RENTAL AGREEMENT

This Rental Agreement (hereinafter “Agreement”) is made and entered into by and between The Camera Exchange, Inc., a Texas corporation, with its principal place of business at 6635 San Pedro Ave, San Antonio, TX, hereinafter referred to as “Lessor,” and the individual or entity identified as the “Renter” on the attached invoice and equipment checklist, hereinafter referred to as “Renter.”

  1. RENTING & RESERVATIONS
    Any individual or company wishing to rent equipment from Lessor must have a valid driver’s license or government-issued ID and a major credit card, both of which must be presented at the time of pickup. All rentals are subject to availability and are processed on a first-come, first-served basis. Lessor cannot guarantee availability for short-notice or walk-in rentals. Reservations are highly recommended.
  2. EQUIPMENT & CONDITION
    The Renter acknowledges that they are familiar with the operation of the rented equipment and knowledgeable as to its proper use. The Renter has inspected all equipment and accessories listed on the attached Equipment Checklist (which is incorporated herein by reference) before accepting the rental. The Renter acknowledges receipt of the Equipment in good working order and condition, free from defects, and suitable for the Renter’s intended use, except as specifically noted on the Equipment Checklist. Any damages, malfunctions, or discrepancies that occur after the equipment leaves The Camera Exchange, Inc.’s premises are the sole responsibility of the Renter.
  3. BATTERIES
    For equipment requiring rechargeable batteries, Lessor will provide one (1) additional battery with the rental. Renter understands that rechargeable batteries may not be fully charged at the time of pickup and it is the Renter’s sole responsibility to charge batteries before use. While Lessor endeavors to provide charged batteries, it is not always feasible. Products that use AA or AAA batteries do not come with batteries.
  4. INSTRUCTIONS MANUAL
    Most instruction manuals for the rented equipment are available for download on Lessor’s website. Renter acknowledges responsibility for accessing and reviewing necessary manuals.
  5. LOST, STOLEN, OR DAMAGED EQUIPMENT
    Renter will immediately notify The Camera Exchange, Inc. if the equipment is lost, stolen, or damaged. The Renter assumes full responsibility for all rental equipment from the time of pickup until its return to Lessor. The Renter agrees to allow Lessor to charge the Renter’s credit card for the full cost of replacement equipment that is lost or stolen. This includes paying for all repairs up to the full replacement value of the equipment if it is damaged beyond repair, and paying full replacement value for stolen or lost equipment. “Full replacement value” means the current retail price of a new identical or comparable item, as determined solely by Lessor.
    The Renter and The Camera Exchange, Inc. agree to be bound, legally and otherwise, by the report of Lessor’s chosen repair venue as to the cause and extent of the damage to the equipment. If the charges for repair or replacement are denied by the Renter’s credit card, the Renter understands that the Renter’s account will be turned over to a collection agency, and Renter shall be responsible for all costs of collection, including attorney’s fees. The Renter may also be responsible for loss of use fees (lost rental income) incurred by Lessor due to the unavailability of the damaged, lost, or stolen equipment.
  6. USE OF EQUIPMENT
    Renter agrees to use the equipment safely, competently, and only in the manner for which it is intended. Use for any illegal purpose or in any illegal manner is strictly prohibited. Renter will indemnify, defend, and hold harmless The Camera Exchange, Inc. from and against any and all claims, demands, losses, costs, attorney’s fees, and liability whatsoever, including but not limited to property damage, personal injury, or death, arising out of the Renter’s possession, misuse, unsafe use, reckless use, unauthorized use, or equipment failure. The equipment will be used solely by the Renter and no other person without the express prior written consent of The Camera Exchange, Inc. Renter shall not make any alterations or modifications to the equipment.
  7. RETURN OF EQUIPMENT & LATE RETURNS
    The Renter will return the rented equipment and all attachments and parts belonging to The Camera Exchange, Inc. in the same condition as received, ordinary wear and tear excepted. If Renter returns the equipment to The Camera Exchange, Inc. after the scheduled return time and date, Renter agrees to allow Lessor to charge the Renter’s credit card for a late fee of one full rental day for every 24-hour period (or any portion thereof) beyond the end of the rental period until the equipment is returned. Total late charges will never exceed the retail price of the equipment. If the charges are denied by the Renter’s credit card, the Renter understands that the Renter’s account will be turned over to a collection agency, and Renter shall be responsible for all costs of collection, including attorney’s fees.
  8. DEPOSITS & PAYMENT
    A deposit up to the full amount of the equipment value may be required for select rentals, as determined by Lessor. All deposits must be made in person by the individual picking up the rental equipment. If Renter does not have an established account with The Camera Exchange, Inc., the deposit must be made with a credit or debit card with a sufficient limit to accept the full amount of the deposit. Cash is also an acceptable form of deposit. All rental fees are due in full at the time of pickup. By signing this Agreement, Renter authorizes Lessor to charge the provided credit card for all rental fees, late fees, cleaning fees, repair costs, and replacement costs as outlined in this Agreement.
  9. CANCELLATIONS
    Renter may cancel a reservation more than 24 hours before the scheduled pickup time with no fees or penalties. Cancelling less than 24 hours before the scheduled pickup time will result in a partial refund, as determined by Lessor.
  10. EXTENSIONS
    To request an extension, Renter must call The Camera Exchange Rental Department at 210-349-4400 prior to the scheduled rental return time. Extensions are subject to equipment availability and Lessor’s sole discretion. Extensions are not guaranteed, and new rental charges will apply from the original scheduled return time. If an extension is not approved and the rental is not returned on time, causing a loss of revenue or inconvenience to the next rental customer, Renter will be charged for the lost revenue in addition to standard late fees.
  11. REFUNDS
    All refunds will be issued by the same method paid (cash purchases over $50 will be paid by check). Some refunds may take up to ten (10) business days to process.
  12. OUT OF COUNTRY RENTALS
    Rental equipment must not be taken out of the Continental United States without prior written permission from an authorized official of The Camera Exchange, Inc. If equipment is permitted by Lessor for out-of-country use, Renter is solely responsible for all necessary registrations with US Foreign Customs and any other international regulations. No rental allowance will be made for time lost due to improper documentation, impounding, or delays of any kind by Customs or any other authority for any reason.
  13. RIGHT TO REFUSE SERVICE
    The Camera Exchange, Inc. reserves the right to refuse rental of its equipment to anyone it deems inexperienced or who does not meet the requirements set forth in this Agreement or Lessor’s general terms and conditions.
  14. TRY BEFORE YOU BUY
    Up to one day of rental charges can be applied to the purchase of the same equipment rented, within a one-week period from the rental return date. This offer is valid for in-store purchases only and is subject to the discretion of The Camera Exchange, Inc.
  15. PROTECTION PLAN
    Renter may elect, on certain eligible items, to pay an additional sum to The Camera Exchange for a limitation of liability for damaged equipment. When purchased, the Protection Plan limits Renter’s liability in the case of damage on covered equipment. Repair or replacement, if needed, is determined solely by The Camera Exchange, Inc.

    • Damaged equipment covered by the Protection Plan must be returned to The Camera Exchange at the expiration of the rental period.
    • On equipment covered by the optional Protection Plan, Renter’s maximum liability for damage is the lesser of 15% of the replacement cost of the equipment or the actual cost of repair.
    • The Protection Plan only limits liability for damage caused by the ordinary negligence of the Renter and does NOT cover any of the following types of damage:
      • Water damage
      • Camera sensor damage caused by exposure to the Sun, lasers
      • Intentional damage
      • Damage arising from reckless or grossly negligent use of the equipment
      • Damage caused by abnormal or abusive use of the equipment
      • Damage as determined by The Camera Exchange, Inc. to be outside the scope of ordinary negligence
      • This plan does NOT limit the liability of the Renter in regards to: Equipment not returned to the Lessor due to theft, loss, or any other casualty; Lost accessories; or any other claims not explicitly covered by this plan. This Protection Plan is not insurance and does not replace the Renter’s personal or commercial insurance. Renter is encouraged to consult with their own insurance provider for coverage.
  16. GOVERNING LAW & JURISDICTION
    This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Bexar County, Texas, and Renter hereby consents to the personal jurisdiction of such courts.
  17. SEVERABILITY
    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
  18. FORCE MAJEURE
    Neither party shall be liable for any delay or failure to perform its obligations hereunder due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, epidemics, pandemics, or shortages of transportation, facilities, fuel, energy, labor, or materials.
  19. ASSIGNMENT
    Renter may not assign or transfer this Agreement or any interest herein, or sublet any portion of the Equipment, without the express prior written consent of The Camera Exchange, Inc.
  20. ENTIRE AGREEMENT
    This is the entire Agreement between the parties. It binds and benefits the heirs, successors, and assignees of the parties; superseding and replacing any and all oral agreements between the parties, as well as any prior writings. This Agreement may only be modified in writing signed by both parties.