IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Niagara Artists Centre (“NAC”) rents the Tool(s) to the Renter, and the Renter rents the Equipment from the NAC on the following terms:
The NAC agrees to rent the equipment to the renter and the renter agrees to rent the equipment from the NAC in accordance with the terms set out in this Agreement.
The renter will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law, whether municipal, provincial or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
NAC cannot assume responsibility or liability or make any representation for the performance of its equipment. The renter discharges the NAC of all damages resulting from performance or malfunctioning of said equipment, whether or not there is a fault or negligence on the part of the NAC.
The renter assumes full responsibility for all rental equipment.
The NAC carries no third party property liability insurance or third party injury liability for its members.
Membership Requirements and Competency
All production equipment and suites are available to members in good standing.
The person operating any specific piece of equipment must prove competency on that equipment to the satisfaction of the designated NAC staff.
All bookings are strictly on a first come, first served basis, and must be made through the Niagara Tool Library website or in unique cases, a NAC staff member. The NAC does not guarantee that all items will be available upon booking through the website. Necessary refunds will be made as soon as it is feasible.
Deposit
Renters are required to leave a credit card when renting items of great value. NAC will release the item once the equipment has been returned in its original working order.
Liability
It is the responsibility of the renter to ensure that all equipment is in good working order before removing it from the NAC’s premises. That member is fully responsible for returning the equipment in that same good working order. This responsibility precludes normal wear and tear. During business hours, authorized staff will be available to check gear with members.
Members renting equipment will be fully responsible for loss, theft or damage: (a) This responsibility will include, but not be limited to, any deductibles plus 10% of the replacement cost of the equipment, to a maximum of $1,000.00. This levy is intended to cover any increase in the cost of the NAC’s insurance coverage as a result of said theft, loss or damage.
In the event that any rented equipment should become unsafe or fail to operate, the member shall discontinue its use immediately and inform NAC staff upon its return. The member will not be charged for non-functional equipment. The NAC will not be held liable for any losses incurred by the member as a result of non-functional equipment.
Restrictions
No repairs or modifications of any kind may be performed on any NAC equipment without the prior knowledge and consent of authorized NAC staff.
Equipment may not be removed from the Province of Ontario for any period of time without the prior written approval of authorized NAC staff.
NAC equipment shall not be loaned or subleased to any person, production or organization, and the equipment shall remain under the immediate control, supervision and care of the renter.
Accounts and Payment
Invoices for equipment or space rentals will be issued at the time of rental and must be paid immediately. Any member whose account is outstanding for more than 60 days will lose equipment privileges until the account is settled or payment arrangements are made to the approval of authorized staff.
No ongoing debt may exceed $300.00 without the prior written approval of authorized NAC staff or the organization’s Board of Directors. Members with debts exceeding $300 are not allowed to rent out equipment or use facilities unless written permission has been issued by the organization.
Acknowledgement of Assistance
The use of NAC equipment or facilities is a form of assistance that our organization provides for makers in the Niagara Region, and as such the NAC must be acknowledged in the credits of any film or video production receiving such assistance.
NOTICE TO THE RENTER: This is a rental. You are not buying the Equipment. Do not approve this Agreement before you read it. You are entitled to a completed copy of this Agreement when you approve it.