ROBOT HEART CO - Rental Agreement
  • Rental Agreement

    Robot Heart Co. LLC - 4727 Townsend Ave, Los Angeles, CA 90041
  • Terms & Conditions

  • 1. Indemnity. Lessee/Renter (hereinafter designated as "You" or "Your") agrees to defend, indemnify, and hold Robot Heart, its parent, subsidiary and affiliated companies and their owners, officers, and employees (hereinafter designated as "Us" or "We" or "Our") harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses and compensation whatsoever including court costs and reasonable attorney fees ("Claims"), in any way arising from, or in connection with, the Vehicles and Equipment rented/leased (which vehicles and equipment, together, are referred to in this document as "Equipment"), including, without limitation, as a result of its use, maintenance, or possession, irrespective of the causeofthe Claim, except as the result of Our sole negligence or willful misconduct, from the time You take care, custody or control of the Equipment, untiltheEquipment is returned to Our care, custody and control.

    2. Loss of or Damage to Equipment. You are responsible for loss, damage or destruction of the Equipment, including but not limited to losses while in transit, while loading and unloading, while at any and all locations, while in storage, while on Your premises, and while being used by You in any manner whatsoever, except that You are not responsible for damage to or loss of the Equipment caused by Our sole negligence or willful misconduct. You are also responsible for actual and verifiable loss of use and You shall fully compensate Us for the loss of use of the Equipment during the time it is being repaired or replaced, as applicable.

    3. Protection of Others. You will take reasonable precautions in regard to the use of the Equipment to protect all persons and property from injury or damage. The Equipment shall be used only by Your employees or agents qualified to use the Equipment.

    4. Equipment in Working Order. We have tested the Equipment in accordance with reasonable industry standards and found it to be in working order immediately prior to the inception of this Agreement, and to the extent You have disclosed to Us all of the intended uses of the Equipment, it is fit for its intended purpose. Other than what is set forth herein, You acknowledge that the Equipment is rented/leased without warranty, or guarantee, except as required by law or otherwise specifically agreed upon in writing by the parties at the inception of this Agreement.

    5. Property Insurance. You shall, at Your own expense, maintain at all times during the term of this Agreement, all risk perils property insurance ("Property Insurance"), covering the Equipment from all sources (Equipment Rental Floater or Production Package Policy) including but not limited tocoverage of forlossuse of the Equipment, from the time the Equipment is picked up by You or a shipper at Our place of business or placed upon a common carrier for You, as applicable, until the Equipment is returned to and accepted by Us. Policies with locked vehicle warranties, unattended vehicle exclusions forwardingto otherlimitations on theft from vehicles are not acceptable. The Property Insurance shall be on a worldwide basis and name Us as the loss payee with any respect to the Equipment and shall cover all risks of loss of, or damage or destruction to, the Equipment. The Property Insurance coverage shall be sufficient tocoverthe Equipment at its replacement value but shall, in no event, be less than $1,000,000. The Property Insurance shall be primary and non-contributory coverage over Our insurance.

    6. Workers Compensation Insurance. You shall, at Your own expense, maintain worker's compensation insurance during the course of the Equipment rental as required by applicable law and employer's liability insurance during the course of the Equipment rental with minimum limits of $1,000,000.

    7. Liability Insurance. You shall, at your own expense, maintain commercial general liability insurance ("Liability Insurance"), including coverage for the operations of independent contractors and standard contractual liability coverage. The Liability Insurance shall name Us as an additional insured and provide thatsaidinsurance is primary and non-contributory coverage. Such insurance shall remain in effect during the course of this Agreement, and shall include, The without limitation, the following coverages: standard contractual liability, personal injury liability, completed operations, and product liability.Liability Insurance shall provide general liability aggregate limits of not less than $2,000,000 (including the coverage specified above) and not lessthan$1,000,000per

    8. Vehicle Insurance. You shall, at Your own expense, maintain business motor vehicle liability insurance ("Vehicle Insurance"), including coverage for loading and unloading Equipment and hired motor vehicle physical damage insurance, covering owned, non-owned, hired and rented vehicles, including utility vehiclessuchas trailers. Coverage for physical damage shall include "comprehensive" and "collision" coverage. We shall be named as an additional insured with respect to the liability coverage, and as a loss payee with respect to the physical damage coverage. The Vehicle Insurance shall also include coverage limits liability for pollution, if caused by accident, caused by any vehicles. The Vehicle Insurance shall provide not less than $1,000,000 in combinedsingle actualcashvalue for physical damage to standard vehicles and replacement cost value for trailers and other customized vehicle and shall provide that coverage, saidinsuranceisprimary coverage with respect to all insureds, the limits of which must be exhausted before any obligation arises under Our insurance.

    9. Insurance Generally. All insurance maintained by You pursuant to the foregoing provisions shall contain a waiver of subrogation rights in respect of any liability imposed by this Agreement on You as against Us. You shall hold Us harmless from, and shall bear the expense of, any applicable deductible amounts and self insured retentions provided for by any of the insurance policies required to be maintained under this Agreement. In the event of loss, You shall promptly pay amount of the deductible amount or self-insured retention or the applicable portion thereof to Us or the insurance carrier, as applicable. Notwithstanding the contrary contained in this Agreement, the fact that a loss may not be covered by insurance provided by You under this Agreement or, if covered, anythingto is subject to deductibles, retentions, conditions or limitations shall not affect Your liability for any loss. Should You fail to procure or pay the cost of maintaining in force the insurance specified herein, or to provide Us upon request with satisfactory evidence of the insurance, We may, but shall not be obliged to, procure the insurance and You shall reimburse Us on demand for its costs. Lapse or cancellation of the required insurance shall be deemed to be an immediate and automatic default of this agreement. The grant by You of a sublease of the Equipment rented/leased shall not affect Your obligation to procure insurance on Our behalf, or otherwise affect Your obligations under this Agreement.

  • 10. Cancellation of Insurance. You and Your insurance company shall provide Us with written notice prior to the effective date of any cancellation or material change to any insurance maintained by You pursuant to the foregoing provisions. If Your insurance is cancelled or sustains a material change that reducescoverage below Our requirements indicated in sections 5, 6, 7, 8 and 9 of this Agreement, You must return Our Equipment prior to the cancellation or material change.

    11. Certificates of Insurance. Before obtaining possession of the Equipment You shall provide to Us Certificates of Insurance confirming the coverages specified above. All certificates shall be signed by an authorized agent or representative of the insurance carrier.

    12. Drivers. Any and all drivers who drive the Vehicles You are renting/leasing from Us shall be duly licensed, trained and qualified to drive vehicles of this type. Although We may, from time to time, recommend certain qualified drivers with whom We are familiar, We do not supply drivers. You must supply and employ any driver who drives Our Vehicles and that driver shall be deemed to be Your employee for all purposes and shall be covered as an insured on all ofYour applicable insurance policies. For the avoidance of doubt, if a driver is paid by Us, the responsibility for the driver's actions shall rest entirely on You. You agree to defend, indemnify and hold Us harmless for the actions of the driver.

    13. Operators. Any and all Operators of the Equipment shall be duly experienced, trained and qualified to operate Equipment of this type. Although We fromtimeto time, recommend certain qualified Operators with whom We are familiar, We do not supply Operators. You must supply and employ any may, Operator who operates the Equipment and that Operator shall be deemed to be Your employee and acting under Your supervision or control for all purposes and shall be covered as an insured on all of Your applicable insurance policies.

    14. Compliance With Law and Regulations. You agree to comply with the laws of all states in which the Equipment is transported and/or used as well as all federal and local laws, regulations, and ordinances pertaining to the transportation and use of such Equipment. Without limiting the generality of the and by way of example, You shall at all times (i) display all necessary and proper placards; (ii) obtain all necessary permits; and (iii) keep all required foregoing logs and records. You shall indemnify and hold Us harmless from and against any and all fines, levies, penalties, taxes and seizures by any governmental authority in connection with or as a result of Your possession or use of the Equipment including, without limitation, the full replacement valueoftheEquipment in the event of seizure or impound, including Our reasonable costs and reasonable attorney fees.

    15. Valuation of Loss/Our Liability is Limited. Unless otherwise agreed in writing, You shall be responsible to Us for the replacement cost value without for deductiondepreciation or repair cost of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, You shall file a police report. Loss of use shall be calculated at the rental rate provided for in this Agreement. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment. In the event of loss for whichWeare responsible, Our liability will be limited to the contract price and We will, in no event, be liable for any consequential, special or incidental damages. In the event of loss for which You are responsible, You will, in no event, be liable to Us for any consequential, special or incidental damages, other than loss of use damages which may be owed by You to Us.

    16. Bailment. This agreement constitutes an Agreement or bailment of the Equipment and is not a sale or the creation of a security interest. You will not have,or at any time acquire, any right, title, or interest in the Equipment, except the right to possession and use as provided for in this Agreement. We will at all times be the sole owner of the Equipment.

    17. Condition of Equipment. You assume all obligation and liability with respect to the possession of Equipment, and for its use, condition and storage during the term of this Agreement except as otherwise set forth herein. You will, at Your own expense, maintain the Equipment in good mechanical condition andorder. The rent on any of the Equipment will not be prorated or abated while the Equipment is being serviced or repaired for any reason for which running You areliable. We will not be under any liability or obligation in any manner to provide service, maintenance, repairs, or parts for the Equipment, except as otherwise specially agreed by Us in writing. All installations, replacements, and substitutions of parts or accessories with respect to any of the Equipment will become part of the Equipment and will be owned by Us.

    18. Identity. We will have the right to place and maintain on the exterior or interior of each piece of property covered by this Agreement a logo or identifying mark confirming Our ownership of the Equipment.

    19. Expenses. You will be responsible for all expenses, including but not limited to fuel, lubricants, and all other charges in connection with the operation of the Equipment.

    20. Accident Reports. If any of the Equipment is damaged, lost stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a of resultitsuse, maintenance, or possession, You will promptly notify Us of the occurrence, and will file all necessary accident reports, including those required by law and those required applicable insurers. You, Your employees, and agents will cooperate fully with Us and all insurers providing insurance underthis Agreement in the investigation and defense of any claims. You will promptly deliver to Us any documents served or delivered to You, Your employees, or Your agents in connection with any claim or proceeding at law or in equity begun or threatened against You, Us, or both You and Us.

    21. Default. If You fail to pay any portion or installment of the total fees payable hereunder or You otherwise materially breach this Agreement, then such failure or breach shall constitute a default ("Default" Upon the occurrence of any such Default, and in addition to all other rights and remedies available at law or in equity, We shall have the right, at Our option, to terminate this Agreement and cease performance hereunder. You further agree that the continuation ofOur performance hereunder after a Default shall not constitute a waiver or operate as any form of estoppel with respect to Our later assertion of Our right to cease such performance at any time so long as such Default has not been cured.

  • 22. Return. Upon the expiration date of this Agreement with respect to any or all Equipment, You will return the property to Us, together with all accessories, free from all damage and in the same condition and appearance as when received by You.

    23. Additional Equipment. Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. additionalproperty will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Any Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

    24. Entire Agreement. This Agreement and any attached schedules, which are incorporated by reference and made an integral part of the Agreement, constitute the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this Agreement or in the attached schedules will be binding on any of the parties unless set forth in writing and signed by both parties.

    25. Applicable Law. This Agreement will be deemed to be executed and delivered in the city of Los Angeles, and governed by the laws of the state of California.

    26. Arbitration. Any controversy or claim arising out of or related to this Agreement or breach of this Agreement will be settled by binding arbitration, in Los Angeles, California_ under the auspices of the Judicial Arbitration and Mediation Service ("JAMS" The arbitration will be conducted by a single arbitrator under JAMS Streamlined Arbitration Rules. The decision and award of the arbitrator will be final and binding and any award may be entered in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief granted.

    27. Severability. If any provision of this Agreement or the application of any of its provisions to any party or circumstance is held invalid or unenforceable, the remainder of this Agreement, and the application of those provisions to the other parties or circumstances, will remain valid and in full force and effect.

    28. Rights in Recordings. All rights of every kind in and to all photographs, film and recordings made by Lessee shall be and remain vested in Lessee, its licensees, successors and assigns, including, without limitation, the right to use and reuse all such photographs, film and recordings ("Recordings") in all manner and media now known or hereafter devised, in perpetuity, throughout the universe, and in connection with advertisements, promotions, publicity, clips, etc., related to the photographs, film and recordings made by Lessee.

    29. Waiver of Injunctive Relief. Lessor's sole and exclusive remedy in connection with Lessee's breach, termination or cancellation of this agreement or any term hereof, shall be an action for damages. In no event shall Lessor be entitled to enjoin, restrain or otherwise impair in any manner Lessee's production, distribution, exhibition, exploitation, advertising, publicity or promotion of the Recordings.

    30. Facsimile/Scanned Signature. This Agreement may be executed in counterparts and by facsimile signature or signature that is scanned and transmitted by e-mail; such forms of signature shall be deemed to be original and fully binding.

    ACKNOWLEDGED AND AGREED BY AUTHORIZED REPRESENTATIVE:

  • Lessee (Renter) Signature:

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  • Lessor Robot Heart Co:

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  • Health and Safety Addendum

  • 31. Force Majeure. In no event shall We be responsible or liable for any failure or delay in the performance of Our obligations hereunder arising out ofor caused by, directly or indirectly, forces beyond our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, government orders, pandemics, and nuclear or natural catastrophes or acts of God; it being understood that We will use reasonable efforts which are consistent with accepted practices in the media production industry to resume performance as soon as practicable under the circumstances.

    32. Health Liability. Lessee hereby represents and warrants that Lessee or anyone who will be on set is not suffering any cold or flu symptoms, including but not limited to a fever or respiratory virus symptoms and has no knowledge of anyone on set being having tested positive for an infectious disease or been exposed to any individual who has been exposed to or infected by an infectious disease within the fourteen (14) days prior to the execution hereof. Lessee further acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Lessee and any one on set may be exposed to or infected by an infectious disease by attending the production and that such exposure or infection may result in illness, permanent disability, and death. Lessee understandsthattheriskof becoming exposed to or infected by an infectious disease at the production may result from the location at which the production takes place and/or the actions, omissions, or negligence of Lessee and others, including, but not limited to other participants of the production. Lessee assumes all of the foregoing risks and holds Us exempt from responsibility for any injury to anyone on set (including, but not limited to, disability, and death), illness, damage, loss, claim, liability, or of any kind, that any one on set may experience or incur in connection with Our participation in the production. Lessee releases, covenant not to sue, expense, discharge, and hold Us harmless, Our employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Lessee understands and agrees that this release includes any Claims based on the actions, omissions, or negligence by Us, Our employees, agents, and representatives, whether an infections diseases occurs before, during, or after participation in the production.

    33. On Set Safety. Lessee will follow all relevant government safety recommendations in order to help prevent the spread of infectious diseases. If unsafe conditions arise prior or during production, We have the right to halt work until safe conditions are implemented, without changes to the original agreed rental

    ACKNOWLEDGED AND AGREED BY AUTHORIZED REPRESENTATIVE:

  • Lessee (Renter) Signature:

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  • Lessor - Robot Heart Co. LLC:

  • Lessee/Renter Information

  • Trade Reference #1

    Must share at least one reference.
    • Additional Trade Reference 
    • Trade Reference #2

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  • Credit Card Authorization Info

    Credit card required as deposit for insurance deductible. If you would like to pay the rental invoice via credit card a 3.5% fee will be applied to the total rental amount.
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