Terms and Conditions - Stage Monkey Design & Consulting

This document, along with the INVOICE, constitutes a contract between Stage Monkey Design and Consulting, and _____________________________.

TERMS

Names. Stage Monkey Design and Consulting (Lessor), and _______________________________ (Lessee/Renter) agree to the following rental.
Equipment Being Rented. Lessor agrees to rent to Lessee, and Lessee agrees to rent from Lessor the items as described above.
Duration of Rental Period. The rental period will begin on the rental “Start Date” and will commence on the rental “End Date” as described in the INVOICE.
Deposits. Lessee agrees to admit any deposits billed on the INVOICE upon completion of this agreement. Terms of deposits are defined as follows:
1. “Good Faith” Deposit. Lessee will pay a non-refundable “Good Faith” deposit. This amount will be applied toward the rental amount leaving a remaining balance due to be paid by or before delivery of the Equipment.
2. Security Deposit. In addition to the rent, Lessee will be required to admit a refundable security deposit. This deposit will hold The Equipment for the dates stated on the INVOICE and will be applied toward any rental amounts owed, or amounts owed for damage to or loss of the Equipment, which Lessor and Lessee agree has the current value stated in paragraph 8 of the terms. Lessor will return any unused portion of the deposit.
Delivery. While Lessor will be responsible for arrangement of delivery, Lessee will be responsible for all delivery charges as previously agreed upon prior to this contract.
Delivery costs, including postage, freight, tolls, and all other applicable charges as shown on the INVOICE are an estimate, and may be subject to increase. Lessee will be notified in advance if additional charges may apply.
Equipment will be delivered to Lessee on or before the rental “Start Date” to the “Ship To” address as indicated on the INVOICE.
Late Return. If Lessee returns equipment to Lessor after the date the rental period ends OR makes the Equipment unavailable for pick up by Lessor or the shipping entity on that date without prior notification, Lessee will be billed for additional days at the “Daily Rental” rate, for each day or partial day beyond the end of the rental period until the Equipment is released. Lessor can subtract these rental charges from the security deposit. Lessee will not be held accountable for transportation time beyond the end of the rental period, or time lost while Equipment is in possession of the shipping entity.
Cost of Replacement. Lessor and Lessee agree to the current cost to replace the Equipment.
Total Costs. Total payment (rental and delivery) is due before Lessor will release the equipment for delivery. See Paragraph 5 for terms applying to the Deposit. Payment can be made via Check or Money Order payable to Stage Monkey Design, by Credit/Debit Card, or through PayPal.

GENERAL CONDITIONS

RENTAL PERIOD. The rental period will begin on the rental “Start Date” and will commence on the rental “End Date” as described in the INVOICE. The Rental period generally does not include time consumed in transporting the equipment. Lessor will make all reasonable efforts to assure the equipment will arrive to the Lessee on or before the rental “Start Date“. Lessor will not be held responsible for delivery delays including but not limited to: carrier delay, incorrect shipping information, unavailability of a receiving party, damage or loss in transit, etc. Lessee is expected to return the equipment (or hand the equipment over to the specified carrier) no later than ONE business day following the rental “End Date“.
RENTAL CHARGES. Lessee shall pay for the entire Rental Period on each article of equipment named in the INVOICE, at the rate therein stipulated and in accordance with the following:
1. Weekly Rental Rates shall not be subject to any deductions on account of any non-working time in the week. The amount of rent payable for any fraction of a week at the beginning or end of the Rental Period shall be the weekly rental rate, prorated according to the number of calendar days in such fraction.
2. Daily Rental Rates shall not be subject to deductions for any non‐working time in the day and shall be paid for each calendar day in the month. Daily and weekly rental rates stipulated in the List of Equipment
PAYMENT. The rent for any and every item described in the INVOICE shall be the amount therein designated and is payable upon delivery of the Equipment. Lessee shall pay Lessor interest at ten percent (10%) on any delinquent payment from the date when such payment was due until paid and on any other sum of breach of this Agreement, from the date of the breach, and expenses of collection or suit, including actual attorney’s fees.
SECURITY DEPOSIT. Any security deposit paid by Lessee to Lessor is paid to guarantee Lessee’s full and faithful performance of all terms, conditions and provisions of this Agreement. If Lessee shall so perform, an equal sum shall be repaid without interest to Lessee at the termination of this Agreement.
PROGRAM CREDITS. All programs, publicity, and advertising in connection with use of this property, in all media (including print and electronic), shall carry a program note as follows:
“(LIST ITEM: Dragon Puppet / Pinocchio Nose / Milky White / etc.) provided by Stage Monkey Design and Consulting.”
FEES, ASSESSMENTS, AND TAXES PAID BY LESSEE. Lessee shall pay all license fees, assessments, and sales, use, property and excise, and other taxes or hereafter imposed, and relating to Lessee’s use or possession of the equipment.
RECALL NOTICE. Lessor may recall any or all equipment upon ten (10) days written notice to Lessee and the Lessee may return any or all equipment upon a like notice to the Lessor.
MAINTENANCE AND OPERATION Lessee shall not remove, alter, disfigure, or cover up any numbering, lettering, or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless, unusually or needlessly rough usage; and Lessee shall at his or her own expense maintain the equipment and its appurtenances in good repair and operative condition, and return it in such condition to Lessor, ordinary wear and tear resulting from proper use thereof along expected.
REPAIRS. The expense of all repairs made during the Rental Period, including labor, material, parts and other items shall be paid by Lessee.
OPERATORS. Unless otherwise mutually agreed in writing, Lessee shall supply all operators on the equipment during the Rental Period. All operators shall be competent. Should Lessor furnish any operators or other workmen for the equipment, they shall be employees of Lessee during the Rental Period, and Lessee shall pay them salary or wages and all other applicable costs. Lessee shall provide and pay for all workman’s compensation insurance and pay all payroll taxes required by law and applying to such operators and workman.
DISCLAIMER OF WARRANTIES. Equipment manufactured and provided by Stage Monkey Design and Consulting has been manufactured and tested to the highest quality and standards. This limited warranty offered by Stage Monkey Design and Consulting covers defects in materials or workmanship. Stage Monkey Design and Consulting will replace at no charge for parts only or, at its option, replace any product or part of the equipment that proves defective because of improper workmanship and/or material, under normal installation, use, service and maintenance. If Stage Monkey Design and Consulting is unable to provide a replacement, and repair is not practical or cannot be made in a timely fashion, Stage Monkey Design and Consulting may elect to refund all or a portion of the rental price. Our warranties do not cover any problem caused by:
1. Conditions, malfunctions or damage not resulting from defects in material or workmanship.
2. Conditions, malfunctions or damage resulting from (1) normal wear and tear, improper installation, improper maintenance, misuse, abuse, negligence, accident or alteration.
3. Accessories, connected materials and products, or related products not manufactured by Stage Monkey Design and Consulting.

Our limited warranties are void if equipment is returned with any alterations made by the lessee.

LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.

INDEMNITY. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from the equipment or the Lease, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. Lessee shall further indemnify Lessor, and hold Lessor harmless from all loss and damage to the equipment during the rental period. Lessee recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Lessee’s assumption of any and all liability for injury: disability and death of workmen and other persons caused by the operation, use, control, handling, or transportation of the equipment during the Rental Period.
RISK OF LOSS. Lessor shall not be responsible for loss or damage to property, material, or equipment belonging to Lessee, its agents, employees, suppliers, or anyone directly or indirectly employed by Lessee while said material property, or equipment is in Lessor’s care, custody, and control or under Lessor’s physical control. Lessee is encouraged to obtain appropriate equipment, material, or installation floater insurance against such risk of loss. Lessee and its insurers waive all rights of subrogation against Lessor for such losses.
INSPECTION: CONCLUSIVE PRESUMPTIONS. Lessee shall inspect the equipment within three (3) business days after receipt thereof. Unless Lessee within said period of time gives written notice to Lessor, specifying any defect in or other proper objection to the equipment. Lessee agrees that it shall be conclusively presumed, as between Lessor and Lessee, that Lessee has fully inspected and acknowledged that the equipment is in full compliance with the terms of this agreement, in good condition and repair, and that Lessee is satisfied with and has accepted the equipment in such good condition and repair. Lessor shall have the right at any time to enter the premises occupied by the equipment and shall be given free access thereto and afforded necessary facilities for the purpose of inspection.
INSURANCE. Lessee shall keep the equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof; and shall carry public liability and property damage insurance covering the equipment and its operation and handling for the amount of at least Five Hundred Thousand Dollars ($500,000.00) or other reasonable amount specified by Lessor. Lessee shall pay the premiums and any deductible portions therefor and deliver said policies, or duplicates thereof, to Lessor.
OWNERSHIP. Lessor shall at all times retain ownership and title of the equipment. Lessee shall give Lessor immediate notice in the event that any of said equipment is levied upon or is about to become liable or is threatened with seizure, and Lessee shall indemnify Lessor against all loss and damages caused by such action.
NO SUBLETTING ASSIGNMENT. No equipment shall be sublet by Lessee, nor shall he assign or transfer any interest in this Agreement without written consent of Lessor. Lessor may assign this Agreement without notice. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, successors, and assigns of the parties hereto.
REMEDIES CUMULATIVE: NO WAIVER; SEVERABILITY. All remedies of Lessor hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of the Lessor to exercise and no delay in exercising, any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise by Lessor of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. If any term or provision of this lease is found invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this lease.
EXPENSES. Lessee shall pay Lessor all costs and expenses, including attorneys’ fees, incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.
ENTIRE AGREEMENT. This instrument constitutes the entire agreement between Lessor and Lessee; and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto.
DEFAULT; REMEDIES. If (a) Lessee shall default in the payment of any rent or in making any other payment hereunder when due, or (b) Lessee shall default in the payment when due of any indebtedness of Lessee to Lessor arising independently of this lease, or (c) Lessee shall default in the performance of any other covenant herein and such default shall continue for five days after written notice hereof to Lessee by Lessor, or (d) Lessee becomes insolvent or makes an assignment for the benefit of creditors, or (e) Lessee applies for or consents to the appointment of a receiver, trustee, or liquidator of Lessee or of all or a substantial part of the assets of Lessee under the Bankruptcy Act, or any amendment thereto (including, without limitation, a petition for reorganization, arrangement, or extension) or under any other insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by applicable law. Lessor shall have the right to under any other insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by applicable law. Lessor shall have the right to exercise any one or more of the following remedies:
1. To declare the entire amount of rent hereunder immediately due and payable as to any or all items of the equipment, without notice or demand to Lessee.
2. To sue for and recover all rents, and other payments, then accrued or thereafter accruing, with respect to any or all items of the equipment.
3. To take possession of any or all items of the equipment without demand, notice, or legal process, wherever they may be located. Lessee hereby waives any and all damages occasioned by such taking of possession. Any said taking of possession shall not constitute a termination of this lease as to any or all items of equipment unless Lessor expressly so notifies Lessee in writing.
4. To terminate this lease as to any or all items of equipment.
5. To pursue any other remedy at law or in equality.

Notwithstanding any said repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of Lessee to be performed under this Lease. All such remedies are cumulative, and may be exercised concurrently or separately.