Definitions and Interpretation
In this agreement “SIYW” means Shoot It Your Way and “client” refers to you, meaning the customer or potential customer.
The “equipment” means the cameras, batteries, chargers, case, tripod, and any other items supplied by us (SIYW) to you (the client) as part of the booking.
The term “event” means the agreed occasion of which the equipment is booked for.
Loss or Damage to Equipment
Deliveries & Collection
Privacy & Denial of Service
Payment of any monies payable to SIYW in respect of any agreement between the client and SIYW shall be made to SIYW before any equipment is dispatched. To secure the booking, the client will be required to pay a proportion of the fee up front in the form of a PayPal payment.
The payment will secure SIYW’s services for the date specified and bookings cannot be confirmed until this money has been received. The remaining balance is to be paid by the client no later than 4 weeks before the event starts. Full payment from the client is required before any equipment can be dispatched.
The client will be required to confirm the order in writing by submitting to SIYW a signed copy of this Hire Agreement together with proof of identification. These must be received by SIWY within 5 weeks after the initial payment.
If the paperwork has not been returned before the time of dispatch and SIYW is unable to contact the client, the booking will be cancelled and the full cancellation charge will apply.
To ensure the equipment arrives on the chosen date of hire, where possible SIYW shall dispatch all orders to arrive at least two days before the date of the event. In the unlikely event of courier misrouting or error, SIYW will endeavour to redeliver the equipment before 9.30am on the day of the event. Any times quoted for delivery by SIYW or the courier are to be treated as an estimate, and the client acknowledges that delivery may be postponed due to circumstances outside the direct control of SIYW. In such event, SIYW shall try their best to rectify the situation but if the equipment cannot be delivered on time by the courier, SIYW will issue a full refund and cannot be held liable for any damages, costs or penalties.
The hire period will run for 5-7 days inclusive of the days in which the equipment is delivered and collected. SIYW will arrange for delivery and collection via our courier company and delivery/collection times will be agreed with the client prior to the hire period.
SIYW agrees to hire to the client the following equipment: Sony HXR-NX30E Video Camera(s), batteries, battery charger, carry case and tripod(s). The number of cameras, batteries, tripods will depend on the package selected. The footage will be edited into a final video and supplied to the client within 8 weeks after the event in the format of a DVD.
The equipment on hire shall remain the absolute property of SIYW and the client has no right, title or interest in the equipment, except that it is hired to the client for an agreed period, with the client accepting responsibility for the safekeeping of the equipment whilst in their possession. Equipment must be returned by the client in the condition in which it was received and in good working order.
All equipment is checked prior to dispatch. It is the responsibility of the client to check upon receipt of the equipment that its in good working order & in an undamaged condition. SIYW will not be responsible for any defects or deficiencies in the equipment unless notification has been made in writing upon receipt of the equipment.
The client is solely responsible for the equipment, and those who use it, whilst it is in their possession and accepts full responsibility for loss or damage to the equipment. The client is also responsible for ensuring that the camcorders are filming and SIYW cannot be held responsible for lack of footage or poor quality of filming.
The client shall take adequate and proper measures to protect the equipment from theft, damage & other risks. The client shall not permit the equipment to be used outside of the UK or for any abnormal or hazardous assignments. The client shall notify SIYW of any change of address and upon SIYW’s request provide details of the location of the equipment.
Loss or damage to the equipment
The client shall not remove any labels from and/or interfere with the equipment or make any permanent modifications to it. The client will only use the equipment in a safe and correct manner in accordance with the operating manual/instructions supplied with the equipment. The client will notify SIYW of any loss or damage to any equipment on hire as soon as reasonably practical and where theft has occurred, the police should be informed.
The client shall not carry out or attempt to carry out any repairs to damaged equipment. Where equipment is returned with missing components, the client shall ensure that said components are returned to SIYW by either Royal Mail Special Delivery or an approved courier service within 2 working days of the pickup date. If the components are not returned by this time and no agreement has been made in writing between SIYW and the client, all monies owed for replacing said components will become immediately due and payable by the client. This includes but is not limited to batteries, chargers, SD cards, cases and other ancillary items connected with the equipment. Completion of the DVD by SIYW will only happen if all monies owed to SIYW by the client are made.
SIYW have an insurance policy in place that covers all equipment whilst on hire to the client.
The equipment will be left in the care of the client in good working order and any damage, loss or theft of the equipment whilst in their care will be charged to the client up to a maximum of £250. In the unlikely event that SIYW should have to make a claim, the client is responsible for the £250 excess in full.
SIYW will investigate all losses thoroughly. Where the loss is suspected to be by theft, the client has an obligation to report the loss to the police and to obtain a crime reference number without delay.
Please note that if the client does not abide by the conditions of cover or the claim is considered to be fraudulent, the client may be liable for up to the full value of the equipment and SIYW will take whatever action necessary to recover such costs.
SIYW cannot be responsible for the resulting lack of footage following a claim & completion of the DVD by SIYW will only happen if all monies owed to SIYW by the client are made.
In the unlikely event that SIYW cannot provide or carry out the services agreed upon, all fees paid by the client will be refunded. SIYW will take the utmost care with respect to delivery, editing and delivery of final video footage. In the event that circumstances arise that are beyond SIYW’s control, SIYW’s liability is limited. Circumstances beyond our control include, but are not limited to: acts of nature, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, fires, flood, storms, explosions, war, governmental actions, non performance of third parties, or loss or fluctuations of electrical power.
SIYW reserves the right to use any footage for promotional or any other purposes or public display. The video is produced for the client's personal, private, in-home use. The client assumes all liability for any form of copyright infringement and is responsible for any personal releases.
The client shall have the right to cancel the booking by written notice up to 7 working days after confirmation of the booking. In such cases, a full refund of the proportion of total fee paid will be made.
In respect of any order cancelled by the client after this period but earlier than 7 working days before the date of dispatch of equipment, the client shall be liable to pay SIYW a cancellation charge equal to half the agreed hire charge. If the client cancels the order any later than 7 working days before the date of dispatch, the client shall be liable to pay SIYW a cancellation charge equal to but not exceeding the total agreed hire charge.
The client shall at all times fully indemnify SIYW, its employees, servants and agents against all actions, losses, damages, costs, claims, demands, proceedings or liabilities arising from or in conjunction with equipment, use/condition/operation of the equipment, materials or any other services supplied to the client by SIYW. SIYW is not responsible for accident or injury caused directly or indirectly by the use of the rented equipment.
Deliveries & Collection
Where the carrier has made an attempt to deliver the equipment but the client has not been present to accept the delivery, the client will need to re-arrange the delivery for the next day.
Equipment must be made available for collection by the carrier on the day of pickup. The client must return the equipment as delivered using the appropriate packaging securely sealed. The client shall be liable for any loss of or damage to the equipment in transit resulting from failure to repackage as per these instructions.
In the event that the equipment is not returned within 24 hours of the pickup date and not withstanding carrier delays, the client will be charged a fee equal to a full day’s rental for each day that the equipment remains unreturned.
Where the equipment is not returned to SIYW immediately following the end of the Hire Period and the client has failed to either contact SIYW and explain the circumstances, or negotiate an extension to the agreed Hire Period (and SIYW has provided written confirmation of said extension), SIYW will conduct an investigation and may inform the police and report the equipment as stolen and will take steps to recover the equipment.
Privacy & Denial of service
All clients will be required to provide proof of identification in order to reduce the risk of loss by SIYW. All information submitted as part of the verification and application process will be treated in the strictest confidence. It is necessary for SIYW to be satisfied as to the good intentions of its clients where potentially expensive camera equipment is being hired. It is not the intention of SIYW to intrude into a client’s privacy except in so far as it helps to protect SIYW’s interests. Failure to provide any requested information may lead to SIYW declining to hire to the client.
SIYW reserves the right to refuse the order at any point where it is not satisfied with the provided documents and related checks. SIYW also reserves the right to use the client’s information as part of an investigation into any loss of equipment that might occur or in any perceived breach of this Hire Agreement.
If SIYW are not satisfied with the validity of either the intended client or the purpose for which the equipment is being hired, SIYW reserve the right to refuse hire and are not obliged to provide explanation for such a decision. The client’s statutory rights are not affected and all documentation provided will be destroyed.
All information gathered or received or relied upon by SIYW will be regarded as private and will not be shared or divulged to third parties. The exception will be in the event that the client fails to return the equipment and an investigation is conducted by SIYW, in which circumstances information may, as appropriate, be shared with the police, insurance companies and other interested parties in pursuance of recovering SIYW’s equipment.