This Equipment Lease Agreement ("Agreement") is made and effective by signing or electronically signing the contract, or by purchasing services, by and between Cheecam, ("Lessor"), and the current user ("Lessee"). By signing the contract (or electronically signing) or purchasing services, 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 or electronically signing the contract, or purchasing services, Lessee indicates acceptance of the modified terms and conditions.

Parties:

Known as “Lessor”: 

Cheecam

4210 Via Marina apt 424, Marina Del Rey CA 90292

And

Known as “Lessee”:
You (defined as customer/lessee to contract) 

Purpose of the Equipment Lease Agreement

Customer wishes to hire Lessor to provide services relating to Customer’s event as detailed in this Equipment Lease Agreement. Lessor has agreed to provide such services according to the terms of this Equipment Lease Agreement. Any physical pieces of product Lessor is providing for Lessee will be referred to as "Equipment."

Terms

Services. The services provided by Lessor are those as specified in the proposal/quote/purchase order/invoice to which these Terms and Conditions pertain.

Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the equipment shown in the order preview on the respective invoice (“Equipment”). Lessor reserves the right to refuse or decline leasing Equipment to potential lessee at Lessor’s sole discretion. Lessor may, at its sole discretion, gather information from third parties regarding potential lessee’s past rental history and creditworthiness.

Term. The term of this Lease shall commence on the day of the first attempt by the parcel carrier used by Lessor to deliver the item and expires 72 hours after the event date. Lessor will ensure the Equipment is delivered to Lessee at least 24 hours prior to the event date, typically 8-10 days prior to the event date, unless otherwise discussed via email. The Equipment must be return-shipped to Cheecam before the shipping cut-off time with the courier on the last day of the Rental Period via the parcel carrier used by Lessor, unless prior arrangements were made between Lessee and Lessor. Should Lessee return the Equipment using a shipping label not provided by Lessor, and the Equipment is not returned on or before the expected return date, Lessor reserves the right to charge the Lessee additional fees for the extra time the Equipment was in transit or late. Lessee hereby gives Lessor permission to contact Lessee via the US mail, email, telephone, or text message regarding information on or status of the rental.

Rent and Deposit. All rent will be paid in advance, in full before the order ships.

Use. Lessee shall use the Equipment in a careful, safe, and appropriate manner and shall comply with and conform to all national, state, municipal, and other laws, and regulations in any way relating to the possession, use, or maintenance of the Equipment including any manufacturer’s recommendations, warnings, and instructions as to the safe use of the Equipment.

Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.

Representations, Warranties, and Agreements

Lessor represents and warrants as follows:

1. The Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental.
2. Lessor is responsible for routine repair and maintenance of the Equipment prior to rental.
3. Lessor has the right to enter into the rental of the Equipment.

Lessee agrees as follows: a. Except as set forth in Lessor’s representations and warranties above, the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose. b. Lessor shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays. c. Except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Lessee’s usage, possession, transportation, or failure to return the Equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors. At all times Lessor’s maximum liability in connection with the Equipment is limited to the rent paid to Lessor by Lessee.

Delivery of Services, Return of Equipment

Delivery of Services/Equipment. Lessor will ensure the equipment is delivered to Lessee at least 24 hours prior to the event date, unless otherwise agreed upon with Lessee, or if there is a delay in shipment outside of the Lessor's control. Lessee understands that Lessor typically will deliver equipment to Lessee within 8 to 10 days prior to the event date.

Shipping. Lessor does not ship on federal holidays. Lessor cannot guarantee the arrival date of the order as that is outside the control of Lessor. Any shipping or transit time estimates provided by Lessor are estimates only. Lessee is encouraged to order in a timely fashion to avoid delays caused by product unavailability or shipping. Lessee agrees to obtain and retain the shipping receipt for all return shipping until Lessor notifies Lessee of Lessor’s receipt of such returned product.

Age. Due to the value of the Equipment Lessor will not rent Equipment to persons under the age of 18. Lessee agrees not to allow any person to pick up, or return the Equipment who is under the age of 18.

Surrender. The expiration of this Lease is at the end of the rental period specified in the order. Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition, and working order, ordinary wear and tear resulting from proper use thereof excepted, by delivering the Equipment at Lessor's cost and expense via the shipping method specified by Lessor. Lessee shall be responsible for proper packaging of the returned Equipment using shipping and packaging materials provided by Lessor in the order shipment. Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to the condition of the returned Equipment. Lessor reserves the right to inspect the Equipment within a reasonable time after the return of the Equipment and make a determination as to whether such returned Equipment was damaged during the period the Equipment was in Lessee's possession.

Used Equipment. Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed. However, Lessor warrants that the Equipment, whether new or used, will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify Lessor pursuant to the "Non-Working Equipment" Section of this Equipment Lease Agreement.

Typographical Errors. In the event a product rental rate is listed incorrectly due to errors in pricing information received from Lessor’s suppliers, Lessor has the right to refuse or cancel any orders placed for products listed at the incorrect rate whether or not Lessee’s credit card has been charged. Should Lessor cancel Lessee’s order, Lessor will immediately credit Lessee’s account for the incorrect amount paid.

Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. Cheecam reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order or to supply less than the quantity Lessee ordered of any item for any reason.

Out-of-Stock Products and Multiple Product Orders. Lessor will ship the Equipment to Lessee as it becomes available. There may be times when the Equipment Lessee ordered is out-of-stock which will delay fulfilling Lessee’s order. Lessor makes no guarantees as to availability of Equipment. Any estimate of availability provided by Lessor is based on the assumption that each of Lessor’s customers returns Equipment within the prescribed Rental Period. Lessor will keep Lessee informed of any Equipment that Lessee has ordered that are out-of-stock and unavailable for immediate shipment. If Equipment is out-of-stock or unavailable, Lessee may cancel the order at any time prior to shipping. For a multiple product order, Lessor will make every attempt to ship all products contained in the order at the same time. Equipment that are unavailable at the time of shipment of other Equipment will be shipped as they become available unless Lessee notifies Lessor of their alternate wishes to this end. Lessee will only be charged for Equipment contained in a given shipment, plus any applicable shipping charges. Lessee will only be charged for shipping at the rate quoted on Lessee’s purchase receipt. The entirety of this shipping charge may be applied to the first Equipment shipped on an order requiring multiple shipments.

Cost, Fees, and Payment

Cost. The price and products are those as specified in the proposal/quote/purchase order/invoice to which these Terms and Conditions pertain. The retainer for the services provided by Lessor is 50% of Lessee’s order total at the time of booking and is non-refundable, irrespective of whether or not Lessee uses Lessor’s services or cancels the booking.

Insurance. Lessor reserves the right to require a certificate of insurance with appropriate coverage and limits or other evidence of insurance coverage deemed acceptable in Lessor’s sole discretion.

Late Fees. Lessee shall be subject to a late fee for each day following the end of the rental period that the Equipment is not returned to Lessor. Late fees shall accrue on a daily basis in an amount equal to the daily rental rate of the Equipment. Should Lessee fail to return the Equipment by the agreed-upon return date, Lessor will charge late fees as follows:

1. For each day late, a fee equal to 10% of the rental fee per day, up to the full replacement cost of the Equipment.
2. If the Equipment is not returned within 7 days of the agreed-upon return date, Lessor may, at its sole discretion, charge Lessee the full replacement cost of the Equipment, minus any rental fees already paid.

Payment. Lessee shall pay the rent specified in the order for the entire Rental Period. Rental fees are non-refundable except as otherwise expressly set forth herein. Lessee shall pay to Lessor the full amount of the rental price for the Rental Period and any additional amounts which shall become due hereunder, including but not limited to damages to or loss of the Equipment. Lessee is responsible for shipping costs both to Lessee and back to Lessor, including applicable taxes and duties. If the rental is cancelled within 30 days prior to the event date, no refunds will be given. Lessee shall provide a valid credit card to Lessor prior to Lessor shipping Equipment to Lessee. In the event that Lessee fails to return Equipment to Lessor at the expiration of the Rental Period, Lessor may charge the credit card on file for the replacement cost of such Equipment. Lessee hereby authorizes Lessor to charge the credit card on file for any fees and charges that become due hereunder, including without limitation for loss or damage to the Equipment. Lessee hereby authorizes Lessor to take a security deposit by charge or credit card hold, up to the replacement value of the Equipment. Cheecam reserves the right to authorize and charge Lessee’s credit card as required to pay for the replacement value of the Equipment and all charges, fees, and costs arising under this Lease.

Artistic Release

Style and consistency. Lessee has spent a satisfactory amount of time reviewing Lessor’s work and has reasonable expectation that Lessor will perform the services in a similar manner and style unless otherwise specified in this Equipment Lease Agreement. Lessor will use its artistic judgment when providing services for Lessee. Dissatisfaction with Lessor’s style are not valid reasons for termination of this equipment lease agreement or request of any monies returned. 

Repairs and Maintenance

Lessor shall, at its own cost and expense, keep the Equipment in good repair, condition, and working order, except that Lessee shall be responsible for any damage to the Equipment caused by Lessee’s negligence, misuse, abuse, or intentional acts. In the event that the Equipment requires repair, Lessee shall notify Lessor immediately and Lessor shall provide Lessee with instructions for returning the Equipment for repair. Lessor reserves the right to charge Lessee for the cost of any repairs that are necessary due to Lessee’s negligence, misuse, abuse, or intentional acts. Lessor is not responsible for any downtime or delay caused by the need for repairs. Lessor is not responsible for providing a replacement while the original Equipment is being repaired.

Indemnification and Liability

Lessee shall indemnify, defend, and hold harmless Lessor and its officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with Lessee’s use, possession, transportation, or return of the Equipment, except to the extent caused by the gross negligence or willful misconduct of Lessor. Lessor shall not be liable to Lessee for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with this Lease or the use, possession, transportation, or return of the Equipment, even if Lessor has been advised of the possibility of such damages.

Default

If Lessee fails to perform or observe any term, covenant, or condition of this Lease, including without limitation the payment of rent or any other amounts due hereunder, Lessor shall have the right to terminate this Lease immediately and take possession of the Equipment without notice to Lessee. Lessor’s exercise of its rights under this Section shall not prejudice or waive any other rights or remedies available to Lessor at law or in equity.

Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or in connection with this Lease shall be brought exclusively in the federal or state courts located in the State of California, and Lessee hereby consents to the personal jurisdiction and venue of such courts.

Entire Agreement

This Lease constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties. No amendment, modification, or waiver of any provision of this Lease shall be valid unless in writing and signed by both Parties.

Miscellaneous Provisions

Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will continue to be valid, legal, and enforceable. The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to make it enforceable while retaining as closely as possible the intent of the original provision.

Waiver. The failure of either Party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. No waiver of any term or condition of this Agreement shall be valid or binding on either Party unless agreed upon in writing by both Parties.

Force Majeure. Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, natural disasters, pandemics, strikes, lockouts, labor disputes, government actions, or any other cause beyond its reasonable control.

Notices. Any notice or communication required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or sent by certified or registered mail, return receipt requested, or by recognized overnight delivery service, to the respective addresses of the Parties as set forth in this Agreement or to such other address as either Party may designate by notice in accordance with this Section.

Assignment. Lessee shall not assign, transfer, or sublease any of its rights or obligations under this Agreement without the prior written consent of Lessor. Any attempted assignment, transfer, or sublease in violation of this provision shall be null and void and of no force or effect.

Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

Headings. The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be deemed as binding as original signatures.

Relationship of the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the Parties. The Parties are independent contractors, and neither Party shall have the authority to bind the other or to incur any obligation on its behalf.

Governing Language. This Agreement has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Agreement.

Amendments. Any amendment, modification, or waiver of any provision of this Agreement must be in writing and signed by both Parties.