This website is operated by Film Gear Club, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Film Gear Club, LLC. Film Gear Club, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, which include the terms and conditions of your lease of the equipment (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Every effort is made to assure descriptions and prices are correct. We reserve the right to correct errors or add information as needed. All prices and availability are subject to change without notice.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
When you rent or lease equipment from us you are entering into a rental or lease agreement with respect to all such equipment. The terms and conditions of this lease agreement (the “Lease”) are as follows in this Section 7, and by agreeing to a rental or lease of equipment, you are expressly agreeing to these terms and conditions with respect to the equipment chosen.
By these Terms we lease to you, and you lease from us, the equipment described on your order form (“Equipment”) shown above in the “Contents” area during your checkout on the site.
a. Shipping and Transport. You agree to pay both outgoing and return shipping charges at the time of the initial transaction. We do not guarantee a specific time or date for delivery by the shipping contractor (“Shipper”). Any shipping time given by us is only an estimate. Use by you of shipping methods other than those arranged for by us is a violation of these terms, and may result in the application of late fees.
b. Term of Lease. The term of this lease will commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be returned to the chosen Shipper by the end of business on the last day of the term of the lease. You agree to use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
c. Rent. Rent and a deposit, if applicable to your lease, must be paid in advance, in full. These charges will be indicated on your checkout page and you will be charged accordingly.
d. Late Returns. Late returns are penalized a maximum daily penalty equivalent to 25% of the 4-day rental rate for the Equipment. Any penalties will be charged to your form of payment on file with us. In the event the leased Equipment is not returned 7 days after the due date and we have been unable to collect the applicable penalties, the Equipment will be considered stolen and your form of payment will be charged the full replacement value of the Equipment. If we are unable to collect penalties or the replacement value of the equipment after 7 days, we will consider you in default and may pursue any and all civil and criminal remedies available to use in the case of unreturned or lost equipment.
e. Cancellation. We reserve the right to cancel any order, for any reason, at any time before delivery occurs, with or with any reason or basis. You as well may cancel an order at any time, for any reason until we have already transferred possession of the Equipment to the Shipper or you.
f. Ownership. The Equipment remains at all times our sole and exclusive property. By reason of your lease of the Equipment, you have and gain no rights or claims to ownership of the Equipment or possession or use of the Equipment beyond this Lease. We have no rights in and will make no claims to any images, video, or sound recordings made by you or your agents while using the Equipment.
g. Damaged or Modified Equipment. You must keep the Equipment in good repair and condition at all times. You assume and bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease. Unless pre-existing damage is reported to us within 24 hours after you take possession, it is assumed any damage occurring to the Equipment occurred during the term of the Lease and while in your possession and control. If there is a dispute between us as to whether damage occurred in possession of the Shipper, the Equipment shall be sent to an external repair facility. The opinion of the repair facility as to the cause of the damage will be binding on the parties. In the event of damage, we have the right to, and will, choose the repair method and venue. If we choose an external venue for repair, you will be responsible for the total cost of repair, if commercially reasonable, and any related shipment and parts. We may elect to repair the Equipment in-house and in this case you are be responsible for all of our reasonable expenses for parts and labor. After completion of the repairs, your form of payment shall be charged the full amount of repair expenses owed to Lessor, together with any applicable taxes. If your form of payment cannot be successfully charged within 24 hours, you will be in Default. At our discretion, an addition fee for cleaning may be charged if any of the following must be removed from the equipment upon return:
Mud or dirt
Chalk or powder
Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory
In the event there are made any material modifications to the Equipment while in your possession and control, you will be responsible for all reasonable costs incurred by us in restoring the Equipment to its normal condition.
h. Loss of Equipment. You assume and bear the entire risk of loss of the Equipment from any cause during the term of the Lease. In the event that the Equipment is reported lost or stolen by you during the term of the Lease, you will be liable to us for the replacement value of the Equipment. In such event, we will charge your form of payment the amount owed for replacement of the lost or stolen Equipment. If your form of payment cannot be successfully charged within 24 hours, you will be in Default. If the Equipment is not returned within 7 days of the return date, you will be liable for the replacement value of the Equipment. In case of a dispute as to the prompt return of the Equipment, if the tracking information for the return shipping label provided by us does not show that the Equipment has been picked up by Shipper, and you have no contradicting drop-off receipt, the Equipment will be considered unreturned. If you use an alternate shipping method not expressly agreed to in writing in advance, and the Equipment is subsequently lost in transit, the Equipment will be considered unreturned.
i. Default. In the event of Default, all amounts owed by you to us are immediately due and payable. In addition, in such event you will be responsible for all reasonable costs and expenses of Lessor in attempting to recover the amount owed, including court costs, collection fees and attorney’s fees. We reserve the right to pursue all available civil and criminal remedies, as applicable, against you, including but not limited to: recovering possession of the Equipment, charging your form of payment for any amounts owed, hiring outside debt collection firms, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
j. Lens Protection Plan. Lessee, may elect, on certain items, to pay an additional sum to Lessor for a limitation of liability for damaged equipment with respect to all lenses included as part of the Equipment (“Lens”). When purchased, the Lens plan limits your liability in the case of damage on covered equipment. Damaged equipment must be returned to us at the expiration of the rental period. On equipment covered by the optional Len plan, your maximum liability of damage is the lesser of 10% of the replacement cost of the equipment or the actual cost of repair and any related shipping fees. The Lens plan only limits liability for damage caused by your ordinary negligence and does not cover any of the following types of damage:
Camera sensor damage caused by exposure to the Sun;
Damage arising from reckless or grossly negligent use of the equipment;
Damage caused by abnormal or abusive use of the equipment;
The Lens plan does not limit your liability with regard to Equipment not returned to Lessor due to theft, loss, or any other casualty, or with respect to any lost accessories.
You may elect, on certain items, to pay an additional amounts for a further limitation of liability for unreturned Equipment. The expanded plan limits your liability in the case of damage or loss on covered Equipment. On Equipment covered by the optional expanded limits plan, Lessee’s maximum liability of damage is the lesser of 10% of the replacement cost of the equipment. Liability for unreturned equipment is only limited when it is impossible for the Lessee to return the equipment to Lessor due to one of the following conditions:
Flood, including dropped into a body of water;
Dropped from or fell off aircraft.
Lessee must provide any documentation required by Lessor to substantiate the circumstances causing the Lessee’s inability to return the equipment to Lessor.
k. Missing Accessories. In the event of any missing accessories (caps, hoods, tripod rings, bags, etc.), you will be fully liable to is for the replacement cost of the missing items.
l. Liability. We do not assume under any circumstances, and your hereby indemnify us and hold us harmless against, any liability or claims resulting from the quality of the use, any malfunction during use, or poor quality results from the use. of the equipment.
m. Shipping Delays; Malfunctioning Equipment. In the case of a shipping delay (with our selected Shipper) or malfunctioning of the Equipment, our sole liability to you will be to credit you for the portion of Rent applicable to the time period that the Equipment was nonfunctioning or delayed in transit. Under no circumstances will be responsible or liable for any consequential or incidental damages, lost profits, or similar resulting from malfunctions or shipping delays.
n. Taxes or Duties. You agree to keep the Equipment free of any taxes, duties, liens, or other encumbrances arising from your use of the Equipment or its lease. In the event any such taxes, duties, liens, or other encumbrances are levied against the Equipment, you agree to be solely responsible for the same and to assume the payment or release of the same or to reimburse us in full for those charges.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Film Gear Club, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Film Gear Club, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 7080 Hollywood Blvd. , Los Angeles , CA, 90028, United States.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.