The Equipment Rental form is accepted and made effective by your use of the dwsstudio.com website. Additionally, by clicking on the “Place Order” button during the checkout process, You are expressly accepting, acknowledging and consenting to all terms and conditions contained herein, including but not limited to all provisions relating directly to dwsstudio.com services and the rental of items from dwsstudio.com. By clicking the “Place Order” button, You are also attesting that You understand and agree to the terms and conditions contained herein.

• Disclaimer: Every effort is made to assure descriptions and prices are correct. DWS Studio reserves the right to correct errors and make other necessary changes as needed. All prices and availability are subject to change without notice.
• Rental Period: The term of Rental Period shall be for the number of days indicated on the equipment rental form. The initial day of the Rental Period shall be the day the Equipment is released to the customer on day of use.
• Rental Fees: “Rental Fees” are the charges for renting the Equipment and security deposits, if applicable. All Rental Fees must be paid in full and in advance before the Equipment will be released.
• Cancellations: DWS Studio reserves the right to cancel any order, for any reason, at any time before first day of rental. Customer may cancel an order at any time, for any reason prior to such time as DWS Studio releases the Equipment to the Customer. Must be at least 24 hours prior to first day of rental.
• Damage or Loss: Damage or loss of the Equipment during the Rental Period is the sole responsibility of the Customer. DWSStudio strongly encourages Customers to obtain insurance covering the Equipment for the duration of the Rental Period. If the Customer has not notified DWS Studio of damage within one (1) hour of receipt of the Equipment, Customer hereby attests, understands and agrees that the Equipment was received in good and fully functioning order. Notice relating to damages to Equipment must be made pursuant to “Form of Notice Required by Customer.”

1. 1. In the event of loss of the Equipment, the Customer agrees to pay the total replacement cost of the Equipment to DWS Studio.
   2. In the event of damage to the Equipment, the Customer agrees to pay actual repair costs at the appropriate factory service center as selected by DWS Studio. DWS Studio reserves the right to select the means and method of repair for the Equipment. The Customer shall not make, or allow to be made, any repairs to, or attempt(s) to repair, the Equipment without prior, written authorization of DWS Studio. The Customer agrees to pay the total replacement cost of the Equipment to DWS Studio if any unauthorized repair or alteration is done to the Equipment. If the optional damage insurance is purchased from DWS Studio, the Customer agrees to pay a deductible of 10% of the total retail cost of the Equipment. The optional damage insurance does not cover water damage.
   3. In the event that the Customer alleges that the Equipment failed, was defective, or otherwise did not function properly, and denies or disputes that the Equipment was damaged while in Customer’s possession, the determination of the factory service center, as selected by DWS Studio will be considered binding concerning Equipment failure or damage, including the causation of same. Customer hereby consents to be so bound by the factory service center determination.
   4. DWS Studio’s acceptance of Equipment returned is not a waiver by DWS Studio of any claims against Customer for damage to the Equipment.
   5. The Customer is responsible for any and all damage to the Equipment resulting from improper packaging or storage of the Equipment being returned to DWS Studio.
   6. The Customer hereby consents that upon notifying DWS Studio that the Equipment has been lost or damaged, or upon DWS Studio’s determination that the Equipment has been lost or damaged while in the Customer’s possession, DWS Studio will determine the total replacement cost or repair cost of the lost or damaged Equipment and notify the Customer of the amount owed. Upon receiving notice of the total replacement cost or repair cost of the lost or damaged Equipment, the Customer hereby consents to make payment for the total replacement cost or repair cost of the lost or damaged Equipment within three (3) calendar days. If payment is not received by DWS Studio within three (3) calendar days of notice to the Customer of the total replacement cost or repair cost, the Customer hereby authorizes, consents and agrees that the total replacement cost or repair cost may be charged to the credit card used for payment of the Rental Fee.

• Default by Customer: If Customer fails to meet or satisfy any term, condition, notice or other obligation under this Equipment Rental form, including but not limited to the situations where the charges described in “Damage or Loss” remain unpaid following DWS Studio’s effort to charge the credit card used for payment of the Rental Fee, Customer shall be in default and hereby acknowledges and consents to the following actions that may be taken:

1. 1. DWS Studio may, at any time, institute a civil lawsuit seeking the recovery of the Equipment, or value of the same, any and all other available damages, and all attorney’s fees, costs and expenses. IN THE EVENT WHERE DWS Studio COMMENCES ANY SUCH LITIGATION AGAINST CUSTOMER, CUSTOMER HEREBY CONSENTS AND AGREES TO BE HELD RESPONSIBLE FOR AND SHALL PAY FOR ALL COURT COSTS, ATTORNEY’S FEES AND OTHER LITIGATION EXPENSES INCURRED BY DWS Studio.
   2. The account may be turned over to a collections agency. Additional attorney’s fees and collection fees incurred by DWS Studio will be the sole responsibility of the Customer, and the Customer consent and agrees to pay same. These fees are not waivable and the collection process will continue until these fees are collected, even if the Equipment is returned.
   3. DWS Studio reserves the right to seek a criminal indictment and obtain a bench warrant in the appropriate jurisdiction once the account is thirty (30) days old. Our collection agency may employ “skip tracers” or repossession agencies to collect the Equipment or goods sufficient to repay the value of Equipment. Customer hereby consents and agrees to his or her responsibility for the cost(s) of any “skip tracer” or repossession efforts of DWS Studio.

• Form of Notice Required by Customer: Customer hereby acknowledges and consents that any notice required to be provided to DWS Studio pursuant to this Equipment Rental form must be submitted using one of the following forms:
  1. Email: rentals@dwsstudio.com
  2. Certified Mail to: 2964 S. Rainbow Drive, Suite 316, Decatur, GA 30034.
• Ownership: The Equipment remains at all times the sole and exclusive property of DWS Studio. The Customer has no rights or claims to the Equipment. DWS Studio does not have or make any claim to images made by the Customer while using the Equipment, and disclaims any liability arising from said images.
• Out-of-Stock Equipment: Despite DWS Studio’s efforts to ensure Equipment is in-stock and that the dwsstudio.com web site accurately reflects Equipment stock, there may be times when the Equipment sought by Customer is unavailable. Equipment unavailability may delay fulfillment of a Customer’s order, and DWS Studio will rent Equipment as it becomes available. DWS Studio does not guarantee the availability of any Equipment, even if shown available on the dwsstudio.com web site. If Customer places an order and subsequently learns that the Equipment is out-of-stock or otherwise unavailable, the Customer may cancel the order 24 hours prior to the first day of rental.
• Failure by Customer to Meet Terms, Obligations, Conditions or Notices: In the event Customer fails to meet or satisfy any term, condition, notice or other obligation under this Equipment Rental form, Customer shall be in default and DWS Studio shall have, among other remedies, the full right to take immediate possession of the Equipment; to make a charge to the Customer’s credit card for the replacement value of the Equipment; and to pursue any and all legal remedies, including claims for any lost income. IN THE EVENT OF LITIGATION TO RECOVER ANY DAMAGES, CUSTOMER HEREBY CONSENTS AND AGREES TO BE HELD RESPONSIBLE FOR AND SHALL PAY FOR ALL COURT COSTS, ATTORNEY’S FEES AND OTHER LITIGATION EXPENSES INCURRED BY DWS Studio.
• Use of Equipment: Customer agrees not to use the Equipment for any purpose that is or may be deemed illegal, or immoral. Use of the Equipment in any such manner shall be deemed a default on the part of the Customer.
• Severability and Governing Laws: This represents the entire agreement between Customer and DWS Studio. If any portion of this agreement is found unenforceable, it will not affect the remainder of the Rental and Use Agreement, which shall remain valid and enforceable. The agreement shall be governed according to the laws of the State of Georgia.
• Governing Law and Dispute Forum: Customer hereby consents and agrees to the exclusive jurisdiction and venue of the courts of Dekalb County, Georgia for any and all disputes between Customer and DWS Studio, including but not limited to disputes:

1. 1. Arising out of, relating to, or otherwise concerning this Equipment Rental form, DWS Studio, use of DWS Studio services or Equipment, or use of the dwsstudio.com web site;
   2. In which this Equipment Rental form, DWS Studio, use of DWS Studio services or Equipment, or use of the dwsstudio.com web site is an issue or a material fact.