Rental Agreement

DadCam Rentals by Nightfox Films
300 E 3rd St #610
Jamestown, NY 14702
info@dadcamrentals.com | 585-512-8999

1. Parties

This Rental Agreement ("Agreement") is between Nightfox Films (DBA "DadCam Rentals"), a business with a mailing and returns address in Jamestown, New York ("Company," "we," "us"), and the individual renting equipment ("Renter," "you"). By accepting this Agreement, you agree to all terms below.

2. Rental Term

Start date. Your rental period begins on the first successful delivery confirmed by the carrier, as shown in tracking.

Due date. Your rental ends on the Return Due Date listed above. Your return is on time if the carrier acceptance scan (the drop-off scan) is on or before the due date.

Grace period. We know plans can shift. Every rental includes one free calendar day after the due date to get the return scanned by the carrier.

3. Payment

We accept credit and debit cards. We do not accept Venmo, Zelle, or cash as primary payment. Full payment always completes before equipment ships, under either payment path below. When both paths are available to your order, you choose which one applies at checkout; the total price is the same either way.

Pay-in-full bookings. Unless you choose the reservation-payment schedule below at checkout, the full order total is charged at booking. Your order is not confirmed until payment is received and you have accepted this Rental Agreement.

Reservation-payment bookings (Payment Schedule). If you choose the reservation-payment schedule at checkout (available at your option on orders booked 35 or more days before the rental start date with a post-discount pre-tax order total of $150 or more), your order is paid as follows:

• At booking: a $100 reservation payment is charged to your card, and your card is saved for the balance charge. Your order is confirmed once the reservation payment is captured and you have accepted this Rental Agreement.
• Reminder: about 35 days before your rental start date, we email a reminder stating your remaining balance (plus applicable sales tax, calculated on the charge date), the charge date, and the last four digits of the card on file.
• Automatic balance charge: 28 days before your rental start date, the remaining balance (order total plus applicable tax, minus the $100 reservation payment) is charged automatically to your saved card. No action is needed from you.
• Free cancellation window: cancel at any time before the first balance charge attempt (via the website cancellation page or email) for a full refund of everything you have paid, including the reservation payment. Eligibility is judged by when your cancellation request is received, not when it is processed.
• Failed balance charge: if the balance charge fails, we email you a secure payment link and retry automatically over the following days. If the balance remains unpaid 7 days after the first charge attempt -- or you cancel during that 7-day window -- the reservation is cancelled, your dates are released, and the $100 reservation payment is retained (see Section 10).
• After the balance is charged, before shipment: cancellation refunds the balance (including tax) in full; the retained amount is the lesser of $100 or 50% of the pre-tax order total (see Section 10).
• Stored-credential authorization: the checkout disclosure you accept at booking states the balance amount and the charge date, and authorizes the scheduled charge to the card you provide (see also Section 15).

4. Shipping

We ship your kit fully tested with batteries charged, memory included, and a prepaid return shipping label in the box. We cannot guarantee specific delivery dates -- carrier estimates are provided as a courtesy only.

Standard shipping is free, both ways. Round-trip shipping is included in your rental price. Return shipping uses the prepaid USPS label we provide -- just seal the box and drop it at any USPS location. Do not use a different shipping method unless we agree in writing. Using an unapproved shipping method may result in late fees if the return is delayed.

Early arrival. We may mail your kit ahead of its normal schedule when our shipping team will be unavailable. Any extra possession time before your confirmed rental dates is free, and your confirmed return date does not change.

Rush shipping. If you need the kit sooner than standard shipping can deliver, we offer paid rush shipping at checkout. The price is the actual carrier cost for your address, rounded up to the next $10, plus a rush fee. Rush shipping is non-refundable once we have bought the label, because that postage is spent whether or not the rental goes ahead. Cancel before we buy it and it refunds in full with the rest of your order. Your return leg stays free either way.

5. Equipment Care

You agree to:

• Use the equipment only for its intended purpose (recording video)
• Not transfer, sublend, or rent the equipment to any other person
• Keep the equipment in a safe, dry environment
• Return the equipment in the same condition you received it, normal wear excepted
• Not attempt repairs or modifications

You are responsible for the equipment from the moment it is delivered until the carrier scans the return package.

Condition reporting. If you notice any damage or defect when you receive the equipment, you must notify us within 24 hours of delivery by email or phone. Any damage not reported within 24 hours is presumed to have occurred during your rental.

6. DadGuard Protection

DadGuard is a single order-level choice. The plan you select applies to every camera and add-on item on your order; there is no separate per-camera or per-tripod coverage charge. The fee is a flat dollar amount set by the plan you choose, the number of cameras on the order, and your rental dates. It is included in the one kit price shown at checkout before you pay and on your order confirmation.

If you selected a DadGuard plan, coverage is as follows:

DadGuard: Covers accidental damage to the equipment body and included accessories, provided the equipment is physically returned. Your liability under DadGuard is capped at the lesser of actual repair cost or 10% of the equipment's replacement value.

DadGuard does NOT cover:

• Water or liquid damage
• Sand or particle damage
• Sun exposure or sensor burn
• Intentional damage or gross negligence
• Theft, loss, or non-return of equipment
• Missing accessories or kit items

DadGuard+: Everything in DadGuard, plus coverage for theft, fire, lightning, windstorm, and total loss. Your liability cap is the same as DadGuard (lesser of repair cost or 10% of replacement value).

Mechanical failure refund (DadGuard+ only). If DadCam determines through post-rental inspection that the equipment experienced a mechanical failure not caused by the renter, you are eligible for a refund of the rental price (excluding shipping and DadGuard+ fees). This determination is at DadCam's sole discretion. User error - including failure to charge batteries, incorrect settings, or failure to follow provided instructions - is not mechanical failure.

DadGuard+ does NOT cover:

• Water or liquid damage
• Sand or particle damage
• Sun exposure or sensor burn
• Intentional damage or gross negligence

No DadGuard: You are responsible for the full cost of any damage, repair, or replacement.

7. Equipment Issues

Our cameras are vintage electronics. We inspect, test, and verify recording function before every shipment, but we cannot guarantee uninterrupted operation.

If you experience an equipment issue during your rental, contact us promptly by email or phone. We will work with you to troubleshoot the problem. If we determine that the equipment is non-functional and the issue cannot be resolved remotely:

• We may, at our discretion and subject to inventory availability, ship a replacement camera.
• If a replacement is not available or practical, we will issue a pro-rated refund for the remaining unused rental days from the date you reported the issue.
• If you selected a footage plan, we will process whatever footage was captured. If no footage exists, the footage plan fee will be refunded.

You are not liable for equipment malfunction that occurs during normal use through no fault of your own. This section is your sole and exclusive remedy for equipment malfunction not caused by your actions. If you selected DadGuard+, see also the mechanical failure refund benefit in Section 6.

8. Late Returns

If we still do not see a carrier scan after your free late day, please get in touch so we can help:

• Late fee: Beginning on the second calendar day after the due date, a flat $10 fee applies per rental order for each additional calendar day until the carrier scans the return.
• Late fee cap: Total late fees will not exceed the equipment's replacement value.
• Overnight shipping surcharge: If your late return requires us to ship a replacement unit overnight to another customer, you will be charged the actual overnight shipping cost incurred.
• Overdue status: If equipment is not returned within 7 calendar days of the due date, we may treat the equipment as non-returned (see Section 9).

9. Non-Return

If equipment is not returned within 7 days of the due date, we will:

1. Notify you by email and phone
2. Issue a replacement invoice for the full replacement value of the equipment and all kit items
3. Charge the payment method on file for the replacement amount
4. Pursue collections, small claims court, and/or file a police report as appropriate

The replacement value for your equipment is disclosed on your order confirmation. Replacement values are based on the cost to fully replace the camera body and all kit items at current market prices plus a 65% sourcing and preparation markup.

10. Cancellation

Pay-in-full bookings, before shipment: Full refund, no questions asked.

Reservation-payment bookings, before shipment: a full refund of all amounts paid at any time before the first balance charge attempt. From the first balance charge attempt onward:

• If the balance charge failed and the balance remains unpaid -- or you cancel during the 7-day payment window -- the $100 reservation payment is retained and any other amounts paid are refunded.
• After the balance is successfully charged, the balance (including tax) is refunded in full; the retained amount is the lesser of $100 or 50% of the pre-tax order total.

After shipment (any booking): You will receive a refund of all rental fees minus the lesser of:

• $100 per shipment, OR
• The actual 1-day rental rate for the cancelled camera(s)

This post-shipment $100 is a separate charge from the $100 reservation payment and is calculated independently of any amount already retained under the Payment Schedule.

Once your kit has shipped, the round-trip shipping included in your rental is non-refundable.

11. Early Returns

If you return the equipment before the due date:

• We will reprice your rental to the actual number of days used, rounded up to the next standard duration tier (3, 4, 7, 10, 14, 21, 30, 45, 60, or 90 days). The difference between your original price and the repriced amount is refunded.
• DadGuard fees are recalculated for the repriced rental period.
• Last 20% rule: No repricing or refund if you return in the final 20% of your rental period. For example, on a 7-day rental, no refund after day 6. On a 14-day rental, no refund after day 12.

12. Extensions

Need more time? Contact us before or on your due date to extend.

• On-time extension (requested on or before the due date): 10% discount on the extension price.
• Overdue extension (requested after the due date): Full price, no discount. Any late fees already incurred still apply.

Extension pricing uses the same duration tiers and rates as new rentals. A separate invoice is issued for the extension.

13. Missing or Damaged Items

At return, we inspect all kit items against the original kit checklist. If any items are missing or damaged beyond normal wear:

• Missing items are invoiced at our cost to replace them (caps, bags, cables, batteries, memory cards, and all other kit items).
• Damaged items not covered by your DadGuard plan are invoiced at repair or replacement cost.
• Cleaning fee: A cleaning fee may be charged if any of the following must be removed from the equipment upon return: smoke residue, mud, sand, dirt, chalk, powder, or any other foreign matter.

Consumable shipping materials (boxes, tape, labels) are not charged -- you do not need to return those.

14. Post-Production and Footage Delivery

Every rental includes footage delivery. Your selected plan:

• Raw Footage (included): Your clips ripped from the card, delivered as MP4 files via cloud link. Turnaround: 24-48 hours from camera return.
• VHS Edit: Everything in Raw Footage, plus one edited film per camera in the order, cut in recording order with nothing left out, color corrected and audio leveled. Turnaround: 1-2 weeks from camera return.
• Highlight Film: Everything in Raw Footage, plus one film cut to a song of your choice, with every camera angle synced into it. Turnaround: 2-4 weeks from camera return.
• Anniversary Edit: Everything in Raw Footage, plus one 15 to 20 minute best-of film with every camera angle synced into it. Turnaround: 2-4 weeks from camera return.

If you add an edit, your raw footage is delivered first, on its own link, and your edit follows on a second link when it is ready.

Each edit is bought on its own. Buying more than one is charged at a combination price, which is less than the sum of the separate edits. Edit plans are priced as a flat order total set by the number of cameras on your order. The price does not change with the length of the rental. Your plan is included in the one kit price shown at checkout and on your order confirmation.

Footage delivery begins after the camera is returned and your account is current (no outstanding invoices or late fees). If your account has an unpaid balance, delivery is paused until settled. Download links are active for 30 days after delivery.

15. Card-on-File Authorization

By accepting this Agreement, you authorize Nightfox Films to charge the payment method used for this rental for all amounts due under this Agreement, including but not limited to:

• The scheduled balance charge on reservation-payment bookings -- the amount and charge date disclosed and accepted at checkout (Section 3)
• Late return fees
• Non-return replacement charges
• Missing or damaged item charges
• Damage repair costs not covered by DadGuard
• Return shipping adjustments
• Collection costs where permitted by law

You will receive an itemized invoice by email before or at the time of any additional charge. For reservation-payment bookings, your acceptance of the checkout disclosure -- which states the balance amount, the charge date, and that the card you provide will be saved and charged -- is your express authorization for the scheduled balance charge; the card's last four digits are restated on your confirmation email and the pre-charge reminder.

16. Default

A failed scheduled balance charge on a reservation-payment booking before shipment is NOT a default under this section and triggers no collection activity. The exclusive remedy for an unpaid pre-shipment balance is the Payment Schedule process in Section 3: a secure payment link, automatic retries, and -- if still unpaid 7 days after the first attempt -- cancellation of the reservation with the disclosed $100 retention (Section 10).

For all other invoices issued under this Agreement -- late return fees (Section 8), non-return replacement charges (Section 9), missing or damaged item charges (Section 13), and any other charge authorized under Section 15 EXCEPT the scheduled balance charge: if your payment method cannot be successfully charged within 24 hours of the invoice being issued, you are considered to be in default. In the event of default, you are responsible for all reasonable expenses incurred in collecting the amount owed, including collection agency fees and attorney's fees. We may pursue all civil and criminal remedies available under law.

17. Indemnification

You agree to indemnify and hold harmless Nightfox Films, its owners, employees, and agents against any and all claims, damages, losses, or expenses (including attorney's fees) arising from your use, possession, or return of the equipment, including but not limited to claims by third parties for personal injury or property damage.

18. Limitation of Liability & Warranty Disclaimer

Our total liability to you for any claim arising from this rental (including equipment malfunction, data loss, or missed events) is limited to a refund of the rental charges paid. We are not liable for any indirect, incidental, or consequential damages, including lost revenue, missed footage, or event costs.

The equipment is provided as-is for the rental period, without any warranty or guarantee of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. We test all equipment before shipment, but we do not guarantee uninterrupted operation of vintage electronics.

19. Governing Law and Disputes

This Agreement is governed by the laws of the State of New York. Any disputes will be resolved in the courts of Chautauqua County, New York. If we prevail in any legal action to enforce this Agreement, you agree to pay our reasonable attorney's fees and court costs.

20. Entire Agreement

This is the complete agreement between you and Nightfox Films regarding this rental. It replaces any prior conversations, emails, or understandings. We reserve the right to update these terms for future rentals. Any changes to the terms of this specific rental must be agreed to in writing by both parties.