Corey Allen

Rental Agreement


Corey Allen Creative, LLC PO Box 12151 Murfreesboro, TN 37128

 www.austinallen.net | hello@austinallen.net

Customer Account Information

Company Name:

Company Phone:  

Street Address:  

City, State, Zip Code:  

Contact Name:  

Contact Phone:  

Contact eMail:  

Tax Exempt Status (Documentation Required):

 

Rental Terms & Conditions

THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by paying associated invoice, by and between Corey Allen Creative, LLC, (“Lessor”) and current user (“Lessee”). Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “Agree & Sign” button, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE,

A. Disclaimer

Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.

B. Lease

Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown in Line Item Description of Rental Invoice.

C. Shipping

Lessee agrees to pay both outgoing and return shipping charges at the time of the initial transaction, unless parties otherwise agree. 

  1. Lessor cannot guarantee a specific time or date for delivery. Any shipping time given by Lessor is only an estimate.
  2. Use, by Lessee, of shipping methods other than those arranged for by Lessor is a violation of these terms, and may result in the application of late fees.

D. Term

The term of this lease shall commence upon delivery of rental equipment. The term of this lease shall expire on the expiration of the term of days shown on the order invoice. The Equipment must be returned to the agreed upon location by the end of business on the last day of the term of the lease.

E. Rent

Rent and a deposit, if applicable, must be paid in advance, in full.

F. Late Returns

Late returns are penalized a maximum daily penalty equivalent to 25% of the 4 day rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.

  1. In the event the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment.
  2. If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
  3. Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.

G. Responsibility

  1. Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
  2. Customer agrees to admit Corey Allen Creative, LLC or agent thereof to enter the premises upon which Equipment is kept for the purpose of checking the state and condition of Equipment, for the purpose of repossessing the Equipment in the event that the Customer is in default of any term of the lease, whatsoever.
  3. Customer shall not remove the Equipment from the state in which it is prior to obtaining written permission from Corey Allen Creative, LLC.
  4. Furthermore, Customer shall not remove the leased property from the ground in any airplane or any machine used for air travel including but not limited to helicopters, blimps, and hot air balloons without written consent of Corey Allen Creative, LLC.
  5. Furthermore, Customer shall not remove the leased property from the ground in any watercraft or any machine used for water travel including but not limited to boats, jet skies, kayaks, or rafts without written consent of Corey Allen Creative, LLC.
  6. Customer shall not lease or loan the Equipment described herein to any other persons, firms, or corporations, and the Equipment shall at all times remain under the immediate and actual control and direction of the Customer.
  7. Customer agrees not to remove cover, deface or alter any tag, serial number or nameplate.
  8. A person executing the rental contract on behalf of a company warrants that he/she has full authority of the company to sign the rental contract and obligate the company.
  9. Customer specifically acknowledges Corey Allen Creative, LLC’s superior title and ownership of the Equipment and must keep the Equipment free of all liens, levies and encumbrances except those caused by resulting from Corey Allen Creative, LLC’s acts. Customer may not assign or pledge the Equipment.
  10. Customer agrees to indemnify Corey Allen Creative, LLC and to hold Corey Allen Creative, LLC and its employees and agents harmless from and against any and all losses, damages, claims, demand or liability of any kind or nature whatsoever, including legal expenses, arising from the use, condition (including, without limitation, latent and other defects) or operation of the Equipment, and by whosoever used or operated during the rental term. This indemnification shall continue in full force and effect during and after the term of the rental for causes arising during the term of the rental.
  11. Corey Allen Creative, LLC will provide instructions regarding the use of Equipment at the Customer’s written request, but cannot be held responsible for the completeness or accuracy of the instructions. Proper care, operation, application and understanding of Equipment are solely the responsibility of the Customer.

IT IS THE SOLE RESPONSIBILITY OF THE CUSTOMER THAT ALL ELECTRONIC EQUIPMENT IS PROPERLY GROUNDED IN ACCORDANCE WITH CURRENT NATIONAL ELECTRIC CODES.

Initials:  

H. Cancellation by Lessor

Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.

I. Cancellation by Lessee

Lessee may cancel an order at any time, for any reason until the Lessor transfers possession of the Equipment to the Shipper.

J. Ownership

The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.

K. Damaged or Modified Equipment

Lessee shall keep the Equipment in good repair and condition. Lessee assumes and shall bear the entire risk of damage of the Equipment from any cause during the term of the Lease. Lessee shall not materially modify or alter the Equipment.

  1. In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.
  2. Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper if equipment was shipped by Lessor, during the term of the Lease.
  3. Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease.
  4. If there is a dispute between Lessor and Lessee as to whether damage occurred in possession of the Shipper, the equipment shall be sent to an external repair facility. The opinion of the repair facility, as to the cause of the damage, shall be binding on the parties.
  5. In the event of damage, Lessor shall choose the repair method and venue, within reason.
  6. If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.
  7. Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor.
  8. Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
  9. At Lessor’s discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
    • Smoke
    • Mud or dirt
    • Chalk or powder
    • Sand
    • Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory

Initials:  

L. Loss of Equipment

Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.

  1. Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
  2. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
  3. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
  4. Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
  5. In case of a dispute over whether the Lessee returned the Equipment:
  6. If Lessor and Lessee exchange equipment in person, signatures are captured at pick-up and drop-off as proof of delivery.
  7. If the tracking information for the return shipping label provided by Lessor does not show that the Equipment has been picked up by Shipper and the Lessee has no drop-off receipt, the Equipment is considered unreturned.
  8. If Lessee used an alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned. 2. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment. 3. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.

Initials:  

M. Default

In the event of default, all amounts owed by Lessee to Lessor are immediately due.

  1. In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
  2. Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.

N. Missing Accessories

In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items.

O. Insurance

  1. Corey Allen Creative, LLC requires that Customer provides a valid Certificate of Insurance before any Equipment can be released from our facility. Customer shall at its expense, and at all times during the rental, maintain in full force and effect a limit of insurance covering all equipment rented hereunder, from all sources, and herein provided. All Equipment shall be insured for the full replacement cost without deduction for depreciation. In addition, all Equipment shall be insured for actual verifiable loss of use of the equipment (i.e. rental charges based on the greater of either the actual verifiable loss of business or the average rental history of the equipment, as computed for the period of time the equipment is being repaired and/or replaced not to exceed 90 days).
  2. Property Insurance- Customer insurance shall name Corey Allen Creative, LLC as Loss Payee for loss or damage to the property rented; shall cover “All Risks” of loss or damage for Equipment; vehicles physical damage coverage shall include the perils of “Comprehensive” and “Collision”; and all policies shall provide for 10 days written notice to Corey Allen Creative, LLC before any policy shall be modified or canceled. Limits shall be sufficient to encompass all property at risk, regardless of source, but in no event less than $1,000,000.00.
  3. Liability Insurance- Customer shall name Corey Allen Creative, LLC as an additional insured on your liability insurance and Customer’s liability insurance shall be deemed primary and noncontributory insurance in the event of any claim or suit. Liability Insurance shall meet the following minimums: Commercial General Liability, $1,000,000.00 per occurrence and annual aggregate; Automobile Liability, $1,000,000.00 combined single limit.
  4. The rights of Corey Allen Creative, LLC are not affected by Customer’s non-performance. Customer’s insurers shall agree that the rights of Corey Allen Creative, LLC under the insurance coverage as described in the preceding paragraphs shall not be affected by any act or neglect or breach of condition by you, other than non-payments of Insurance premiums.
  5. Corey Allen Creative, LLC will insure on common carrier and requests customer to return the same way unless Customer’s insurance policy specifically states it covers common carrier transport with Corey Allen Creative, LLC as loss payee. When and if a large loss would occur, the common carrier’s payment would make up the difference between the true value and insurance payment.
  6. If Corey Allen Creative, LLC does not have in its possession a written insurance certificate itemizing all risk coverage for Corey Allen Creative, LLC’s Equipment from customer’s insurance company naming Corey Allen Creative, LLC’s as the loss payee, then Corey Allen Creative, LLC, at their discretion, can refuse to allow the rental Equipment out of Corey Allen Creative LLC’s possession without deposit or acceptance of damage waiver by renter.

Initials:  

P. Shipping Delays & Malfunctioning Equipment

In the case of a shipping delay or malfunctioning Equipment, Lessor’s only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning or delayed in transit. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions or shipping delays.

Q. Taxes or Duties

The Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Equipment, renter agrees to reimburse Lessor in full for those charges.

R. Ownership

The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor does not have or make any claim to images, video, or sound recordings made by the Lessee while using the Equipment.

S. Severability and Governing Laws

This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of Tennessee. Lessor and Lessee agree that the United States District Court for the Middle District of Tennessee, and/or Tennessee’s 16th Judicial District shall have exclusive jurisdiction over any dispute between the parties of this Lease.

T. Definitions

  1. As used in the Rental Agreement and these Terms and Conditions, the following terms have the following meanings: “Customer” shall mean the entities and/or individuals so identified below; “Lessee” shall mean the entities and/or individuals so identified below; “Equipment” shall mean all equipment so listed in the rental order; “Lessor” shall mean Corey Allen Creative, LLC, its employees, or agents.

I agree that I have read, understand, and agree to adhere to these Terms and Conditions.

Leave this empty:

Signature arrow

Signed by Corey Allen
Signed On: August 3, 2021


Signature Certificate
Document name: Rental Agreement
lock iconUnique Document ID: cc82f3f46b6a6cdfa1048ac4a6f25a89ef82b30b
Timestamp Audit
August 3, 2021 7:17 pm CDTRental Agreement Uploaded by Corey Allen - corey@austinallen.net IP 107.135.226.56