Lighting Rentals

IF YOU BOOK A LIGHT RENTAL, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.

THIS EQUIPMENT LEASE AGREEMENT ("Lease") is made and effective by signing this agreement by and between Casey Jade Photography and The Dark Room (“Lessor") and the EQUIPMENT RENTER. ("Lessee").

By signing this agreement, Lessee agrees to be bound by these Terms and Conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these Terms and Conditions at any time and any modifications shall become effective immediately as posted on this site.

By signing this agreement, Lessee indicates acceptance of the modified Terms and Conditions.

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:

1. Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (the “lighting selected") shown in the order preview above.

2. Term. The term of this Lease shall commence when you arrive at the studio for your scheduled time for lighting usage and ends by the end of the same day. There are no overnight holds available, they must be returned the same day to The Dark Room. The equipment must be returned to Lessor during business hours within the same day of receiving the rental.

3. Rent. The rent for the Equipment shall be paid in full up front to book this rental lighting. The total rental price (varies by item) is due when booking.

4. Cancellations. Cancellations are made by contacting The Dark Room LV and are subject to the following terms:

a. Cancellation by Lessee of 3 days or 72 hours or more before rental period is about to commence will not result in cancellation fees.

b. Cancellation by Lessee within 3 days or 72 hours of the rental term will result in a 1-day charge for all items.

5. Use and Delivery. Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment. The Equipment SHALL NOT be removed by Lessee from The Dark Room.

6. Right to Lease. Lessor warrants that Lessor has the right to lease the Equipment, as provided in this Lease. The Lessee shall not receive rights to lease or loan equipment to individuals not listed herein.

7. Order Acceptance Policy. Lessee’s submission of rental request does not signify Lessors’ acceptance of request. No electronic confirmation signifies Lessor’s acceptance of Lessee’s offer to rent. Lessor reserves the right at any time after receipt of Lessee's order to accept or decline Lessee's order.

8. Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Casey Jade Photography; The Dark Room has the authority to act on behalf of Casey Jade Photography to assure everything in this contract is upheld by all parties, and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.

9. Repairs. The Lessee will, at the Lessee's own expense, keep the Equipment in good repair, appearance and condition. If the Equipment is not in good repair, appearance and condition when it is returned to the Dark Room, the Lessor will be responsible for the entire repair cost, including but not limited to, Shipping costs to have the equipment repaired by the designer, Cost or repairs, Cost of shipping back to The Dark Room, and any other costs associated with any damage the Lessee caused while the equipment was under their care. Then the Lessee will reimburse the Lessor for the actual expense of said repairs.

10. Lost, Damaged, or Unreturned Equipment. To the extent permitted by law, the Lessee will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause. If the Equipment is lost or damaged, the Lessee will Pay the full amount of the lighting as deemed by market standard, based on Adorama, B&H, and/or other similar retail pricing. If the Equipment is repairable, the Lessee will be responsible for the entire repair amount as specified in clause 9.

In the event of damage of any kind to the Equipment, Lessee agrees to allow Lessor to charge Lessee's credit card for the full cost of repair of said damaged Equipment. Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. Lessee and Lessor agree to be bound, legally and otherwise, by the report of Lessor's chosen repair venue as to the cause of the damage to the Equipment. In the event of Total Loss of the Equipment (i.e. the Equipment is unrepairable), the Lessee will provide the Lessor with prompt notice of such loss and will replace the Equipment with encumbrance-free Equipment of the same model, type and configuration. In the event the Equipment is unique, antique, no longer manufactured, or one-of-a-kind, the Lessor will owe the full cost of the equipment, as deemed by market standard, based on Adorama, B&H, and/or other similar retail pricing, and the Lessee will pay that amount,, due to the unique nature of the equipment. The Lessee will have 10 days to pay the replacement cost invoice, before their card on file is automatically charged for the cost.

In the event of default, or a lost or unreturned item, Lessor reserves the right to pursue civil and criminal remedies against Lessee, including, but not limited to, taking immediate possession of the Equipment; obtaining, by Lessee's credit card or otherwise, from Lessee the cost of the full retail price of a comparable substitute of Equipment and late fees assessed prior to deeming the Lessee in default or the Equipment lost or unreturned; notifying a collections agency, which immediately results in additional attorneys' and collection fees being charged to Lessor; filing of criminal charges; employing "skip tracer," private investigator, or repossession agency to collect the Equipment or goods sufficient to repay the value of the Equipment; and/or pursue any and all legal remedies against Lessee. Lessee will also forfeit all rights enumerated in the Privacy Policy of Lessor. These remedies are not exclusive. In the event of litigation to recover any such damages, Lessee is held responsible for all legal fees and costs incurred by Lessor.

Lessee is deemed to be in "default" if for any reason payment to Lessor is not delivered, is disputed, or is otherwise interrupted.

Equipment is deemed to be "lost" or "unreturned" when Lessee has failed to return rented Equipment to Lessor within 1 day of expiration of Term. If Lessee returns Equipment, in undamaged state, to Lessor within thirty (30) days of expiration of Term, the charge to Lessee's credit card for the price of a comparable substitute will be refunded to Lessee by Lessor and a late fee of $200 PER DAY along with a usage fee of $650 will be charged to Lessee's credit card.

11. Surrender. Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, by delivering the Equipment at Lessee's cost and expense. Ordinary wear and tear is to be determined at the discretion of the Lessor within the confines of the reasonably common and ordinary meanings of those terms.

Lessor's acceptance of the Equipment upon return by Lessee shall not represent Lessor's determination as to condition of Equipment upon return. Lessor reserves the right to accept Equipment upon return by Lessee and make determinations regarding the condition of the Equipment within a reasonable amount of time, no more than seven (7) days after the return. Lessor's determination as to the condition of the Equipment upon return by Lessee is binding under this Section and Section 11 ("Lost, Damaged, or Unreturned Equipment.").

12. Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner with respect thereto and whether or not the same shall be assessed against or in the name of Lessor or Lessee. However, Lessee shall not be required to pay or discharge any such tax or assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or endanger the title and interest of Lessor to the Equipment; provided, Lessee shall reimburse Lessor for any damages or expenses resulting from such failure to pay or discharge.

13. Limitation of Liability. THE CONTENTS OF THE LESSOR WEBSITE, AND THE EQUIPMENT LESSOR DELIVERS ARE PROVIDED "AS IS." LESSOR MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT'S ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE LESSOR WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE LESSOR WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE LESSOR WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE LESSOR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE LESSOR WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

IN NO EVENT SHALL LESSOR BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON LESSOR'S WEBSITE. WHILE LESSOR WILL MAKE A REASONABLE EFFORT TO RETURN ANY NON-LESSOR PROPERTY IT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.

14. Indemnity. Lessee shall indemnify and save harmless Lessor against all loss, damage, expense and penalty, including reasonable attorneys fees, arising from, related to, or connected with any action on account of any injury to person or property of any character occasioned by the operation, handling or transportation of the leased Equipment during the Term or while the Equipment is in the possession or control of Lessee.

15. Waiver. The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Lessor does not waive Lessor's right to enforce any provisions of this Agreement.

16. Default. If Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:

a. To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.

b. To immediately take possession of Equipment without notice or demand to Lessee.

c. To sue for and recover all rents, and other payments, including lost rental income, then accrued or thereafter accruing.

d. To terminate this Lease.

e. To pursue any other remedy at law or in equity.

Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for full performance of all obligations to be performed under this Lease. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.

17. Bankruptcy. Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise any one or more of the remedies set forth in Section 12 ("Surrender.") above; and this Lease shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.

18. Additional Documents. If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment.

19. Claims of Copyright Infringement. It is the policy of Lessor to respect the intellectual property rights of others. Lessor does not promote, foster, or condone the copying of photographs or any other infringing activity.

20. Typographical Errors. In the event a product is listed at an incorrect price due to typographical error or error in pricing information, Lessor shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lessor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Lessee's credit card charged. If Lessee's credit card has already been charged for the purchase and Lessee's order is canceled, Lessor shall immediately issue a credit to Lessee's credit card account in the amount of the incorrect price.

21. Entire Agreement. This instrument constitutes the ENTIRE AGREEMENT between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto. If any portion of the agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable.

22. Assignment. Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor.

23. Headings. Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.

24. Governing Law. This Lease shall be construed and enforced according to laws of the State of Nevada.

These Terms and Conditions will supersede any terms and/or conditions Lessee includes with any purchase order, regardless of whether Lessor signs the purchase order or not. Lessor reserves the right to make changes to this site and these Terms and Conditions at any time.