TERMS OF SERVICE.
Last updated: October 2026
Equipment Lease: Lessor agrees to lease the equipment listed on each separate Rental Project (defined in Section 2 below) to Lessee (the “Equipment”) and Lessee agrees to lease the Equipment from Lessor in accordance with the terms set out in this Contract and in each respective Rental Project.
Rental Projects: Any Equipment leased by Lessee from Lessor shall be set forth in a mutually agreed upon written quote and invoice (hereafter, each a "Project”). Each Project shall include or incorporate by reference, subject to agreement to the contrary, the following information, or the process for agreeing to the same: (a) a description of the Equipment being leased, (b) the duration of the term for which the Equipment is being leased, (c) the Rental cost for the Equipment, (d) the date upon which the Equipment is or will be picked up by Lessee and the location of the pickup (presumed to be Lessor’s place of business) or the delivery address if Lessor is to deliver the Equipment, (e) the date upon which the Equipment will be returned to Lessor and the pickup location if the Lessor is to pickup the Equipment, and (where applicable) the identities of parties who will have accept to or use of the Equipment.
Inspection: Lessee acknowledges that it, he or she has had enough time to inspect and test all of the Equipment and agrees that such Equipment is in good working condition, acceptable to Lessee, and free from damage or defect, latent defects or defects noted by Lessee excepted. Lessee assumes the risks inherent in inspection and testing and shall be liable for all damage caused to the Equipment and any property or persons resulting from the use of the Equipment by Lessee and/or its employees, agents and/or contractors, except to the extent resulting from the negligence or willful misconduct of Lessor (as defined herein) and provided that Lessor shall indemnify Lessee and its affiliates with respect to any Damages (defined below) resulting from Lessor’s negligence or willful misconduct. Subject to the foregoing sentence, Lessee acknowledges and agrees that Lessor assumes no liability, implied in fact or law, for the performance or non-performance of the Equipment once Lessee takes possession of the Equipment.
Equipment Pick-up & Return: Notwithstanding any part of any Project, Equipment will be picked up at Lessor’s place of business during Lessor’s business hours unless otherwise arranged with Lessor. Once Lessee physically picks up the Equipment from Lessor’s premises or the Lessor has delivered equipment to the Lessee at their specified location, Lessee is deemed to have taken delivery of the Equipment, and therefore assumes all risk of loss thereof, from the time Lessee takes possession of the Equipment. When the Equipment is shipped, any arrangements with common carriers are the sole responsibility of Lessee and must be paid for by the Lessee directly. If the Equipment is shipped to Lessee, Lessee is deemed to have taken delivery of the Equipment, and therefore assumes all risk of loss thereof, from the time Lessor places the Equipment in the control of the common carrier that was selected by Lessee. In the event a shipment must be arranged by Lessor, a minimum $50 shipping fee will be added. All Equipment shipped to Lessor by Lessee must be shipped prepaid. Lessee agrees to bear the risk of loss of the Equipment from the moment the Equipment is delivered to the common carrier that was selected by Lessee and until the Equipment is returned to Lessor’s premises. Returns will take place at the Lessor’s place of business during Lessor’s office hours by the appointed return time as specified in each Project or picked up by Lessor at the location specified by Lessee unless otherwise arranged with
Lessor. Same-day late returns may result in a late fee equal to 10% of the Rent applicable to the late Equipment or $50 flat fee. Equipment will not be deemed to have been returned until all of the following conditions have been met: (i) the Equipment has been returned to Lessor’s premises during normal business hours and (ii) an inventory has been completed by the parties at the time of return and a list of any missing or damaged Equipment has been compiled and agreed by Lessor and Lessee.
Rates, Charges, Etc.: Equipment rental rates are set forth in each respective Project. Throughout this Contract, the term “Rent” shall refer, overall, to the accumulated total cost to rent all of the Equipment in a specific Project and, specifically for each piece of Equipment, the cost to rent that piece of Equipment, all as set forth in the Rental Addenda and in this Section 6. Any conflict in Rent terms between this Contract and any Project shall be resolved in favor of the Project. Rent and terms of Rent payment are based upon credit information at the time of rental. Rental extensions (adding additional rental days or changing the drop-off date after Equipment pick-up) will include the per day rate of Rent of the additional days. Lessee may cancel a Project on written notice; provided that (i) there will be no charge or penalty if Lessee cancels a Project on at least one week’s notice; and (ii) cancellations that are less than one week from pickup may, at the sole discretion of Lessor, result in a fee of up to twenty percent (20%) of the Rent. Lessee may also change the Equipment in a Project at any time with no penalty; provided that to the extent Lessee cancels the rental of certain Equipment on less than one week’s notice, then Lessor may charge a penalty fee of 10% of the Rent for such canceled Equipment to the extent that Lessee does not replace such canceled Equipment with Equipment of equal or greater value in the applicable Project. A $50 cleaning fee may be charged for Equipment that is returned dirty (as reasonably determined by Lessor). If Rent payments are more than five (5) days past the due date, following notice from Lessor to Lessee, Lessor may, in its sole discretion, charge up to a $50 administrative fee and interest at a rate of 1-1/2% monthly. Lessee agrees to pay all sales and use taxes imposed upon the leasing or use of the Equipment, which will be charged by Lessor. In addition, Lessee shall be responsible for any carrier charges for shipping if Lessee chooses to have Equipment shipped. In no event shall interest accrue or be payable by Lessor with respect to any Lessee deposit or prepaid rent.
Damaged / Unreturned Equipment: If any item of Equipment is returned in an irreparably damaged condition or, for any reason (including, but not limited to, destruction, confiscation, theft or act of God), is not returned, Lessee shall pay Lessor the replacement value of such item (to include shipping costs). Lessee specifically agrees that the replacement value of each item of leased equipment is set forth in the applicable Project. If any Equipment is returned in a damaged (reasonable wear and tear excepted), but repairable condition, Lessee shall pay to Lessor the reasonable, verifiable and substantiated out-of-pocket cost of such repairs (to include shipping costs), which under no circumstances shall exceed the replacement value of such Equipment. Lessor shall have the right, in its sole reasonable discretion, to determine whether Equipment is damaged and, if it is determined to be damaged, whether the Equipment is irreparably damaged or not, in all cases, excepting reasonable wear and tear, and in all cases Lessee must be promptly notified of such damage as of the acceptance of such Equipment in accordance with Section 4 hereof. In addition to Lessee’s liability for the replacement or repair cost of damaged or unreturned Equipment, Lessee also agrees to pay the Rent on such damaged or unreturned Equipment until the Equipment has actually been repaired or replaced and returned to Lessor’s rental inventory; provided that any such amounts payable by Lessee shall not exceed the replacement value of the applicable Equipment. Lessee agrees to pay any amounts owing for damaged or unreturned Equipment in accordance with this Contract, by their card on file, or within 30 business days of Lessor’s invoice or written demand therefor. Without the express consent of Lessor, Lessee shall have no right of offset against any amounts owing hereunder for damaged or unreturned Equipment. Lessee's obligation to pay these charges shall survive the expiration or termination of this Contract. In no event shall Lessor’s acceptance of returned Equipment be deemed a waiver by Lessor of any claims that it may have against Lessee, including, without limitation, any claim for damage to the Equipment, reasonable wear and tear excepted.
Payment Method on File: As a condition precedent to Lessee taking possession of any Equipment under any Project, Lessee shall provide, and shall at all times during the term of this Contract maintain, a valid and current credit or debit card (the "Payment Method") on file with Lessor. The Payment Method shall be submitted by Lessee through the secure payment portal accessible via Lessor's website, and all associated cardholder data shall be collected, stored, and processed exclusively by Lessor's designated third-party payment processor (the "Processor"). Lessee acknowledges that Lessor does not itself retain full card numbers, security codes, or other sensitive cardholder data, and that the handling of such data is governed by the Processor's terms of service and privacy policy. Lessor shall have no liability for any unauthorized access to, or loss or misuse of, cardholder data while in the custody or control of the Processor, except to the extent resulting from the negligence or willful misconduct of Lessor.
Lessee hereby authorizes Lessor, through the Processor, to charge the Payment Method for any amounts due and owing under this Contract or any Project; provided that amounts owing for damaged or unreturned Equipment shall be charged only after the payment period outlined in the Damaged / Unreturned Equipment section hereof has elapsed without payment. Lessor may place a temporary pre-authorization hold on the Payment Method in an amount not to exceed the replacement value of the Equipment outlined in the applicable Project, which hold shall be released upon return of the Equipment and satisfaction of all amounts owing. Lessee represents and warrants that it is the authorized holder of the Payment Method, or has been duly authorized by the cardholder to provide it, and shall promptly update the Payment Method through Lessor's website should it expire or otherwise become invalid. Lessor may withhold the release of Equipment until a valid Payment Method is on file. Lessee shall not initiate any chargeback or dispute of a charge properly made in accordance with this Contract. The authorization granted herein shall survive the expiration or termination of this Contract until all amounts owing by Lessee have been paid in full.Card Processing Fee: A processing fee equal to three percent (3%) of the amount charged shall be added to any payment made by card. Such fee shall not apply to payments made by (i) Automated Clearing House ("ACH") transfer, (ii) in-person debit card, or (iii) check. Lessee may elect to pay by ACH transfer by submitting its bank account information through Lessor's website to the Processor, which shall store such information in the same manner as the Payment Method, and Lessee hereby authorizes Lessor, through the Processor, to initiate ACH debits from such account for amounts due and owing under this Contract or any Project. Lessee's election to pay by ACH, debit card, or check shall not relieve Lessee of its obligation to maintain a valid Payment Method on file as provided herein.
Equipment Location: The Equipment, or any part thereof, may not be removed from the United States, without the prior written consent of Lessor. Lessees who receive Lessor’s prior written consent to move Equipment outside the United States may do so by taking the Equipment with them on a place or if shipped, must be shipped through an established customs broker contracted by Lessee. Prior to any Equipment leaving the United States, said customs broker must register the equipment with United States Customs, using United States Customs Form 4455 (or its successor or replacement form), or obtain an ATA Carnet covering the Equipment. A certified copy of the registration form or a copy of the ATA Carnet must be provided to Lessor promptly after shipment.
Authorized Users: Lessee agrees to keep all Equipment leased hereunder in Lessee's (or a Lessee’s affiliate’s) sole custody and control and will not sublet or assign any Equipment without the prior written consent of Lessor. Lessee will only allow Lessee’s duly qualified employees and/or agents to use the Equipment and will not use any Equipment in violation of any applicable law, rule, or regulation, including, without limitation, foreign, federal, state, and municipal laws, rules, and regulations.
Title and Ownership: Lessee specifically acknowledges and agrees that Lessee is only leasing the Equipment, with no option or right to purchase the Equipment, and that all title to and ownership of the Equipment remains with Lessor. Lessee shall keep the Equipment free of all liens, levies, and encumbrances. Lessee agrees not to remove, alter, or conceal any tag, nameplate, marking, serial number, or other evidence of Lessor’s ownership on or affixed to the Equipment.
Insurance: Lessee is responsible and liable for the care, handling, and use of the Equipment while it is in the Lessee’s or Lessee’s agent’s possession or control. In certain cases and at Lessor’s discretion, for each Project, Lessee may opt to: a) have no insurance coverage and take full responsibility for all Equipment as defined in the Break It You Buy It Program, b) purchase an E3 Equipment Protection Program to limit liability for damage to Equipment, or c) purchase 3rd party rental insurance. If 3rd party insurance is provided by Lessee, or Lessor requires Lessee to provide insurance coverage for a Project(s), Lessee shall, at their expense and at all times during the term of the Project, maintain in full force and effect, insurance covering all equipment rented, from all sources, for full replacement cost, except vehicles which are at actual cash value and for loss of use (rents) of the equipment. Coverage must begin from the time the equipment is in Lessee’s or the Lessee’s agent’s possession, care, custody, and control until the time the equipment is returned. Insurance must cover liability and equipment damage, loss, or theft. Lessee shall deliver to Lessor evidence of the insurance coverage as a Certificate of Insurance showing liability coverage, auto coverage (if applicable), and property coverage, before taking possession of the equipment. Such insurance shall be written by reputable insurers acceptable to Lessor. Insurers shall agree to be the primary insurers of the leased equipment during the term of the Contract. Notwithstanding this paragraph, Lessee shall remain primarily liable to Lessor, which may enforce its remedies directly against Lessee without resort to Lessee’s insurance. If the Equipment being rented includes a truck, van or other automobile, Lessee is required to have auto insurance coverage for the driver of that vehicle. See the Insurance Requirement section of the Rental Application for all requirements of the Lessee regarding insurance.
Credits: For productions that have credits appearing at the end of the film, and when possible, Enigma 3 shall be credited appropriately for equipment and services rendered. For example, Grip & Lighting equipment provided by Enigma 3. Media to use in the credits can be downloaded from the Press Kit section of the Resources page of our website at www.enigma3.com
Indemnity; Collection Costs: Except to the extent arising out of, connected with, or resulting from the gross negligence or willful misconduct of Lessor, Lessee agrees to indemnify Lessor and to hold Lessor harmless from and against any verifiable and substantiated third-party claims, actions, suits, proceedings, costs, expenses, damages and liabilities (collectively, “Damages”), including, without limitation, reasonable outside attorney's fees, court costs and collection agency costs, directly arising out of, connected with, or resulting from: (i) any Equipment or services provided hereunder or in connection herewith, including, without limitation, Damages arising out of, connected with, or resulting from the selection, delivery, possession, use, operation, conduct, or return of said Equipment; and (ii) the breach by Lessee of any covenant, agreement, representation or warranty made herein.
Signer Authority / Liability: If Lessee is a corporation, limited liability company, or other entity, Lessee warrants that the person signing this Contract on behalf of such entity has full authority from such entity to sign this Contract on behalf of the entity.
Review of Agreement: Lessee hereby acknowledges that, before execution hereof, Lessee has read this Contract and fully understands all of its provisions.
Force Majeure: Neither party hereto will be liable for any acts or any failure to act to the extent occasioned by a “Force Majeure Event,” which is hereby defined as an act of God; fire; flood, earthquake, storm, hurricane or other natural disaster; national emergency; war; terrorist activity (or related security or safety concerns); labor dispute, strike or lockout; breakdown of origination or telecommunication, internet, transmission or electricity facilities; epidemic or pandemic, quarantine restrictions and/or similar or related action by a government authority; interruption or preemption due to an event of overriding public interest or importance; venue destruction or damage; legal enactment, government order or regulation and/or any other similar/dissimilar cause beyond the reasonable control of the party affected thereby.
Miscellaneous: This Contract, any documents attached hereto, and each Project together constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cannot be modified, supplemented, or amended except by a written instrument executed by the parties hereto. If any provision of this Contract is illegal, such provision shall be curtailed, limited, or eliminated to the extent necessary to remove such illegality or conflict, and, as so modified, this Contract shall continue in full force and effect. No waiver by one party of a breach or default by the other party shall be deemed to be a waiver of any preceding, continuing, or succeeding breach of the same or any other provision of this Contract. This Contract shall be subject to and construed in accordance with the laws of the State of Utah.
INSURANCE REQUIREMENTS
Explanation: Insurance protects the Lessee and Lessor from expensive accidents, thefts or other incidents. It is highly recommended that all productions have insurance coverage to include rental equipment and liability. Equipment coverage will protect from damage and loss of equipment; liability coverage will protect from claims and lawsuits due to injury or damaged property. In some cases insurance is required before equipment will be released, however, not all rentals will require insurance coverage. In order to provide the best service possible, Enigma 3 now offers its own equipment protection program. Listed below are the different options available to you when renting gear from Enigma 3. It is at Enigma 3’s sole discretion as to which options are available to each Lessee for each rental. All options may not be available to you or for each rental.
OPTION 1: NO INSURANCE, BREAK IT YOU BUY IT PROGRAM
For projects where the replacement value of the rented equipment is less than $20,000, Lessee may opt to take the equipment without having insurance coverage. Lessor may, at its discretion, place a hold on the Lessee’s credit card or charge a refundable deposit that is no greater than the replacement value of the equipment prior to releasing said equipment. In the event that a piece of equipment is not returned or is returned damaged, destroyed or otherwise, Lessee will pay the repair or full replacement cost of the equipment.
OPTION 2: E3 EQUIPMENT PROTECTION PROGRAM
For projects where the value of the rented equipment is less than $50,000*, Lessee may elect to pay an additional 10% of the rental cost to Lessor for a limitation of liability for damaged equipment. When purchased, this protection program limits Lessee’s liability in the case of damage caused by ordinary negligence of the Lessee on covered equipment. Lessee’s maximum liability of damage is the lesser of 10% of the replacement cost of the equipment or the actual cost of repair. This protection program does not cover:
Damage caused by gross negligence of the equipment
Water damage
Intentional damage or abusive use of the equipment
Equipment that is lost, stolen or otherwise not returned
Vehicles
If equipment is not returned to the Lessor, Lessee will not be covered by this protection program for those items and will be liable for the full replacement value of said equipment. This protection program does not provide any liability coverage, only coverage for damaged equipment.
* Some items may not qualify under the E3 Equipment Protection Program even if the replacement value is less than $50k.
OPTION 3: 3RD PARTY INSURANCE
This is the best option for coverage as it will include equipment damage and replacement as well as liability coverage. This option may be required depending on what equipment is included in the rental package. Worker’s compensation coverage is not required by Enigma 3.
Lessee’s insurance shall name Enigma 3, LLC as "Loss Payee” for loss or damage to the equipment rented and “additionally insured”; and all policies shall provide notice of modification or cancellation prior to the start of the Contract. Limits shall be sufficient to encompass all property at risk, regardless of source, but in no event less than the full replacement value of the rented equipment.
Lessee’s insurance shall name Enigma 3, LLC as “Loss Payee” for property coverage and “Additionally Insured” with regards to liability coverage and shall be deemed primary insurance in the event of any claim or negligence. Liability insurance shall meet the following minimums:
Commercial General Liability: $1,000,000 per occurrence & annual aggregate
Foreign Liability: if filming outside the U.S.A. and Canada: $1,000,000 per occurrence limit
Aircraft Liability: if filming from an aircraft: $5,000,000.
THE RIGHTS OF THE RENTAL COMPANY ARE NOT AFFECTED BY LESSEE’S NON-PERFORMANCE. Lessee’s insurance shall agree that the rights of Lessor under the insurance coverage as described in the preceding paragraphs shall not be affected by any act or neglect or breach of condition by Lessee, other than non-payments of insurance premiums which is insurance fraud.
AUTO INSURANCE
If Lessee rents any truck, van or other automobile, auto insurance is required to be maintained in full force and effect throughout the rental period. Automobile liability coverage must be $1,000,000 combined single limit. There are four options for obtaining auto insurance:
Include auto coverage on a production insurance policy.
Purchase a commercial insurance policy through an auto insurance company.
Add vehicle rental insurance to a personal auto insurance policy*.
Add the specific vehicle being rented to a personal auto insurance policy*.
*With these options, the driver of the vehicle must be the policy owner.
Contact us
Enigma 3, LLC
197 East 1600 North #101, Vineyard, UT 84059
[email protected] | (801) 901-8303