SHOTBOXXX EQUIPMENT LEASE
THIS EQUIPMENT LEASE (“Lease”) is made by and between SHOTBOXXX, LLC, (“Lessor”) and current user
(“Lessee” or “You”) and becomes effective by clicking on the “Tap to Rent” button. By clicking on the “Tap to Rent”
button, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at
its sole discretion modify these terms and conditions at any time and any modifications shall become effective
immediately as posted on this site or the SHOTBOXXX User Interface. By clicking on the “Tap to Rent” button, Lessee
indicates acceptance of the modified terms and conditions.
In consideration of the mutual covenants and promises set forth in this Lease, the parties hereto agree as follows:
1. Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the GoProTM camera equipment
shown in the SHOTBOXXX User Interface (“Equipment”) as may be amended from time to time. Lessor reserves the
right to refuse or decline leasing the Equipment to potential lessee at Lessor’s sole discretion. Lessor may, at its sole
discretion, gather information from third parties regarding potential lessee’s past rental history and credit worthiness.
2. Term. The term of this Lease shall commence on the day of the Lessee clicks on the “Tap to Rent” button and expire
on the last day of the rental period as show on the checkout page (“Rental Period”), in no event exceeding seven (7)
days. The Equipment must be returned to the SHOTBOXXX vending machine before rental cut-off time as shown on
the Checkout page of the SHOTBOXXX User Interface, or as sent to Lessee by email and/or text. Should the
Equipment not be returned on or before the expected return date, Lessor reserves the right to charge the Lessee
additional Rent for the extra time the Equipment was late. You hereby give Lessor permission to contact you via the
US mail, email, telephone, or text message regarding information on or status of Your rental.
3. Renewal. Lessee may renew this Lease for additional Rental Periods, not to exceed seven (7) days total, with the
consent of Lessor. Renewal of this Lease will be linked to Lessee’s original Order but will be charged separately. All
terms of this Lease apply with the same force during the renewal period.
4. Rent and Deposit. All rent and deposits will be paid in advance, in full, before the Equipment is released to Lessee.
5. Use. Lessee shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform
to all national, state, municipal, and other laws and regulations in any way relating to the possession, use or
maintenance of the Equipment including any manufacturer’s recommendations, warnings and instructions as to the
safe use of the Equipment, as well as the trademark, copyright and privacy laws, or similar laws, of the United States
and the locale in which the Equipment is used.
• NOTE: The GoProTM manufacturer’s user instructions state that the Equipment is designed for shallow water
and surface use only. They have been tested and rated to 9.5 meters (30 feet). We do not recommend use in
diving applications or depths greater than 9.5 meters (30 feet).
6. Representations, Warranties and Agreements. Lessee has selected the Equipment without relying upon any
suggestion or recommendations of Lessor or its employees and Lessee understands and agrees that Lessor
assumes no responsibility, and specifically disclaims all warranties, for the Equipment as being fit for any particular
purpose.
Lessor represents and warrants as follows: (1) the Equipment is free from known defects and is in good working
order to the best of its knowledge at the inception of the rental; (2) Lessor is responsible for routine repair and
maintenance of the Equipment prior to rental; (3) Lessor has the right to enter into the rental of the Equipment.
Lessee agrees as follows: (a) except as set forth in Lessor’s representations and warranties above, the Equipment is
rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no
warranty of merchantability or fitness for a particular purpose; (b) Lessor shall not be held responsible with respect to
production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays;
and (c) except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all costs
associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a
result of Lessee’s usage, possession, transportation or failure to return the Equipment for any reason, including,
without limitation, as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors.
At all times Lessor’s maximum liability in connection with the Equipment is limited to the rent paid to Lessor by
Lessee.
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7. Used Equipment. Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed.
However, Lessor warrants that the Equipment, whether new or used, will be in proper working condition when leased
to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify
Lessor pursuant to Section 15 of this Agreement.
8. Typographical Errors. In the event a product rental rate is listed incorrectly due to errors in pricing information
received from Lessor’s suppliers or an inadvertent clerical error, Lessor has the right to refuse or cancel any orders
placed for products listed at the incorrect rate whether or not Lessee’s credit card has been charged. Should Lessor
cancel Lessee’s order, Lessor will promptly credit Lessee’s account for the incorrect amount paid.
9. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify Lessor’s
acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. SHOTBOXXX reserves the
right at any time after receipt of Lessee’s order to accept or decline Lessee’s order or to supply less than the quantity
Lessee ordered of any item for any reason.
10. Out-of-Stock Products and Multiple Product Orders. Lessor makes no guarantees as to availability of Equipment.
Lessor will release the Equipment to Lessee as it becomes available. There may be times when the Equipment
Lessee ordered is out-of-stock which will delay fulfilling Lessee’s order. Any estimate of availability provided by
Lessor is based on the calculation that each of Lessor’s customer returns Equipment within the prescribed Rental
Period. If Equipment is out-of-stock or unavailable, Lessee may cancel the order at any time prior to rental. For a
multiple product order, Lessor will make every attempt to rent all products contained in the order at the same time.
Equipment that is unavailable at the time of rental of other Equipment will be released as it becomes available unless
Lessee notifies Lessor of their alternate wishes to this end. Lessee will only be charged for Equipment contained in a
given rental, plus any applicable rental charges. Lessee will only be charged for rental at the rate quoted on Lessee’s
purchase receipt. The entirety of this rental charge may be applied to the first Equipment released on an order
requiring multiple rentals.
11. Rental. All rental choices (including returns) are the sole responsibility of the Lessee. Any rental or transit time
estimates provided by Lessor are estimates only. Lessee is encouraged to order in a timely fashion to avoid delays
caused by product unavailability or rental. Lessee agrees to obtain and retain the rental receipt for all return rental
until Lessor notifies Lessee of Lessor’s receipt of such returned product.
12. Cancellations. Lessee may cancel a pending reservation prior to order rental or pick up. Failure to do so will result in
a 1-day rental (prorated off the 1-day rate) for all Equipment charged to your card. Lessee may cancel within 24
hours of placing an order with no fees or penalties, as long as order has not been released. Canceling a released
order will result in extra fees. Lessee may cancel an order once it has released but such cancellation will be subject
to full refund minus: 1 day rental rate + cost of the damage waiver (if applicable). Lessor reserves the right to cancel
any order at any time before delivery occurs at its sole discretion. In the event of a recall before the end of the Rental
Period, Lessor will provide a prorated refund corresponding to the amount remaining in the Rental Period, less
handling fees.
13. Insurance and Deposit. Some orders may require that Lessee insure the Equipment for the duration of the Rental
Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by
Lessor until the Equipment has been returned in good working order. Should Lessee choose to insure the
Equipment, Lessee shall add SHOTBOXXX, LLC as an Additional Insured on Lessee’s insurance policy and provide
Lessor with a Certificate of Insurance at the time of the order.
14. Age. Due to the value of the Equipment, Lessor will not rent Equipment to persons under the age of 18. Lessee
agrees not to allow any person to pick up or return the Equipment who is under the age of 18.
15. Repairs. Lessee agrees not to attempt to repair or materially alter the Equipment under any circumstances.
16. Loss and Damage. Except as set forth in Lessor’s representations and warranties above, Lessee hereby assumes
and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or
damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease. In the event of
damage of any kind whatsoever to the Equipment, Lessor may: (a) charge Lessee’s credit card for the full cost of
repair; and (b) repair the Equipment using a vendor at Lessor’s sole discretion. In addition to repair or replacement
fees, Lessor may charge Lessee’s credit card for a “Loss of Use Fee” in the event Lessee did not purchase a
damage waiver at the time of the initial rental order. “Loss of Use Fee” is equal to the daily rental fees at the 1-day
rental rate Lessor would have been entitled to receive for the Equipment had it not been damaged or lost. In the
event the Equipment becomes damaged beyond repair, Lessee shall pay Lessor the full replacement value of the
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Equipment. Lessee must ensure that the Equipment, when returned to Lessor, is clean. Should the returned
Equipment be deemed unclean in Lessor’s sole judgment, Lessor reserves the right to charge Lessee a “Cleaning
Fee” of up to $200.00.
17. Non-Working Equipment. Lessee shall notify Lessor within 30 minutes of receipt of Equipment any malfunction
and/or alleged damage of such Equipment. In the event Equipment is not functioning and/or damaged other than as
a result of Lessee’s negligence or willful acts, Lessee must not attempt to repair or modify the equipment
himself/herself. Lessee must return such non-working Equipment to Lessor and Lessor will either replace the nonworking Equipment with a functioning equivalent (“Replacement Equipment”) or issue Lessee a credit or full refund of
all rental charges paid by Lessee at Lessee’s option. The rental charges for all such non-working Equipment so
returned will commence upon Lessee’s receipt of the replacement Equipment. Once Lessor receives notification of
suspected damage of Equipment in transit, Lessor shall send such damaged Equipment to the manufacturer for
inspection and repair. Lessee and Lessor hereby agree to be bound by the damage report provided by such
manufacturer as to the cause and liability of such damage.
18. Surrender. Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in
good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by
delivering the Equipment at Lessee’s cost and expense via the rental method specified by Lessor. The Equipment
must also be returned in the same clean and professional condition as it was at the commencement of the Lease.
Lessee shall be responsible for proper packaging of the returned Equipment using rental and packaging materials
provided by Lessor in the order rental. Lessor’s acceptance of the Equipment upon return by Lessee shall not
represent Lessor’s determination as to the condition of the returned Equipment. Lessor reserves the right to inspect
the Equipment within a reasonable time after the return of the Equipment and determine whether such returned
Equipment was damaged during the Rental Period.
19. Damage Waiver. Lessor offers Lessee the option to purchase a damage waiver (“Insurance Damage Waiver”) for
unintentional damage to the Equipment during the Rental Period. The determination of whether damage is unintentional
and not Lessee misuse or abuse is at the sole discretion of Lessor.
• In the event of damage covered by an Insurance Damage Waiver, the Lessee, who has purchased the
Insurance Damage Waiver will pay Lessor any deductible on the insurance policy. Valuation of the Equipment is
within the sole discretion of Lessor. An Insurance Damage Waiver does not cover lost or stolen items.
Equipment reported as damaged must be returned to Lessor for inspection. An Insurance Damage Waiver does
not cover liquid damage as that is considered to fall under the category of Lessee negligence.
• Equipment reported as damaged must be returned to Lessor for inspection. Equipment theft must be reported to
the Lessor by the return date. Theft of Equipment must be validated with an official police report submitted to
Lessor within 30 days of the incident. Lessor may ask for additional documentation, up to an including a full
investigation by Lessor or a third party acting on behalf of Lessor. If the investigation reveals that the Equipment
can be returned, whatever the condition, then the Lessee must return or pay the full replacement value of the
Equipment.
Also, any peripheral items in Lessee’s rental including lens hoods, battery charges, front and rear caps, cables,
mounts, selfie sticks and other items etc. (“Peripheral Items”) are not covered by insurance. If Lessee loses and/or
damages Peripheral Items, Lessee is responsible for the cost of replacement of the Peripheral Items even if Lessee
purchased an Insurance Damage Waiver.
20. Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at
Lessee’s expense, shall report, pay and discharge when due all license and registration fees, assessments, sales,
use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, together
with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or
department thereof, whether or not the same shall be assessed against or in the name of Lessor or Lessee. Lessee
shall indemnify and hold Lessor harmless from any taxes, fees, and penalties arising out of Lessee’s lease, use and
possession of the Equipment except for those taxes, fees and penalties based upon Lessor’s income.
21. Indemnity. Lessee shall defend with counsel of SHOTBOXXX’s choice, indemnify against, and hold Lessor harmless
from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable
attorney’s fees and costs, arising out of, connected with, or resulting from Lessee’s use of the Equipment, including
without limitation the selection, possession, use, operation, or return of the Equipment.
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22. Default. If Lessee fails to pay any rent or other amount herein provided within three (3) days after the same is due
and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed,
kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:
a. To charge Lessee’s credit card on file for all amounts due (including any late fees) and owing, and for the
replacement value of the Equipment.
b. To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
c. To take possession of the Equipment, without demand or notice, wherever same may be located without any
court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of
possession.
d. To terminate this Lease.
e. To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for
the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor’s
remedies are cumulative and may be exercised concurrently or separately.
23. Bankruptcy. Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any
proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is
adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or
execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is
appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of
the Equipment, Lessor shall have and may exercise the option to, without notice, immediately terminate the Lease.
The Lease shall not be treated as an asset of Lessee after the exercise of said option.
24. Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and
the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
25. Additional Documents. If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as
Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the
Equipment including, but not limited to a UCC financing statement.
26. Entire Agreement. This instrument constitutes the entire agreement between the parties on the subject matter hereof.
27. Notices. Service of all notices under this Agreement shall be sufficient if given personally or by certified mail, return
receipt requested, postage prepaid, at the address hereinafter set forth or to such address as such party may provide
in writing from time to time.
28. Governing Law and Venue. This Lease shall be construed and enforced according to laws of the State of California.
Any and all claims or litigation arising out of this Lease shall be venued in Sacramento, California.