Equipment Lease Agreement

Parties

Lessor: GuestAudioBook LLC

Lessee: The customer renting equipment from GuestAudioBook, identified as “Lessee” in this agreement.

Collectively, the above entities will be referred to as the “Parties.”

Agreement Overview

This Equipment Lease Agreement (“Lease”) is effective upon signature, electronic acknowledgment, or the purchase of services, between GuestAudioBook LLC (“Lessor”) and the customer (“Lessee”). By engaging with this agreement, Lessee agrees to all terms and conditions outlined below, even if they have not read them. Lessor reserves the right to modify these terms at any time, with updates effective immediately upon posting. By continuing to use Lessor’s services or equipment, Lessee agrees to such modifications.

Purpose

The purpose of this agreement is to outline the terms under which Lessor will provide services and lease equipment to Lessee. The physical items leased will hereinafter be referred to as “Equipment.”

Terms

  1. Services Provided: Lessor will provide equipment and services as detailed in the associated proposal, quote, or invoice.
  2. Lease Details: Lessor leases the Equipment to Lessee under the terms provided. Lessor reserves the right to decline leasing to any potential lessee at its discretion, including conducting background checks.
  3. Term of Lease: The Lease begins when the parcel carrier attempts the first delivery and ends 72 hours after the event date. Late returns may incur additional fees.
  4. Rent and Deposit: All rental payments must be made in full before Equipment is shipped.
  5. Use of Equipment: Lessee agrees to use the Equipment carefully and in compliance with applicable laws and guidelines.
  6. Representations and Warranties:
    • Lessor: Equipment will be free from known defects and provided in good condition.
    • Lessee: Equipment is leased as-is. Lessee assumes responsibility for any damages during the rental period.

Delivery, Use, and Return of Equipment

  1. Delivery: Lessor will deliver the Equipment to Lessee’s address at least 3 weeks before the event. Timelines are subject to delays beyond Lessor’s control.
  2. Return: Equipment must be properly packaged and returned via the specified shipping method. Lessee is responsible for retaining shipping receipts.
  3. Late or Damaged Returns: Late returns or damages will incur additional fees. Equipment is inspected upon return.

Cost, Fees, and Refunds

  1. Cost: Lessee agrees to pay the rental price.
  2. Refund Policy: Refunds may be issued under the “GuestAudioBook Performance Guarantee.”
  3. Default: Failure to return the rental or comply with terms may result in penalties, repossession, or legal action.

Ownership

  1. Ownership: Equipment remains the property of Lessor and must be returned in good condition.
  2. Ownership: Equipment remains the property of Lessor and must be returned in good condition.

Intellectual Property

  1. Copyright: Any recordings created will be owned by and controlled by the Lessee.
  2. Permitted Uses: Lessee may use recordings for personal purposes. Recording will be stored on our servers for 1 year

Impossibility / Force Majeure

Impossibility

Lessor will not be liable to Lessee for failure to perform any obligations otherwise required herein in the event of strikes, lockouts, calamities, acts of God, fire, flood, pandemic, and/or unavailability of supplies or other events over which Lessor has no control for so long as such event continues and for a reasonable period of time thereafter.

Limit of Liability

Indemnity

Lessee shall indemnify Lessor against any claims, actions, suits, costs, damages, and liabilities arising out of Lessee's use of the Equipment, including any damages caused by the use, operation, or return of the Equipment.

Maximum Damages

The maximum amount of damages Lessee may claim in relation to this Agreement shall not exceed the Total Cost of Services provided by Lessor.

Non-Working Equipment

Lessee shall notify Lessor within 48 hours of receiving non-working or damaged Equipment. Lessor will either replace the non-working Equipment or issue a refund, as per Lessee's option.

Loss and Damage

Lessee assumes the entire risk of loss or damage to the Equipment. Lessor may charge Lessee for repair costs or loss of use fees in the event of damage.

Repairs

Lessee agrees not to attempt repairs or alterations to the Equipment without Lessor’s consent.

Errors Using Equipment

Lessor will provide instructions on how to operate the Equipment. Lessee assumes all risks and agrees not to hold Lessor responsible for errors in Equipment usage.

Cancellation, Rescheduling, and No-Shows

Cancellation or Rescheduling

If Lessee cancels or reschedules the Services, or if the event is impossible due to Lessee's fault, Lessor is not obligated to refund any paid amounts.

General Provisions

Entire Agreement

This Agreement contains the entire understanding between the parties and supersedes any prior agreements.

Severability

If any part of this Agreement is found to be unenforceable, the remaining sections will remain in full force.

Amendment

Any changes to this Agreement must be made in writing by both parties.

Attorney's Fees

If legal action is required, the prevailing party will be entitled to reasonable attorney’s fees and costs.

Notice

Notices should be delivered via email to the parties as specified in this Agreement.

Governing Law

This Agreement is governed by the laws of the State of New jersey. Legal proceedings shall occur in the County of Union, New Jersey.