Equipment Rental Agreement Terms and Conditions｜Dream Scenes Studio Equipment Rental Services in Hong Kong

This Rental Agreement (hereinafter referred to as the “Agreement”) is entered into by Dream Scenes Limited (hereinafter referred to as the “Company”) and the Renter (hereinafter referred to as the “Renter”).

By signing this Agreement, the Renter agrees to all terms and conditions set forth herein.

1. Amendments to Terms

1.1 The Company reserves the right to amend the terms of this Agreement at any time, but such amendments shall only apply to new orders or rentals and shall not have retroactive effect on Agreements already signed.

1.2 If any changes to the Agreement terms are required during the rental period, both parties must agree through mutual negotiation, and the changes must be confirmed in writing to be effective.

2. Disclaimer of Liability

2.1 The Company strives to ensure the accuracy of all pricing, descriptions, and availability information; however, these details are subject to change without prior notice.

2.2 The Company shall not be held liable for any direct or indirect losses arising from the use or malfunction of the equipment. The Renter assumes all risks. However, if the loss is caused by hidden defects in the equipment and not due to improper use by the Renter, the Company will provide a reasonable replacement or refund for the rental fee.

3. Equipment Inspection

3.1 The Company will conduct a thorough inspection of the equipment before delivery, upon pickup, and when it is returned.

3.2 The Renter is required to inspect and test the equipment upon delivery or pickup to confirm that it is in good working condition. Any issues must be reported to the Company immediately. Failure to notify the Company will be deemed as the Renter’s acceptance of the equipment in proper condition.

3.3 Any damage to the equipment during testing that is not caused by an inherent defect in the equipment will be the responsibility of the Renter.

4. Pickup, Return, and Usage

4.1 All rental equipment must be picked up and returned at the Company’s studio located on Wah Sing Street, Kwai Hing, Hong Kong, unless otherwise agreed upon in writing by both parties.

4.2 The Renter must hire at least one Dream Scenes (Ds) staff member to assist with equipment operation. This staff member will act as a lighting assistant. Fees are as follows:

• $2,800 per assistant per 8-hour workday.

4.3 Rental fees are calculated on a daily basis, regardless of actual usage time:

• Earliest pickup: 08:00
• Latest return: 23:00
• The minimum rental fee is $1,500 HKD per transaction

4.4 Transportation and On-site Operation: The Company’s staff is responsible for the transportation and on-site operation of the equipment. Working hours include the time required for transportation to and from the location.

4.5 Definition of Rental Period: The rental period begins when the equipment is picked up by the Renter or delivered to the Renter (whichever occurs first) and ends when the equipment is returned to the Company’s designated location in its original condition. Any delays in pickup or early return shall not affect the rental fee, which is calculated based on the agreed rental period.

5. Equipment Loss, Damage, or Alteration

5.1 In the event of equipment loss, damage, or destruction, the Renter must notify the Company immediately and return the equipment to the Company for inspection.

5.2 The Company will evaluate the extent of the damage and determine the necessary repair or replacement plan. The Renter shall bear all associated costs, which will be deducted from the deposit where applicable. These costs include:

• Repair costs.
• Full replacement cost if the equipment is irreparable or lost.
• Reasonable rental profit loss during the repair or replacement period.

5.3 The Renter shall not modify or alter the equipment in any way. If modifications or alterations are made, the Renter shall bear all restoration costs.

5.4 The Renter is responsible for all accessories provided with the equipment (e.g., bags, cables, chargers, batteries). Any loss of accessories will result in the full replacement cost being deducted.

5.5 Normal Wear and Tear: The Renter shall not be held liable for damage resulting from normal wear and tear during proper and intended use of the equipment. Normal wear and tear include, but is not limited to, minor scratches, fading, or mechanical depreciation under proper use. However, the Renter shall be held responsible for any other damage, including but not limited to damage caused by improper handling, such as dropping the equipment or exposing it to water or extreme temperatures, negligence, failure to follow the Company’s operating instructions, or intentional actions.

6. Rental Period and Late Return Penalty

6.1 If no other renters are scheduled, the Company may allow the Renter to pick up the equipment half a day earlier. However, this is at the sole discretion of the Company.

6.2 The Renter must return the equipment to the Company on the last day of the rental period (between 08:00 and 23:00) and ensure that:

• The equipment is returned in its original packaging provided by the Company.
• The equipment is clean and in good working condition.

6.3 If additional cleaning is required upon return, the cleaning fee will be deducted from the deposit.

6.4 Late Return Penalty: If the equipment is returned late, a penalty of three times the daily rental fee will be charged. If the equipment is not returned within seven days of the due date, it will be considered stolen. The Company reserves the right to take criminal and civil legal action and pursue all related losses and legal fees from the Renter.

6.5 If the Renter wishes to extend the rental period and there are no other rental arrangements for the equipment during the requested extension period, the Renter may continue to rent the equipment. The Renter must notify the Company at least 48 hours in advance, and the extension must be confirmed by the Company. The additional rental period will be charged at the regular rental rate, and the payment must be made immediately or deducted from the deposit.

7. Ownership of Equipment

7.1 All rented equipment remains the property of the Company. The Renter does not obtain any ownership or related rights to the equipment.

8. Deposit and Refund Policy

8.1 A deposit is required for all rentals, and the amount is determined by the Company.

8.2 The deposit will be refunded within seven (7) business days after the equipment has been inspected and verified. Deposits will only be refunded via the original payment method.

If any damage, loss, penalties, or other charges apply, the associated costs will be deducted from the deposit. If the deposit is insufficient to cover these costs, the Renter agrees to pay the remaining balance within seven (7) days of receiving the Company’s invoice. Failure to settle the outstanding balance will result in the Company pursuing legal action to recover the amount owed, along with interest and any associated legal costs. Late payments will also incur a surcharge of 5% of the outstanding balance per week.

9. Cancellations, Extensions, and Weather-Related Adjustments

9.1 Company Cancellation Rights: The Company reserves the right to cancel any order prior to the start of the rental period. In such cases, the Company will refund the payment but will not be held liable for any other responsibilities.

9.2 Renter Extensions: If the Renter requests an extension of the rental period, the Renter shall bear all additional costs and losses incurred by the Company.

9.3 Weather-Related Adjustments:

• Black Rainstorm or Typhoon Signal No. 8 or Above: If such warnings are issued within two hours before the scheduled rental time, the Company will allow the Renter to reschedule or cancel the rental without penalty.
• Red Rainstorm or Typhoon Signal No. 3: If such warnings are downgraded to Typhoon Signal No. 3 or Red Rainstorm within two hours before the rental time, the rental will proceed as scheduled. Specific arrangements shall be mutually agreed upon by both parties.

9.4 Rental Cancellations or Modifications: If the Renter wishes to cancel or modify a confirmed rental order, the following fees shall apply:

• Cancellation more than 48 hours before the scheduled rental period: 20% of the total rental fee.
• Cancellation within 48 hours of the scheduled rental period: 50% of the total rental fee.

Modifications to the rental order are subject to the Company’s availability and approval.

10. Breach of Contract

10.1 If the Renter fails to make payment, all outstanding amounts will become immediately due. The Company reserves the right to take legal action, including but not limited to:

• Recovering unpaid amounts through the Renter’s payment method.
• Hiring third-party collection agencies.
• Filing criminal or civil lawsuits.

10.2 The Renter shall bear all costs associated with debt recovery, including but not limited to legal fees, collection agency fees, and interest charges.

11. Renter Identity Verification & Data Protection

11.1 Renter Identity Verification: The Renter must provide the following documents:

• A valid Hong Kong Business Registration Certificate (if applicable),
• Valid identification (e.g., Hong Kong Identity Card or Passport), and
• Proof of address issued within the last three months (e.g., utility bill or bank statement).

The Company reserves the right to reject rental applications that fail to provide the required documents.

11.2 Personal Data Protection and Usage

• Document Archiving and Record Keeping: The Company will make copies or take photographs of the identification documents provided by the Renter and retain the records for internal use. If the Renter is a company, a valid Hong Kong Business Registration Certificate must be provided, and the person picking up the equipment must present valid identification.
• Scope of Use and Confidentiality: All records will be used strictly for purposes related to the rental transaction. The Company will take reasonable steps to ensure the security of such data and will not disclose it to third parties without the Renter’s consent, except as required by law.
• Data Retention Period: All personal data will only be retained for as long as necessary to fulfill the rental purposes and will be securely deleted thereafter.

12. Payment Terms

12.1 All rental fees and deposits must be fully paid before pickup. Refunds are made only via the original payment method.

Accepted payments: cash, FPS, or company cheques (no personal cheques). Cheques payable to Dream Scenes Limited. Bank transfer details:

Bank: The Bank of East Asia (Code 015)
Address: 10 Des Voeux Road, Central, Hong Kong
Account No.: 015-248-68-01864-5 (Savings)
SWIFT: BEASHKHH
Account Name: Dream Scenes Limited
FPS: +852 6973 4094

The Renter must provide proof of payment (e.g., payment receipt or transaction record) upon request by the Company. The Company shall not be responsible for any delays or issues caused by failed or incomplete payments.

12.2 Payment Terms for Foreign Companies

• If the Renter is a foreign company, the Company accepts payments in Hong Kong Dollars (HKD) or US Dollars (USD).
• The quotation will display amounts in both HKD and USD, with the exchange rate fixed at USD : HKD = 1 : 7.8.
• If the Renter pays via bank transfer, all related bank transfer fees must be borne by the Renter. The Company shall not be responsible for any additional fees or exchange rate discrepancies incurred during the transfer process.
• The Company will arrange the rental equipment only after confirming the receipt of the full payment amount (net of any transfer fees). If the payment is insufficient, the Renter must settle the outstanding balance before the transaction can proceed.

13. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. In case of any disputes arising from or in connection with this Agreement, the parties shall first attempt to resolve the matter through negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the matter to mediation or arbitration at the Hong Kong International Arbitration Centre (HKIAC) before initiating any legal proceedings. Should the dispute remain unresolved after mediation or arbitration, the parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong.

14. Language Discrepancy

In the event of any inconsistency or discrepancy between the Chinese and English versions of this Agreement, the Chinese version shall prevail for legal purposes. The English version is provided for reference only.