The Fine Print
[The following is a sample copy of the
Liberty Lighting Rental Contract as of January 2010, please
review your actual contract for any recent changes or
modifications.]
LIBERTY LIGHTING
LIMITED - RENTAL CONTRACT
1 . Lessee has made their own selection of Equipment.
Lessee understands and agrees that said Equipment is rented
to Lessee without any warranty or guarantee of any kind,
expressed or implied, and that Liberty Lighting Limited
assumes no responsibility for the Equipment as being fit
for any particular purpose whatsoever. Lessee assumes the
entire responsibility that the Equipment selected by them
is fit for their intended use and purpose. Lessee
acknowledges that it has inspected and tested all Equipment
supplied by Liberty Lighting Limited at the time of rental
and that all Equipment are in good and working order and
acceptable to Lessee.
2. Liberty Lighting Limited shall not be responsible to
Lessee for any claims by Lessee for alleged loss of
profits, damages, delays, expenses or any claim whatsoever
claimed to have arisen out of Lessee's use of Equipment. In
the event Equipment is not functioning and/or damaged
Lessee shall notify Liberty Lighting Limited immediately in
writing of any claimed malfunction and/or damage of any
Equipment, Liberty Lighting Limited shall have the option
of substituting other like Equipment in exchange for the
returned or of canceling this agreement and recalling all
Equipment. The rental charges for all Equipment so returned
to Liberty Lighting Limited shall be abated from the time
of acceptance and return. Likewise, rental charges shall
accrue and be owed for any replacement Equipment.
3. Lessee shall only allow the Equipment to be used by duly
qualified and/or licensed technicians and only in strict
accordance with its contemplated use. Lessee shall keep the
Equipment in their sole custody and shall not permit the
Equipment to be used in violation of any laws.
4. Lessee assumes all risk of loss whether or not covered
by Lessees insurance coverage. Once lessee has taken
possession of the Equipment (including any equipment
provided on a “pay-as-used” basis), Lessee's
responsibility includes, but is not limited to; risks while
in transit, at all locations named and unnamed, at all
studios, while on your own premises, while in use, and
while in storage on the rental facility's premise.
Furthermore, in the event lessee employs, hires, and/or
engages the services of an owner and/or agent of Liberty
Lighting Limited in any capacity whatsoever during the
rental period, it is acknowledged the lessee continues to
assume all risks and liability for any and all loss or
damages of the equipment and/or vehicles.
5. Lessee is responsible for all property stored (including
but not limited to camera(s), props, sets, & wardrobe)
and/or transported by Liberty Lighting Limited and/or their
agents for Lessee's ultimate use. All risk of loss to third
party property which is transported or stored by Liberty
Lighting Limited for the benefit of Lessee shall be the
sole responsibility of Lessee,
6. Lessee must insure all Equipment: Lessee shall at their
expense, and at all times during the rental, maintain in
full force and effect insurance covering all Equipment
and/or Vehicle(s) rented, from all sources, for the full
replacement cost without deduction for depreciation, except
Vehicle(s) which are valued at actual cash value, and for
loss of use (rents) of the Equipment and/or Vehicle(s).
Lessee shall deliver to Liberty Lighting Limited evidence
of Lessee's insurance coverage prior to Lessee taking
either constructive or actual possession of the Equipment
and/or Vehicle(s). Lessee will forward a Certificate of
Insurance evidencing Lessee's liability, automobile,
property and worker's compensation insurance with a
reputable insurance carrier acceptable to Liberty Lighting
Limited that complies with coverage requirements as
enumerated within this rental contract;
a.) Property Insurance: Lessee's insurance should be on a
worldwide; replacement cost basis without deduction for
depreciation, shall name Liberty Lighting Limited as Loss
Payee for loss or damage to the property rented; shall
cover "All Risk" of loss or damage to Equipment; Vehicle
physical damage coverage shall include the perils
"Comprehensive" and "Collision"; and all policies shall
provide for 30 days written notice to Liberty Lighting
Limited before any policy shall be modified or cancelled.
In determining whether the Equipment shall be repaired or
replaced, Liberty Lighting Limited’s judgment shall
be final. Limits shall be sufficient to encompass all
property at risk, regardless of source, but in no event
less than $1,000,000.
b.) Liability Insurance: Lessee shall name Liberty Lighting
Limited as an additional insured on their liability
insurance. Lessee's liability insurance shall meet the
following minimum limits: Commercial General Liability
$1,000,000 per occurrence and annual aggregate; Automobile
Liability (including non-owned and hired automobiles)
$1,000,000 combined single limit; Foreign Liability, if
filming outside of the United States and Canada, $1,000,000
per occurrence; Aircraft Liability., if filming from any
aircraft, $5,000,000; Watercraft Liability, if filming from
any watercraft, $5,000,000
c.) Lessee's property, automobile and liability coverage is
the primary coverage for Equipment and/or Vehicle(s) and
said coverage must be issued on a noncontributory basis.
Furthermore, Lessee's insurance carrier agrees that the
rights of Liberty Lighting Limited under Lessee's insurance
policy shall not be affected by any act, neglect or breach
of condition by the Lessee, other than nonpayment of
premium. Lessee shall remain primarily liable to Liberty
Lighting Limited for full performance under the terms and
conditions of this rental contract in the event of a
dispute with their insurance carrier and for uninsured
losses. Lapse or cancellation of Lessee's insurance, as
required by this contract, shall allow Liberty Lighting
Limited to immediate and automatically terminate this
contract, at their option.
7. Lessee specifically acknowledges Liberty Lighting
Limited superior title and ownership of the Equipment and
must keep the Equipment free of all liens, levies and
encumbrances. Lessee may not assign or pledge the
Equipment.
8. Lessee agrees to indemnify, defend and hold harmless
Liberty Lighting Limited and its officers, employees,
agents and licensees against any and all claims, actions,
damages, liabilities and expenses arising from the use,
condition (including, without limitation, latent and other
defects) or operation of the Equipment and/or Vehicle(s)
and by whomsoever operated. This indemnification shall
survive the term of the rental contract.
9. This agreement shall be governed by the laws of the
State of New York, The rental contract shall be deemed to
have been made in the County of Manhattan, and shall be
interpreted and the rights and liabilities of the parties
determined, in accordance with the laws of the State of New
York.
10. The signed Rental Contract and The Terms and Conditions
constitute the entire agreement between Liberty Lighting
Limited and the Lessee. Any changes must be made in writing
and signed by both parties. No terms, representation or
warranty, expressed or implied, not herein set forth in
writing shall bind Liberty Lighting Limited. Liberty
Lighting Limited shall mean Liberty Lighting Limited with
mailing address of 240 8th Street #2N Brooklyn, NY 11215,
it’s owners and/or any of it's subsidiaries.
Equipment shall mean "all equipment" and/or vehicles.
11. If the lessee shall default on any of the terms,
covenants and conditions herein, or in punctually making
any of the payments aforesaid, or if any execution of other
writ or process shall be issued in any action or proceeding
of bankruptcy, receivership, or insolvency shall be
instituted by or against the lessee of his property, or if
the lessee shall enter into any arrangement or composition
with his creditors, or in the event that any judgment is
obtained against lessee, then and in any such event,
Liberty Lighting Limited shall have the option to retake
immediate possession of said equipment and for such purpose
Liberty Lighting Limited, its agents or employees, may
enter upon any premises here said equipment may be, and may
remove same there from with or without force and with or
without notice of intention to retake same, without being
held liable to any suit or action or other proceeding by
lessee. Lessee agrees to pay all reasonable
attorney’s fees and costs incurred by Liberty
Lighting Limited in protecting its rights or property under
this agreement, or in suing the lessee for a breach of
agreement and/or non-payment.