RENTAL TERMS AND CONDITIONS:
1. Peoria Camera Shop (“OWNER”) hereby rents to RENTER, and RENTER hereby rents from OWNER the above-described and listed Rental Equipment & Accessories (“Equipment”).
2. RENTER must pay rent and a deposit, if applicable, to OWNER in advance, in full.
3. RENTER must provide a copy of his/her current Driver’s License and Credit Card (front & back).
4. The Rental Term of this Agreement shall start and end with dates listed above. RENTER must return the Equipment to Peoria Camera Shop, at the address listed above, by the end of business hours on the End Date.
5. If RENTER fails to return the Equipment on or before the End Date, RENTER must pay OWNER a late fee of Fifty Dollars ($50.00) per day. If RENTER fails to return the Equipment within seven (7) days after the End Date, RENTER must pay OWNER a late fee equal to the entire replacement cost of the Equipment.
6. At RENTER’s own cost and expense, RENTER shall keep and maintain the Equipment in a good state of repair, normal wear and tear excepted, until the Equipment is returned to OWNER.
7. No allowance will be made for any Equipment or portion thereof that is claimed not to have been used. Acceptance of returned Equipment by OWNER does not constitute a waiver of any of the rights OWNER has under this agreement.
8. The Equipment remains at all times the sole and exclusive property of OWNER. RENTER has no rights or claims to the Equipment. RENTER shall not pledge or encumber the Equipment in any way. OWNER may terminate this agreement immediately upon the failure of RENTER to satisfy any of the terms and obligations herein, or upon RENTER’s filling for protection from creditors in any court of competent jurisdiction. RENTER shall own all images, video, and sound recordings made by RENTER while using the Equipment.
9. OWNER makes no warranty of any kind regarding the Equipment, except that OWNER shall replace Equipment with identical or similar equipment if equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after RENTER returns the non-conforming equipment. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind resulting from the use or malfunction of the Equipment. RENTER assumes all liability that may arise from the use or failure of the equipment, including all consequential, incidental, and special damages for any claimed breach of warranty.
10. RENTER shall not materially modify or alter the Equipment. In the event of any material modifications, RENTER shall pay all costs of OWNER in restoring the Equipment to its normal condition. At OWNER’s discretion, a restoration fee may be charged to the RENTER if any of the following must be removed from the Equipment upon return: smoke, mud, dirt, chalk, powder, sand, dust, or any other foreign material, matter, or substance that must be removed from the Equipment before it is placed back in OWNER’s inventory. RENTER assumes and shall bear the entire risk of loss of the Equipment or damage to the Equipment from any cause during the Rental Term and until the Equipment is returned to OWNER. RENTER must pay OWNER full compensation for replacement of the Equipment that is not returned because it is lost or stolen. RENTER must pay OWNER full compensation for repair of Equipment that is damaged and in need of repair to put the Equipment into the same condition that it was in at the time RENTER took possession, normal wear and tear excepted. OWNER’s invoice for replacement or repair is conclusive as to the amount RENTER must pay under this Agreement for restoration, repair, or replacement of the Equipment.
11. If RENTER owes OWNER a late fee or compensation for restoration, repair, or replacement of the Equipment, RENTER’s deposit, if applicable, will be applied to the balance, and if necessary, RENTER’s form of payment on file with OWNER will be charged for any remaining balance. If RENTER breaches this agreement, OWNER reserves the right to pursue all available civil and criminal remedies against RENTER, including but not limited to: recovering possession of the equipment, obtaining from RENTER’s form of payment on file any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and pursuing any civil remedies available.
12. RENTER agrees to pay all reasonable attorney fees, expenses, and costs incurred by OWNER in protection of its rights under this agreement and for any action taken by OWNER to collect any amounts due the OWNER under this agreement.
13. Prior to taking delivery of the Equipment, RENTER shall provide to OWNER a Certificate of General Liability Insurance acceptable to OWNER, with OWNER named as the Loss Payee, in a form and amount (not less than $1 million) satisfactory to OWNER, evidencing RENTER’s insurance covering all risk of loss to the Equipment, worldwide, at replacement cost value plus any continuing rental charges at the same rate set forth on the Rental Agreement (such payments to continue until the date of receipt of the replacement cost by OWNER), including coverage of the Equipment while in transit. The RENTER’s insurance must include rented or leased Equipment coverage and must provide coverage during the entire time of rental or lease, including transportation of the Equipment to and from OWNER’s place of business, even if such transportation is accomplished by a third party carrier. This RENTER’s insurance binder must have an expiration date of no less than thirty (30) days past the end of the rental period. If the certificate is to be modified, amended, or changed, a new certificate must be on file prior to the expiration date of the original.
14. OWNER reserves the right to run an authorization on RENTER’s credit card for the total amount of the rental at the time the Rental Agreement is executed, or at any time thereafter. RENTER hereby authorizes OWNER to charge the credit card listed below for all invoice amounts, without subsequent prior written or verbal notification to the cardholder. It is the RENTER’s responsibility to contact OWNER of any changes in the Customer’s credit card account, in order to arrange for an alternative card to be used.
15. This represents the entire agreement between OWNER and RENTER. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. This agreement shall be enforced according to the laws of the State of Illinois without respect to Illinois’s choice of law principles. OWNER AND RENTER agree that the United States District Court for the Central District of Illinois, and/or Illinois’s 10th Judicial District shall have exclusive jurisdiction over any dispute between the parties of this agreement.