Responsibility for Property. Upon acceptance by Renter of the Property on a will-call basis, or upon delivery of the Property to Renter's destination, Renter agrees to inspect the Property within two (2) hours after acceptance or delivery.
Location. Renter shall not remove the Property from the "Ship To" site without the prior written consent of HARTMANN STUDIOS.
No Repairs Etc. Renter shall not make any alterations, additions, repairs or improvements to the Property.
Specifications. Renter has selected the Property according to its own specifications. HARTMANN STUDIOS MAKES NO WARRANTY THAT THE PROPERTY IS SUITABLE FOR RENTER'S PARTICULAR PURPOSE.
Security Deposit. HARTMANN STUDIOS shall have the right to use all or part of any security deposit given by Renter to remedy any default by Renter or to compensate HARTMANN STUDIOS for damage to the Property.
Costs of Labor. Estimates of labor costs are based upon information provided by Renter but are subject to change depending upon availability of labor, changes in staffing or event attendance or existence of labor contracts governing labor conditions, wages, etc.
No Damages, Assumption of Risk. Renter acknowledges there is a risk of losses, injuries or damages arising from or related to the use or transportation of the Property and assumes all risk of such losses, injuries or damages. Renter for itself and its Customers releases HARTMANN STUDIOS from any and all responsibility or liability for such losses, injuries or damages which Renter or its Customers may experience arising from or related to the failure, use, maintenance, storage or transport of the Property.
Losses. Renter shall keep the Property insured against all risks of loss or damage from every cause whatsoever for the replacement value and shall carry public liability and property damage insurance covering the Property. Replacement value is the actual replacement value and in the event the Property is destroyed or damaged, Renter agrees to pay all reasonable charges up to the replacement value plus reasonable handling fees.
Default. If Renter is unable to timely meet any of its obligations to HARTMANN STUDIOS under this or any other agreement, or if the Property is levied upon or seized, Renter shall immediately notify HARTMANN STUDIOS and HARTMANN STUDIOS may pursue whatever remedies it has under the law or in equity. Renter hereby authorizes HARTMANN STUDIOS to enter the premises upon which the Property is located to take possession and remove all of the Property from such site without court order or other process of law and to use what force is reasonably necessary to remove such Property. Renter hereby waives any and all claims or damages occasioned by such entry or removal. All amounts past due shall bear interest at the maximum rate permitted by law.
Title to Goods. The Property is the sole and exclusive property of HARTMANN STUDIOS and Renter has no right, title or interest therein, except as set forth in this Agreement. Renter will not alter ownership markings on the Property. Renter will keep the Property free from the claims of third parties.
Attorneys' Fees. If either party shall retain legal counsel or bring an action against the other for matters arising from or related to this Rental Agreement, the unsuccessful party shall pay to the prevailing party reasonable attorneys' fees and other costs incurred, in addition to any other relief to which it may be entitled. Renter agrees to pay all attorneys' fees and costs incurred by HARTMANN STUDIOS in enforcing its rights against third parties, regardless of whether litigation is commenced.
Governing Law, Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of California,
without regard to conflict-of-law principles, and Renter agrees
that all disputes shall be resolved in Martinez, California.