Rental Contract Package

Transcription

1 Rental Contract Package Business Project/Job PO#: Job#: Phone Number: Business Address: Main Contact: Invoice: For Blacklist Office Use Only: Pick Up Date: Phone Number: Address: Financially responsible party: (As it appears on the method of payment) Phone Number: Address: Other Affiliated Companies: (If different then renting party) Phone Number: Return Date: List all authorized signatories. Be sure to include the name of the card holder for payment and signee for the rental agreement. Failure to include these names may result in delay of your rental. Please also include any PO or Job numbers your accounting department may require. ATTENTION RENTAL CLIENTS: The name of the insured company on the insurance certificate, billing party and rental client must match. If there are multiple companies involved (ex: Billing party differs from the Insured party) please have both parties sign the rental agreement and rental invoice. Additional Contacts: If you require a invoice with the prices and financial specifics omitted for any non-billing party to sign please notify your Blacklist rental agent and they will be happy to send you one. * All rental returns are due by 10:00am. * A 24 hour drop box is available to the left of the rental office door for any items within 5 x9. * For drop off and pick ups after 6:30pm or on the weekends, please arrange with a Blacklist employee. Page: 1 Blacklist, Inc. Rental Agreement Package Cole Place, Hollywood, CA Phone:

2 Blacklist, Inc. DBA: Blacklist Digital Rental Agreement Contract 1. RENTER agrees to act as an insurer, assume and accept full and complete responsibility of all rented equipment until same is returned in satisfactory condition to Blacklist, Inc., DBA: Blacklist Digital. RENTER shall also, at its own cost and expense during the entire rental period, keep and maintain all equipment in good condition, reasonable wear and tear excepted. If any equipment is lost, stolen, broken or damaged, RENTER s insurance company shall replace such equipment with a comparable kind and quality acceptable to Blacklist Digital, or shall pay monetary damages sufficient for Blacklist Digital to replace without depreciation and/or repair said equipment. RENTER is also fully liable and responsible to Blacklist Digital for any monetary damages not covered by RENTER s insurance company for replacement or repairs of said equipment, and shall compensate Blacklist Digital in full. 2. RENTER agrees to indemnify and hold Blacklist Digital harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable outside attorney fees arising out of, connected with, or resulting from the rental/lease of any equipment, including motor vehicle, or the employment of any personnel provided by Blacklist Digital hereunder provided; however, that RENTER shall have no obligation to indemnify and hold harmless Blacklist Digital for his sole negligence or for the intention or wanton misconduct of any personnel by Blacklist Digital hereunder. 3. RENTER shall secure and maintain (a) All Risk Physical Damage insurance including coverage for comprehensive losses to the equipment rented from Blacklist Digital hereunder, and (b) Comprehensive General Liability insurance both in an amount of not less than $1,000,000 Combined Single Limit for personal injury, bodily injury and property damage. The Comprehensive General Liability form shall include the coverage parts for broad form contractual liability. RENTER shall maintain its own Automobile Liability policy which shall include coverage for Hired and Non-Owned Automobile Liability and Physical Damage during the rental period. RENTER shall provide certificate of insurance signed by an authorized representative of the RENTER's insurance company, evidencing that RENTER is in compliance with the insurance provisions of this agreement. RENTER shall have the insurance company providing coverage required hereunder add the interest of Blacklist Digital as Additional Insured and Loss Payee as Blacklist Digital interest may appear in reference to any and all equipment provided by Blacklist Digital under the terms and conditions of this Agreement. Any insurance certificate provided in accordance with this Agreement shall stipulate that should any of the required policies be cancelled before the expiration date of thereof, notice will be delivered in accordance with policy provisions. Each such certificate issued to Blacklist Digital shall stipulate that the coverage's indicated on the insurance certificate shall be primary coverage and not contributing with any other insurance maintained by Blacklist Digital. It is agreed that RENTER's insurance coverage shall commence at the time any of Blacklist Digital equipment leaves Blacklist Digital premises and shall remain in full force and effect until the equipment is returned to the premises of Blacklist Digital unless Blacklist Digital shall stipulate that such equipment is to be returned to a specific location other than Blacklist Digital premises. < Please Initial Here Page: 2 Blacklist, Inc. Rental Agreement Package Cole Place, Hollywood, CA Phone:

3 RENTER agrees to provide adequate evidence that RENTER has met the insurance requirements as indicated herein by filing with Blacklist Digital a fully executed Certificate of Insurance at or prior to the delivery of any equipment or vehicles rented or leased by RENTER hereunder. RENTER agrees to indemnify, defend and hold Blacklist Digital harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable outside attorney fees, except if due to the negligence or willful misconduct of Blacklist Digital, its employees or agents. Equipment coverage shall be provided on replacement cost basis. If provided on actual cash value basis and in the event of loss and/or damage, RENTER shall pay the difference between the actual cash value and replacement cost. It is further understood and agreed that RENTER shall be obligated for loss of rental income until such time as equipment is fully repaired and returned to Blacklist Digital or full replacement cost (or actual cash value solely as respects vehicles) is received by Blacklist Digital. 4. If RENTER fails to pay Blacklist Digital within 30 days after payment is due, RENTER shall then pay as additional rent, a sum equal to 1 and ó percent per month of the unpaid rent from the date said rent is due until the outstanding balance is paid in full. 5. RENTER shall pick up and return to Blacklist Digital all equipment at RENTER's own risk and expense. The rental fee must be paid in advance and rent due shall be from the date of the scheduled pickup to the date said equipment is actually returned to Blacklist Digital. No allowance will be made if any equipment or part thereof was not used for any portion of the rental period. RENTER shall pay additional rent for any equipment not returned by its due date and shall also be liable to Blacklist Digital for any lost business and/or sales as a result thereof, and further, shall fully indemnify Blacklist Digital if any claim is made against Blacklist Digital if Blacklist Digital is unable to fulfill its other obligations as a result of RENTER not returning said equipment in a timely fashion. 6. Blacklist Digital or anyone acting on its behalf has the absolute right to enter the premises where said equipment is kept, at any reasonable time, for purposes of viewing the condition of the equipment. 7. Blacklist Digital acceptance of the return of the equipment does not release RENTER from any liability whatsoever, and further, is not a waiver of any claims that it may have against RENTER. RENTER agrees to give Blacklist Digital sufficient time for Blacklist Digital to inspect said equipment damage. 8. RENTER agrees that said equipment shall not be removed to any foreign country without prior written consent of Blacklist Digital. Blacklist Digital may withhold such consent for any reason or no reason at all. If Blacklist Digital gives such consent, RENTER must obtain, at its own expense, all proper and necessary insurance, and all requirements of paragraph 2 also apply to this paragraph 8 herein. Page: 3 Blacklist, Inc. Rental Agreement Package Cole Place, Hollywood, CA Phone:

4 9. RENTER shall not under lease or loan any equipment to any person, firm or corporation and said equipment shall at all times remain under the immediate personal control and supervision of RENTER. 10. RENTER agrees not to remove or cover the tag or name plate on the equipment showing the ownership of Blacklist Digital. 11. If RENTER shall default on any terms, covenants and conditions herein, or fails to make timely payments as due, or if any execution of legal process is commenced in any action of proceeding against RENTER whereby said equipment may seized or taken, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted by or against RENTER or its property, or if RENTER shall enter into any arrangement or composition with its creditors, or in the event that any judgment is obtained against RENTER, then in any of these aforementioned events, Blacklist Digital shall have the option to retake immediate possession of said equipment, and for such purpose, Blacklist Digital or anyone acting on its behalf has the absolute right to enter upon any premises where said equipment may be, and may remove said equipment there from, with or without force, and with or without notice of intention to retake, without being liable to any suit or action or other proceeding by RENTER. 12. Blacklist Digital retaking possession of any equipment as provided herein above, is in no way to be construed as releasing RENTER from its liability and obligations hereunder. At said retaking, this agreement shall thenceforth terminate, without prejudice to any right or claim for arrears of rent, if any, or on account of any preceding breach or breaches of this agreement, or the loss of rental for the balance of the unexpired term herein, and for any other claim that Blacklist Digital may have against RENTER. 13. Under no circumstances shall Blacklist Digital be liable to RENTER for any loss whatsoever or claim made against RENTER in the event any equipment does not work properly, or is unavailable or for any reason Blacklist Digital is unable to fulfill its obligations hereunder. Such event will not release RENTER from this agreement and Blacklist Digital sole liability to RENTER is to replace or repair said equipment. 14. RENTER agrees to pay for all costs incurred by Blacklist Digital in protection Blacklist Digital rights or property hereunder, including but not limited to, reasonable attorney outside fees. Except if due to the negligence or willful misconduct of Blacklist Digital. 15. This agreement contains the entire understanding between the parties and no terms, representations or warranties, expressed or implied, not herein set forth in writing shall bind Blacklist Digital. This agreement may not be changed or modified except by another written agreement signed by the parties to this agreement. 16. If any of the above paragraphs of this agreement are found to be invalid and unenforceable in any court proceeding or otherwise, said paragraph shall in no way effect the rest of this agreement and said remainder of this agreement shall still be in full force and effect. I, RENTER, understand that this is a legal contract, and by signing I have read and comprehend the stated intention. Print Name Date Signed Page: 4 Blacklist, Inc. Rental Agreement Package Cole Place, Hollywood, CA Phone:

5 Additional Forms and Information: Insurance Certificate: Please have your insurance provider issue an insurance certificate to or fax them to The certificate must name Blacklist Digital, 1413 Cole Place, Hollywood, CA as additional insured and loss payee. Rented Camera Coverage amount must match or exceed the total value of equipment rented and there can be no warranty or exclusion in the policies related to locked or unattended vehicles. Please note that the name of the insured company on the insurance certificate, billing party and rental client must match. If there are multiple companies involved (ex: Billing party differs from the Insured party) please have both parties sign the rental agreement and rental invoice. If you require a invoice with the prices and financial specifics omitted for any non-billing party to sign please notify your Blacklist rental agent and they will be happy to send you one. For an example of how the insurance certificate should appropriately read please see the attached templates. Film Students: Please have your college issue Blacklist Digital an insurance certificate as well as a letter declaring that your rental will be for a student film through their institution. Have all student film documents sent to Jess@BlacklistDigital.com or fax them to Client W-9 Form: If you wish to set an account up with Blacklist Digital, please have your accounting department issue Blacklist Digital a filled out W-9 Form for the current year. these to Accounting@BlacklistDigital.com or fax them to NET30 Terms: If you wish to set up NET30 Terms with Blacklist Digital, please request our terms package from your Blacklist rental agent and we will be happy to issue you one. Please allow for up to 30 days for approval and note that all initial rentals are COD. Page: 5 Blacklist, Inc. Rental Agreement Package Cole Place, Hollywood, CA Phone:

6 1:51ack1151 ma, PLEASE TYPE OR PRINT CLEARLY. YOU MUST FILL IN EVERY LINE AND FORM MUST BE SIGNED. GUARANTOR NAME CARD BILLING ADDRESS CITY, STATE, ZIP BEST CONTACT PHONE OR FAX CARD NUMBER T Y P E E X P DATE (MIWYY) Security Code VISA, MC. DISC: LAST 3 DIGITS ON REVERSE. AMEX: 4 DIGITS PRINTED ON FRONT. IMPRINT Autorized amount to charge or invoice #: Would you like Blacklist to keep this credit card on file for use on future transactions? Yes SUPPLY PHOTO COPY OF CREDIT CARD (WHEN MAKING A PHOTOCOPY, PLEASE SET YOUR COPIER TO LIGHTEST SETTINGS) OR PLACE CREDIT CARD FACE UP UNDER IMPRINT BOX AND RUB WITH PENCIL OVER RAISED CREDIT CARD INFORMATION READ THE FOLLOWING AND SIGN. PURCHASES, DAMAGE TO EQUIPMENT, LOST OR NON - RETURNED EQUIPMENT, RENTAL CHARGES, LATE EQUIPMENT RETURN, EXTENDED RENTAL CHARGES, BAD CHECK FOR ANY REASON, EXPENDABLES, FUEL OR MILEAGE CHARGES, OR ANY OTHER CHARGES COVERED IN THE RENTAL AGREEMENT OR BILL OF SALE. I ALSO UNDERSTAND THAT I AM NOT LIMITED TO ANY SPECIFIC AMOUNT OF AUTHORIZATION. I AM LIABLE FOR ANY UNPAID BALANCE OF THIS PURCHASE OR RENTAL. I ALSO ACKNOWLEDGE THAT A PHOTOCOPY OR FAX COPY OF THIS DOCUMENT SHALL CONSTITUTE THE SAME CONSENT AS AN ORIGINAL. I HAVE READ THE ABOVE, UNDERSTAND IT AND AGREE TO IT SIGN PRINT DATE(PANVDDNYYY) 1. TYPE OR PRINT CLEARLY, READ ALL THE ABOVE AND SIGN IN THE SPACE PROVIDED. 2. MAKE PHOTO COPY OF CREDIT CARD USING LIGHTEST COPIER SETTINGS. MAKE SURE CARD NAME AND NUMBERS ARE LEGIBLE OR PLACE CREDIT CARD UNDER IMPRINT BOX AND RUB WITH PENCIL OVER RAISED INFORMATION Cole Place, Hollywood, CA (Phone) Page: 6 Blacklist, Inc. Rental Agreement Package Cole Place, Hollywood, CA Phone:

7 Insurance Requirements for Rentals In addition to the signed rental contract, you must provide evidence of the following: General Liability - Occurrence Form Minimum Acceptable Limits: Per Occurrence $1,000,000 General Aggregate $2,000,000 Fire Legal Liability $100,000 Medical Payments $5,000 Third Party Property Damage Minimum Acceptable Limits: Each Occurrence $1,000,000 Many General Liability policies exclude coverage for damage to property/locations in the care, custody or control of the named insured. If coverage is included in the general liability policy, you must reference that fact on the certificate of insurance to waive this requirement. Automobile Minimum Acceptable Limits: Liability CSL $1,000,000 Hired Auto Physical Damage $150,000 Coverage for Hired and Non Owned Automobiles Inland Marine Minimum Acceptable Limits: Misc. Rented Equipment $1,000,000 Lower limits can be accommodated if the total value of all equipment to be used on the project is less than $1,000,000. The limit, however, must be greater than the total value of equipment on the overall production, not max per vendor. Coverage must be on a replacement cost basis including coverage while in transit and at any location. There must be no warranties or exclusions related to locked or unattended vehicles and the certificate must state this. Workers Compensation Workers Compensation insurance covering all individuals working on the project for which the equipment is rented. Blacklist Digital must be included as additional insured and loss payee. These coverages must be evidenced by a standard certificate of insurance issued by an authorized representative of the insurance carrier. Page: 7 Blacklist, Inc. Rental Agreement Package Cole Place, Hollywood, CA Phone:

8 EXAMPLE Blacklist Digital 1413 Cole Place, Los Angeles, CA (818) Page: 8 Blacklist, Inc. Rental Agreement Package Cole Place, Hollywood, CA Phone: