Equipment Hire Agreement

Please also read our Terms of Service. By Making a booking and paying for our services you automatically agree to our Terms & Conditions and to our Equipment Hire Agreement.

EQUIPMENT HIRE AGREEMENT

Parties:
Known as  "Lessor"
After The Beep.je operated by Jones Creative Limited Company.

and
Known as "Lessee”  
You (defined as customer/lessee on contract)

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This Equipment Hire Agreement refers collectively to all parties, including individuals and businesses. By signing or electronically signing the contract, or purchasing services, the Lessee agrees to be bound by these terms and conditions, and any modifications shall become effective immediately. The Lessor, After The Beep.je, operated by Jones Creative Limited, may modify these terms and conditions at any time. Both parties agree to the mutual covenants and promises set forth in this agreement.‍

Purpose of the Equipment Hire Agreement

Lessee desires to engage Lessor's services as outlined in this Equipment Hire Agreement for Lessee's specific event or purpose, and Lessor has agreed to provide such services and any relevant physical equipment referred to herein as "Equipment" in accordance with the terms and conditions set forth in this Agreement.‍

Terms

Services: The services provided by Lessor are as specified in the relevant proposal/quote/purchase order/invoice and are subject to these Terms and Conditions.

Lease: Lessor hereby leases the Equipment specified in the order preview on the respective invoice to Lessee, who leases such Equipment from Lessor. Lessor reserves the right to refuse or decline to lease Equipment to potential lessees at its sole discretion. Additionally, Lessor may obtain information from third parties regarding the potential lessee's past rental history and creditworthiness.

Term. The term of this Lease shall commence on the day of delivery, or in some cases, when the lessee picks up the hired items in person from our studio. The lease period begins from the day and hour the Equipment is delivered and expires 24 hours after the date and time of delivery. For instance, if the Equipment is delivered at 11 am, it must be ready for pick up the next day by 11 am. Lessor will ensure the Equipment is delivered to the Lessee prior to the event start date, typically one day before the event, unless otherwise discussed via email. The Equipment must be returned to the After The Beep studio or made available for pickup by one of the team members working for After The Beep.je before the last day of the rental period, unless prior arrangements were made between Lessee and Lessor. Lessor reserves the right to charge the Lessee additional fees for any extra time the Equipment was in transit or returned late. By making a booking and paying for our services, you automatically agree to our Terms & Conditions and Equipment Hire Agreement. You hereby give Lessor permission to contact you via email, telephone, or text message regarding information on or status of your rental.

Rent and Deposit. Lessee must pay all rent in full before the order is shipped or delivered, along with a deposit that will be returned upon safe return of the Equipment.

Use. Lessee shall use the Equipment in a careful, safe, and appropriate manner and shall comply with all national, state, municipal, and other laws and regulations relating to the possession, use, or maintenance of the Equipment, including any manufacturer’s recommendations, warnings, and instructions as to the safe use of the Equipment.

Representations, Warranties, and Agreements. Lessee acknowledges that they have selected the Equipment without relying upon any suggestion or recommendation of Lessor or its employees and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment being fit for any particular purpose.

Lessor represents and warrants that: (1) the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental; (2) Lessor is responsible for routine repair and maintenance of the Equipment prior to rental; (3) Lessor has the right to enter into the rental of the Equipment. Lessee agrees that: (a) except as set forth in Lessor’s representations and warranties above, the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose; (b) Lessor shall not be held responsible for any production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays; and (c) except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Lessee’s usage, possession, transportation, or failure to return the Equipment for any reason, including as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors. At all times, Lessor’s maximum liability in connection with the Equipment is limited to the rent paid to Lessor by Lessee.

Delivery of Services, Return of Equipment

Equipment Delivery: Lessor will ensure timely delivery of the Equipment as agreed upon with Lessee, barring any delays outside of Lessor's control. Lessee acknowledges that Lessor typically delivers Equipment on time and the delivery address will be as provided by Lessee, unless Lessee notifies Lessor of any changes well in advance.

Shipping: Lessor does not ship on federal holidays, and shipping details will be determined based on the location. Lessee understands that Lessor cannot guarantee the arrival date of the order, and any shipping or transit time estimates provided by Lessor are only approximate. To avoid any delays due to product unavailability or shipping, Lessee is encouraged to order Equipment in a timely manner. Lessee agrees to obtain and retain the shipping receipt for all return shipping until Lessor acknowledges receipt of the returned Equipment.

Age Restriction: Due to the high value of the Equipment, Lessor will not rent Equipment to persons under the age of 18. Lessee also agrees not to allow any person under the age of 18 to pick up or return the Equipment.

Surrender: The Lease shall expire 72 hours after the event date. Upon the expiration or earlier termination of this Lease, Lessee must return the Equipment to Lessor in good working condition, with the exception of ordinary wear and tear resulting from proper use. Lessee is responsible for proper packaging of the returned Equipment using the shipping and packaging materials provided by Lessor, if shipping is required. If the Equipment is being picked up by a team member, Lessee is responsible for safely packaging the Equipment. Lessor's acceptance of the Equipment upon return does not represent Lessor's determination of the condition of the returned Equipment. Lessor reserves the right to inspect the Equipment within a reasonable time after its return to determine whether any damage occurred during the period of Lessee's possession.

Used Equipment: Lessee acknowledges that the Equipment may be used gear and may have cosmetic flaws, but Lessor warrants that the Equipment will be in proper working condition when leased to Lessee. If the Equipment received by Lessee is not working properly, Lessee must notify Lessor as per the "Non-Working Equipment" section of this Agreement.

Typographical Errors: In case of any errors in pricing information received from Lessor's suppliers, Lessor reserves the right to refuse or cancel any orders placed for products listed at the incorrect rate. If Lessor cancels Lessee's order, Lessor will credit Lessee's account immediately for the incorrect amount paid.

Order Acceptance Policy: Receipt of an electronic or other form of order confirmation does not signify Lessor's acceptance of Lessee's order, nor does it confirm Lessor's offer to rent Equipment. Lessor reserves the right to accept or decline Lessee's order or to supply less than the quantity Lessee ordered for any reason.

Out-of-Stock Products and Multiple Product Orders: Lessor will ship Equipment to Lessee as soon as it becomes available. In case of Equipment being out-of-stock or unavailable, Lessee will be informed, and Lessee may cancel the order at any time before shipping. For multiple product orders, Lessor will make every effort to ship all products contained in the order at the same time. If Equipment is unavailable at the time of shipment, Lessee will be charged only for the Equipment contained in a given shipment, delivery, and any applicable shipping/delivery charges. Lessee will only be charged for shipping at the rate quoted on Lessee's purchase receipt, and the entirety of this shipping charge may be applied to the first Equipment shipped on an order requiring multiple shipments.

Cost, Fees, and Payment

The cost of the equipment or service is what was agreed upon in the proposal, quote, purchase order, or invoice. The first payment is non-refundable and compensates the Lessor for their commitment to providing the service. If the Lessee doesn't pay on time or breaks any other agreement, the Lessor can take legal action to fix the situation.

Default. If Lessee fails to pay any rent or other amount herein provided within ten (3) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept, or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:

a. To charge Lessee’s credit card on file for all amounts due (including any late fees) and owing.

b. To sue for and recover all rents, and other payments, then accrued or thereafter accruing.

c. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.

d. To terminate this Lease.

e. To pursue any other remedy at law or in equity.

Regardless of any action taken by the Lessor, the Lessee is responsible for fulfilling all obligations under this Lease. The Lessor can use all available remedies at the same time or one after the other.

IBankruptcy. If the Lessee files for bankruptcy, becomes insolvent, or assigns their property to creditors, or if the leased equipment is seized and not returned within ten days, or if a receiver is appointed to control the equipment, then the Lessor can choose to terminate the Lease without warning. The Lease will not be considered the Lessee's property after the Lessor terminates it.

Assignment. Neither this Lease nor any interest therein is assignable nor transferable by Lessee without Lessor’s advance written consent, which consent may be withheld in Lessor’s unfettered discretion.

Insurance and Deposit. Some orders may require that Lessee insure the Equipment for the duration of the Rental Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by Lessor until the Equipment has been returned to Lessor in good working order. Should Lessee choose to insure the Equipment, Lessee shall add After The Beep.je / Jones Creative Limited as Additional Insureds on Lessee’s insurance policy and provide Lessor with a Certificate of Insurance at the time of the order.

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Exclusivity & Ownership

Exclusivity. Lessee understands and agrees that Lessee has hired Lessor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Lessor hires to complete the Services outlined in this Equipment Lease Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Equipment Lease Agreement.

Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title, or interest therein or thereto except as expressly set forth in this Lease.

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Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Lessor in accordance with this Equipment Lease Agreement, Lessor owns all copyrights in any and all work(s) it creates or produces in accordance with the Copyright, Designs and Patents Act 1988, whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Equipment Lease Agreement, are expressly and solely owned by Lessor and may be used in the reasonable course of Lessor business.

Permitted Uses of Product(s). Lessor grants to Lessee a non-exclusive license of the product(s) produced with and for Lessee for personal use only so long as Lessee provides Lessor with attribution each time Lessee uses Lessor's property. Personal use includes, but is not limited to, use within the following contexts:

• In photos or videos on Lessee’s personal social media pages or profiles

• In any format used on Lessee's website .

This means that the Lessor allows the Lessee to use the product(s) produced by the Lessor, but only for personal use. The Lessee must give credit to the Lessor every time they use the product(s). Personal use can include posting photos or videos containing the product(s) on the Lessee's personal social media pages or profiles and using the product(s) on the Lessee's own website.

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Impossibility

Force Majeure. Lessor will not be liable to Lessee for failure to perform any obligations otherwise required herein in the event of strikes, lockouts, calamities, acts of God, fire, flood, pandemic, and/or unavailability of supplies or other events over which Lessor has no control for so long as the such event continues and for a reasonable period of time thereafter.

‍This means that if something unexpected happens that is out of the control of the Lessor, such as a natural disaster, pandemic, or other event that prevents them from fulfilling their obligations under the agreement, they will not be held responsible for it. They will be excused from performing their obligations for as long as the event continues and for a reasonable period of time thereafter. The Lessee cannot hold the Lessor responsible for any damages resulting from the Lessor's inability to perform due to such events.

Artistic Release

Style. Lessee has spent a satisfactory amount of time reviewing Lessor's work and has a reasonable expectation that Lessor will perform the Services in a similar manner and style unless otherwise specified in this Equipment Lease Agreement.

Consistency. Lessor will try to create the Services as per the style and manner they have worked on before and will consider Lessee's suggestions. But every client, event, and wedding is unique, and Lessor has its own vision and style. They will use their artistic judgment to provide the Services, and may not strictly adhere to Lessee's suggestions. Lessor's aesthetic judgment and artistic quality of the Services are final, and dissatisfaction with it is not a valid reason to terminate the lease or request any refunds.

Limit of Liability

Indemnity. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the selection, possession, use, operation, or return of the Equipment.

Maximum Damages. Lessee agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Equipment Lease Agreement or Services provided in this Equipment Lease Agreement are not to exceed the Total Cost of Services provided by Lessor.

Non‐Working Equipment. Lessee shall notify Lessor within 6 hours of receipt of Equipment of any malfunction and/or alleged damage of such Equipment. In the event Equipment is not functioning and/or damaged other than as a result of Lessee’s negligence or willful acts, Lessee must not attempt to repair or modify the equipment himself/herself. Lessee must return such non‐working Equipment to Lessor and Lessor will either replace the non‐working Equipment with a functioning equivalent (“Replacement Equipment”) or issue Lessee a credit or full refund of all rental charges paid by Lessee at Lessee’s option. The rental charges for all such non‐working Equipment so returned will commence upon Lessee’s receipt of the replacement Equipment. Once Lessor receives the notification of suspected damage of Equipment in transit, Lessor shall send such damaged Equipment to the manufacturer for inspection and repair. Lessee and Lessor hereby agree to be bound by the damage report provided by the such manufacturer as to the cause and liability of such damage.

Loss and Damage. Except as set forth in Lessor’s representations and warranties above, Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment (and any audio files generated from the Equipment) from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease. In the event of damage of any kind to the Equipment, Lessor may: (a) charge Lessee’s credit card for the full cost of repair; and (b) repair the Equipment using a vendor at Lessor’s sole discretion. In addition to repair or replacement fees, Lessor may charge Lessee’s credit card for a “Loss of Use Fee” in the event Lessee did not purchase a damage waiver at the time of the initial rental order. “Loss of Use Fee” is equal to the daily rental fees Lessor would have been entitled to receive for the Equipment had it not been damaged or lost. In the event the Equipment becomes damaged beyond repair, Lessee shall pay Lessor the full replacement value of the Equipment. Lessee must ensure that the Equipment, when returned to Lessor, is clean. Should the returned Equipment be deemed dirty in Lessor’s sole judgment, Lessor reserves the right to charge Lessee a “Cleaning Fee”.

Repairs. Lessee agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.

Errors Using Equipment. Lessor will aid Lessee in instructing how to operate Equipment through instructions delivered either physically, via email, or through photo or video format. Lessee agrees to release Lessor of any responsibility if there are errors in the use of Equipment and assumes all risk of operation of the Equipment and agrees to not hold Lessor responsible for any issues or errors to occur with the Equipment.

S‍imply put:

Simply Paragraph 1: Lessee promises to protect and not hold Lessor responsible for any claims, lawsuits, expenses, or damages that arise from the use of the equipment, including when the equipment is being chosen, used, or returned.

Paragraph 2: Lessee agrees that the maximum amount of damages they can get from any claim related to this agreement or services provided in this agreement is the total cost of the services provided by Lessor.

Paragraph 3: If the equipment is not working properly, Lessee must inform Lessor within six hours of receiving it. If the equipment is not working properly and it's not Lessee's fault, they should return it to Lessor. Lessor will replace the equipment or give Lessee a refund or credit for the rental charges they've paid. Lessee will be charged rental fees once they receive the replacement equipment. If the equipment is damaged in transit, Lessor will send it to the manufacturer for inspection and repair. Lessee and Lessor agree to be bound by the damage report provided by the manufacturer.

Paragraph 4: Lessee is responsible for any loss or damage to the equipment (and any audio files generated from it), except for what Lessor has promised in their representations and warranties. Lessee will be charged for any repairs or replacement fees if the equipment is damaged or lost. Lessee must ensure that the equipment is clean when returned to Lessor, or they may be charged a "Cleaning Fee."

Paragraph 5: Lessee agrees not to try to repair or change the equipment in any way.

Paragraph 6: Lessor will give Lessee instructions on how to use the equipment, but Lessee assumes all risk when using it and releases Lessor from any responsibility for any issues or errors that may arise from the use of the equipment.

Cancellation, Rescheduling, and No-Shows

If the Lessee wants to cancel or reschedule the Services or if they fail to show up or if it becomes impossible for the Lessor to provide the Services due to the fault of the Lessee, they must notify the Lessor as soon as possible. The Lessor has no obligation to try to book other Services to fill the void created by the Lessee's cancellation, rescheduling, or no-show. The Lessee will not get any refund for any money they have already paid towards the Total Cost. The Lessee is still responsible for paying for the cancelled or rescheduled Services, or if they fail to show up unless both parties agree otherwise in writing. However, if the Lessor can secure another client for the same event date, they may choose to forgive some or all of the Lessee's outstanding balance of the Total Cost, at their sole discretion.

Failure to Perform Services. In the event Lessor cannot or will not perform its obligations in any or all parts of this Equipment Lease Agreement, it (or a responsible party) will:

Immediately give Notice to Lessee via the Notice provisions detailed in this Equipment Lease Agreement; and

Attempt to find another competent professional to take its place with the mutual agreement of Lessee(s);

If another competent professional is not available or Lessee(s) do not agree to transfer of obligations to said alternate professional, Lessor will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

Excuse Lessee(s) of any further performance and/or payment obligations in this Equipment Hire Agreement.

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General Provisions

Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to the matters referred to herein, and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied, between the Parties to this Agreement.

Severability. If any portion of this Equipment Lease Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Equipment Lease Agreement remain in full force.

Additional Documents. If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited.

Amendment. The parties may amend this Equipment Lease Agreement only by the parties’ written consent via proper Notice.

Attorney’s Fees. In the event any party hereto brings a claim arising from or relating to this Agreement, or to enforce this Agreement, the “prevailing party” shall be entitled to recover all its reasonable attorneys’ fees and costs incurred as a result of such a claim as costs of suit or as damages.

Notice. Parties shall provide effective notice (“Notice”) to each other via email of delivery at the date and time which the Notice.

Simply put:

This agreement is the entire understanding between the parties and replaces any previous agreements.

• If any part of this agreement is illegal or unenforceable, the remaining parts still apply.

• The lessor can request additional documents from the lessee to protect their interest in the equipment.

• Any amendments to this agreement must be made in writing and with proper notice.

• The prevailing party in any claim arising from this agreement is entitled to recover their reasonable attorney's fees and costs.

• Parties must provide effective notice to each other via email or delivery.

CONTACT INFORMATION

If you have any inquiries or concerns regarding these Terms of Service, please do not hesitate to contact us at bookings@atthebeep.je.