UFP Rental Agreement
The above named individual or entity (hereafter called "LESSEE") agrees to rent from UNDERFUNDED FILM PRODUCTIONS LLC. (hereafter called "LESSOR") certain motion picture equipment. The set forth in each invoice (hereafter called "ORDER") for the terms set forth herein and at the rent set forth herein. This Rental Agreement is subject to the following additional terms and conditions.
SCREEN CREDITS: Unless otherwise agreed by Lessor, Lessee shall provide screen credits to Lessor as specified by Lessor. (ex: Film Equipment Provided by UFP Rentals, or G/E Equipment Provided by UFP Rentals) Credits are not required for commercials and other films that do not have credits. If
RENTAL PERIOD: Rental days are defined as filming days. Travel days and non-filming days are not included when calculating the total cost of the rental. Unless otherwise agreed, rental payments shall begin on the date specified in the Order and shall continue until the equipment is returned. Lessee is required to make an appointment for pick up with Lessor. Lessee agrees to pick up said equipment at the appointed time. If Lessee misses appointment time by more than 30 minutes, a $15 missed appointment fee will be applied to the rental total. Lessee agrees to return said equipment on the date specified in the Order. Irrespective of any agreements with respect to the number of rental days, full daily rates shall be charged for each day said equipment is not returned after the date specified for the return of the equipment. When on a daily schedule, daily rates will be charged for each day, Sundays and Holidays included if the equipment is used. The daily rate will be charged for each full day or any portion thereof.
PAYMENT: Payment is due before or at time of pick up. Payment can be rendered in person via credit/debit card, cash, check, money order or cashier's check or through Venmo or PayPal. Equipment will not be released until payment has been received.
Refunds will be provided for any overcharges due to last minute changes to the Order. If the Lessee prepays for equipment he or she does not check out, the rental cost of those items will be refunded. If any additional charges are added to the rental during the rental period (additional days, damages, missing items, etc), upon return, payment must be provided by Lessee or the credit card on file with the Lessee will be charged.
CANCELLATIONS: Lessee shall pick up and return said equipment on the dates set forth in the Order. Notification of a cancelled Order more than 24 hours before the scheduled pick up time will not be subject to any cancellation fees. Cancelled orders with less than 24 hours shall entitle Lessor to compensation not to exceed the Lease payments for any losses Lessor may sustain because of the Lessee's cancellation of all or part of an order.
USE OF EQUIPMENT: Neither this Lease, nor Lessee's rights hereunder shall be assignable except with Lessor's written consent. The conditions and terms hereof shall bind any successors and permitted assigns of Lessee. Lessee shall not sub Lease said equipment nor any part hereof without written consent of Lessor, inasmuch as Lessor agrees that this equipment is rented for the purpose of Lessee' use only.
DELIVERY AND RETURN: All equipment shall be picked up by Lessee or a agent designated by Lessee at Lessor's place of business, or at Lessee's request, Lessor shall arrange delivery to a location designated by Lessee. In the case of delivery, Lessor agrees to deliver to Lessee or its authorized agents within the time period agreed upon. Lessor is not responsible for non-availability, nor for any failure of Lessee, its agents, or authorized or designated carrier to accept or pick up said equipment.
Delivery of the equipment to Lessee shall be deemed complete at Lessor's premises when the equipment is placed on Lessee's transportation or with a carrier arranged by Lessee or Lessor. Lessee bears all risks of loss or damage to the equipment from time of delivery to Lessee (as defined) until the return of the equipment to Lessor's premises. Return of equipment to Lessor shall be deemed to occur when the equipment has been off-loaded onto Lessor's premises, whether the return is by Lessee or a carrier arranged by Lessee or Lessor.
Unless otherwise stated, Lessee shall not transport the equipment out of the State of Utah without prior consent of Lessor.
NO WARRANTIES: Lessee acknowledges that the equipment listed in the Order has either been examined and tested by a representative of the Lessee, or that the opportunity to examine and test the equipment was permitted, and that the same is in good workable condition and accepts the same as is, and without any rental reductions or claims therefor. Lessee acknowledges that this equipment is Leased without warranty or guarantee of any kind, express or implied, and that Lessor assumes no responsibility, express or implied, in fact or in law, for the performance or nonperformance of said equipment other than as expressly agreed herein (whether the failure is caused by the negligence of Lessee, Lessor, or any other person or entity.)
Lessee agrees to notify Lessor immediately upon discovery that equipment is not in workable condition and to return all such equipment to Lessor at Lessee's sole cost and expense. Lessee expressly agrees to bear the risk of loss, direct and consequential, for any equipment found not in workable condition. Lessor's only obligation shall be to use reasonable efforts to repair or replace any damaged or defective equipment which defect existed at the time of delivery and which was not readily apparent from inspection, or to refund any rental payments for such equipment.
INDEMNITY: Lessee agrees to and does hereby indemnify and hold Lessor, its officers, agents and employees, harmless from and against any and all losses, damages, claims, demand of liability of any kind or nature whatsoever, including legal expense, arising from the use, condition (including without limitation latent and other defects) or operation of the equipment rented, and by whosoever used or operated during the term hereof. This indemnification shall continue in full force and effect during and after term of this Lease and the Order for causes arising during the term of this Lease.
INSURANCE: Lessee is not be required to provide insurance covering the equipment rented hereunder.
However, in the event that the Lessee decides to insure the equipment, the Lessee agrees to the following: (1) To provide and maintain in full force and effect insurance covering the equipment rented in the Order for full replacement costs and for loss of rents of said equipment, from the date of the Order until the equipment is returned, including any damage while the equipment is in transit or storage. (2) Said insurance shall name Lessor's loss payee, and the rights of Lessor under such insurance shall not be affected by any act or neglect or breach of condition by the lessee. (3) Such insurance shall be written by reputable insurers, with any deductible and/or policy limit as specified by Lessor. (4) Said insurance shall cover all risks of physical loss or damage. (5) Lessee shall also name Lessor as an additional insured as regards liability insurance and Lessee's liability insurance shall be deemed primary insurance in the event of any claim or suit. (6) Lessee shall provide to Lessor a certificate of insurance in compliance with this paragraph prior to delivery of the equipment. Notwithstanding this paragraph, Lessee shall remain primarily liable to Lessor for full performance under this Lease. Lessor may enforce its remedies directly against Lessee without resort to insurance.
DEPOSIT: A cash deposit may be required from the Lessee prior to the Lessor releasing the equipment to the Lessee's possession. The deposit required by the Lessor depends on the value of the equipment being rented but is a minimum of $20. The deposit will be immediately and fully refunded to the Lessee when (1) the equipment is returned in a timely manner to the Lessor, (2) the equipment has been inspected by the Lessor and (3) the equipment is found by the Lessor to be complete and in good condition. In the event that equipment is incomplete or damaged, the deposit will be forfeited and will be used toward the Lessor's costs for replacement and/or repair of the subject equipment. The Lessee agrees to pay for any additional Lessor costs for damage or replacement of the subject equipment (see Loss and Damages section). The Lessee further agrees to pay for any court or legal fees required to collect such costs.
LOSS AND DAMAGES: Lessor has 48 hours to check and find damages with said equipment. If equipment is returned in damaged or non-working condition, Lessee shall pay to the Lessor the repair costs of said equipment, both parts and labor to repair said equipment.
In the event that any of the equipment is lost, stolen, damaged beyond repair, destroyed or otherwise disappears or is not returned for any reason, Lessee shall pay to the Lessor the replacement cost of said equipment, in addition to the accrued rental at the time of actual replacement. The foregoing liability for lost, damaged, destroyed or missing equipment shall apply whether the loss, damage or destruction is caused by or results from the active or passive fault of Lessee, or through no fault of Lessee.
Any equipment which is damaged, lost or destroyed by Lessee or its agents or employees while on Lessor's premises shall be deemed to have been lost, damaged or destroyed while in Lessor's possession.
TITLE: Title to the equipment is retained by the Lessor, and Lessee covenants that it will not assign, pledge or encumber the equipment in any manner whatsoever, nor permit any liens to become effective thereon.
INSPECTION BY LESSOR: Lessor shall have the right to inspect the Leased equipment at any time during the term of this Lease. Lessee shall make any and all arrangements necessary to permit Lessor access to the location of the equipment. Any breach of this provision shall be deemed material and entitle Lessor to exercise any of the remedies set forth in this Lease.
DEFAULT AND BREACH OF TERM: In the event of default by Lessee in payment of rent hereunder, or Lessee's breach of any terms of this Lease, or if Lessee shall assign or attempt to assign said equipment or any interest therein, as security or otherwise, or if any lien or encumbrance is placed against said equipment by any person or entity claiming rights against Lessee, or if Lessee becomes insolvent or executes an assignment for the benefit of creditor's, or if a voluntary or involuntary petition in bankruptcy is filed by or against Lessee, or if Lessee misuses or mishandles said equipment, or damages same, or attempts to remove said equipment from the State of Utah without the consent of Lessor, then Lessor may at its option exercise one or more of the following remedies:
a. Declare the entire amount of rentals due and payable from the time of said breach; b. Sue for and recover all rents or other sums due or to accrue thereafter under terms of this Lease; c. Take possession of the said Leased equipment without demand or notice and without liability for trespass or other damages in connection with the taking thereof. ( The exercise of any of the foregoing remedies shall not terminate this Lease unless Lessor notifies Lessee thereof in writing.) d. Lessor may terminate this Lease. In the event Lessor terminates this Lease by reason of Lessee's breach, Lessor may recover from Lessee the value at the time of termination of the rent reserved for the balance of the rental term over the rent Lessor is actually able to secure for the said equipment or, if Lessor is unable to re-rent said equipment for the balance of the rental over the reasonable rental value; e. Lessor may pursue any other remedy at law or in equity and all such remedies are cumulative and may be exercised concurrently or separately.
In the event Lessor is required to take any action to enforce any legal rights or provisions of this Lease or to secure payment for damages or loss of rents, including arbitration or other steps, Lessor shall be entitled to attorney fees and costs incurred by it, whether Lessee or Lessee's insurer is ultimately responsible for the dispute or payment.
This Lease agreement shall be deemed to have been made in Utah County, Utah, irrespective of the order in which signatures of the parties shall be affixed hereto, and shall be interpreted and the rights and liabilities of the parties here determined, in accordance with the laws of the State of Utah.
ARBITRATION: Any dispute of any kind or nature arising from or concerning the subject matter of this Lease, or any performance or damages due hereunder, shall be resolved by arbitration held in accordance with the Laws of the State of Utah. The parties shall agree upon a neutral arbitrator whose decision shall be final and binding. If the parties are unable to agree on a single, neutral arbitrator, the arbitrator shall be appointed in accordance with the procedures set forth in Utah Law.
VENUE: Any suit or proceeding hereunder shall be brought within the State of Utah and the County of Utah.
HEADINGS: The headings are for reference purposes only and shall not in any way affect the meaning or interpretation of this Lease.
REGULAR RENTALS: For a Lessee who rents equipment from the Lessor on a regular basis (at least once every 90 days), the terms and conditions of this rental agreement shall be applied to such other Orders.
SHIPPING POLICY: Lessor does not ship items through outside companies. However, the Lessee may make arrangements for Lessor to deliver equipment to an agreed-upon location at a certain time and date. Delivery in this case is charged by distance from Lessor’s place of business. Equipment in transit is liable by Lessor until the equipment is delivered and secured, at which time liability falls to the Lessee. Pick up of equipment may also be arranged in this manner.
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This policy was last modified on November 6th, 2016.
ENTIRE AGREEMENT: This contract expresses the entire agreement between the parties and any changes must be in writing. No person has any authority to make or has made any representation, warranty or agreement on behalf of either of the parties which is not specifically herein set forth, and this Lease is deemed not to have been executed in reliance upon any such representation, warranty or agreement. This Lease may not be modified except by an instrument in writing signed by the parties.