This Agreement is a legally binding contract between AKJA LLC ("Company") and the Client identified above ("Client"). By signing below, Client agrees to all terms and conditions set forth herein. Please read carefully before signing.
1. RENTAL PERIOD. The rental period begins on the start date and ends on the return date specified above. Equipment must be returned by 12:00 PM (noon) on the return date unless otherwise agreed in writing. Time is of the essence.
2. PAYMENT. Client shall pay a deposit of fifty percent (50%) of the total rental amount to confirm the booking. The remaining balance is due in full at the time of pickup. Accepted payment methods: bank transfer, credit card, or certified check. All amounts are in U.S. dollars. Rates are non-negotiable once confirmed.
3. LATE RETURN. Equipment not returned by the agreed return date and time will incur an additional one (1) day rental fee per day for each item held, charged at the standard day rate. If equipment is not returned within three (3) days of the return date without written authorization from AKJA LLC, AKJA LLC reserves the right to report the equipment as stolen and pursue all available legal remedies.
4. CONDITION OF EQUIPMENT. Client acknowledges receipt of all equipment listed in the Equipment Schedule in good working order. Client is responsible for inspecting all items at pickup and noting any pre-existing damage in writing. Failure to note pre-existing damage at pickup constitutes acceptance of equipment in good condition.
5. CLIENT LIABILITY — DAMAGE, LOSS & THEFT. Client assumes full financial responsibility for all equipment from the time of pickup until the time of return and acceptance by AKJA LLC. Client shall be liable for: (a) the full replacement cost of any item that is lost, stolen, or damaged beyond repair; (b) the cost of repair for any item damaged during the rental period; and (c) any rental fees lost by AKJA LLC during the period required for repair or replacement. Replacement values are based on current market rates for equivalent equipment.
6. INSURANCE — TIERED. Insurance requirements depend on which equipment is rented.
6.1 Tier 1 — Certificate of Insurance Required. If the rented equipment includes any of the following items — ARRI ALEXA 35 camera, ARRI Signature Prime Set, ARRI SkyPanel S360-C, or the Music Video Lighting Kit — Client must provide, prior to pickup, a valid Certificate of Insurance (COI) from a licensed insurer with a minimum coverage limit of $1,000,000 (one million dollars) per occurrence, naming AKJA LLC as an additional insured. The COI must be approved by AKJA LLC before any Tier 1 equipment is released. No exceptions will be made for Tier 1 items.
6.2 Tier 2 — Card Authorization Hold and Liability Waiver. For all other equipment, Client must, prior to pickup, (a) authorize a credit card hold equal to 100% of the manufacturer or current-market replacement value of each rented item, which authorization shall remain in effect throughout the rental period; and (b) execute the AKJA LLC liability waiver presented at pickup. The card authorization will be released upon return of the equipment in the same condition as received, less any amounts owed under this Agreement for loss, damage, late return, or other charges. Client expressly authorizes AKJA LLC to charge the card on file for any amounts owed.
6.3 General. AKJA LLC does not offer a damage waiver or any substitute for the insurance, card hold, or waiver requirements set forth in this Section 6. Client's insurance, card authorization, or waiver does not limit Client's liability for amounts exceeding coverage limits or hold amounts. Client remains fully liable under Section 5 for the full replacement cost of any lost, stolen, or damaged equipment, regardless of tier.
7. PROHIBITED USES. Client shall not: (a) sublet, loan, or transfer the equipment to any third party without prior written consent from AKJA LLC; (b) use the equipment in any manner that violates applicable law; (c) transport equipment outside the continental United States without prior written authorization; (d) attempt to repair, modify, or alter any equipment; or (e) use equipment in conditions that may cause damage (extreme weather, submerged/underwater use, etc.) without prior written authorization.
8. CANCELLATION. Cancellations made more than 7 days prior to the rental start date will receive a full refund of deposit. Cancellations made 3–7 days prior will forfeit 50% of the deposit. Cancellations made fewer than 3 days prior will forfeit the full deposit. Cancellations on the day of pickup or no-shows will be charged the full rental amount.
9. EQUIPMENT CARE. Client agrees to use the equipment in a professional and careful manner, consistent with industry standards. Client shall store equipment in a secure location when not in use, protect equipment from weather and environmental hazards, and return all equipment clean and in the same operating condition as received.
10. INDEMNIFICATION. Client shall indemnify, defend, and hold harmless AKJA LLC and its members, officers, agents, and employees from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's use of the equipment; (b) any breach of this Agreement by Client; or (c) any act or omission of Client or Client's crew.
11. LIMITATION OF LIABILITY. AKJA LLC's liability to Client under this Agreement shall not exceed the total rental fees paid by Client for the applicable rental period. AKJA LLC shall not be liable for any indirect, incidental, consequential, or special damages arising from equipment malfunction, including but not limited to lost footage, production delays, or loss of revenue.
12. EQUIPMENT MALFUNCTION. AKJA LLC warrants that equipment is in good working order at the time of pickup. In the event of equipment malfunction through no fault of Client, AKJA LLC's sole obligation is to replace the malfunctioning item with equivalent equipment if available, or to prorate and refund the rental fee for the affected item and period. AKJA LLC shall not be liable for any production losses.
13. FORCE MAJEURE. Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, government actions, or public health emergencies.
14. GOVERNING LAW & DISPUTE RESOLUTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Any dispute arising under this Agreement shall be resolved by binding arbitration in Fulton County, Georgia, under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees.
15. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the equipment rental and supersedes all prior negotiations, representations, or agreements. Any modifications must be in writing and signed by both parties. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.