty: Customer hereby warrants that any person which it directs or allows to receive equipment from Camera Ambassador, or who shall sign for acceptance of equipment, is authorized by Customer to do so. This authorized person is bound to the same terms of this Agreement. Customer herein waives any obligation on the part of Camera Ambassador to confirm said person’s authority to act on behalf of Customer.
16.Construction and Edits: In the event any parts of this Agreement are found to be void, the remaining provisions of this shall be binding. This document shall remain unedited unless a written Agreement is made between Customer and Camera Ambassador.
17. Titles and Limitation of Liability. The sole title of ownership and all rights to ownership of the Equipment shall, at all times, remain with Camera Ambassador. In no event shall Camera Ambassador be liable to Customer or any third party for any loss, without limitation. Customer hereby agrees to assume full responsibility and liability for any such Claims and for the safekeeping and return of all Equipment rented by Customer.
18. Non-Exclusivity/Non-Assignment. This is a non-exclusive . Customer shall not sell, sublease, or loan the Equipment or assign any of its rights or obligations under this Agreement to any other person or entity.
19. Choice of Law. The laws of the State of Illinois shall govern this Agreement. Customer agrees that any action arising out of or relating to this Agreement shall be brought solely in a state or federal court sitting in the State of Illinois, County of Cook, and Customer consents and submits to the jurisdiction of such court. In the event of any such action, Camera Ambassador shall be entitled to full reimbursement of attorneys’ fees and court costs, in addition to any other recovery, from Customer.
20. Confidentiality. Customer agrees that it shall not disclose the terms and conditions of the Contract or the discussions and negotiations that occurred between Company and Customer respecting the Contract and Rental Agreement to any third party, unless disclosure is required by law, and that it shall not disparage Company or any of its officers, directors or employees or CA’s successors or assigns.