Parties.
This Equipment Rental Agreement (“Agreement”), and is made between StudioME LLC (hereinafter “Owner”) located at 5819 Penn Avenue, Pittsburgh, PA 15206, and the undersigned user (hereinafter “Renter”)
Effective Date.
This rental agreement shall be effective as of the date executed and shall last for the mutually agreed upon term and/or date, concluding at said date and/or return of the equipment acquired herein by this agreement.
Purpose.
The Owner hereby agrees to lease property and/or workspace, and renter agrees to pay Owner for said property and/or workspace, subject to the terms and conditions of this agreement, for the use of certain studio, workstation, and equipment owned by Owner.
Deposit.
Renter shall authorize Owner to charge the debit card or credit card on file with Owner in the event the Renter damages, loses, or otherwise deprives the Owner of use of the property rented and shall pay the cost of repair and/or replacement to the Owner
Inventory of Property Leased.
Owner shall lease the following to renter:
Equipment
Studio
Workstation
Intended Business Activity
Renter intends to use this property only for use designated by the Renter and conveyed to the Owner, and agrees to abide by any and all terms of this agreement in furtherance of said use. Further, rented property may only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.
Restrictions on Use.
Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals. Renter shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
e) While using the studio, equipment or workstations, explicit, terroristic, or pornographic material, sound levels over 70 decibels (we are not a music recording studio), hazardous materials, alcohol or tobacco are not permitted.
Condition of Equipment.
Prior to rental of any equipment or workstation, a Condition of Equipment Checklist shall be provided and signed by the renter acknowledging the current condition of the rented equipment at the time of rental. Said Condition of Equipment Checklist (“Checklist”) attached is hereby incorporate by reference. By signing this agreement, Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist.OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Return of Equipment.
Renter shall return Equipment in the same condition as Renter received it. Renter shall return the Equipment to the agreed return location at or before the time designated by this agreement. If Equipment is not returned on said time and date, Owner reserves the right to take any action necessary to regain possession of the Equipment, or the fair market value of any lost property or labor required to restore the Owner’s interest. Owner shall at all times retain ownership and title to the studio, workstation and equipment.
Loss and/or Damage
Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment. Owner does not accept liability for lost data, files, content, etc. due to factors outside our control such as equipment malfunction, fires, theft, etc.
Indemnification and Liability.
Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Charges
Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.Renter agrees to pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses
d) a 20% charge of the total purchase for late return of the Equipment or the highest amount allowable under law;
e) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
f) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
g) a cleaning fee of up to $200 if left in a poor condition as deemed by the studio manager or co-founders of StudioME upon the completion of the booking
i) all costs incurred to collect unpaid monies due; and
k) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.We will retain 20% of bookings as a non-refundable fee for cancellations. This fee will be returned to the customer as a credit back on their credit card within a reasonable timeframe.
Waiver
No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
Severability.
In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
EntireAgreement.
This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
Assignment.
Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
Headings.
Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
Counterparts.
This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
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