EVERYTHING PROPS LLC (“EVERYTHING PROPS”) hereby rents to the Renter (defined below) items of particular visual quality as set forth on the Rental Agreement and any other items provided to Renter by (collectively, the “Rental Items”). These Terms and Conditions are an attachment to, and made a part of, the Rental Agreement.
“Renter” shall mean the individual, organization or entity executing this Rental Agreement, and its members, owners, agents, employees, contractors, representatives, and associates. For the avoidance of doubt, Renter shall be responsible for the acts or omissions of all persons utilizing the Rental Items during the Rental Period and until such time as the Rental Items are returned to EVERYTHING PROPS.
“Rental” is known to be the Rental Items released in to the possession of the Renter for the Rental Period.
“Rental Period” shall mean the period that the Renter may possess and utilize the Rental Items in accordance with the provisions herein for the payment(s) described herein. The Rental Period shall be no less than seven (7) full calendar days.
“Rental Agreement” shall mean the agreement that sets forth and lists all Rental Items, the Rental Period, the amount of fees/Rental prices, the Security Deposit, and additional terms of the Rental.
Rentals begin on the date indicated as PICK UP DATE and end on the date specified as RETURN DUE DATE. Any order of Rental Items that is packed and subsequently cancelled by Renter will be subject to a 25% restocking fee of the total amount of the fees set forth in the Rental Agreement. Rental prices do not include tax, delivery, pickup or shipping.
For all Rentals, regardless of relationship, status, or history, a Security Deposit of the reasonable replacement value of each Rental Item shall be due, processed as a separated transaction, at the time of pick up. The amount of the Security Deposit is set forth on the Rental Agreement. If the entire order is returned on time, without any loss or damage, the Security Deposit shall be refunded, in its entirety. In the event that any item(s) are lost, damaged, altered or returned late, Everything Props will provide a statement of account enumerating any differences notify the renter of the fees involved before charging the card against the Security Deposit.
The Renter shall procure and maintain, during the Term and for no less than sixty (60) days after the return of all Rental Items to EVERYTHING PROPS, comprehensive general liability insurance with a combined single limit of at least one million dollars ($1,000,000) for personal injury and property damage, naming EVERYTHING PROPS as an additional insured, and shall provide EVERYTHING PROPS with a certificate of said insurance in a form acceptable to EVERYTHING PROPS in all respects.
The Renter agrees to acknowledge Everything Props as a provider, sole or otherwise, of “Properties and Decorations for Set” in all handbills, playbills, programs, websites, crawls, and any published materials in which below the line crew are typically acknowledged. Additionally, Everything Props is permitted to list, market and promote without limitation its association in any project in which Rental Items are included.
CONDITIONS & LATE FEES
All Rental Items are rented “as is”. All Rental items are to be used for display and decorative purposes only, and shall not be used for structural purposes or be handled as part, and/or during the course, of a production. Renter acknowledges that it/they have examined the Rental Items and receives all Rental Items in good condition. All items are to be returned in the same (or better condition) unless alterations were discussed and approved in writing by EVERYTHING PROPS. The Renter will at the Renter’s expense keep and maintain Rental Items in good condition during the Term. Renter agrees to return all items by the RETURN DUE DATE. For all Rental Items held without the written consent of EVERYTHING PROPS beyond the applicable Return Due Date, additional Rental fees shall be assessed at a per diem rate of 15% of the weekly rental price.
DAMAGED, MISSING or STOLEN GOODS
If any Rental Items are lost, stolen, missing, broken or damaged the Renter agrees to pay EVERYTHING PROPS, LLC for repair costs (if possible) or full replacement cost as determined by EVERYTHING PROPS, LLC at the commencement of the rental.
EVERYTHING PROPS is authorized to use the Security Deposit to cover all damages, repairs, replacement costs and related expenses, provided, however, liability of the Renter shall not be limited by the Security Deposit. For the avoidance of doubt, Renter’s failure to return Rental Items by the Return Due Date under certain circumstances will be considered theft, resulting in EVERYTHING PROPS, LLC initiating a criminal complaint.
EVERYTHING PROPS, LLC does not rent weapons except as display items. Any Renter, including all individuals and organizations involved, found to be utilizing rented props improperly as stage combat weapons or as anything other than display props shall be notified to return such Rental immediately, be charged all fees hereunder for the full Term, and be permanently banned from future rentals.
NO WARRANTIES; LIMITATION OF LIABILITY
EVERYTHING PROPS does not warrant, guarantee, assume responsibility or make any representations for the condition or performance of any of the Rental Items. Most Rental Items are aged, vintage or antique and must be treated accordingly by Renter. Renter acknowledges and agrees that none of EVERYTHING PROPS, its principals, owners, managers, employees, agents or consultants shall have any liability with respect to this Agreement, the Rental Items, Renter’s use thereof, or delivery of same.
The Renter takes full responsibility and assumes all risk for the Rental Items for the entire period that they are away from EVERYTHING PROPS, LLC. The Renter will take full responsibility regardless of fault.
Renter agrees to defend, indemnify and hold harmless EVERYTHING PROPS LLC and each of its principals, officers, directors, agents, employees, parents, subsidiaries, affiliates, successors, and assigns (the “EP Indemnified Parties”), from and against any third party claim, damages, charges, costs, expenses (including, without limitation, reasonable attorneys' fees and costs), judgments, penalties, liabilities or losses of any kind or nature whatsoever which may be sustained or suffered by, or secured against, any of the EP Indemnified Parties as a result of, or in connection with, (i) this Agreement, (ii) the use or misuse of the Rental Items, (ii) Renter’s breach of its representations, warranties, covenants or any other material term of this Agreement, (iii) violation of applicable law or (iv) any act or failure to act by, or on behalf of Renter. Renter shall be obligated to pay the claims and expenses of the EP Indemnified Parties, including defense cost, directly to the third party to whom payment is due and owing, without the necessity of the EP Indemnified Parties making such payment and seeking reimbursement from Renter.
The Renter agrees to pay all reasonable attorney fees and costs incurred by EVERYTHING PROPS, LLC in enforcing this Agreement. Acceptance of returned Rental Items is not a waiver of any claims EVERYTHING PROPS, LLC may have against the Renter, nor a waiver for damage to any items.
Title to the Rental Items shall remain with EVERYTHING PROPS. If the Renter shall default on any of these terms, or conditions, or in punctually making payments, or if any execution of other writ or process shall be issued in any action or proceeding against the Renter, whereby the Rented Items may be seized or taken or instituted by or against the Renter or Its property, or if the Renter shall enter into any arrangement or composition with its creditors, or in the event that any judgment is obtained against the Renter, then and in any such event, EVERYTHING PROPS LLC, its agents or employees, may enter upon any premises where said items may be, and may remove the same therefrom, with or without force and with or without notice of intention to retake the same, without being liable to any suit or action or other proceeding by the renter.
No terms, representation or warranty, express or implied, not herein set out shall bind EVERYTHING PROPS, LLC. This agreement contains the entire understanding between the parties, including representations, and may not be modified except by another agreement in writing, signed by both parties.
THIS RENTAL AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK (REGARDLESS OF THE LAWS THAT MIGHT BE APPLICABLE UNDER PRINCIPLES OF CONFLICTS OF LAW) AS TO ALL MATTERS, INCLUDING, WITHOUT LIMITATION, MATTERS OF VALIDITY, CONSTRUCTION, EFFECT AND PERFORMANCE.
SUBMISSION TO JURISDICTION
Each of the parties submits to the jurisdiction of any state or federal court sitting in New York, New York, in any action or proceeding arising out of or relating to this Rental Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each party also agrees not to bring any action or proceeding arising out of or relating to this Rental Agreement in any other court.
WAIVER OF JURY TRIAL
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS RENTAL AGREEMENT.