The articles referred to in the attached document are hired on the following conditions to which the Lessee agrees.
1. DEFINITIONS:
1.1 The “Lessor” is ODP Photographic, the company letting the Photographic Equipment on hire and includes successors in title or personal representatives.
1.2 The “Lessee” is the person taking the Lessor’s Photographic Equipment on hire and includes their successor or personal.
representatives.
1.3 “Photographic Equipment” covers all classes of photographic equipment including lenses, camera bodies, flash units,
tripods and all other related items the Lessor agree to hire to the lessee.
1.4 A “Day” shall be from 8:00 am the one day until 8:00 am the following day, with a grace period to return between 8:00- 12:00.
1.5 “Accessories” will include the following:
- Cameras - Memory cards, straps, charger & charger cable, batteries, battery door, rubber covers, eye piece & body cap.
- Lenses - Front & back caps, hoods, tripod collar, lens pouch/bag/case, protective covers Flashes - Diffuser, white card, flash foot, flash bag
- Lights - Light caps, triggers, umbrellas and stands, pouches & bags, charger & charger cable, batteries, power cables.
- Phottix VLED Light - battery adapters, light diffusers, light stack adapter, hot-shoe mount & Reducer adapter Other - Quick release plates, camera bags & nonslip rubbers on tripods.
2. THE LESSEE AGREES:
2.1 To keep the Photographic Equipment properly housed and sheltered and shall be responsible for any loss or damage to the equipment if not kept under these conditions.
2.2 To indemnify ODP Photography against all claims for damages to property or persons, while using the equipment.
2.3 To return the Photographic Equipment to ODP Photography in the same good condition as at the commencement of the hire.
2.4 To take the utmost care in the maintenance and upkeep of the equipment, and likewise the lessee undertakes to take utmost care in preventing damage or loss.
2.5 Not to sell, let, assign, mortgage, charge or in any way dispose of or deal with the Photographic Equipment or part thereof while under this agreement.
3. EXTENT OF CONTRACT
3.1 This agreement constitutes the whole agreement between the parties and no amendment or addition shall be valid unless it is reduced to writing and signed by both parties.
3.2 Duration of agreement; The terms of this agreement shall be in force for the whole period as stipulated on the invoice but failure from the Lessee to return the equipment timeously shall not render the terms hereof void for the period that the initial invoice is over-extended. The Lessee shall be invoiced on the same daily renting amount as the initial invoice in the event of the initial leasing period being over-extended.
4. USE OF PHOTOGRAPHIC EQUIPMENT
4.1 The Lessee shall be the sole person or entity allowed to use the equipment and is entirely responsible for the equipment. The Lessee shall not allow any other person or entity to use the Photographic Equipment whilst being hired.
4.2 The lessee shall not use the Photographic Equipment for any purpose other than that which it was exclusively manufactured for.
4.3 The Lessee acknowledges having examined the said Photographic Equipment prior to this agreement and is satisfied with the condition thereof. Furthermore, the Lessee acknowledges that no warranty on the Lessor’s part as to the state or quality or fitness for any purpose of the said Photographic Equipment has been given or shall be implied.
5. SUB-LETTING
The Lessee shall under no circumstances sublet or lend the Photographic Equipment and any party thereof to any part or person(s).
6. SERVICING AND INSPECTION
6.1 The Lessee shall at all reasonable times allow the Lessor, his agents or representatives to have access to the Photographic Equipment, to inspect, test, adjust or replace the equipment.
6.2 Except in the case of repairs undertaken by the Lessor or his representatives, the Lessee shall not repair or attempt to repair the Photographic Equipment unless specifically authorized by the Lessor. No allowance for the hire charges or for the cost of repairs will be made by the Lessor to the Lessee unless such repairs have been specifically authorized by the Lessor. The Lessor undertakes to deal with all necessary repairs as a priority.
7. GOVERNMENT REGULATIONS AND LAWS
The Lessee will be responsible for compliance with all regulations issued by the Government, Provincial Authorities or any other Authorities whilst using the Photographic Equipment. No unlawful use of the equipment is permitted.
8. USE OF EQUIPMENT OUTSIDE OF SOUTH AFRICAN BORDERS
8.1 Prior arrangements need to be made with the Lessor before the Photographic Equipment is intended to be used outside of the Republic of South Africa. The Lessor needs to give permission in writing for such intended use.
8.2 All the above conditions will be considered fully applicable irrespective of anything to the contrary stated in the order(s) accepted by the Lessor from the Lessee.
9. DAMAGE/LOSS
The lessee shall be responsible for 20% of the retail value of the item in case of theft or 20% of repair costs in case of damage to the item, unless the Lessee is in breach of clause 2.4 of this agreement, in which case he/she shall be liable for the replacement value of equipment in the case of theft or total loss.
Loss of accessories (#1.5) will be the responsibility of the lessee to replace in full at the retail value of the client when equipment is returned.
10. POPI
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT, NO. 4 OF 2013 (POPIA)
The purpose of the POPIA is to protect personal information of individuals and businesses and to give effect to their right of privacy as provided for in the Constitution. By signing this form, you consent to your personal information to be processed by ODP PHOTOGRAPHIC and consent is effective immediately and will remain effective until such consent is withdrawn.