These terms and conditions are incorporated into and made part of Rental Order No. (“Order”), together representing the Rental Agreement between Pro Photo Supply, Inc. (“Pro Photo Supply”) and the undersigned (“Renter”) for the rental of the items described on the Order (collectively, the “Equipment”).

Binding Terms and Conditions

THESE TERMS AND CONDITIONS, ALONG WITH THE ORDER, SET FORTH THE COMPLETE AND EXCLUSIVE TERMS OF THE AGREEMENT BETWEEN RENTER AND PRO PHOTO SUPPLY. THEY MAY NOT BE CHANGED EXCEPT IN A WRITING SIGNED BY PRO PHOTO SUPPLY’S PRESIDENT.

Reservation / Cancellation

Equipment is rented on a first-come, first-served basis. Reservations may be placed up to 60 days in advance and must be canceled through the rental department at least 24 hours before the pickup time. Otherwise, Renter will be charged rent for the period reserved.

Rental Periods and Rates

Rental rates are daily and charged for each full day the Equipment is in Renter’s possession. Equipment may be picked up during business hours on the pickup day and must be returned by noon on the return day. Rental rates stated on the Order are authoritative.

The maximum rent for a seven-day period is three times the daily rental rate.

The maximum rent for a 30-day period is ten times the daily rental rate.

Age Requirement

By entering into this Agreement, Renter represents that Renter is at least eighteen (18) years of age. If Renter is under eighteen (18), Renter’s parent or guardian must be present at pickup to sign the contract and agrees to be bound by these terms on behalf of the minor.

Charges / Late Returns

Pro Photo Supply relies on the due date in scheduling Equipment for other renters. If Equipment is returned late, Renter will be charged the daily rental rate for the due day and for each additional day until the Equipment is returned, plus any lost rental income. The “maximum rent” provision above does not apply to late returns.

Cleaning Fee

Equipment must be returned clean. If Equipment is deemed dirty (smoke, mud, chalk, sand, etc.) in Pro Photo Supply’s sole judgment, Pro Photo Supply may charge a cleaning fee.

Deposit

A deposit equal to the estimated replacement cost of the Equipment may be required. Deposits may be in cash or an authorization hold on a credit card, with valid photo identification. Pro Photo Supply does not warrant the length of time that a financial institution may take to release the account hold.

Use of Equipment / Instruction Manuals

Renter shall operate Equipment in a professional manner and in accordance with the manufacturer’s instructions. Renter’s acceptance of the Equipment confirms that it has been inspected, is in good working order, functions as expected, and is free of defects unless otherwise noted in writing on the Order.

Loss or Damage

Renter is responsible for all risk of loss while the Equipment is in Renter’s possession or in transit to Renter. Renter shall pay the full replacement cost for any Equipment not returned (including loss or theft) or damaged beyond repair, as determined by Pro Photo Supply in its sole discretion.

Insurance

Unless waived in writing by Pro Photo Supply for established credit accounts, Renter must maintain all-risk insurance coverage equal to the replacement cost of the Equipment, as set by Pro Photo Supply. The insurance must be primary for the Equipment and name Pro Photo Supply as loss payee. Proof of insurance may be required at any time.

“Try Before You Buy” Policy

If Renter purchases substantially similar new, in-stock Equipment from Pro Photo Supply within six business days of the rental, one day’s rental charge will be credited against the purchase price.

Spare Battery and Accessory Policy

Renter should supply spare batteries. Charged batteries may be provided but are not guaranteed. Renter will be charged for any missing or damaged batteries or accessories.

Disclaimer of Warranty / Limitation of Remedies

EXCEPT AS EXPRESSLY STATED HEREIN, PRO PHOTO SUPPLY MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OR OPERATION OF RENTED EQUIPMENT AND EXPRESSLY DISCLAIMS ANY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

RENTER SHALL HAVE NO CLAIM FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE EQUIPMENT. RENTER’S EXCLUSIVE REMEDY SHALL BE THE RETURN OF ALL OR A PORTION OF THE RENT PAID.

RENTER SHALL INDEMNIFY AND HOLD PRO PHOTO SUPPLY HARMLESS FROM ANY CLAIM RELATING TO THE EQUIPMENT.

Litigation

Pro Photo Supply may recover unreturned Equipment from Renter. If Pro Photo Supply incurs costs in recovering the Equipment or amounts due, Renter shall reimburse Pro Photo Supply for reasonable attorneys’ fees and court costs, including on appeal.

This Agreement is governed by Oregon law, without regard to conflict-of-law principles. Venue for any proceeding related to this Agreement or the rental lies exclusively in Multnomah County, Oregon. The parties consent to the personal jurisdiction of such court and waive any right to remove or transfer the matter elsewhere.