Rental Agreement
PORTABLE PRODUCTION POWER LLC. RENTAL AGREEMENT
The following, when signed by: Productions llc. (“RENTER”) and Portable Production Power llc, (“OWNER”) will constitute our agreement.
1. EQUIPMENT: Owner has agreed to supply renter with the requested equipment. Owner represents and warrants that all such equipment will be in first-class working condition and has been properly maintained and inspected, having passed all necessary inspection and licensing requirements and is in full compliance with all applicable laws, rules and regulations. Owner agrees to and does hereby indemnify and hold Renter harmless of and from any and all losses, damages, claims, demands of liability of any kind or nature whatsoever, including reasonable legal expenses, arising from any latent, hidden or other defect or product liability with respect to the equipment, any damages caused by Owner’s (or its employees’ or agents’) negligence or willful misconduct by Owner. Renter is deemed to have taken full possession of the Equipment the moment Equipment is in renter’s custody and control. Renter agrees to return set forth equipment with the gas tank on full at the end of the set forth term below. Renter agrees to maintenance change filters and oil every 250 hours.
2. RISK OF LOSS: Renter agrees to promptly report any accidents or damages to the owner on set forth rented equipment within 24 hours of incident. Renter assumes all risk of loss whether or not covered by renter’s insurance coverage while under renter’s care. Renters responsibility shall include, but not be limited to, risks while in transit by any means and or individuals, at all locations named and unnamed, at all studios, while on renter’s premises, and while in renters use. Notwithstanding anything contained herein to the contrary, Renter shall be responsible for the loss, damage or destruction of the equipment, and any damages or liabilities arising therefrom, to the extent arising from the negligence or willful misconduct of Renter or its employees under Renters care. In the event Renter is responsible for any loss, damage or destruction of the equipment, Renter shall be responsible for the actual, reasonable costs of repairing such equipment, not to exceed the actual cash value of such equipment. Renter will be provided with an estimate quoted by the manufacturer or repair company on the behalf of the owner no later than 30 days from the original report of damages. Renter shall be held responsible for compensating owner (within good faith in reasonable amounts) on any down time as a result of loss, damage or deconstruction of equipment by renter and or its affiliates.
3. INSURANCE: Renter shall at its expense, and at all times during the rental, maintain in full force and effect a limit of insurance covering all Equipment and/or Vehicles rented hereunder, from all sources, as herein provided. All Equipment shall be insured for the full replacement cost without deduction for depreciation. All Vehicles shall be insured at actual cash value. In addition, all Equipment and Vehicles shall be insured for actual verifiable loss of use of the Equipment or Vehicles (i.e. rental charges based on the greater of either the actual verifiable loss of business or the average rental history of the Equipment or Vehicles, as computed for the period of time the Equipment or Vehicle(s) is being repaired and/ or replaced not to exceed 90 days). Renter shall deliver to the owner evidence of renter’s insurance coverage prior to renter taking either constructive or actual possession of the Equipment and/or Vehicle(s). Renter will forward a Certificate of Insurance evidencing renter’s liability, automobile, property and worker’s compensation insurance with a reputable insurance carrier acceptable to the owner that complies with coverage requirements within this rental agreement. Renter shall be liable for the (a) full replacement cost of Equipment without deduction for depreciation, (b) actual cash value for Vehicles, and (c) loss of use of the Equipment and Vehicles (i.e. rental charges based on the greater of either the actual verifiable loss of business or the average rental history of the Equipment or Vehicles, as computed for the period of time the Equipment or Vehicle(s) is being repaired and/ or replaced not to exceed 90 days), arising or resulting from any failure by renter to maintain the policies and limits of insurance set forth above and for any and all claims, losses, liabilities, damages and expenses (including, without limitation, attorneys’ fees and court costs) which, for any reason (other than a final, non-appealable judicial determination that same arose or resulted from the negligence or willful misconduct of owner) shall not be covered or paid by renter’s insurance, including, without limitation, deductibles and any of same exceeding the coverage and limits of insurance set forth above.
4. DOCUMENTS: Renter agrees to complete and return all necessary paperwork to the owner prior to equipment leaving Owner’s facility, including; rental agreement, tax information, purchase order and certificate of insurance. The certificate of insurance will evidence commercial general liability coverage for a minimum of $1,000,000.00. Owner must be named as additional insured.
5. PAYMENT: Renter and Owner have agreed to the following rental fee: $/day and or $ a week. Renter will pay such fees as follows: net 30 days upon delivery of invoice. Owner will be responsible for payment of any taxes relating to such rental and shall indemnify and hold harmless; Renter from and against any claim for failure to withhold taxes from the rental fees. Productions running less than three weeks may be subject to payment upfront. A deposit, as set forth in an invoice or the purchase order, may be required to hold above set forth equipment at the time of signed contractual agreement.
6. TERM: The term of the rental shall begin on: TBD and end on: TBD. Equipment needed longer than set forth dates agreed upon will be
7. RIGHT TO RECORDINGS: Owner hereby grants to Renter, its successors, assigns and licensees the right to photograph, make recordings of and on, reproduce, and otherwise use the Equipment for and in connection with such motion picture, television or other production, as Renter determines, and to exhibit, advertise and exploit such photographs and recordings in any manner whatsoever, and in all media whether now known or hereafter devised (it being the intention of the parties to confer upon Renter the full economic benefit of exploitation in all media, as such media and others may evolve in the future), at any time in perpetuity throughout the universe.
8. REMEDIES: In the event of Renter’s breach of the Agreement or any dispute with respect thereto, Owner will be limited to its remedy at law for monetary damages, if any, and in no event will Owner be entitled to restrain or enjoin the production, distribution, exhibition or exploitation of any of Renter’s productions, including but not limited to the Program, or otherwise be entitled to any injunctive or other equitable relief. Renter shall have no obligation to use the Materials or Owner’s services in the Production, or to produce, distribute, exhibit or otherwise exploit the Production.
If the foregoing correctly sets forth our agreement, please sign in the place indicated below.
Very truly yours, Portable Production Power llc.
ACCEPTED AND AGREED:
By Owner: Eric Glynn Owner:
Renter:
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