Photoshoot Rental AGreement

Please read the Rental Agreement and complete the form below before submitting payment for your rental reservation.

BY COMPLETING PAYMENT FOR A PHOTOSHOOT RENTAL RESERVATION, YOU (HEREIN KNOWN AS “THE RENTER” OR “YOU”) AGREE TO THE FOLLOWING TERMS IN THE RENTAL AGREEMENT, AND ENTER INTO SAID AGREEMENT WITH EDERA JEWELRY (“EJ”).

1) OWNERSHIP, CONDITION OF RENTAL DESIGNS, USE OF DESIGNS

Edera Jewelry leases for a specified period to the Renter, and Renter hereby rents from EJ, the design(s) described on the rental reservation payment, following the terms and conditions set forth herein for the rental period indicated. All designs shall remain the property of Edera Jewelry and must be returned upon demand.

The Renter will use the design(s) for photoshoot purposes only. Renter agrees to return the design(s) to Edera Jewelry in the same condition as received by Renter, on the return date clearly stated when reserved. No alterations may be performed on the rental design(s). All Renters affirm that they are at least 21 years of age.

2) RENTAL FEES & PERIOD, PAYMENTS, CANCELLATIONS

Rental Fees

The rental fee (“Rental Fee”) for the design(s) will be the total of the rental fees and shipping charges listed on the website in connection to the designs reserved by the Renter. Payment in full is due at the time of checkout, after the rental details have been confirmed between EJ and the Renter by email. The payment, completed through a secure portal on www.ederajewelry.com, confirms your reservation in the Edera Jewelry rental schedule. A reservation of designs through our website is an order for the rental of that design, regardless of how far in advance that design is reserved.

Rental Period

Edera Jewelry will ship the designs to the Renter with sufficient transit time for them to be delivered to you prior to your photoshoot date. There is no additional charge if your rental arrives early. The rental period starts with a delivery date set approximately two (2) days before the Renter’s photoshoot date, and ends with a return date set two (2) days after the date of the photoshoot. The return date shall be clearly listed on the rental instructions included with the rental shipment.

Rescheduling

The Renter may request a change of the dates of the rental period, the confirmation of which is at the sole discretion of Edera Jewelry and dependent on the availability and bookings of the rental design(s) in question. The Renter must request reschedules no later than fifteen (15) days before the rental start date. If the request is granted, the rental fee will be applied to a mutually agreed upon updated rental period.

Rental Extensions

Extensions of rental periods are at the sole discretion of Edera Jewelry and are dependent on the availability and outstanding bookings of the design(s) in question. A payment of the additional rental fees applicable to that design is due in full upon confirmation of the mutually agreed upon extended rental period. 

Cancellations

Cancellations must be made fifteen (15) days before the shoot date. Cancellations made during this time frame are eligible for a store credit for the full amount of the rental fee, or for a 50% refund of the rental amount, only. Cancellations made after fourteen (14) days from the shoot will incur the full rental fee per design. If the design(s) have not yet been shipped, a refund will be issued for the shipping charges.

Late Fees

There is a $25 late fee assessed for each design, for each calendar day beyond the return date. If, at the end of fourteen (14) days, the return label provided by EJ has not been scanned by USPS, or the Renter does not provide a valid tracking number from another carrier approved by Edera Jewelry, the full retail value of the items will be invoiced to the Renter, in addition to the late charges accrued. The Renter agrees to pay all expenses incurred by Edera Jewelry in the collection of any amounts due from the Renter under the terms of this Agreement, including, but not limited to, recovering possession of the design(s), or to enforcing any term or condition of this Agreement, including attorneys’ fees, and administrative costs and fees, not to exceed the amount allowed by any applicable statute.

3) Shipping

Edera Jewelry will make all reasonable efforts to ship the design(s) to the Renter in a timely manner, with sufficient transit time for the rental to be delivered prior to the Renter’s photoshoot date, based on the transit times provided by USPS or other comparable carrier. The Renter will incur no additional charge if the rental arrives earlier than the projected delivery date.

Edera Jewelry’s liability is limited to a) the timely delivery of the design(s) to the carrier as ordered, or b) a refund of the rental fee (excluding insurance and delivery charges) as determined by us.

The Renter hereby acknowledges that orders may arrive late due to shipping delays by the carrier, which are out of Edera Jewelry’s control. Once your order is shipped, Edera Jewelry is not responsible for delayed deliveries and shall only give refunds at its sole discretion.

The Renter agrees to provide Edera Jewelry with a secure shipping address. Edera Jewelry shall not bear liability for rentals left unattended, delivered to an incorrect address, or returned to sender. Providing anything other than a secure shipping address may result in delivery delays, additional delivery fees, and/or the design(s) being returned to sender, for which Edera Jewelry shall not be held liable.

Edera Jewelry REserves THE RIGHT TO UPdate THE TERMS OF THIS AGREEMENT AT ANY TIME. The CHANGES SHALL APPLY TO THE RENTAL OF ANY Designs AFTER THE DATE OF SUCH CHANGE.

Last Updated: 8/15/22

4) THE RENTER’S COMMITMENTS

Receipt of Designs

Upon delivery of the rental designs, the Renter bears sole responsibility for the safe care and timely return of designs during the rental period.

 

Care & Handling

The Renter acknowledges that the rental designs may arrive with minor signs of wear and tear. The Renter agrees to return the design(s) in, or very close to, the original condition in which they are received.

In addition, the Renter agrees to abide by the following care and handling instructions:

  • Veils shall not be allowed to touch the ground when models are moving, and may not be used near water, sand, dirt, mud, or any other substances that may stain, snag, or tear the fabric.

  • Designs shall be put on models after their hair and makeup have been completed, as beauty products can potentially discolor the textile elements. Care will be taken to keep food and drinks away from the rental designs.

  • To prevent tangling and snagging, when shipping or storing, all designs shall be reattached to their cards and kept in the pouches and boxes provided.

Return Shipping & Packaging

The rental period ends with a return date set two (2) days after the date of the Renter’s photoshoot. You agree to deliver the designs to USPS by the return date listed on the rental instructions included with your rental shipment. The Renter agrees to use the prepaid return label and original box and packaging provided in the shipment by Edera Jewelry. Shipments with missing jewelry pouches will be charged a packaging fee of $5 per pouch.

5) VIOLATIONS OF THE CONTRACT, DAMAGES, LOSS, THEFT

A violation of the rental Agreement shall exist if the design(s) are:

·     Used in violation of any term or condition of this agreement

·     Used by any person other than the Renter without written consent of Edera Jewelry

·     Handled in a reckless or imprudent manner or if any design(s) are deliberately damaged

·     Are lost, stolen, or not returned

 

The Renter is responsible for and agrees to pay Edera Jewelry the fair market value of replacing the rental design(s) and/or repairing damages to the design(s), including loss of use, administration fees, material and labor costs, and diminishment of value, regardless of fault or negligence of the Renter, and regardless if damages result from an act of God. For purposes of this Agreement, the fair market value for the cost of replacing the design(s), shall be determined by Edera Jewelry, based on the full retail value (MSRP) listed on www.ederajewelry.com.

 

Edera Jewelry shall inspect design(s) for damages before shipping to the Renter and again upon receipt of the design(s) after the photoshoot. The Renter agrees to pay for a repair or cleaning fee, at a rate assessed by Edera Jewelry, for any rental design(s) that are substantially damaged or stained during the rental period.

 

The Renter’s insurance is primary, and the Renter agrees to present a claim to her insurance agent/carrier for all damages and costs, which are the Renter’s responsibility.

If, at the end of fourteen (14) days, the return label provided by Edera Jewelry has not been scanned by USPS, the Renter shall be invoiced by EJ the full retail value of the rental design(s), in addition to the late charges accrued.

 

The limitations of this clause shall not apply to the rental fee, which is charged separately from, and in addition to, any charges for the retail value.

Litigation & Collection

The venue in any legal action brought by either Edera Jewelry or the Renter in connection herewith shall be deemed proper in the county and state of the principal location of EJ. These terms and conditions shall be governed by the laws of the state of Vermont.

If any default is made in payment of amounts due for any order made hereunder, or upon any other breach of these terms and conditions. The Renter agrees to pay Edera Jewelry reasonable costs of collection and/or compliance, including, but not limited to, reasonable attorneys’ fees and costs, not to exceed the amount allowed by any applicable statute.

7) INDEMNIFICATION, WARRANTIES

The Renter acknowledges that Edera Jewelry has not and does not make any representations or warranties of any kind, directly or indirectly, express or implied, including the suitability for use or performance of the design(s), its fitness for any particular purpose, its condition and/or its quality. The Renter acknowledges that products furnished hereunder as “as is” condition, and with all faults.

The Renter agrees to defend, indemnify, and hold Edera Jewelry harmless from any and all losses, liabilities, damages, injuries, claims, demands, costs, lawsuits, proceedings, and expenses incurred in any manner from this rental transaction, including claims of, or liabilities to, third parties.

Edera Jewelry is not responsible for any personal property returned with the design(s).