Rental Agreement
The following is the agreement that is sent along with every Scope of Project (SoP). The Scope of Project document is what we send you for your approval and acknowledgement on price, equipment, and labor.
Simple Sound Rentals Rental Agreement Terms and Conditions
TERMS AND CONDITIONS AGREEMENT
This Terms and Conditions Agreement (“Agreement”) is entered into by and between Simple Sound Rentals (hereinafter referred to as the “Company”) and [Customer’s Name] (hereinafter referred to as the “Customer”). The Company and the Customer are collectively referred to as the “Parties”.
Section 1. Services
The Company agrees to provide audiovisual equipment and services (“Services”) as specified in this Scope of Project document. The Company reserves the right to subcontract any Services as it deems necessary.
1.1 Scope: The Company agrees to provide audiovisual equipment and services (“Services”) as specified in the Scope of Project document. The Company may subcontract any Services at its discretion.
1.2 Equipment Rental Responsibility: When renting equipment without hiring our technicians, the Customer must provide a knowledgeable AV technician to operate the equipment. We do not provide training for equipment usage, and any guidance offered is a courtesy, not a substitute for proper AV training. If no qualified individual from the Customer’s team is available to operate the equipment, the Company is not responsible for any resulting delays, malfunctions, or inability to use the equipment.
1.3 Third-Party Integration: In some productions, the Company relies on other vendors or partners. The Company is not liable for failures or delays caused by third-party services or equipment not under its control.
Section 2. Payment
2.1 Labor Deposit Requirement: For events that include labor provided by the Company, the Customer must pay a 50% deposit of the labor cost to secure the event date.
2.2 Rescheduling and Cancellation: If the Customer reschedules the event within one (1) year of the original date, the labor deposit will be applied to the rescheduled event. If the Customer cancels OR reschedules the event entirely within seven (7) days of the event, the 50% labor deposit is non-refundable.
2.3 DIY Rentals: Events with no labor cost (e.g., “DIY” equipment rentals) do not require a deposit.
2.4 Post-Event Invoicing: Once an event concludes, the Company will issue an invoice for the balance owed. If any equipment is found to be damaged or missing while in the Customer’s possession, the cost to repair or replace such equipment will be added to the invoice.
2.5 Payment Due Date: The invoice is due in full within twenty (20) calendar days after the conclusion of the event.
2.6 Late Payments: Late payments may be subject to additional fees and interest charges at the rate of [10]% per month (or the maximum allowed by law), as well as recovery of collection costs, including reasonable attorney fees.
Section 3. Equipment
3.1 Ownership: All equipment remains the property of the Company.
3.2 Responsibility for Equipment: The Customer is fully responsible for the equipment from the time of delivery until its return, including loss, theft, or damage, regardless of cause (excluding normal wear and tear or damage caused by Company staff). The Customer is not required to carry insurance but is encouraged to do so.
3.3 Care and Use: The Customer will:
- Use the equipment only for its intended purpose.
- Protect it from weather, excessive heat, moisture, and rough handling.
- Not alter, repair, or remove markings/serial numbers.
- Notify the Company immediately of any damage or malfunction.
3.4 Damage or Loss: The Customer will be charged the reasonable repair cost or replacement value if equipment is lost, stolen, or damaged. No third-party repairs may be made without written consent.
3.5 Ceasing Use if Damaged: If damage occurs, the Customer must immediately stop using the equipment to prevent further harm.
Section 4. Staff
4.1 Company Personnel: The Company will provide competent personnel as required.
4.2 Direction and Control: For events where Company personnel or subcontractors are engaged, they shall operate under the Company’s exclusive direction and control unless otherwise agreed in writing. For “DIY” rentals where no Company personnel are present, the Customer assumes full responsibility for the safe and proper operation of the equipment, and for supervising any individuals operating it. The Company is not responsible for any acts, omissions, or errors made by persons not employed or contracted by the Company.
4.3 Limitation of Liability: The Company is not liable for loss of profits, special damages, or consequential losses. For claims arising from equipment hire, the Company’s liability is limited to:
- Replacement with similar equipment, or
- Contract termination and a refund for the affected period.
4.4 Improper Use: The Company is not liable for injury or damage resulting from improper operation of equipment by the Customer or their representatives.
4.5 Force Majeure: The Company will not be liable or responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, pandemics, acts of government or regulatory authorities, labor disputes, strikes, supply chain interruptions, transportation delays, power outages, internet or communications failures, fire, flood, terrorism, civil unrest, or failures of third-party vendors, partners, or subcontractors.
If a Force Majeure event prevents the Company from performing its obligations, the Company’s duties will be suspended for the duration of the event, and the Company will be entitled to retain any amounts already paid, including non-refundable deposits, to cover costs incurred up to that point. The Company will use reasonable efforts to resume performance or assist in rescheduling the event, but will have no liability for resulting delays, cancellations, or damages.
Section 5. Liability
Simple Sound Rentals’ liability for any claims arising from this Agreement is subject to the following provisions:
5.1 Exceptional Liability: Nothing in this Agreement limits or excludes the Company’s liability for death or personal injury caused by the Company’s negligence or willful misconduct. For the avoidance of doubt, the Company shall not be liable for death or personal injury that is not directly caused by its negligence or willful misconduct.
5.2 Managed Events with Technicians: During managed events where Simple Sound Rentals supplies a technician(s):
5.2.1 Equipment Accountability: Simple Sound Rentals is not accountable for the condition or operation of equipment not owned or installed by Simple Sound Rentals.
5.2.2 Clear and Timely Instructions: Simple Sound Rentals is not responsible for required actions requested by the Customer if the instructions provided are unclear, inaccurate, or not provided in a reasonable time for preparation. The Customer must ensure the availability of necessary resources to complete such actions, unless otherwise agreed upon by Simple Sound Rentals.
5.3 Assumption of Risk: Except as expressly provided in this Agreement, the Customer assumes all responsibility for the safety of the event site and any activities conducted thereon, and releases the Company from liability for injuries or damages not directly caused by the Company’s negligence or willful misconduct.
Section 6. Indemnification
6.1 Covered Parties: For purposes of this Section, “Company” includes its owners, officers, employees, agents, subcontractors, and independent contractors engaged by the Company to perform the Services.
6.2 Assumption of Risk & Safety: The Customer acknowledges that events may involve inherent risks, including but not limited to hazards related to the venue, equipment setup, electrical connections, staging, and crowd activity. The Customer assumes all such risks not directly caused by the Company’s negligence or willful misconduct. The Customer is responsible for ensuring that the event venue and surrounding areas are safe for all participants, attendees, Company personnel, and contractors, and for complying with all applicable safety laws, codes, and regulations. The Customer agrees to indemnify and hold harmless the Company from and against any claims, damages, or liabilities arising out of unsafe conditions, except to the extent caused by the Company’s negligence or willful misconduct.
The Customer will indemnify and hold harmless the Company from claims, losses, or damages arising from:
- The Customer’s breach of this Agreement,
- The Customer’s negligence or misuse of equipment,
- Violations of law or third-party rights.
This indemnity does not apply to claims resulting from the Company’s negligence or willful misconduct.
6.3 Compliance with Laws and Ordinances: The Customer is solely responsible for ensuring that the event and all requested activities comply with all applicable laws, regulations, codes, permits, and ordinances, including but not limited to noise restrictions, building codes, fire codes, and occupancy limits.
The Company is not responsible for researching or obtaining such approvals unless expressly agreed in writing. If the Customer instructs the Company to take any action that results in a violation of such laws, codes, or ordinances, the Customer assumes all liability for any resulting fines, penalties, damages, or claims, and will indemnify and hold harmless the Company, its employees, and subcontractors against any such consequences, except where the violation is caused by the Company’s independent negligence or willful misconduct.
Section 7. Termination
Either Party may terminate this Agreement with written notice if the other Party materially breaches any terms of this Agreement and fails to cure such breach within thirty (30) days of receipt of notice.
Section 8. Governing Law
This Agreement will be governed by the laws of Ohio and or the United States, and any disputes will be subject to the exclusive jurisdiction of the courts of Ohio and or the United States.
Section 9. Entire Agreement
This Agreement contains the complete understanding between the Parties and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter.
Simple Sound Rentals 