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Liability


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Hello everyone,

 

I was wondering if anyone can give me some advice on the terms and conditions on hiring out film equipment.

 

We own a Red and whenever we hire it out to people one of our terms is that if anyone except for me (the DP) damages or loses a certain part of the camera then they will be held liable.

 

We've hired our Red (with me as the DP) many times over without anyone complaining about our terms, until now. Basically they feel since I'm the DP I should be responsible for any and all damages or loss of equipment. I just want to know if what they're asking is fair since they want to remove that liability clause.

 

:) J.J.

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Theoretically, contracts can be anything. If both parties agree and make sufficient gestures towards that (signatures on a paper contract) then each is liable to their terms. That's it and that's all. If it were my gear and they proposed they weren't liable for their actions, I wouldn't rent to them. The mere fact they think this way tells me to stay away from them. Even with a rock-solid contract, people with broken brains are a big hazard. If they can't think right, they can't act right.

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