Rental Agreement

This rental agreement is made between Pro AV Source, LLC, "PAVS" and the RENTAL CUSTOMER “RENTER” and is effective as of the order confirmation date described below (“Agreement”). This agreement covers Rental Equipment “Equipment” and Service Labor “Labor” for the Job Order “Job” described with a Job Order Number/Quote Number, Start Date, and End Date. This agreement shall be binding under the laws of the State of New York. Terms and conditions outlined in this document supersede any other terms and conditions found elsewhere in connection with or posted by PAVS.

AGENT
Renter may assign an Agent over the age of 18 to act for the Renter to pickup, receive, drop off, setup or operate Equipment. Renter agrees to notify PAVS in writing/email when assigning an Agent to pickup or receive Equipment. Renter agrees to inform Agent of their responsibilities under this agreement including but not limited to their time availability, receiving instruction, proper Equipment operation and Equipment pickup and/or return time. Use of an Agent does not limit Renter responsibilities under this Agreement in any way.

ORDER CONFIRMATION DATE
The date that PAVS confirms Job pricing and availability in writing to Renter with a Job status as “CONFIRMED”, generally via a confirmation email with Job attachment.

INSURANCE
Except where PAVS is providing transportation, setup, and equipment operation for the Job, the RENTER shall keep the EQUIPMENT insured against all risks of loss or damage by fire and such other risks commonly insured against for not less than the full replacement value of the EQUIPMENT. Each party shall maintain insurance to cover any claims or liabilities which may reasonably arise out of or relate to its obligations under this Agreement and shall provide evidence of such insurance upon request.

SECURITY
Unless other arrangements have been made, to insure the complete return of the EQUIPMENT to PAVS in good condition, at the request of PAVS, RENTER shall deposit with PAVS as security an amount equal to the full replacement cost of the EQUIPMENT which will be fully refunded upon the return of the EQUIPMENT, the deposit or the balance thereof after payment for any repair, replacement, costs to PAVS.

PAYMENT
PAVS standard policy is to reserve Equipment for Renter by charging 100% of the Job total to Renter credit card. Other payment methods and terms are subject to PAVS approval. Renter agrees to a $25 service charge for a returned check. Outstanding balances at Job End Date will be charged to Renter credit card on file. Outstanding balances may arise from these or other events: extended rental time, damaged Equipment, missing items, Labor overtime or additional Equipment added to Job after Start Date. Renter agrees to pay any and all court costs, attorney fees, and any other collection costs related to returned checks or unpaid balances.

CANCELLATIONS
Orders cancelled more than 48 hours from delivery time/customer pickup time as noted on the contract will receive a full refund minus any unrecoverable costs incurred by PAVS including but not limited to reserved labor expense, prep work, subrentals, custom material procured, and all other related pre-production costs. Because a confirmed order removes an item from our rentable inventory, orders cancelled 48 hours or less may not receive any refunds. Orders cancelled 48 hours or less due to acts of God will not receive a refund, however all charges will remain as useable credit for 1 year from the original rental date, minus any unrecoverable costs incurred by PAVS as explained above. No credit or refunds for unused time due to weather on all delivered items.

REFUNDS
Refund’s are limited to the value of the rented items herein. Renter discharges PAVS from liability or damages in excess of the rental amount in the event of Equipment failure or unavailability. Renter is responsible for immediately notifying PAVS Technical Support at 800-884-0653 of any Equipment malfunction or related operational problems in order for any price adjustment to be considered. PAVS provides free 24/7 telephone tech support and will make reasonable efforts to replace Equipment that is malfunctioning in a timely manner. If a technician cannot be reached, Renter will leave a voice message detailing the situation, at which this message will serve as record of incident (all calls and voice messages are logged, dated, and time stamped).

DELIVERY, SETUP, OPERATION AND PICKUP BY PAVS (Includes Mobile Stages)
If applicable, Renter agrees to be available during the Delivery/Setup and Pickup Time window described on Job. Redelivery or re-pickup due to Renter not being present for delivery, job site not ready, no access (or delayed access), street closure, or permit issues (if required) is subject to additional delivery charges. Renter is responsible for PAVS’s safe and open access to the Job location for delivery, setup, operation and breakdown tasks.

EQUIPMENT OPERATION BY RENTER
Renter agrees to be available to receive operational instructions from PAVS at time of pickup or delivery and to take possession of Equipment only upon full understanding of Equipment operation. Renter agrees to inform PAVS when using Equipment outdoors and follow any specific instructions regarding outdoor use. Renter agrees to notify PAVS when taking Equipment outside of NY, NJ, CT, or PA areas. Renter agrees not to expose equipment to harsh conditions including but not limited to: water, dust, sand, moisture, extended direct sunlight or heat sources. Renter agrees to use care in handling Equipment including placing Equipment on secure, level surfaces; properly securing cables to prevent tripping and accidental power down; and securing Equipment for safe and secure transportation and storage. Labor fees for dispatching a technical support rep may apply if Equipment is found to be reconfigured after it left PAVS’s possession or Renter did not make best efforts to follow steps outlined on provided documentation and/or instructions provided during the technical support telephone call. Cleaning fees and or damage charge may be incurred if evidence of exposure to harsh conditions exists upon Equipment return. Cable wrap fees may also be incurred if the cables returned are not properly wrapped per PAVS instructions.

EQUIPMENT RETURN
The equipment herein shall be delivered and returned by RENTER at his or her own risk and expense. Failure to return rental equipment or property as per contract will result in criminal prosecution in accordance with state law. RENTER agrees to pay an additional day's rental for each day for equipment returned after the specified return date on this contract. Rental of all equipment taken out must be paid for the period of time until returned to PAVS. No allowance will be made because any part was not used by RENTER. If RENTER shall default in any of the conditions herein or in punctually making any of the required payments or if any execution or other writ or her property or if RENTER shall enter into any arrangement with his or her creditors or if any judgment is obtained against RENTER by anyone, then in such event PAVS shall at its option retake immediate possession of such equipment without notice or express permission, free from liability to RENTER who herewith consents in advance to such acts.

RIGHT OF REFUSAL
PAVS reserves the right to refuse delivery or to provide possession of equipment to Renter, if the PAVS representative in their reasonable judgement determines that the client poses a risk to our equipment, property, and/or life. Client will be charged for the FULL DAY RATE of Rental regardless of circumstance.

LABOR CHARGES
Labor charges on the Job, if applicable, are estimates based on PAVS’s understanding of the event and Job requirements. Labor charges are subject to modification if the Job requirements deviate from the original agreement.

RENTAL PERIOD
Rental Period extends from the Renter Pickup or Delivery/Setup date and time to the Renter Return or Available Pickup date and time. Late returns are subject to additional charges at PAVS’s daily Equipment rental rate.

DAMAGED EQUIPMENT
Renter is responsible for all damage to Equipment caused by Renter or its guests while in Renter’s possession of Equipment. In the event the Renter (or Renter’s guests) damages the equipment, the Renter shall compensate PAVS for the full replacement value of the equipment or it’s repair, whichever is less. If the equipment in question is no longer replaceable by the same make and model, Renter agrees to compensate PAVS for a model equal in value, features, and performance to the equipment. PAVS will inspect all Equipment returned from Renter and will notify Renter of any charges within 48 hours of Job End. If a PAVS Technician is dispatched to site during Job, this does not release Renter from damaged equipment liability. Renter is responsible for the equipment damages caused by their attendees at Job. In no event shall PAVS be responsible for any damages proximately caused by renter or its assigns. It shall be the RENTER's duty to notify PAVS immediately of any claimed defect in any of the equipment herein within a reasonable amount of time after incident. PAVS has a 24-hour support line for emergencies. In the event a technician cannot be reached, Renter will leave a detailed Voice Message, which will serve as Proof of Issue (all calls and voice messages are logged, dated, and time stamped). Failure to do so will result in Renter waiving all rights to any refunds.

LOSS AND UNRETURNED EQUIPMENT
Renter is responsible for loss from any cause whatsoever incurred while in possession of Equipment, whether or not the fault of Renter, including theft. Failure to return Equipment per agreement terms with no communication from the Renter after 24 hours of Job End Date will void this Agreement and Equipment shall be considered stolen goods, prosecutable in accordance with New York State Law. Renter credit card on file can be charged for Equipment MSRP. Renter is responsible for all costs associated in recovering missing Equipment, or cost of Equipment, included but not limited to cost associated with: repossession, legal fees, and collections.

EQUIPMENT WARRANTY & FUNCTION
PAVS acknowledges all equipment is fully tested prior to release, and in working order as expected for equipment function. Renter agrees to maintain such equipment in the same condition it was received.

RIGHT OF POSSESSION
PAVS may at all reasonable times with reasonable prior notice enter the premises where said equipment is kept, to view the state and condition thereof. RENTER shall not permit others to use or loan said equipment to any other person or firm and it shall at all times remain under the immediate control, supervision, and direction of the RENTER personally. RENTER agrees not to alter or remove the nameplate of the equipment showing ownership.

RENTER INDEMNIFICATION
Renter agrees to indemnify and hold harmless PAVS from and against all damages and liability for bodily injury, including death, or damage to rented items, to the extent proximately caused by Renter’s or its guests’ gross negligence or intentional misconduct.

COPYRIGHT INFRINGEMENT
PAVS does not support copyright infringement, including but not limited to public display and reproduction of copyrighted material. PAVS reserves the right to refuse rental of Equipment when Renter cannot provide proper documentation for use of copyright material.

TERMINATION
Renter does herewith grant PAVS an option to terminate this agreement on 24 hours written notice by registered mail or personal service, where upon Renter shall immediately return to PAVS at Renter’s risk and expense the equipment in the same condition as when first rented, and PAVS shall upon receipt thereof refund the unexpired portion of any rental costs prepaid by Renter, less all claims of PAVS and the foregoing may be with or without cause.

ASSIGNMENT
Renter shall not assign its obligations under this Agreement without PAVS’s written consent.

By providing payment and taking possession of rented equipment, you agree with the above PAVS terms and conditions even if the rental agreement is not signed. This Rental Agreement insures to the benefit of and is binding upon the heirs, legatees, personal representatives, successors and assigns of the parties hereto.