Name: RentMicKits
Price range: $$

DRAFT — Review with qualified counsel before use. Not legal advice.

This Equipment Rental Agreement (the “Agreement”) is a legally binding contract between RentMicKits, LLC (“Provider,” “we,” “us,” or “our”) and the person or entity identified as the customer on the order confirmation (“Customer,” “you,” or “your”). By clicking “I agree” at checkout, by signing electronically, or by taking possession of the rented equipment, you agree to be bound by this Agreement.

1. Parties and Acceptance

1.1. Provider. RentMicKits, LLC is a limited liability company organized under the laws of [State TBD by counsel], with principal place of business at [Address TBD] and an operating website at rentmickits.com.

1.2. Customer. The Customer is the individual or organization identified at checkout. If you are entering into this Agreement on behalf of an organization, you represent that you are at least eighteen (18) years old and are authorized to bind that organization.

1.3. Electronic Acceptance. By clicking “I agree,” typing your name as an electronic signature, or otherwise confirming your order at checkout, you acknowledge that you have read, understood, and agreed to this Agreement in its entirety. Electronic acceptance has the same force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state equivalents.

2. Rental Period

2.1. Rental Start Date. The rental period begins on the date the equipment is delivered to the shipping address you provided at checkout, as recorded by the carrier’s delivery scan.

2.2. Rental End Date. The rental period ends on the return date shown on your order confirmation (the “Return Date”). You must tender the equipment to the carrier using the included prepaid return label on or before the Return Date.

2.3. No Grace Period. Unless expressly stated on your order confirmation, there is no grace period. Equipment tendered to the carrier after the Return Date is considered late and subject to late fees under Section 11.

2.4. Extensions. Extensions of the rental period must be requested in writing at least twenty-four (24) hours before the Return Date and are subject to availability and additional fees. Contact support@rentmickits.com.

3. Equipment Description

3.1. Products. The equipment you are renting is the MicKit product identified on your order confirmation (e.g., MicKit 1, MicKit 2, MicKit Pro 4, MicKit Perform 8, or MicKit Perform 16). The exact serial numbers, contents, accessories, and configurations included in your specific kit are listed on the order confirmation and on the packing slip enclosed with the kit (together, the “Equipment”).

3.2. Ownership. The Equipment is and at all times remains the property of Provider. This Agreement creates a rental (bailment) only and confers no ownership rights to Customer.

3.3. Condition at Delivery. The Equipment is inspected and tested before every shipment. If you believe an item is missing, damaged, or non-functional upon arrival, you must notify us within twenty-four (24) hours of delivery at support@rentmickits.com with photos so we can document the condition and arrange a replacement if necessary.

4. Fees and Payment

4.1. Charges. You agree to pay the following at checkout:

(a) the base weekly rental rate for the selected MicKit product;
(b) a mandatory damage waiver equal to eight percent (8%) of the rental subtotal (see Section 7);
(c) shipping charges (round-trip, see the Shipping Policy); and
(d) any applicable sales, use, or rental taxes.

4.2. Payment Method. All payments are processed through Stripe. You authorize Provider to charge the payment method you provide at checkout for all amounts due under this Agreement, including any subsequent charges for late fees, unreturned equipment, excluded damage, or other permitted charges.

4.3. Identity Verification. Provider may require identity verification through Stripe Identity for some orders. Rentals cannot be fulfilled until verification is complete.

4.4. Security Deposit. A security deposit is waived if you provide a valid Certificate of Insurance (COI) naming RentMicKits, LLC as additional insured for the rental period in an amount no less than the full replacement value of the Equipment. Otherwise, Provider may place a credit card authorization hold equal to fifty percent (50%) of the Equipment’s replacement value for the duration of the rental. The hold is released after the Equipment is returned and inspected, typically within five (5) business days.

5. Responsibility for the Equipment

5.1. Care and Custody. From the moment the Equipment is delivered to you until the moment it is tendered to the return carrier, you are solely responsible for the care, custody, and control of the Equipment.

5.2. Indoor Storage. You must store the Equipment indoors when not in use and protect it from weather, liquids, extreme temperatures, theft, and unauthorized access.

5.3. No Transfer or Sublease. You may not sell, sublease, loan, pledge, assign, transfer, or otherwise part with possession of the Equipment without the prior written consent of Provider. The Equipment may be used only by you and by individuals you supervise at the venue identified at checkout.

5.4. Operator Competence. You represent that the individuals operating the Equipment are competent to do so and will read the quick-start card included with the kit.

6. Prohibited Uses

You agree that you will not, and will not permit any other person to:

6.1. resell, rent, sublease, or otherwise commercially redistribute the Equipment;

6.2. reverse-engineer, decompile, disassemble, or attempt to derive the source code, firmware, or circuit designs of any component;

6.3. remove, deface, or alter any label, serial plate, warning sticker, or RF compliance marking;

6.4. tamper with, modify, re-flash, or “jailbreak” the firmware of any wireless transmitter or receiver;

6.5. operate the Equipment outside the United States, or on frequencies not authorized by the FCC for use in the G57 band or as otherwise indicated in the kit documentation;

6.6. use the Equipment in connection with any unlawful activity, any event that violates applicable law or public safety requirements, or any event where such use would infringe the rights of others; or

6.7. use the Equipment in environments where it is exposed to rain, direct immersion, or conditions exceeding any IP (ingress protection) rating indicated on the component.

7. Damage Waiver

7.1. Mandatory Waiver. The damage waiver is a mandatory fee equal to eight percent (8%) of the rental subtotal and is not insurance. It is a contractual limitation that reduces, but does not entirely eliminate, your liability for certain damage.

7.2. What the Waiver Covers. Subject to the exclusions below and to Section 7.4, the damage waiver covers:

(a) normal wear and tear;
(b) accidental drops and bumps;
(c) minor scratches and cosmetic scuffs on equipment bodies (not labels);
(d) frayed or pinched cables resulting from accidental incidents; and
(e) minor foam impressions in the case.

7.3. What the Waiver Does Not Cover. The damage waiver does NOT cover, and you remain fully liable for:

(a) loss or theft of any component;
(b) willful destruction, abuse, or gross negligence;
(c) fire damage;
(d) water submersion, immersion, or liquid damage beyond any component’s IP rating;
(e) chewed, gnawed, or pet-damaged cables or components;
(f) missing items upon return, including cables, clips, antennas, batteries not included, paperwork, quick-start cards, or foam inserts;
(g) cosmetic damage to labels, serial plates, or printed markings;
(h) batteries consumed during the rental (these are treated as consumables and are not damage);
(i) damage caused by use in prohibited environments or for prohibited purposes (Section 6); and
(j) Equipment not returned within thirty (30) days of the Return Date (see Section 12).

7.4. First-Loss Threshold. For covered incidents, Customer remains responsible for the first five hundred dollars ($500) of repair or replacement cost per incident. The damage waiver then covers additional repair or replacement cost up to the published replacement value of the affected item.

7.5. Reporting. To benefit from the damage waiver, you must report any damage to support@rentmickits.com within twenty-four (24) hours of discovery and provide photos on request.

8. Replacement Cost Schedule

8.1. Published Schedule. Replacement values for each MicKit product and for individual components are published at rentmickits.com/replacement-values and are incorporated into this Agreement by reference. Replacement values reflect current market cost for new or equivalent items, plus a reasonable administrative charge.

8.2. Charges. For any item that is lost, stolen, not returned, or damaged beyond the scope of the damage waiver, Provider may charge the payment method on file for the applicable replacement value.

9. Return Shipping

9.1. Prepaid Return Label. A prepaid, insured return shipping label is included inside the case in a weatherproof sleeve. You must use this label; do not use your own label or account.

9.2. Drop-Off. You must drop the kit at any staffed UPS or FedEx location (as indicated on the label) on or before the Return Date. No pickup appointment is required unless you have arranged one in writing with support.

9.3. Packaging. You must return the Equipment in its original case with all original components (transmitters, receivers, antennas, cables, clips, paperwork, foam inserts, and accessories) placed in their original foam cutouts. Do not use alternative packaging.

9.4. Proof of Drop-Off. You are responsible for obtaining a drop-off receipt from the carrier. Keep this receipt until the kit has been marked “returned” in your account.

10. Shipping Damage and Loss in Transit

If the Equipment is damaged or lost during outbound or return transit while inside the Provider-supplied packaging, Provider will rely on carrier insurance and will not hold Customer liable, provided that (a) Customer used the Provider-supplied label and packaging, and (b) Customer cooperates with any carrier claim investigation.

11. Late Fees

11.1. Daily Late Fee. If Equipment is not tendered to the carrier by the Return Date, you agree to pay a late fee equal to ten percent (10%) of the base weekly rental rate per calendar day of lateness.

11.2. Cap. Late fees under Section 11.1 are capped at one hundred percent (100%) of the Equipment’s published replacement value.

11.3. Not a Waiver. The accrual of late fees is not a waiver of any other remedy available to Provider, including the remedies in Section 12.

12. Non-Return

12.1. Thirty-Day Threshold. If the Equipment is not returned within thirty (30) days after the Return Date, Provider will treat the Equipment as non-returned and will charge your payment method on file the full published replacement value of the Equipment, plus any accrued late fees up to the cap.

12.2. Title. Payment of the full replacement value does not transfer title to the Equipment to Customer. Provider retains title and may reclaim the Equipment at any time. Customer agrees to cooperate in any recovery effort.

12.3. Reporting to Authorities. Non-returned Equipment may be reported to law enforcement as converted or stolen property.

13. Indemnification

You agree to defend, indemnify, and hold harmless Provider, its officers, members, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Equipment; (b) your breach of this Agreement; (c) your violation of any law; (d) any injury to persons or property caused in whole or in part by your acts or omissions; or (e) any content you record, broadcast, or transmit using the Equipment.

14. Limitation of Liability

14.1. No Consequential Damages. To the maximum extent permitted by law, Provider will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, reputation, rehearsal time, performance opportunity, or audience, arising out of or related to this Agreement or the Equipment, even if Provider has been advised of the possibility of such damages.

14.2. Cap on Direct Damages. To the maximum extent permitted by law, Provider’s aggregate liability under this Agreement will not exceed the amount of rental fees actually paid by Customer for the rental giving rise to the claim.

14.3. No Warranty Beyond Functionality at Delivery. Except as expressly set forth in this Agreement, the Equipment is provided “AS IS” and “AS AVAILABLE.” Provider disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, except to the extent such disclaimers are prohibited by law.

15. Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, utility failures, pandemic, government action, or carrier disruption. If such a circumstance prevents delivery on time, Provider will work with Customer in good faith to reschedule or refund.

16. Dispute Resolution

16.1. Informal Resolution First. Before starting any formal proceeding, the parties agree to try to resolve any dispute informally by contacting legal@rentmickits.com. Most disputes can be resolved this way.

16.2. Binding Arbitration. If informal resolution fails, any dispute arising out of or relating to this Agreement will be resolved exclusively through final and binding arbitration administered by [arbitration body TBD by counsel] under its then-current rules. The arbitration will be conducted in [City, State TBD by counsel] or, at Customer’s election, by video.

16.3. Class Action Waiver. To the maximum extent permitted by law, all claims must be brought on an individual basis. Class, collective, and representative actions are waived.

16.4. Small Claims Carve-Out. Either party may bring an individual claim in small claims court if it qualifies.

16.5. Injunctive Relief. Nothing in this Section prevents Provider from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its Equipment or intellectual property.

17. Governing Law

This Agreement is governed by the laws of the State of [State TBD by counsel], without regard to its conflict-of-laws principles. Subject to Section 16, venue for any judicial proceeding lies exclusively in [County, State TBD by counsel].

18. Miscellaneous

18.1. Entire Agreement. This Agreement, together with your order confirmation, the Shipping Policy, the Damage Waiver Summary, the Privacy Policy, and the Terms of Service, constitutes the entire agreement between the parties regarding the Equipment and supersedes any prior or contemporaneous oral or written agreements.

18.2. No Oral Modifications. No amendment or modification of this Agreement is effective unless made in writing and signed (or electronically accepted) by both parties.

18.3. Severability. If any provision of this Agreement is held to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

18.4. No Waiver. Provider’s failure to enforce any provision of this Agreement is not a waiver of its right to do so later.

18.5. Assignment. You may not assign this Agreement without Provider’s prior written consent. Provider may assign this Agreement to a successor in interest.

18.6. Notices. Notices to Provider should be sent to legal@rentmickits.com. Notices to Customer will be sent to the email address on file.

18.7. Headings. Section headings are for convenience only and do not affect interpretation.

19. Electronic Signature

By clicking “I agree” or the equivalent button at checkout, you acknowledge that you have read this Agreement, understand it, and agree to be legally bound by its terms. Your electronic acceptance creates a binding contract.

Last updated: [Date]

Questions? Email legal@rentmickits.com