In consideration of the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, Wily Media leases the Equipment to the Renter, and the Renter leases the equipment from Wily Media on the following terms:
Definitions
1. The following definitions are used but not otherwise defined in this Agreement:
a. "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
b. "Equipment" means the Equipment that is listed on the first page of the document under "Description". The approximate value for the equipment can be provided by Wily Media should the Renter inquire.
c. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the equipment.
Lease
2. Wily Media agrees to lease the Equipment to the Renter, and the Renter agrees to rent the Equipment from Wily Media in accordance with the terms set out in this Agreement.
Term
3. The Agreement commences on the date set out on the previous page as "Pickup Date" and will continue until the termination date as set out on the previous page as "Drop Off Date".
4. The Renter may not extend the rental period without written permission from Wily Media.
5. Receipt of the Equipment by Wily Media on the Drop Off Date does not constitute the closure of the rental contract, nor a waiver of a claim against the Renter. All Equipment is subject to inspection by Wily Media during a reasonable period before the rental contract may be deemed closed.
Rate
6. The Rate, inclusive of GST and PST will be paid in full upon receipt of the items on Pickup Date and is set out on the previous page as “Invoice Total”.
7. The Date Rate is the daily cost for the Renter to borrow the Equipment from Wily Media and is set out on the previous page as “Day Rate”
8. The Renter agrees to pay the Rate for the entire period the Equipment is away from Wily Media and return it before the Drop Off Date. The Renter will pay a full Day Rate per day that the Equipment is not returned.
9. If the Equipment is not returned by 11am on the Dropoff Date, or at another time agreed to by both parties in writing, the minimum late charge is one full Day Rate.
10. End of the Term Is determined at the point that all Equipment is returned in full working order and free from damage or defect, as verified by Wily Media.
11. No refunds shall be given for rentals returned before the scheduled end of the rental period.
Use of Equipment
12. The Renter will inspect the Equipment and determine it to be in good mechanical and physical condition. If the Renter does not inspect the equipment, the Renter waives inspection rights and accepts all equipment as prepared by Wily Media with no dispute.
13. Wily Media will not acknowledge, refund, or compensate any issues reported upon return of equipment.
14. The Renter will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law, whether local, provincial, or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
15. The Renter will use the equipment for the purpose of which it was designed and not for any other purpose.
16. Unless the Renter obtains the prior written consent of Wily Media, the Renter will not alter, modify, or attach anything to the Equipment unless the alteration, modification, or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
17. The Renter agrees to return all equipment in the same mechanical, physical, and cosmetic condition as inspected on the Pickup Date.
18. The Renter acknowledges that it has not relied upon Wily Media in selecting the Equipment, and Wily Media is not responsible for any final results in content produced.
Repair and Maintenance of Equipment
19. For rentals longer than 10 days, the Renter will, at the Renter’s own expense, keep the Equipment in good repair, appearance, and condition, with reasonable wear and tear excepted. The Renter will supply all parts that are necessary to keep the Equipment in such a state.
20. If equipment must be cleaned by a 3rd party, all costs will be covered by the Renter including rental charges until the Equipment is returned to Wily Media.
21. If the Equipment is not in good repair, appearance, and condition when it is returned to Wily Media, Wily Media may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance, and condition, with reasonable wear and tear excepted. Wily Media will make said repairs within a reasonable time of taking possession of the Equipment and will give the Renter written notice of and invoices of the said repairs. Upon receipt of such invoices, the Renter will immediately reimburse Wily Media for the actual expense of those repairs.
Loss and Damage
22. Wily Media will not be held liable for any loss, damages, liability, work stoppages, media failure, issues, or incompatibility of the Equipment while the Term is active.
23. To the extent permitted by law, the Renter will be responsible for all risk and liability such as, but not limited to loss, theft, damage, or destruction of the Equipment from any and every cause. In the event that the Equipment is returned with any failures, issues or damages, cosmetic or otherwise, the Renter agrees to pay for any cleaning, repairs, replacements, losses to or of the Equipment as well as the Day Rate for the time that the Equipment is away from Wily Media, including shipping or transportation fees.
24. The Renter agrees to pay Wily Media any charges incurred to recover Equipment or outstanding debts, including by not limited to court costs and legal fees.
25. If any part of the Equipment is not returned, regardless of cause, the Renter will within 72 hours of the end of the Term, pay the market price of the missing Equipment to Wily Media, all shipping costs, as well as the Day Rate per day for the actual time it takes to replace the item.
26. In the event of Total Loss of the Equipment, the Renter will provide Wily Media with prompt written notice of such loss and will pay Wily Media the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Renter.
27. Wily Media will not be held liable for any damage to the Renter’s equipment based on but not limited to incompatibility.
Ownership, Right to Lease, and Quiet Enjoyment
28. The Equipment is the property of Wily Media and will remain the property of Wily Media.
29. Wily Media retains the right to end the rental at any point and take possession of the Equipment if it not returned on request, without renumeration or damages.
30. The Renter will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
31. Wily Media warrants that Wily Media has the right to lease the Equipment according to the terms in this Agreement.
32. Wily Media warrants that as long as no Event of Default has occurred, Wily Media will not disturb the Renter’s quiet and peaceful possession of the Equipment or the Renter’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.
Insurance
33. If the Equipment has a market value above $5000, proof of a rental policy must be presented to Wily Media.
34. If the Equipment has a market value below $5000, in lieu of a rental policy, a credit card hold will be taken as Deposit. An insurance policy is always highly suggested by Wily Media.
35. The Renter shall for the duration of the rental contract insure the Equipment against all forms of loss such as, but not limited to theft, accidental damage, liability due to failure, or misuse of the Equipment and pay any deductible required.
36. The Renter shall not use the Equipment in any way that would cause cancellation or impairment of the insurance policy.
Indemnity
37. The Renter will indemnify and hold harmless Wily Media against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees and costs, arising out of or related to the Renter’s use of the Equipment.
Default
38. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
a. The Renter fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Renter’s obligations under this Agreement.
b. The Renter becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal Bankruptcy Law of Canada or another competent jurisdiction.
c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
Remedies
39. On the occurrence of an Event of Default, Wily Media will be entitled to pursue any one or more of the following remedies (the “Remedies”):
a. Declare the entire amount of the repair, cleaning, or other fees immediately due and payable without notice or demand to the Renter.
b. Apply the Deposit toward any amount owing to Wily Media.
c. Commence legal proceedings to recover outstanding costs and other obligations accrued before and after the Event of Default.
d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Renter waives any and all damage occasioned by such taking of possession.
e. Terminate this Agreement immediately upon written notice to the Renter.
f. Pursue any other remedy available in law or equity.
Entire Agreement
40. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of the Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
41. Any supplemental rental conditions or amendments to this Agreement will be set forth only be Wily Media.
Payment
42. All dollar amounts in this Agreement refer to Canadian Dollars, and all payments required to be paid under this Agreement will be paid in Canadian Dollars unless the Parties agree otherwise.
Interpretation
43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
44. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with, and governed, to the exclusion of the law of any other forum, by the laws of the Province of British Columbia without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability
45. This Agreement may be executed in counterparts, and in any order.
46. Signatures created with Adobe’s Digital Signature or any other secure signature program are binding and are considered to be original signatures.
47. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns, as the case may be, of each Party to this Agreement.
48. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes, or floods, and/or any other cause beyond the reasonable control of the Party whose performance is affected.
Notice to the Renter
49. This is a rental contract. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.