Rental Agreement
Parties
(1) Wedding Cam Co (the "Company"); and
(2) The individual named on the Order Confirmation (the "Customer").
The Company and the Customer are each referred to individually as a "Party" and collectively as the "Parties".
Recitals
(A) The Company carries on the business of leasing camera equipment and providing associated editing services for wedding events.
(B) The Customer wishes to lease certain camera equipment from the Company for the purpose of recording the Customer's wedding, and the Company has agreed to provide such equipment on the terms and conditions set out in this Agreement.
Now it is agreed as follows:
1. Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following terms shall have the meanings set out below:
"Agreement" means this Equipment Lease Agreement, including any schedules, annexures, or attachments hereto.
"Booking Confirmation" means the written confirmation issued by the Company to the Customer setting out the Wedding Date, the Equipment, the Rental Fee, and any other relevant details of the lease.
"Equipment" means the camera kit leased to the Customer under this Agreement, comprising as standard a 4K video camera, a compatible memory card, a charger, and spare batteries, together with any optional add-on items selected by the Customer at the time of booking (such as a microphone or tripod), as specified in the Booking Confirmation.
"Editing Service" means the post-production editing service offered by the Company, whereby the Company produces an edited highlights reel or other video content from footage recorded by the Customer using the Equipment.
"Highlights Reel" means the edited video content produced by the Company pursuant to the Editing Service.
"Lease Period" means the period commencing on the date the Equipment is dispatched by the Company to the Customer and ending on the date the complete Equipment is received back at the Company's premises.
"Rental Fee" means the fee payable by the Customer for the lease of the Equipment, as set out in the Booking Confirmation.
"Replacement Value" means the full replacement cost of each item of Equipment, as set out in the Booking Confirmation.
"Wedding Date" means the date of the Customer's wedding, as specified in the Booking Confirmation.
2. Purpose
2.1. The Company agrees to lease the Equipment to the Customer, and the Customer agrees to lease the Equipment from the Company, for the sole purpose of recording the Customer's wedding on the Wedding Date, subject to the terms and conditions of this Agreement.
2.2. The Customer may familiarise themselves with the Equipment in advance of the Wedding Date; however, the Equipment is intended primarily for use on the Wedding Date itself.
3. Terms of the Lease
3.1. This Agreement shall commence on the date the Equipment is dispatched to the Customer and shall remain in force until the later of: (a) the date on which the complete Equipment is returned to and received by the Company; or (b) the date on which all outstanding sums due under this Agreement have been paid in full.
3.2. The lease of the Equipment is personal to the Customer. The Customer shall not assign, transfer, sub-lease, lend, or otherwise part with possession of the Equipment or any part thereof without the prior written consent of the Company.
4. Delivery of Equipment and Return
4.1. The Company shall dispatch the Equipment to the Customer in reasonable time so as to ensure delivery in advance of the Wedding Date. The Customer shall inspect the Equipment upon receipt and shall notify the Company immediately of any missing or damaged items.
4.2. The Customer shall return the complete Equipment, including all items specified in the Booking Confirmation, within three (3) days of the Wedding Date. The Equipment shall be returned using the pre-paid returns label provided by the Company. The Company strongly recommends that the Customer obtain and retain proof of postage.
4.3. In the event that the Company does not receive the complete Equipment within three (3) days of the Wedding Date, a late return fee of twenty-five pounds sterling (£25.00) per day shall be payable by the Customer for each day the return remains overdue. Such fee shall continue to accrue on a daily basis until the earlier of: (a) the date on which the Equipment is received by the Company; or (b) the date on which the aggregate late return fees equal the Replacement Value of the outstanding Equipment.
5. Cost, Fees, and Payment
5.1. The Rental Fee shall be as confirmed in the Booking Confirmation and shall be payable by the Customer in accordance with the payment terms specified therein. The Rental Fee includes the base kit hire charge and the cost of any optional add-on items selected by the Customer.
5.2. Any additional charges arising under this Agreement — including but not limited to late return fees pursuant to Clause 4.3 and charges for lost or damaged Equipment pursuant to Clause 10 — shall be invoiced separately by the Company and shall be payable by the Customer within fourteen (14) days of the date of invoice.
5.3. All sums payable under this Agreement are inclusive of VAT unless otherwise stated.
6. Exclusivity and Ownership
6.1. The Equipment is and shall at all times remain the sole and exclusive property of the Company. Nothing in this Agreement shall operate to transfer title in or ownership of the Equipment, or any part thereof, to the Customer.
6.2. The Customer shall use the Equipment solely for the Customer's personal, non-commercial use in connection with the recording of the Customer's wedding. The Customer shall not use the Equipment for any commercial purpose whatsoever.
6.3. The Customer shall not sell, pledge, mortgage, charge, or otherwise encumber the Equipment or any part thereof, nor permit any lien to arise over the Equipment.
7. Intellectual Property
7.1. All raw footage recorded by the Customer using the Equipment shall be the property of the Customer.
7.2. Where the Customer has engaged the Editing Service, the Highlights Reel and any other content produced by the Company pursuant to the Editing Service shall remain the intellectual property of the Company until such time as the Customer has made payment of all sums due under this Agreement in full. Upon receipt of full payment, the Company shall grant the Customer a non-exclusive, non-transferable, royalty-free licence to use the Highlights Reel and any such edited content for personal, non-commercial purposes only.
7.3. The Company retains all rights, title, and interest in and to any templates, music licences, editing techniques, proprietary methods, and branding used in the production of the Highlights Reel or any other edited content. Nothing in this Agreement shall be construed as transferring any such rights to the Customer.
8. Artistic Release
8.1. Where the Customer has engaged the Editing Service, the Customer acknowledges and agrees that the Company shall retain full creative licence over the editing of the footage. Without limitation, this includes the selection of music, the selection and sequencing of clips, pacing and transitions, colour grading, and the overall aesthetic and style of the Highlights Reel.
8.2. The Customer acknowledges that not all footage recorded on the Wedding Date will necessarily be included in the Highlights Reel. The Company's editors shall exercise their professional judgement to produce the best possible result from the available footage.
8.3. The Company may wish to use anonymised or selected footage and still images from the Customer's wedding for the Company's own marketing and promotional purposes, including but not limited to use on the Company's website, social media channels, and advertising materials. The Company shall request the Customer's written permission before using any such footage or images for marketing purposes. The Customer is under no obligation to grant such permission, and a refusal shall have no effect on any other aspect of this Agreement.
8.4. Where the Customer has granted permission pursuant to Clause 8.3, the Customer may withdraw such permission at any time by notifying the Company in writing (by email or letter). Upon receipt of such notification, the Company shall cease use of the Customer's footage for marketing purposes. Any footage already published at the time the Company receives the withdrawal notice shall be removed within a reasonable timeframe.
9. Delivery of Edited Content
9.1. The Company shall aim to deliver the Highlights Reel within three (3) weeks of the return of equipment. For the avoidance of doubt, this timeframe runs from the date the equipment is received by the Company and not from the wedding date.
9.2. The Customer acknowledges that during busy periods (including but not limited to peak wedding season), the delivery timeframe set out in Clause 9.1 may be extended. In such circumstances, the Company shall notify the Customer of the revised estimated delivery date as soon as reasonably practicable.
9.3. The timeframe set out in Clause 9.1 is an estimate only and shall not constitute a binding obligation. The Company shall use reasonable endeavours to deliver the Highlights Reel within the stated timeframe but shall not be liable for any delay.
10. Limit of Liability
10.1. The Customer shall take reasonable care of the Equipment at all times during the Lease Period. This includes, without limitation, keeping the Equipment safe, dry, and protected from foreseeable risks of damage, loss, or theft.
10.2. The Customer shall be liable for any loss of or damage to the Equipment occurring during the Lease Period, howsoever caused, up to the Replacement Value of the affected items as set out in the Booking Confirmation. Where any item of Equipment is returned in a condition that is damaged beyond fair wear and tear, or is not returned at all, the Company shall notify the Customer of the applicable charges and arrange payment in accordance with Clause 5.2.
10.3. The Company shall use reasonable endeavours to ensure that the Equipment is dispatched on time and in good working order. However, the Company shall not be liable for any indirect, consequential, special, or incidental loss or damage arising out of or in connection with the use of, or inability to use, the Equipment, including but not limited to loss of footage, loss of data, or the failure of any item of Equipment on the Wedding Date.
10.4. The total aggregate liability of the Company under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount of the Rental Fee paid by the Customer to the Company.
10.5. Nothing in this Agreement shall exclude or limit either Party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
11. Impossibility and Force Majeure
11.1. Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond the reasonable control of that Party, including but not limited to acts of God, severe weather, fire, flood, pandemic, industrial action, postal or courier delays, governmental restrictions, or failure of third-party services (each a "Force Majeure Event").
11.2. A Party affected by a Force Majeure Event shall promptly notify the other Party in writing and shall use reasonable endeavours to mitigate the effects of such event. If a Force Majeure Event continues for a period in excess of thirty (30) days, either Party may terminate this Agreement by giving written notice to the other Party, in which case the Company shall refund any portion of the Rental Fee attributable to services or equipment not provided.
12. Cancellation, Rescheduling, and No-Shows
12.1. The Customer may cancel the booking by notifying the Company in writing as soon as reasonably practicable. Refunds for cancellations shall be determined as follows:
(a) where the Customer provides written notice of cancellation 3 (3) months or more in advance of the Wedding Date, a full refund of the Rental Fee shall be payable;
(b) where the Customer provides written notice of cancellation two (2) months or more but less than 3 (3) months in advance of the Wedding Date, a refund of fifty per cent (50%) of the Rental Fee shall be payable; and
(c) where the Customer provides written notice of cancellation less than two (2) months in advance of the Wedding Date, no refund of the Rental Fee shall be payable.
12.2. In the event that the Wedding Date is changed, the Customer shall notify the Company as soon as reasonably practicable. The Company shall use reasonable endeavours to reschedule the dispatch of the Equipment to the revised Wedding Date, subject to availability. Any rescheduling shall be subject to the cancellation and refund terms set out in Clause 11.1.
12.3. If the Customer fails to collect or accept delivery of the Equipment and does not notify the Company in advance, this shall be treated as a no-show. In such circumstances, no refund of the Rental Fee shall be payable unless the Company, at its sole discretion, determines that exceptional circumstances apply.
13. General Provisions
13.1. Governing Law. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
13.2. Jurisdiction. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.
13.3. Entire Agreement. This Agreement constitutes the entire agreement between the Parties in relation to its subject matter and supersedes all prior discussions, negotiations, representations, warranties, commitments, and agreements, whether written or oral.
13.4. Variation. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of both Parties.
13.5. Severability. If any provision of this Agreement is found by any court or competent authority to be invalid, unlawful, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions of this Agreement.
13.6. Notices. Any notice given under this Agreement shall be in writing and shall be delivered by hand, sent by pre-paid first-class post, or sent by email to the address specified in the Booking Confirmation or such other address as a Party may notify to the other Party from time to time.
13.7. Waiver. A failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
13.8. Third Party Rights. This Agreement does not confer any rights on any person or party other than the Parties to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.