General Rental Policies

Pickups after 2pm

Returns by 10am

Minimum Rental is $150

Delivery & Pickup available for an additional fee please contact us for more information.

Spark G&E Rental Agreement

This agreement is hereby entered into between Spark G&E dba. (Herein “Us”, “We”,”Our”) and ________________________ (Herein “Rentee”, “You”, “Your”) on this ______ day of __________________ , 20____ . 

1. Indemnity. Rentee agree to defend, indemnify, and hold harmless Us, against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses and compensation whatsoever including court costs and attorneys’ fees (“Claims”), in any way arising from, or in connection with the Equipment rented (referred to in this document as “Equipment”), including, without limitation, as a result of its use, maintenance, or possession, irrespective of the cause of the Claim, from the time you take delivery on our premises or the Equipments is placed in transit by “Us” for delivery to “You”, until the Equipment is returned to us during normal business hours and we sign a written receipt for the Equipment. 
2. Loss or Damage to Equipment. Once the Equipment leaves our facility, whether picked up by You or transported via a third party, You are responsible for all loss, damage or destruction of the Equipment, including but not limited to risk/loss at Our premises, to losses while in transit, while loading and unloading, while at any and all named and unnamed locations, while in storage and while on your premises, except as follows:
    A. You shall not be responsible for damage to or loss of the Equipment caused by our sole negligence; B. You shall not be responsible for damage or loss resulting from mechanical or structural defect or breakdown due to failure on our part to perform routine or scheduled maintenance. 
3. Protection of Others. You will take reasonable precautions in regard to the use of the Equipment to protect all persons and property from injury or damage. The Equipment shall be used only by your employees or agents qualified to use the Equipment. Equipment shall be used in strict accordance with all applicable laws, according to the standard operation procedures and only for the purpose of production contemplated.   You shall use the Equipment in the manner as prescribed by the manufacturer.
4. No Sublease. You warrant that you will not sub-rent or sublease any of the Equipment without our prior written consent;  You hereby acknowledge that your failure to comply with this clause will result in You being liable for the full rental rate plus the full replacement cost for any items subleased or sub-rented to other parties. 
5. Equipment in Working Order/No Warranties. We have tested the Equipment in accordance with reasonable industry standards and found it to be in working order immediately prior to the inception of this Agreement. Other than what is set forth herein, you acknowledge that the Equipment is rented/leased without warranty, or guarantee of any kind, express or implied, except as required by law or otherwise agreed upon by the parties at the inception of this Agreement. We assume no liability for the performance or non-performance of the Equipment, irrespective of the cause. Without limiting the generality of the foregoing, you agree that we shall have no liability for consequential damages including, without limitation, loss of time or the need to re-shoot or repair film or video footage. 
6. Inspection. At all times during the equipment rental, We shall have the right to inspect and/or observe Your use of rented equipment.  You shall insure that upon request We will be provided the location of the equipment and You shall ensure we have access to such location.
7. Cancellation. RenteE shall be liable for any fees, penalties or liabilities under the Spark G&E Cancellation Policies. Upon request a copy of the current policy shall be provided. 
8. Alterations. Renter shall not make any alterations, additions or improvements to the equipment without the written consent of Us, including but not limited to the removal of serial numbers, barcodes, stickers, and/or logos. 
9. Insurance. You shall, at your own expense, maintain at all times during the term of this Agreement, all risk perils insurance (“Insurance”) covering the Equipment from all sources (Inland Marine or Production Package Policy) including coverage for, without limitation, (i) theft by force (ii) theft by fraudulent scheme and/ or “voluntary parting (iii) mysterious disappearance (iv) loss of use of the Equipment for loss of use. Coverage shall begin from the time you or your or agents pick up or begin prepping the Equipment at our place of business, or the equipment is shipped  whichever is applicable, and shall continue until the time the Equipment is returned to and accepted by us in good working order. The Insurance shall be on a worldwide basis and shall name us as an additional insured as well as an additional loss payee with respect to the Equipment and shall cover all risks of loss of, or damage or destruction to the Equipment. The Insurance coverage shall be sufficient to cover the Equipment at its replacement value but shall, in no event, be less than $100,000. 
10. Vehicle Insurance. You shall, at your own expense, maintain motor vehicle liability insurance (“Vehicle Insurance”), including coverage for loading and unloading Equipment and hired motor vehicle physical damage insurance, covering owned, non-owned, hired and rented vehicles, including utility vehicles such as trailers. Coverage for physical damage shall include “comprehensive” and “collision” coverage. We shall be named as an additional insured with respect to the liability coverage, and as a loss payee with respect to the physical damage coverage. The Vehicle Insurance shall provide not less than:
    Automobile Liability: $1,000,000 in combined single limits liability coverage and actual cash value for physical damage and shall provide that said insurance is primary coverage with respect to all insureds, the limits of which must be exhausted before any obligation arises under our insurance. 
11. Workers Compensation Insurance. You shall, at your own expense, maintain worker’s compensation/ employer’s liability insurances statutorily required during the course of the Equipment rental with minimum limits of $1,000,000. In those circumstances where labor is supplied by Us than those persons shall be considered either your employees or independent contractors. 
12. Liability Insurance. You shall, at your own expense, maintain commercial general liability insurance (“Liability Insurance”), including coverage for the operations of independent contractors and standard contractual liability coverage. The Liability Insurance shall name us as an additional insured and provide that said insurance is primary coverage with respect to all insureds, the limits of which must be exhausted before any obligation arises under our insurance. Such insurance shall remain in effect during the course of this Agreement, and shall include, without limitation, the following coverages which shall meet the following minimums: A: Commercial General Liability: $1,000,000 per occurrence & annual aggregate of $2,000,000. Standard contractual liability, personal injury liability, completed operations, and product liability shall be included. B: Foreign Liability (if filming outside of USA or Canada): $1,000,000 per occurrence limit. C: Aircraft Liability (if filming from an aircraft): $2,500,000 per occurrence limit.
13. Cancellation of Insurance.  You and your insurance company shall provided us with not less than 30 days written notice prior to the effective day of any cancellation or material change to any insurance maintained by you pursuant to the foregoing provisions. 

14. Certificate of Insurance.  Before obtaining procession of the Equipment you shall provided to us Certfiicates of Insurance confirming the coverages specified above.  All certificates shall be signed by an authorized agent or representative of the insurance carrier.
    
15. Drivers.  Any and all drivers who the Vehicles you are renting/leasing from us shall be duly licensed, trained, and qualified to drive vehicles of this type.  Although we may, from time to time, recommend certain qualified divers with whom we are familiar, we do not supply driers.  You must supply and employ any drier who drives the Vehicle (even if the driver is the registered owner of the vehicle or owners of a company that owns the vehicle) and that driver shall be deemed to be your employee for all purposes and shall be covered as an additionally insurance on all your application insurance policies.
16. Compliance With Law and Regulations. You agree to comply with the laws of all states in which the Equipment is transported and/or used as well as all federal and local laws, regulations, and ordinances pertaining to the transportation and use of such Equipment. Without limiting the generality of the foregoing and by way of example, you shall at all times (i) display all necessary and proper placards; obtain all necessary permits; and (iii) keep all required logs and records. You shall indemnify and hold us harmless from and against any and all fines, levies, penalties, taxes and seizures by any governmental authority in connection with or as a result of your possession or use of the Equipment including, without limitation, the full replacement value of the Equipment in the event of seizure or impound, including our reasonable costs and attorneys fees.
17. Valuation of Loss. Unless otherwise agreed in writing, you shall be responsible to Us for the replacement cost value or repair costs of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, you shall file a police report. Loss of use shall be determined by the actual loss sustained by Us. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment. Rental fees for the subject equipment shall continue to accrue until you have paid for the lost, damaged or stolen equipment or until repairs are completed. Our determination whether the damaged equipment shall be replaced or repaired shall be conclusive.   Should your insurance determine the value of the equipment is less than the replacement cost You shall be liable for the difference.
18. Subrogation. You hereby agree that we shall be subrogated to any recovery rights you may have for damage to the Equipment rented/lease. 
19. Bailment. This agreement constitutes an Agreement or bailment of the Equipment and is not a sale or the creation of a security interest. You will not have, or at any time acquire, any right, title, or interest in the Equipment, except the right to possession and use as provided for in this Agreement. We will at all times be the sole owner of the property. 
20. Expenses. You will be responsible for all expenses, including but not limited to fuel, lubricants, and all other charges in connection with the operation of the Equipment. 
21. Condition of Equipment. You assume all obligation and liability with respect to the possession of Equipment, and for its use, condition, and storage during the term of this Agreement except as otherwise set forth herein. You will, at your own expense, maintain the Equipment in good mechanical condition and running order, allowing for reasonable wear and tear as determined by Elemental . The rent on any of the Equipment will not be prorated or abated while the Equipment is being serviced or repaired for any reason for which you are liable. We will not be under any liability or obligation in any manner to provide service, maintenance, repairs, or parts for the Equipment, except as otherwise specially agreed or as may be within the course and scope of employment by you. All installations, replacements, and substitutions of parts or accessories with respect to any of the Equipment will become part of the Equipment and will be owned by us.
22. Transportation of Equipment: You are responsible for the transportation of equipment to and/or from any location. You are responsible for all costs (transportation charges, taxes, duties, broken fees, bonds, insurance and any other costs) incurred during transit. We will not accept collect shipments from you. Should We provide transportation services of the equipment You are responsible for any occurrences in transit and waive the right to check out the equipment thereby assuming that all equipment has been delivered and is in good working order. All equipment is FOB at a location of Our choosing. Should any loss occur it is Your responsibility to file any required documentation for recovery or insurance payout.
23. Accident Reports. If any of the Equipment is damaged, lost stolen, or destroyed, or if any person is injured or dies, or if any property is damaged as a result of its use, maintenance, or possession, you will promptly notify us of the occurrence, and You will file all necessary accident reports, including those required by law and those required by applicable insurers. You, Your employees and agents will cooperate fully with us and all insurers providing insurance under this Agreement in the investigation and defense of any claims. You will promptly deliver to us any documents served or delivered to you, your employees, or Your agents in connection with any claim or proceeding at law or in equity begun or threatened against You, Us, or both or us.
24. Return. Upon the expiration date of this Agreement with respect to any or all Equipment, you will return the property to us, together with all accessories, free from any damage, including cosmetic, and in the same condition and appearance as when received by you, allowing for ordinary wear and tear as determined by Us.
    
25. Late Return Fee. Any equipment returned past the due date shall be charged at the non-discount rate for every day the item is late and not at the weekly or monthly discounted rate; Additionally should the equipment be required for another rental and is no longer available any additional fees for any sub-rental from another firm will become the responsibility of You due to returning the equipment late.. 
26. Additional Equipment. Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional equipment will be added through listing on a checkout form which shall be signed by You, Your agent, or Your designated representative. 
27. Entire Agreement. This Agreement and any attached checkout forms which are incorporated by reference and made an integral part of the Agreement, constitute the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this Agreement or in the attached forms will be binding on any of the parties unless set forth in writing and signed by both parties.  This Agreement shall supersede any and all other agreements by the Parties unless another agreement specifically cites this agreement as the “Spark G&E Rental Agreement” as being amended by both Parties.
28. Counterparts and Signatures. This agreement may be executed simultaneously or in two or more counterparts each of which shall be deemed an original and all of which shall taken together shall constitute one in the same instrument.   Signature produced by digital means, via website, or other electronic means shall be deemed to be proper and valid.
29. This agreement shall remain in effect for one (1) year (365 days) year from the date first signed by Rentee. 
30. Applicable Law. This Agreement will be deemed to be executed and delivered in the State of Georgia and to the appropriate venue in Cobb County, GA. This Agreement shall be governed by the laws of the State of Georgia. 
31. Collection and Arbitration. Invoices are payable upon receipt of invoice and not later than fifteen (15) days unless a different payment method is agreed upon in writing. Payments not paid within such fifteen (15) days shall be considered past due and a late charge and finance charges may be assessed. You agree to pay attorneys’ fees and collection costs in the event it is deemed by us to pursue collection of past due accounts through a collection agency or by an attorney. This includes efforts to collect on equipment losses. Any controversy or claim, including any claim of misrepresentation, arising out of or related to this Agreement or breach of this Agreement will be settled by arbitration, in Cobb County, Georgia. The arbitration will be conducted by a single arbitrator under jurisdiction of and the then current rules of the American Arbitration Association. The decision and award of the arbitrator will be final and binding and any award may be entered in any court having jurisdiction.  The prevailing party in any such arbitration shall be entitled to an award of reasonable attorneys fees and costs in additional to any other relief granted.
32. Sever-ability. If any provision of this Agreement or the application of any of its provisions to any party or circumstance is held invalid or unenforceable, the remainder of this Agreement, and the application of those provisions to the other parties or circumstances, will remain valid and in full force and effect. 
33. RENTEE AGREES TO THE ABOVE TERMS AND CONDITIONS AS LISTED IN ITEMS 1 THROUGH 32, and is liable for the equipment and vehicles from the time delivery is accepted at Our premises until the time they are returned to Us and are deemed to be returned in the good working order they were in when give to You.