INTENDED USE AND PURPOSE. USER agrees it will use the RENTAL PREMISES and/or EQUIPMENT only for the purposes selected through 4thwallsf.com
Prohibited Uses and Activities. USER is prohibited from using dry ice machines, smoke machines, pyrotechnics, fire or suspension rigging in the RENTAL PREMISES without clearly defined written permission from STUDIO.
USER is prohibited from smoking, using liquor, including beer and wine, or using un-prescribed controlled substances while in the RENTAL PREMISES or while using RENTAL EQUIPMENT.
Smoking is not prohibited outside, however, USER agrees it shall not damage the property or block the entrance(s) in any way.
USER shall take notice of the surrounding neighborhood of the RENTAL PREMISES and respect the privacy and quiet enjoyment of our neighbors. USER also agrees to use reasonable care not to disturb the other tenants near to the RENTAL PREMISES.
OVERAGES and LATE FEES. STUDIO shall reasonably consider any requests by USER to authorize additional time. However, any time in addition to the rental times and dates identified herein, that USER remains in the RENTAL PREMISES, or uses the EQUIPMENT RENTAL,and that is not previously authorized by STUDIO in writing, (i) will be charged at the regular hourly rate of $80 per hour and(ii) will be subject to an additional overage penalty fee of $20 per 30 minutes. For example, if USER vacates the RENTAL PREMISES 35 minutes late, they will be charged for one additional hour at the listed hourly rate, plus an additional $40 for two 30 minute late periods.
RETURN OF EQUIPMENT AND RENTAL PREMISES. Upon the expiration of the rental period, USER will return any and all EQUIPMENT to it’s original location free from all damage and in the same condition and appearance as when received by USER, allowing for ordinary wear and tear. USER shall be strictly responsible for and shall reimburse STUDIO for items broken or damaged resulting from its use of the RENTAL PREMISES and/or EQUIPMENT.
USER shall be responsible to STUDIO for the replacement cost value or repair costs of the EQUIPMENT whichever is less. If there is a reason to believe a theft has occurred, USER shall file a police report. Loss of use shall be determined by the actual loss sustained by STUDIO. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged equipment.
If the RENTAL PREMISES or any EQUIPMENT is damaged, lost stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, USER will promptly notify STUDIO of the occurrence and USER will file all necessary accident reports, including those required by law and those required applicable insurers. USER, its employees and agents will cooperate fully with STUDIO and all insurers providing insurance under this Agreement in the investigation and defense of any claims. USER will promptly deliver to STUDIO any documents served or delivered to USER, its employees or its agents in connection with any related claim or proceeding at law or in equity begun or threatened against USER, STUDIO or both.
Liability and Production Insurance. USER shall at its own expense, maintain and be required to present proof of Production Insurance for rentals that exceed two days. Such insurance shall include coverage for the operations of independent contractors and standard contractual liability coverage. The liability insurance shall name STUDIO as an additional insured and provide that said insurance is primary coverage with respect to all insured, the limits of which must be exhausted before any obligation arises under our insurance. Such insurance shall remain in effect during the course of this Agreement, and shall include, without limitation, the following coverages: standard contractual liability, personal injury liability, completed operations, and product liability. The liability insurance shall provide general liability aggregate limits of not less than $2,000,0000 (including the coverage specified above) and not less than $1,000,000 per occurrence.
EQUIPMENT Insurance. USER shall, at its own expense, maintain at all times during the term of this Agreement, equipment rental floater insurance, which shall include coverage for, without limitation, theft, loss, disappearance or loss of use or value of the EQUIPMENT for any reason. Coverage shall begin from the time USER or its agents pick up, or otherwise take possession of the EQUIPMENT, and shall continue until the time the EQUIPMENT is returned to and accepted by STUDIO. The property insurance shall be on a worldwide basis shall name STUDIO as an additional insured and as the loss payee with respect to the EQUIPMENT and shall cover all risks of loss of, or damage or destruction to the equipment. The property insurance coverage shall be sufficient to cover the EQUIPMENT at its replacement value but shall, in no event, be less than $1,000,000. USER hereby agrees that STUDIO shall be subrogated to any recovery rights USER may have for damage to the EQUIPMENT.
Proof of Insurance. Before obtaining possession of any EQUIPMENT or the RENTAL PREMISES, USER shall provide STUDIO with certificates of insurance confirming the coverage specified and required above. All certificates shall be signed by an authorized agent or representative of the insurance carrier. USER shall hold STUDIO harmless from and shall bear the expense of any applicable deductible amounts provided for by any of the insurance policies required to be maintained under this Agreement. USER hereby agrees that STUDIO shall be subrogated to any recovery rights USER may have. STUDIO shall be subrogated to any recovery rights USER may have for damage to the EQUIPMENT or RENTAL PREMISES.
DEFAULT, TERMINATION AND REFUNDS
Termination by STUDIO. USER guarantees and warrants that it, as well as its agents, will take reasonable precautions in regard to the use of EQUIPMENT to protect all persons and property from injury or damage. USER guarantees and warrants that only it, as well as its agents and employees, will use the RENTAL PREMISES and EQUIPMENT, and that it, as well as its agents and employees, are qualified to use the EQUIPMENT and RENTAL PREMISES. STUDIO may terminate the Agreement at any time if, in its discretion, it determines that USER has violated the guarantees and warranties in this paragraph.
If the Agreement is terminated by STUDIO under this paragraph, USER’s unused rental time shall be refunded at 50%.
USER Default. STUDIO may, by written notice to USER, declare USER in default on the occurrence of any of the following: A) failure by USER to make payments or perform any of its obligations under this Agreement; B) institution by or against USER of any proceedings in bankruptcy or insolvency; C) expiration or cancellation of any insurance policy as provided for under the terms of this Agreement; or D) involuntary transfer of USER’s interest in this agreement by operation of law.
On notice from STUDIO that USER is in default, STUDIO may: i) terminate the Agreement and USER’s rights under the Agreement, declare the balance of all unpaid rent and all other charges of any kind under the Agreement to be payable immediately, together with interest at the rate of ten percent per annum from the date of notification of default to the date of payment; ii) repossess the RENTAL PREMISES and/or EQUIPMENT without legal process and free of all of USER’s potential rights. USER authorizes STUDIO or its agent to enter the RENTAL PREMISES and repossess it as well as dispose of any items left therein by USER. USER further authorizes STUDIO or its agent to enter any premises where the EQUIPMENT is located and repossess and remove it. USER specifically waives any right of action it might otherwise have arising out of STUDIO’s entry and repossession, and releases STUDIO of any claim for trespass or damage caused by reason of the entry, repossession, or removal.
Following Default, USER agrees it will reimburse STUDIO for all reasonable expenses of repossession and enforcement of its rights and remedies, together with interest at the rate of ten percent per annum from the date of payment. Notwithstanding any other provisions of this Agreement, if STUDIO places all or any part of its claim against USER in the hands of an attorney for collection, the prevailing party will pay, in addition to other sums that may be awarded, the other party’s reasonable attorneys fees and costs. STUDIO’s remedies will be cumulative to the extent permitted by law.
Refunds for Cancellation by USER. Payment shall be refunded 100% to USER if written notice of cancellation is received by STUDIO more than 24 hours before rental time. Payment shall be refunded 50% if written notice of cancellation is received by STUDIO less than 24 hours before rental time.
There is no refund for USER evacuating the RENTAL PREMISES early, for returning the EQUIPMENT RENTAL early.