In this Agreement, Area Props NYC, Inc, ("AP") hereby rents home furnishings and decorative objects ("Prop" or "Props") to Lessee, to use for a limited time under the following conditions.
General Terms Use Prior to renting Props, Lessee must describe the anticipated use and associated location. The location must be within 500 miles of New York City. AP shall approve the use prior to entering into this Agreement, and reserves the right to refuse rental for any reason. Term The time period of rental ("Term") is seven calendar days. Lessee may arrange to rent Props for multiple consecutive Terms. For example, two Terms would be fourteen days. There is no rental period less than one Term, but a Lessee may return Props prior to the end of the Term. Rates The cost of renting a Prop for one Term ("Rental Fee") is listed next to each Prop. If Lessee fails to return a Prop prior to the end of the Term, a late fee equal to 20% of the Rental Fee accumulates for each day the Prop is late. Transportation Lessee is responsible for transportation of the Props to and from AP's location. Lessee shall provide information regarding the name and contact information of a professional delivery service, as well as the times of pick up and return of the Props. Props shall be packed to prevent damage from moisture and impact. For example, Props may be securely wrapped in protective coverings, including padding, and/or plastic wrap as appropriate. As a general rule, please return Props in packing similar to that used by AP upon pick up. Cancellation Lessee may not cancel this Agreement. If Lessee fails to pick up Props, the Rental Fees are forfeited. If for whatever reason the Prop is not available, AP will make its best efforts to provide a reasonable alternative upon agreement of Lessee. If no alternative is found, AP shall refund the Rental Fee. Condition of Props High quality Props are of the utmost importance to both AP and Lessee, and both shall make their best efforts to protect the Props at all times. All Props are rented "as is" and as shown in the images on the website. Some Props are intentionally worn or weathered for an authentic, antique or "broken in" appearance. Lessee shall affirm the condition of the Prop. Within the first half-day of the Term, Lessee shall inspect the Prop and notify AP of any defects, by texting or emailing a picture of the defect along with a call or message describing the defect. Without prompt notification, all Props will be deemed as acceptable and in good condition and repair. Lessee shall be responsible for any loss or damage while the Prop is away from AP's location. Lessee shall be responsible for the Prop during transportation and handling by any agents or third parties hired by Lessee. AP shall inspect Props within twenty-four hours of return. Damages and repair or replacement costs will be determined by AP. Lessee agrees to pay for any extraordinary cleaning, repair or replacement of a lost or damaged Prop. If there is a loss or damage to a Prop, AP may charge Lessee’s credit card up to the replacement value. Loss or damage at the fault of Lessee or Lessee's agents shall not relieve Lessee of Rental Fees. Lessee shall not alter the Prop in any way, including attempted maintenance or repairs. Additional Legal Terms
General Indemnity Lessee will indemnify AP and its agents, employees and affiliates against and hold AP harmless from any and all claims, actions, damages including reasonable attorneys' fees, obligations, liabilities, and liens (including any of the foregoing arising or imposed under the doctrine of strict liability in tort or product liability), arising out of the manufacture, purchase, lease, ownership, possession, operation, condition, return, or use of the Props or by operation of law. Lessee agrees that upon written notice by AP of the assertion of such a claim, action, damage, obligation, liability, or lien as described in the preceding sentence, Lessee will assume full responsibility for the defense thereof. Personal Property All Props are personal property owned by AP at all times. This is a rental agreement, and Lessee is paying only for the right to use, transport, photograph and film the Props for a limited time. Assignment Lessee may not assign this Agreement to, or permit use of the Props by, another party. Binding Effect The terms of this Agreement will be binding upon and inure to the benefit of AP and Lessee and their respective representatives, heirs, administrators, and successors. Amendments This Agreement represents the entire agreement between AP and Lessee with respect to the rental transaction and supersedes all prior agreements. Amendments must be in writing and consented to by both AP and Lessee. Electronic communications, such as email, are considered writings. Severability If a court finds that any provision in this Agreement is unenforceable, that provision will have no effect upon the enforceability of the remaining provisions. Remedies Lessee will be considered in breach of contract if Props are intentionally or negligently damaged, used in an unauthorized manner, or returned late. Upon breach of contract, AP may terminate this Agreement and any other agreements with Lessee, recover Props without notice, withhold Rental Fees and charge for losses or damages. AP may also seek legal remedies for repossession of Props and compensation for damages to Props, or any other remedies available under law. Attorney's Fees If a dispute requiring litigation or legal enforcement arises out of the Agreement, the prevailing party shall be entitled to recover all associated fees and expenses from the non-prevailing party including, without limitation, reasonable attorneys' fees. Governing Law This Agreement will be interpreted and enforced under the laws of the State of New York. Any dispute will be arbitrated, mediated, tried or settled in the State of New York and its state and federal court systems.