19089 94 Ave, Surrey, British Columbia
This Equipment Rental Agreement (this "Agreement") is made between Everything Film Equipment Inc., doing business as Everything Film Equipment ("EFE"), and the person or entity identified as the Renter on the Rental Order ("Renter"), and becomes effective when the Renter accepts an order as described in Section 2.
This Agreement is made between Everything Film Equipment Inc., doing business as Everything Film Equipment ("EFE"), and the person or entity identified as the Renter on the Rental Order ("Renter"). Where the Renter is a corporation, partnership or other entity, the individual who signs or accepts this Agreement represents that they are authorized to bind that entity and, in addition, personally guarantees the Renter's obligations under Section 21.
"Equipment" means the items listed on the Rental Order together with all cases, cables, batteries, media, mounts, caps, hoods, filters and other accessories supplied with them.
The Renter accepts this Agreement by selecting "I agree, submit order" at checkout. The Renter acknowledges having been given the opportunity to review, retain and print the complete Agreement before accepting it, and to correct any errors in the order before submitting it. A copy of the accepted Agreement and the Rental Order will be sent to the Renter by email at the time of acceptance.
The terms in effect at the time the Renter accepts an order govern that rental. EFE may change this Agreement for future rentals at any time by posting the updated version; changes do not apply retroactively to an accepted order. No variation of this Agreement is binding unless in writing and signed by an authorized representative of EFE.
EFE may accept or decline any order, in whole or in part, at its discretion, and may correct pricing or availability errors before an order is fulfilled. An order confirmation is not acceptance until EFE confirms the Equipment is reserved for the Rental Period.
EFE may consider the Renter's rental history, references and creditworthiness in deciding whether to accept an order, and may obtain information from third parties for that purpose. The Renter consents to that collection and use.
The Rental Period begins when the Equipment leaves EFE's facility or is delivered to the Renter or the Renter's carrier, whichever occurs first, and continues until the Equipment is physically received back at EFE's facility during business hours and checked in by EFE staff. Rental charges accrue for each day or part-day in the Rental Period at the applicable published rate.
Equipment returned outside business hours is deemed received on the next business day. Leaving Equipment at any location without an EFE check-in does not end the Rental Period or transfer risk.
Equipment not returned by the end of the Rental Period continues on rental, and the Renter will be charged additional rental at the applicable published daily rate for each additional day or part-day until the Equipment is received and checked in. These are rental charges, not a penalty.
If the Equipment has not been returned within 7 days after the end of the Rental Period and EFE has been unable to reach the Renter following at least two documented attempts by email and telephone, EFE may treat the Equipment as unlawfully retained, charge the Replacement Value under Section 10, and report the matter to police.
Where EFE delivers the Equipment, risk passes to the Renter on delivery to the address on the Rental Order, whether or not the Renter is present to receive it. Where the Equipment is shipped, the Renter bears all risk and cost from the moment the Equipment is consigned to a carrier, and EFE is not liable for loss, damage, delay or cost arising from carriage.
EFE may permit the Renter to return Equipment after hours to a designated, locked drop location. The Equipment is not returned, and the Rental Period does not end, until it is placed inside and secured within that location. Leaving Equipment outside, near, or unsecured at the drop location is not a return, and the Equipment remains on rental at the Renter's full risk until physically received and checked in by EFE staff. Where Equipment is properly placed inside and secured in a locked drop location, the Renter remains responsible for it until it is collected and checked in by EFE staff.
The Renter must inspect the Equipment on receipt and report any pre-existing damage, missing item or malfunction to EFE within 24 hours of taking possession. Absent such a report, the Equipment is deemed to have been received complete and in good working order, and any damage, shortage or malfunction identified on return is deemed to have occurred during the Rental Period.
The Renter must return the Equipment complete, clean, and in the same condition as received, reasonable wear excepted. EFE's acceptance of returned Equipment is not a waiver of any claim, and does not constitute acceptance of its condition. EFE will inspect returned Equipment and notify the Renter of any damage, shortage or cleaning requirement within 3 business days of check-in.
Where a defect could not reasonably have been discovered by EFE's standard return inspection, and is discovered before the Equipment is next rented out, EFE may still notify the Renter and pursue a claim under Section 10. In that case, the damage is not deemed to have occurred during the Renter's Rental Period; EFE must show it is more likely than not attributable to the Renter's use.
The Renter will use the Equipment carefully and only for its intended purpose, in compliance with all applicable laws and the manufacturer's instructions and warnings, and will protect it from weather, moisture, sand, salt and extremes of temperature.
The Renter will not: modify, alter, disassemble or attempt to repair the Equipment; remove or obscure any EFE identification, serial number or asset tag; sub-rent, lend, assign or part with possession of the Equipment to any third party; use or transport the Equipment outside British Columbia without EFE's prior written consent; or permit the Equipment to be used by anyone not competent to operate it.
The Renter will keep the Equipment under the supervision of a responsible adult at all times and will not leave it unattended in a vehicle or in any unsecured location.
The Renter assumes the entire risk of loss, theft, destruction of, and damage to the Equipment from any cause during the Rental Period, whether or not the Renter is at fault, except loss or damage caused by EFE's own negligence or wilful misconduct.
Where Equipment is damaged and can be restored to its pre-loss condition by repair, the Renter is liable for the cost of repair. Where Equipment is lost, stolen, destroyed, not returned, or damaged beyond economical repair, the Renter is liable for its Replacement Value, being EFE's cost to replace it with an equivalent item of like kind, quality and condition, plus applicable taxes, shipping and configuration costs.
In addition, the Renter is liable for loss of use at the applicable daily rental rate for each day the Equipment is unavailable for rental while awaiting assessment, repair or replacement, to a maximum of 14 days. Rental charges already paid are not credited against repair cost, Replacement Value or loss of use.
Where the Renter pays Replacement Value in full, EFE will, on request, deliver the damaged item to the Renter if it has not been disposed of. The Renter assigns to EFE any right of recovery the Renter has against a third party in respect of the loss.
Equipment returned requiring cleaning beyond ordinary wiping down will be cleaned at the Renter's cost: $40 for light cleaning (dust, light dirt, minor residue) and $100 for heavy cleaning (smoke, mud, sand, chalk, powder, water spotting). These amounts are EFE's reasonable estimate of the staff time and materials required to return the Equipment to rentable condition.
The Renter is liable for the replacement cost of any missing case, cable, battery, charger, cap, hood, filter, mount or other accessory supplied with the Equipment.
Where the total Replacement Value of the Equipment exceeds $6,000, the Renter must, before the Equipment leaves EFE's facility, provide a Certificate of Insurance evidencing: (a) all-risk property insurance (equipment floater or production package) covering the Equipment for its full Replacement Value for the entire Rental Period, including coverage for theft, theft by fraudulent scheme or trick, voluntary parting, mysterious disappearance, transit, and loss of use; and (b) commercial general liability insurance of not less than $2,000,000 per occurrence.
The property policy must name EFE as additional insured and loss payee as its interest may appear; both policies must be primary and non-contributory to any insurance EFE carries and must contain a waiver of subrogation in EFE's favour; and the Renter must give EFE 30 days' notice of cancellation or material change.
The Renter is responsible for any deductible or self-insured retention. Insurance does not limit the Renter's liability under Section 10: a loss that is uninsured, underinsured, excluded or denied remains the Renter's responsibility in full.
The Renter will indemnify, defend and hold harmless EFE and its directors, officers, employees and agents from and against all claims, demands, actions, losses, damages, fines, costs and expenses (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or in connection with the Renter's possession, use, storage or transport of the Equipment, or the Renter's breach of this Agreement, except to the extent caused by EFE's own negligence or wilful misconduct.
EFE warrants that the Equipment will be in proper working order when it leaves EFE's facility. The Renter's sole remedy for Equipment that fails during the Rental Period is, at EFE's option, replacement of the item where reasonably available, or a credit or refund of the rental charges attributable to the affected item for the period it was unusable.
EFE is not liable for any indirect, incidental, consequential or economic loss — including lost production time, crew or location costs, lost footage, lost profit or lost opportunity — arising from any failure, malfunction or unavailability of the Equipment. EFE's total liability under or in connection with this Agreement is limited to the rental charges paid by the Renter for the affected Equipment.
Nothing in this section limits any right or remedy the Renter has under the Business Practices and Consumer Protection Act or the Sale of Goods Act that cannot lawfully be limited or excluded.
Equipment may be used and may show cosmetic wear consistent with its age and prior use; it is described and offered on that basis.
The Equipment is and remains at all times the sole property of EFE. This Agreement is a bailment for the hire of goods; it is not a sale, a conditional sale, a lease intended as security, or the creation of a security interest. The Renter acquires no right, title or interest in the Equipment other than the right to possess and use it in accordance with this Agreement, and will not permit any lien, charge or encumbrance to attach to it.
EFE claims no interest in any images, video or audio the Renter creates using the Equipment.
The Renter will notify EFE immediately, and in any event within 24 hours, of any loss, theft, damage to, or seizure of the Equipment, and of any injury to any person or damage to any property arising from its use. In the case of theft or suspected theft, the Renter will file a police report immediately and provide EFE with the file number. The Renter will cooperate fully with EFE and any insurer in investigating and responding to a claim.
Rental charges and any deposit are payable in advance. The Renter authorizes EFE to charge the payment method on file for: rental charges; additional rental under Section 6; cleaning and missing accessory charges under Section 11; repair cost, Replacement Value and loss of use under Section 10; and any other amount payable under this Agreement.
Before charging any amount other than the quoted rental charges and deposit, EFE will give the Renter written notice by email itemizing the amount and the basis for it, and will allow 3 business days for the Renter to respond, except where the Equipment has not been returned.
Interest accrues on all overdue amounts at 1.5% per month, being 18% per annum, calculated and compounded monthly, from the date the amount became due until paid in full, both before and after judgment.
Where EFE takes a pre-authorization hold at check-out, the amount and duration of the hold will be disclosed to the Renter before it is placed, and any capture against the hold will follow the notice requirement above.
The Renter is in default if the Renter: fails to pay any amount when due and does not cure within 5 business days of written notice; fails to return the Equipment when due; breaches Section 9; allows required insurance to lapse; or provides false information in connection with the rental.
On default, all amounts owing become immediately due, and EFE may suspend or terminate the rental, refuse future rentals, require the return of the Equipment, charge the payment method on file in accordance with Section 17, and pursue any remedy available at law. EFE's remedies are cumulative. EFE's delay in exercising a remedy is not a waiver of it.
The Renter is liable for EFE's reasonable costs of recovering amounts owing, including collection agency fees and legal fees on a solicitor-and-own-client basis.
On default, the Renter will make the Equipment available to EFE for collection on request and will, on request, disclose its location. The Renter grants EFE a licence to enter any premises where the Equipment is located, with the consent of the occupant at the time of entry, to recover it. EFE may also recover the Equipment by any lawful process, including a court order enforced by a court bailiff.
Neither party is liable for delay or failure to perform (other than an obligation to pay money already due) caused by an event beyond its reasonable control, including fire, flood, wildfire, severe weather, earthquake, road closure, labour disruption, or government order. The Renter remains responsible for the Equipment during any such event and will take all reasonable steps to protect it and to return it as soon as it is safe to do so. Rental charges continue to accrue unless EFE agrees otherwise in writing.
Where the Renter is a corporation, partnership or other entity, the individual accepting this Agreement personally guarantees, as principal debtor and not merely as surety, the payment and performance of all the Renter's obligations under this Agreement.
EFE will not rent to a person under the age of 19 except where an adult of the age of majority enters into this Agreement as Renter or signs a guarantee and indemnity in the form above. That guarantee binds the guarantor even if this Agreement is unenforceable against the person under 19.
Where the Renter is a consumer and this rental is a consumer transaction under the Business Practices and Consumer Protection Act, nothing in this Agreement operates to limit, waive or exclude any right, benefit or protection that Act, the Sale of Goods Act, or any other applicable consumer protection legislation confers on the Renter, and any provision that would do so is read down to the extent necessary to comply. This does not affect the remainder of the Agreement.
EFE collects, uses and discloses personal information — including identification details, contact information, payment information and rental history — for the purposes of verifying identity, assessing rental risk, administering the rental, recovering Equipment and amounts owing, and meeting legal obligations. EFE retains identification records while the Renter has an active rental relationship, defined as having completed a rental within the preceding 24 months, refreshing the record only when the underlying identification document expires. Where a Renter has not rented from EFE for 24 consecutive months, EFE securely destroys the identification record. A Renter may request earlier deletion at any time.
EFE's Privacy Policy describes these practices in full and is available on EFE's website and on request. Privacy questions or complaints may be directed to EFE using the contact information on EFE's website or on the Renter's order.
This Agreement is governed by the laws of the Province of British Columbia and the laws of Canada applicable in it. The parties attorn to the exclusive jurisdiction of the courts and tribunals of British Columbia, without limiting EFE's right to bring proceedings where the Equipment or the Renter is located.
Notices must be in writing and are effective when sent by email to the address on the Rental Order. The Renter will keep that address current.
If any provision is found unenforceable, it is severed and the remainder continues in full force. This Agreement, the Rental Order and the schedules referenced in it are the entire agreement between the parties and supersede all prior discussions. This Agreement may be signed electronically and in counterparts.
This annex is a practical guide to handling the Equipment. It is informational only and does not restate, limit, or vary the Renter's obligations under Sections 9 through 14 of this Agreement.