Rental Terms and Agreement
This Product Rental Agreement (“Agreement”) is effective as of the date of submission of the rental reservation (“Effective Date”), and is made between Camera Ready Couture, a clothing and accessories rental company organized under the laws of Florida, USA, (“Owner”), and You (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement the Products listed on the attached rental reservation for the rental period specified, and only those specified Products.
1. Term. This Agreement shall commence on the date of submission and acceptance of this rental reservation and remain in full force and effect until Products are returned to Owner. Renter shall return the Products no later than 24 hours after then end of the rental period unless terminated earlier consistent with the terms herein.
2. Payment. Renter shall pay the following:
– 30% of the total rental period fees upon rental reservation submission.
– The remaining 70% of the rental period fees upon receipt of notice of shipping of the Products to Renter.
and authorize Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement.
Renter shall also pay other charges in accordance with this Agreement due upon return of Products, 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 Products, loss of use, diminution of the Product’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 150% charge per day for late return of the Products 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 Products assessed against Owner or the Products during the rental Term;
f) all expenses Owner incurs due to Renter’s failure to return the Products including costs in locating and recovering the Products, and loss of income due to inability to fulfill reservations for Products after expected return;
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.
3. Security Deposit. The security deposit is not collected at the time of rental however Owner reserves the right to charge fees up to the total of the security deposit for loss or damage of Products at anytime up to 48 hours after Owner receives returned Products. Owner may use the deposit to cover any amounts due under this Agreement in addition to the fees listed in Section 2.
4. Declined Payment. If, when Products are shipped, Owner is unable to collect the remaining rental reservation balance due to payment declines, Owner will reach out to Renter to obtain alternative payment methods. If Owner is unable to reach Renter, the Products will not be shipped and any amount of the rental reservation fees paid will be non-refundable. Delays in fulfilling payment may result in delays in shipping. Owner will not be liable for Products not arriving before dates/times needed due to payment related issues.
5. Location of Products. During the Term, Products shall be maintained in the care of the Renter at all times, unless expressly agreed otherwise in writing by Owner.
6. Care of Products. Products 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.
7. 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. Products shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent. The cost of repairs to Products will be deducted from the security deposit amount and charges will be processed automatically with payment information on file.
9. Restrictions on Use. Renter shall not:
a) permit the Products to be used by any person other than the Renter unless agreed upon with the Owner prior to use;
b) operate or use the Products or permit it to be operated or used in violation of law;
c) operate or use the Products or permit it to be operated or used to commit a violation of law; and/or
d) operate, use, maintain or store the Products in a manner likely to cause damage to the Products.
8. Loss or Damage. Renter shall alert Owner to any damage to the Products. Renter shall be responsible for any loss or damage to Products and loss of use, diminution of the Product’s value caused by damage to it or repair to it and missing Products.
9. Condition of Products. The condition of all Products are documented and retained on file in both writing and photographs with the Owner. Renter acknowledges that Renter will examine the Products immediately upon receipt and that it is in good condition. Any issues with the condition of the Products will be documented and provided to the Owner as soon as possible. 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.
10. Return of Products. Renter shall return Products on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Products to the agreed return location using the provided pre-paid return shipping label and dropped off at the specific shipping vendor. If Products is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Products or charging automatically charging additional fees as outlined in Section 2.
11. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
12. 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 Products 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 PRODUCTS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF INCOME OR WAGES, DAMAGE TO PERSONAL PROPERTY, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Ownership. Owner shall at all times retain ownership of the Products. Renter shall immediately notify Owner in the event Products is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Products shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
14. 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.
15. 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.
16. Entire Agreement. 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. If a court of law finds any portion of this Agreement un-enforceable, all other portions of this Agreement shall remain in effect.
17. 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.
18. 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.
19. 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 this Agreement and acknowledges having read and understood the foregoing by checking the box on the rental reservation checkout page.