RENTAL AGREEMENT
This Equipment Rental Agreement (“Agreement”) is entered into between:
On Record (referred to as “Lessor”)
and
You, the customer (referred to as “Lessee”)
Collectively, both parties are referred to as the “Parties.”
By signing this Agreement electronically or in writing, or by completing a rental transaction, the Lessee agrees to these terms. Lessor reserves the right to update these terms at any time, and updates take effect immediately upon posting. Continued use of services constitutes acceptance of the updated terms.
Purpose
The Lessee wishes to rent video camcorder equipment for an event, and the Lessor agrees to provide the equipment and associated services under the terms of this Agreement. Any physical equipment provided is referred to as “Equipment.”
Rental Terms
Services Provided:
The Lessor will supply services as outlined in the order confirmation, invoice, or purchase agreement.
Lease of Equipment:
The Lessor rents the Equipment to the Lessee as listed in the order summary. Lessor may refuse rental at its discretion, including after reviewing credit or rental history. If rental is declined, Lessee will receive a full refund.
Rental Period:
The rental period begins upon the first delivery attempt and ends 72 hours after the event. Equipment will generally be delivered 4–6 days before the event. The Equipment must be returned via the provided shipping method by the final day of the rental period. Late or incorrect returns may incur additional fees.
Rental Payment:
Full payment must be made prior to shipping the Equipment.
Use of Equipment:
Lessee must use the Equipment carefully and in compliance with all laws, manufacturer instructions, and safety recommendations. Equipment is rented “as is” except for the warranties explicitly provided by Lessor. Lessee assumes all risk for damage, loss, or misuse.
Warranties and Representations:
Lessor warrants that Equipment is in good working order when shipped. Lessee acknowledges that Lessor is not responsible for indirect or consequential damages and that Lessee bears all costs of repair or replacement due to improper use or handling. Lessor’s maximum liability is limited to the total rental fee paid.
Delivery and Return
Delivery:
Equipment will be shipped to the address provided by Lessee. Shipping timelines are estimates and Lessor is not responsible for delays outside its control. Equipment will typically arrive 4–6 days prior to the event.
Return:
Equipment must be returned in good condition using the packaging and shipping materials provided. Lessor will inspect Equipment upon receipt and may charge for damage, loss, or cleaning if necessary.
Used Equipment:
Equipment may be pre-owned but will function properly. Any non-working Equipment must be reported immediately. Lessor will replace or repair faulty Equipment or issue a credit or refund as appropriate.
Fees and Payments
Rental Fee:
The full rental fee is payable at the time of booking. This fee is non-refundable except under the On Record “Video Guarantee.”
Video Guarantee:
Refund eligibility exists if:
Equipment malfunctions due to Lessor error (not user error or environmental factors).
Lessee is unable to record video despite following setup instructions.
The rental package is lost in transit.
Refunds do not apply if:
Equipment is returned late
Cancellation occurs
Setup instructions are not followed
Equipment is damaged or misused
Environmental or electrical issues outside Lessor’s control
Taxes:
Lessee is responsible for all applicable taxes, fees, and levies related to the rental.
Liability and Risk
Indemnity:
Lessee agrees to indemnify and hold Lessor harmless from any claims or damages arising from Lessee’s use of the Equipment.
Maximum Liability:
Lessee’s maximum recovery in any claim is limited to the total rental fees paid.
Loss, Damage, or Repair:
Lessee assumes full responsibility for damage, loss, or failure to return Equipment. Lessor may charge for repair, replacement, or “Loss of Use” fees as appropriate. Lessee must not attempt repairs.
Equipment Use Errors:
Lessor provides guidance for Equipment operation. Lessee assumes all risk associated with usage.
Intellectual Property
Ownership:
All Equipment and any media or products produced remain the property of Lessor.
Copyright:
Lessor retains all copyright in any videos or media produced, whether registered or unregistered. Lessee is granted a non-exclusive license for personal use only, with attribution to Lessor where appropriate.
Cancellation, Rescheduling, and No-Shows
Cancellation or Rescheduling:
Lessee must notify Lessor as soon as possible of any changes. Refunds are at Lessor’s discretion and may depend on whether the date can be rebooked.
Failure to Perform Services:
If Lessor cannot perform services due to reasons outside its control, it will notify Lessee and attempt to arrange a suitable replacement. If a replacement is not possible, a refund or credit will be issued proportionate to services rendered.
General Provisions
Entire Agreement:
This Agreement represents the full understanding between the Parties and supersedes any prior agreements.
Severability:
If any part is invalid or unenforceable, the remainder remains in effect.
Amendment:
Changes must be in writing and signed or agreed upon by both Parties.
Legal Costs:
The prevailing Party in any legal dispute may recover reasonable legal costs.
Notice:
Any required notice may be sent by email or other mutually agreed method.
Governing Law:
This Agreement is governed by the laws of Australia and the relevant State or Territory of the Lessor. Any disputes will be heard in the appropriate courts of that jurisdiction.