TERMS & CONDITIONS
1. RENTAL PERIOD
The minimum rental period is one 24-hr day. Special rates are available for a “3 day week.” If the pick-up will occur before 3 PM, then the first chargeable day begins on the pick-up day; if the pick-up is scheduled after 3 PM, then the first chargeable day starts on the day after pickup. The last chargeable day ends on the return date if it is scheduled after 11 AM; if the return is scheduled before 11 AM, then the last chargeable day ends on the date before return. If the equipment is picked up or returned outside of the agreed upon time period, additional charges will be added.
Customer agrees to pay ELEVEN04 PRODUCTIONS, LLC for rental of the Equipment listed on the Rental Agreement according to the price and payment terms set forth on the Rental Agreement.
3. WARRANTY OF AUTHORITY
Customer hereby warrants that any person which it directs or allows to receive equipment from Eleven04 Productions and who shall sign for acceptance of said equipment is authorized by Customer to do so. Customer hereby waives any obligation on the part of Eleven04 Productions to confirm said person’s authority to act on behalf of Customer.
4. MAINTENANCE OF EQUIPMENT
The Customer agrees to keep and maintain all of the rental equipment in good condition and assumes full responsibility for all equipment and supplies until the rented equipment is returned, inspected, and tested. The Customer agrees not to remove, cover, alter or deface any tags, serial numbers or nameplates on the equipment.
ELEVEN04 reserves the right to request a Certificate of Insurance for any order. The insurance coverage must fulfill our Insurance Requirements attached to each Rental Agreement. All certificates shall be signed and issued by an authorized agent or representative of the insurance carrier. All deductibles on any insurance claim will be the Customer’s responsibility. The Customer may also choose to place a credit card deposit for the entire replacement value of the rented equipment as set out in the Rental Agreement. The Customer may be eligible for insurance exemption status based on our Registration Review for requested gear with a total replacement value of less than $10,000. Insurance exemption is determined on a case by case basis.
Eleven04 Productions LLC
2059B West Hastings Street.
Chicago, IL 60608
6. LOST AND/OR DAMAGED GEAR
Customer is solely responsible and liable for any and all loss (including theft) and/or damage to the equipment, normal wear and tear excepted, while in Customer’s possession. In the event of such loss and/or damage, Customer shall be responsible for the full replacement value of the equipment or, at Eleven04 Productions’ sole discretion and election, the cost of repair by a provider of repair parts and services chosen by Eleven04 Productions. Full replacement value shall mean the value of new equipment at the time of said loss or damage. In the event of loss or damage, Customer agrees to pay the full rental rate during the period of time Eleven04 Productions is deprived of the equipment and until the equipment is repaired or replaced. Customer agrees not to undertake repair or replacement of the equipment without the prior written consent of Eleven04 Productions.
7. INSPECTION OF EQUIPMENT AND USE
Upon removal of the equipment from Eleven04 Productions’ premises, Customer warrants that Customer has inspected the equipment, the equipment is in good working order and condition, and the equipment is fit for Customer’s intended use. Customer warrants that any employee or authorized third party, including couriers, receiving equipment, represent the Customer and all obligations bound to them within this document. The Customer shall operate the equipment in accordance with the manufacturer’s instructions and contemplated use and shall not use the equipment in any manner which will subject it to abnormal or hazardous conditions, including, but not limited to: using the equipment in any manner other than that which is in accordance with manufacturer’s instructions and contemplated use, negligence (defined as, but not limited to, failure to provide prudent security measures to prevent theft or carelessness in maintaining the equipment properly); or misuse (defined as, but not limited to, improper use of the equipment causing damage due to the utilization of the equipment in a manner for which it is not designed). The Customer shall not make any alterations or improvements to the equipment without the prior written consent of Eleven04 Productions and shall not deface, remove, or cover any nameplate on the equipment showing Eleven04 Productions ownership. All equipment shall be operated in accordance with applicable Federal, State and local laws.
All payments for rental orders are due at the time of pick-up unless other payment arrangements have been made between Eleven04 management and Customer in a written form. In the event that there are any surcharges – including but not limited to Late Fees, Cancellation Fees, Cleaning Fees, Loss & Damage Fees, Gas Charges, and Mileage Charges -sent to Customer, payment is due within 3 business days. Eleven04 Productions reserves the right to charge the credit card placed on file for any outstanding balances. If the payment fails to be processed, a charge of 1.25% per month will be applied. (‘Month’ is defined as 30 days.)
Any cancellation by the Customer upon acceptance of Eleven04 Quotation Agreement shall be considered a breach of contract, and Eleven04 Productions – at its sole discretion – reserves the right to charge a 25% cancellation fee of the total rental charge at the time of cancellation. Eleven04 Productions reserves the right to charge 25% of the total rental charges to the Customer’s credit card placed on file.
10. LATE FEES
All rentals must be picked up and returned at the time set forth by the Rental Agreement. If Customer needs to pick up or return at a different time than the time set forth by the Rental Agreement, they must contact Eleven04 Productions to make arrangements. Outside of Business Hours Staffing charges may be added depending on the requested time frame. If a Customer fails to communicate with Eleven04 prior to the delay of their pick up/return time, a Late Fee may be added to the order..
1 hour past agreed return time: 10% of the order total rental charge will be added as Late Fee.
3 hours past agreed return time: 50% of the order total rental charge will be added as Late Fee.
Any conflict of future orders caused by the late return will be Customer’s responsibility. Eleven04 Productions reserves the right to charge any Loss of Business or Subrental fees to the Customer.
Any Late Pick-ups after regular business hours may result in additional Outside of Business Hours Staffing fees and is subject to staff’s availability.
11. CLEANING FEES
Any equipment or vehicle returned in an unreasonably dirty condition (sand, mud, extreme dirt, etc.), a $30/hour Cleaning Fee will be added to the order. Final bill will be determined by the actual labor hours spent on cleaning.
12. GAS CHARGE
All grip trucks leave the shop with a full tank and are expected to return with a full tank. If the truck is returned without a full tank, an additional Gas Charge may occur. The charge is subject to change based on the market price of fuel. A $15 service charge will also be applied for facilitating the filling of the gas tank.
13. MILEAGE USAGE
Eleven04 offers a complimentary 30 miles of usage for each rental. Once the complimentary 30 miles have been used up, the Customer is responsible for paying for the entire amount of mileage used at a rate of $0.75/mile.
14. TOLLS, PARKING, VIOLATIONS:
All tolls, parking fees, and other violations for rented vehicles are the Customer’s responsibility to be paid in full before the end of the rental period. If any unpaid fees are incurred or charged to Eleven04, Eleven04 will bill back to the Customer with an additional 5% service charge.
15. RETURNED EQUIPMENT
Eleven04 Productions will not refund a customer for returning gear earlier than expected unless the cause of said return is out of their control and deemed valid by the appropriate management staff. Evidence of such an event should be provided by the renter. Eleven04 Productions will not refund a customer for finishing their shoot and returning a day or more early.
16. DRIVERS AND OPERATORS
Any and all drivers and operators who drive or operate the vehicles and equipment Customer is renting/leasing from Eleven04 shall be duly licensed, trained and qualified to drive and operate the rented vehicles and equipment. Eleven04 does not supply drivers or operators, however, we have recommended personnels that Customers may hire through Eleven04 or separately. Customer must supply and employ any drivers or operators, and they shall be deemed to be Customer’s employee and acting under Customer’s supervision or control for all purposes and shall be coerced as an insured on all of Customer’s applicable insurance policies.
Customer will be responsible for all expenses incurred during the rental period, including but not limited to fuel, crewing, and all other charges in connection with the operation of the equipment or vehicle.
18. DEFAULT AND RIGHT OF ENTRY
In the event of any default by Customer including, without limitation, failure to make any payment when due, lapse of the required insurance coverage, or entering into a state of insolvency, bankruptcy,43 or receivership, Eleven04 Productions may terminate this Agreement and repossess the equipment without prior notice to Customer or to any receiver, trustee, or assignee for the benefit of creditors
19. EXCLUSION OF WARRANTIES
Customer herein acknowledges that all equipment to be rented from Eleven04 Productions will be as a result of customer’s sole selection, discretion and opinion as to equipment which it requires. All equipment is accepted by the customer “as is”. No warranties or representations are made by Eleven04 Productions of any type or nature whatsoever, expressed or implied, regarding the performance of cameras, services, supplies, film or other equipment rented. All media management is the sole responsibility of the Customer and Eleven04 Productions will not be responsible for any data loss. Eleven04 Productions herein expressly excludes any and all warranties, guarantees, expressed or implied, statutory, by operation of law, or otherwise, including any implied warranties of merchantability or fitness for a particular purpose. In no event, under no circumstances, shall Eleven04 Productions be responsible or liable to customer or anyone else for any damages, including lost profits, lost savings or other direct or indirect incidental or consequential damages arising out of the use or inability to use any equipment rented or the alleged breach of any agreement described herein, even in the event that Eleven04 Productions or Eleven04 Productions agents have been advised of the possibility of such damages.
20. INDEMNIFICATION AND HOLD HARMLESS
The Customer hereby agrees to indemnify and hold Eleven04 Productions harmless from and against any and all losses and/or claims, including without limitations reasonable attorney’s fees, arising out of Customer’s possession, use or operation of the equipment during the time between delivery of the equipment during the time between delivery of the equipment to the Customer and its return to Eleven04 Productions LLC.
21. RETURNED EQUIPMENT
Eleven04 Productions’ acceptance of the return of the equipment is not a waiver of any claims Eleven04 Productions may have against Customer including claims for latent or patent damage to the equipment. Eleven04 Productions LLC shall have a reasonable period of time after the return of said equipment to discover said damages.
22. EXCLUSIVE POSSESSION/NON-ASSIGNABILITY OF LEASE
The Customer shall not sublease or loan the equipment or assign this Agreement to any other persons, firms or corporation and said equipment shall at all times remain under the immediate, exclusive control and direction of the Customer.
23. MISCELLANEOUS PROVISION FOR LIENS, CHARGES, ETC
The Customer specifically acknowledges Eleven04 Production’s ownership of the equipment and agrees to keep the equipment free of all liens and encumbrances. The Customer agrees that he shall be liable for all taxes, transportation charges, duties, broker fees and any and all other costs imposed upon the equipment.
24. GOVERNING LAW
This Rental Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue in any action involving the equipment, this Rental Account Agreement, or any Rental Agreement, shall be in courts having suits in Cook County, Illinois. The prevailing party in any proceeding shall be entitled to an award of reasonable attorneys’ fees and litigation costs.
25. EFFECTIVE DATE, TERM, EFFECTIVENESS, AND CANCELLATION
This agreement is effective for all the rentals that happen within the period of the term between the Customer and Eleven04 Productions. This agreement can be canceled by either party. Once canceled, the Customer acknowledges that he/she needs to sign a new rental agreement before being allowed to rent out equipment from Eleven04 Productions. If the customer fails to sign a new rental agreement, then this agreement will remain effective. This agreement can not be canceled until all the equipment has been returned, inspected, and all the payment has been paid. Both parties should be notified regarding the cancellation at least 7 days before the cancellation becomes effective.
The headings as to the contents of particular paragraphs of this Agreement are inserted for convenience and reference only and shall not be construed as a part of this Agreement nor be considered in construing the terms hereof.
27. ENTIRE AGREEMENT
This Agreement sets for the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and cancels and supersedes any prior oral or written agreement between the parties with respect to the subject matter. No alterations, additions, amendments or modifications to this Agreement shall be binding unless made in writing and executed by an authorized agent of Eleven04 Productions.
28. CONSTRUCTION OR AGREEMENT
In the event any parts of this Agreement are found to be void, the remaining provisions of this Agreement shall be binding with the same effect as if the void parts were not included.
29. FACSIMILE/SCANNED SIGNATURE
This Agreement may be executed in counterparts and by facsimile signature or signature that is scanned and transmitted by email; such forms of signatures shall be deemed to be original and fully binding.