1. These rental terms and conditions shall be applied between West Bay Entertainment, Öppet bolag (hereinafter referred to as “WBE”) and a company or person renting WBE’s camera and other equiment (the company or person hereinafter referred to as the “Customer” and the equipment hereinafter referred to as the “Equipment”). WBE and the Customer are hereinafter referred to as the “Parties”.

2. The booking of the Equipment can be made on a preliminary basis or on a confirmed basis. A preliminary booking means that the Customer is guaranteed the right to rent the requested Equipment up to five (5) days before the rental period is supposed to start.

3. If the Customer does not confirm the preliminary booking at least five (5) days before the start of the rental period, WBE has the right to rent the Equipment out to another party. The same conditions apply to a situation where the Customer is contacted by WBE and asked if he/she/it wishes to confirm the booking and the Customer decides not to do so.

4. A confirmed booking is a business deal and the Customer will be invoiced.

5. The Customer agrees to rent the booked Equipment for the rental period that is separately agreed upon between the Parties on a case by case basis.

6. WBE agrees to hand over the Equipment to the Customer in a properly maintained, working and inspected condition.

7. The Customer agrees to pay compensation on the rented Equipment to WBE in accordance with the price list or other price specification on the Equipment.

8. The Customer declares that he/she/it, has sufficient professional knowledge in using the rented Equipment so that the Equipment will not be damaged due to user error. The Customer agrees to handle, store and take care of the rented Equipment properly, carefully and professionally.

9. The customer agrees to immediately after having received the rented Equipment, inspect and test the rented Equipment to ensure proper functioning. If any defect or failing on the rented Equipment appears when it is inspected, WBE shall be obliged to take actions to repair the defect. The Customer shall accept the rented Equipment in a condition as it is after having inspected it. The Customer may if he/she/it chooses carry out the inspection at WBE premises. The inspection of the Equipment must be scheduled to be carried out so early that possible defects can be repaired by WBE before the agreed rental period begins.

10. WBE shall not be liable for any damages that may result from any defect or failing of the Equipment which the Customer should have noticed when he/she/it inspected the rented Equipment. The Equipment shall be rented without any functioning guarantee. If any defect or failing on the Equipment appears during the agreed rental period and the Customer should have noticed such defect or failing when he/she/it inspected the rented Equipment, the Customer shall be obliged to deliver the Equipment at it’s own cost to WBE or to any other place requested by WBE to be replaced or repaired. WBE shall then not be liable for any possible direct or indirect costs or damages suffered by the Customer resulting from such replacement or repair.

11. The Equipment is insured by WBE and the Customer agrees to pay WBE ten (10) percent of the rental price of the Equipment to cover the insurance cost. The excess share of the insurance is 600 € and the Customer agrees to pay any damages/costs to a maximum of the excess share of the insurance. If the Parties separately agree upon, the Customer may be responsible for insuring the rented Equipment providing WBE with a written insurance certificate before the agreed rental period begins.

12. In the case that the Equipment or parts of the Equipment is lost or returned in a defective condition, WBE will, unless otherwise agreed upon between the Parties, take the necessary actions to restore the Equipment into the order it was in when the Customer took delivery of the Equipment. WBE will invoice the Customer the excess share of the insurance as well as all other costs related to the restoration. Maintenance work related to the restoration performed by WBE will be invoiced to the Customer at a rate of 37 € / hour.

13. In the case that Equipment is lost or is non-repairable, and similar second hand equipment is unavailable, the lost or damaged Equipment shall be compensated for by the Customer with an amount that is equivalent to the list price of new similar equipment. In the case that second hand equipment is available, the Parties shall negotiate.

14. The rented Equipment shall be returned to WBE at the latest 09.00 the morning after the last day of the rental period, or as agreed upon between the Parties.

15. The rental period is considered to have ended only after all rented Equipment is returned to WBE by the Customer. If the returning of the Equipment does not happen as agreed upon or if there is Equipment missing, WBE will invoice the Customer the daily rate for the missing Equipment. If the missing Equipment is part of a package and renders the package unusable while it is missing, the daily rate for the entire package will be invoiced.

16. The responsibility of the Equipment is transfered back to WBE from the Customer at the time the Equipment is returned to WBE.

17. In the case that the rented Equipment will be used in conditions that contain any of the following items: fire, explosives and pyrotechnics, gases, welding equipment, solvents, lasers or any similar hazardous item, the explicit permission from WBE is required.

18. In the case that the rented Equipment will be used outside of Finland, the explicit permission from WBE is required.

19. WBE has the right to at any time inspect the condition of the Equipment as well as to take any necessary steps to ensure that the Equipment will not be damaged or lost.

20. WBE has the right to immediately terminate the rental agreement with the Customer and reclaim rented Equipment and receive compensation, both for the agreed rental period and for the possible injure suffered

a) if WBE wants to inspect the rented Equipment and is denied access,

b) if the rented Equipment is used by the Customer in a non-professional way or if there is reason to believe that the Equipment will be damaged or lost or

c) if the Customer in any other way does not comply to follow the terms in this agreement.

21. The Customer will ensure that WBE is given appropriate mentioning in any possible end credits of the production, i.e. “Red One camera provided by West Bay Entertainment.”

22. This rental agreement is made in two identical copies. Each Party shall receive one copy.