Terms of Service
THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by checking the “I agree with the terms and conditions” box and clicking the checkout button, by and between Createspace, (“Lessor”) and current user (“Lessee”). By checking the “I agree with the terms and conditions” box, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “I agree with the terms and conditions” button, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE,
Lessee will have the opportunity to see the equipment functionality demonstrated. Once shown and visually inspecting the equipment, the lessee shall have the option to:
- Accept possession (Lease) of the equipment in working condition
- Reject possession of the equipment
The term of this lease shall commence at the date the Lessee selects during the checkout. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be returned to Createspace by the end of business on the last day of the term of the lease.
Rent and a deposit, if applicable, must be paid in advance, in full.
- Late Returns
Late returns are penalized a maximum daily penalty equivalent to 25% of the 4 day rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.
- In the event the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment.
- If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
- Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
- Cancellation by Lessor
Lessor reserves the right to cancel any order, for any reason, at any time before the equipment is transferred to the lessee.
- Cancellation by Lessee
Lessee may cancel an order 12 hours before the lease start date, for any reason by notifying the Lessor of their wish to cancel the order.
The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.
- Damaged or Modified Equipment
Lessee shall keep the Equipment in good repair and condition.
Lessee shall not materially modify or alter the Equipment.
- Upon return of equipment it shall be immediately inspected and tested in a similar manner to when it was checked out.
- In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.
- In the event of damage, Lessor shall choose the repair method and venue, within reason, including replacement.
- If Lessor chooses an external venue for repair, or to replace the equipment, Lessee is responsible for the total cost of repair or replacement, if commercially reasonable.
- Lessee’s form of payment shall be charged the amount of repair or replacement expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
- At Lessor’s discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
- Mud or dirt
- Chalk or powder
- Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory
- Loss of Equipment
Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.
- Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
- Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
- If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
- Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
In the event of default, all amounts owed by Lessee to Lessor are immediately due.
- In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
- Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
- Missing Accessories
In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), Lessee is fully liable to Lessor for the replacement cost of the missing items.
Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.
- Taxes or Duties
The Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Equipment, renter agrees to reimburse Lessor in full for those charges.
The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor does not have or make any claim to images, video, or sound recordings made by the Lessee while using the Equipment.
- Severability and Governing Laws
This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of Tennessee. Lessor and Lessee agree that the United States District Court for the Western District of Tennessee, and/or Tennessee’s 30th Judicial District shall have exclusive jurisdiction over any dispute between the parties of this Lease.