Gear Rental Agreement

BY USING OUR RENTAL SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO THE FOLLOWING.

 

• Lease: This Rental Agreement contains the conditions and terms under which users may rent equipment through our site and is made and effective by clicking on the “Submit Rental Request” button, by and between InMotion Rentals, and current user ("Lessee"). By clicking on the “Submit Rental Request” button, Lessee agrees to the following Terms: InMotion Rentals hereby leases to Lessee, and Lessee hereby leases from InMotion Rentals, the equipment shown on the Gear Rental request form and or any additional equipment added to the order via email, “Gear additions form” or in-person.  The Equipment is, and shall at all times be and remain, the sole and exclusive property of InMotion Rentals.  InMotion Rentals does not guarantee that any content on the site is accurate or complete, including price information, video links and product specifications.

 

• Term: The term of this Lease begins the day the rental equipment is picked up at InMotionPro’s studio and expires on the last day of the rental period as shown on the Gear Rental Request form (“Return Date”). The Equipment must be returned to InMotionPro studio by 2pm on the Return Date to avoid additional fees. Should Lessee return the Equipment after the return date or time, InMotion Rentals reserves the right to charge the Lessee additional Rental fees for the extra time. You hereby give InMotion Rentals permission to contact you via the US mail, email, telephone, or text message regarding information and the status of your rented equipment.

 

• Rent and Deposit: All fees associated with the rental will be paid in full at the time of pickup. InMotion Rentals reserves the right to request for a deposit on any given order. If requested by InMotion Rentals, Lessee shall pay the requested deposit prior to receiving any Equipment. This deposit will be refunded, subject to InMotion Rentals’s option to apply it against any charges or damages incurred, only after all Equipment has been inspected and tested to assure that nothing has been lost or damaged and all Rent has been paid. If additional charges exceed the amount of the deposit, Lessee will be liable for such additional amount. Any amounts refundable to Lessee shall be remitted within ten (10) days of InMotion Rentals’s satisfactory inspection of the Equipment.

 

• Use: Lessee shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform to all laws, and regulations in any way relating to the possession, use or maintenance of the Equipment including any manufacturer’s recommendations, warnings and instructions as to the safe use of the Equipment and any instructions or policies of InMotion Rentals. Lessee shall make no alterations, modifications, or changes to the Equipment. Lessee shall not remove, cover, alter, or deface any tags, serial numbers, or nameplates on the Equipment.

 

• Representations, Warranties and Agreements: Lessee has selected the Equipment, using Lessee’s own knowledge and judgment and acknowledges, that while InMotion Rentals may have provided assistance or recommendations to Lessee at Lessee’s request or Lessee may have derived advice from InMotion Rentals content, InMotion Rentals assumes no responsibility for the Equipment as being fit for any particular purpose.

 

• Age: Due to the value of the Equipment Lessor will not rent Equipment to persons under the age of 18. Lessee agrees not to allow any person to pick up, or return the Equipment who is under the age of 18. 

 

• Used Equipment: Lessee acknowledges that the Equipment may be used and may be cosmetically flawed. However, InMotion Rentals warrants that the Equipment, whether new or used, will be in proper working condition and is free from known defects to the best of its knowledge at the inception of the rental.  Lessee agrees that the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied.  InMotion Rentals shall not be held responsible with respect to production downtime, loss of profits, loss of goodwill, losses of time, damage to film, extra expense, special, indirect, exemplary, consequential, or punitive damages, production delays, damage to other equipment or supplies, third party contracts, or damage to property.

 

• Taxes: The prices displayed on this site do not include sales taxes, which will be added to your rental total. You are responsible for the payment of taxes that may apply to your order.

 

• Order Acceptance Policy: Submitting a Gear Rental Request form on our site does not constitute confirmation of InMotion Rentals’s offer to rent or reserve requested equipment. InMotion Rentals reserves the right to reply to a Gear Rental Request with acceptance or decline Lessee’s order or to supply less than the quantity Lessee ordered of any item for any reason.

 

• Out-of-Stock Products and Multiple Product Orders: Availability provided by InMotion Rentals is based on the assumption that each of InMotion Rentals’s customer returns Equipment within the prescribed Rental Period. If Equipment is unavailable, Lessee may cancel the order at any time prior to pickup.

 

• Cancellations: Lessee may cancel a pending reservation at any time prior to order pickup. InMotion Rentals reserves the right to cancel any order at any time before pickup occurs at its sole discretion.

 

• Insurance: Lessee are responsible to provide their own insurance on the rented equipment for the duration of the Rental Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by InMotion Rentals until the Equipment has been returned to InMotion Rentals in good working order. Should Lessee choose to insure the Equipment, Lessee shall add “InMotion” as an Additional Insured on Lessee’s insurance policy and provide InMotion with a Certificate of Insurance upon request.  Here is a link to an insurance agency, however, in no way is this agency connected with InMotion. Please use at your own discretion:https://www.insuremyequipment.com/Home/PolicyInfoDetails/2

 

• Repairs: Lessee agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.

 

• Loss and Damage: Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease.  InMotion Rentals reserves the right to charge Lessee’s credit card for the full cost of repair (including, but not limited to, all costs of labor, material, parts, and similar items) or charge Lessee the full replacement value of the Equipment, without deduction for depreciation.  Lessee shall pay all reasonable attorney and other fees, the expenses and costs incurred by InMotion Rentals in protection of its rights under this Rental Agreement and for any action taken by InMotion Rentals to collect any amounts due under this Rental Agreement.

 

• Non-Working Equipment: Lessee shall notify InMotion Rentals within 24 hours of receipt of any malfunction and/or alleged damage of such Equipment. Failure to provide InMotion Rentals with such notice shall be conclusively deemed as acknowledgement that all Equipment is in good working order. In the event Equipment is not functioning and/or damaged, Lessee must not attempt to repair or modify the equipment himself/herself/itself. Lessee must immediately return such non-working Equipment to InMotion Rentals and InMotion Rentals will either trade for a functioning equivalent or issue Lessee a credit or refund of all non-working Equipment. Once InMotion Rentals receives notification of suspected damage of Equipment, InMotion Rentals shall submit such damaged Equipment to the manufacturer or third party repair service provider,  for inspection and repair. Lessee and InMotion Rentals hereby agree to be bound by the damage report provided by such Repair Professional as to the cause and liability of such damage.

 

• Surrender: Upon the expiration of this Lease, Lessee shall return the Equipment to InMotion Rentals clean and in good working condition, ordinary wear and tear resulting from proper use is excepted. InMotion Rentals reserves the right to inspect the Equipment within a reasonable time after the return of the Equipment and make a determination as to whether such returned Equipment was damaged during the Rental Period. Lessee is responsible for removing any digital media or Lessee’s property of any kind prior to returning such Equipment to InMotion Rentals. Should the returned Equipment be deemed dirty in InMotion Rentals’s sole judgment, InMotion Rentals reserves the right to charge Lessee a “Cleaning Fee” the amount of which will be in InMotion Rentals’s sole discretion.

 

• Early Returns: No refunds or allowances will be made for any Equipment which is claimed not to have been used. Acceptance of returned Equipment by InMotion Rentals does not constitute a waiver of any of the rights InMotion Rentals has under this Rental Agreement.

 

• Late Return: If Lessee does not return equipment by 5pm on the return date, they will be subject to additional rental duration fees per item until the gear is returned.

 

• Default: If Lessee fails to pay any Rent or other amount herein provided within ten (10) days after the rental date, InMotion Rentals has the right to exercise any one or more of the following remedies:
• To charge Lessee’s credit card on file for all amounts due, including late fees.
• To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
• To terminate this Lease.
• To pursue any other remedy at law or in equity.

 

• Force Majeure: With the exception of any payment obligations, neither party shall be liable for failing to perform its obligations hereunder, where delayed or hindered by war, riots, embargoes, strikes, acts of a party’s vendors or suppliers, accidents, acts of God, pervasive internet failures, or any other event beyond such party’s reasonable control.

 

• Exclusive Possession: Lessee shall not sublease or loan the Equipment or assign this Rental Agreement to any other persons, firms, organizations, or corporations and said equipment shall at all times remain under the immediate, exclusive control and direction of the Lessee.

 

• Warranty of Authority: Lessee hereby warrants that any person which it directs or allows to receive the equipment from InMotion Rentals is authorized by Lessee to do so. Lessee hereby waives any obligation on the part of InMotion Rentals to confirm said person’s authority to act on behalf of Lessee. InMotion Rentals shall have no liability for and Lessee shall have sole liability for any Equipment ordered by Lessee regardless of who may actually accept delivery of rented equipment.

Please contact us at mail@inmotion.pro with any questions regarding this agreement. v051221