INTRODUCTION AND ACCEPTANCE OF THE TERMS OF SERVICE
Please read these terms carefully as they contain important information regarding your legal rights, remedies, and obligations. We know it’s long, but we had to cover a lot of things.
The V7 community and its relationships are built on trust and respect. Disputes are very rare, but if there are any issues, we will always do our best to help our Clients resolve them quickly and fairly.
Ventra7, LLC (hereinafter, “V7”, “we”, or “us”), is a facilitator and the owner of Ventra7.com and the authorized representative on various other platforms through which V7 facilitates the listing and rental or purchase of equipment (including but not limited to production (video, lights, audio, etc.) equipment, photography equipment, props, automobiles, watercraft, aircraft, and drones), physical locations, and other equipment (collectively, hereinafter, “Listing” or “Listings”).
By using the V7 Services, signing up as a Client of the Brokerage, creating a Listing, and/or renting or purchasing a Listing, you agree to the The Terms herein which constitute a binding legal agreement between you and V7.
General Terms and Conditions
V7 facilitates and enables Listing owners or vendors (hereinafter, “Owners”), who are lessors of Listings, and renters (hereinafter, “Renters”), who are lessees of Listings, to arrange for the rental of Listings. V7 also facilitates and enables Listing sellers or vendors (hereinafter, “Sellers”), who are sellers of Listings, and buyers (hereinafter, “Buyers”), who are purchasers of Listings, to arrange for purchases of Listings.
When you provide us information and documentation about yourself and/or your business, you represent and warrant to us that 1) any document, including a government-issued identification document, that you provide to us is an accurate and unaltered image of the original document that is without error, and 2) that you have all necessary permissions to provide such documents to us and your submission of such documents to us will not violate any law or regulation or cause us to be subject to any investigation, prosecution or legal action. We may disclose your submitted document(s) or certain information and documentation, including personal information and documentation, you provide to our third-party service providers, investigators, and/or law enforcement agencies that may help us to detect inaccurate or fraudulent documents and related information.
Client Information and Documentation Updates: You promise to update the information and documentation you have provided to us in the event of any changes to your identity information and documentation, contact information, or background. You promise to, and are solely responsible for, keeping your contact information up-to-date, as V7 may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address, unless you provide updated contact information and documentation to us.
You promise to, and are solely responsible for, immediately reporting to V7 any and all of your felony criminal convictions and you agree that you have an ongoing duty to report any and all of your new felony criminal convictions. V7 does not represent or warrant that we have taken any steps to run a criminal or other background check or otherwise make an assessment of a Client’s (individual or business) integrity or character.
V7’s Role: V7’s responsibilities are limited to: (i) facilitating the availability of the Brokerage; and (ii) serving as the limited payment collection agent of each Owner or Seller for the purpose of accepting payments from the Renter, Buyer, or third-party cardholder and/or bank account holder on behalf of the Owner or Seller, while assessing any applicable rental fees, purchase prices, transaction fees, rental cancellation fees, late rental drop-off fees, Service Fees (Owner or Seller service fees), Community Fees (Renter or Buyer service fees), Owner or Seller Profits (Owner or Seller profits after Service Fees are collected by V7), Listing fees, insurance fees, deductibles, security deposits, any amounts owed by the Renter, Buyer, or third-party cardholder and/or bank account holder to the Owner or Seller, or V7, and/or any amounts that the Renter, Buyer, or a third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder, via their bank, dispute a charge to any of the third-party payment processors and/or service providers that we may use on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees (hereinafter, collectively known as “Transaction Costs”).
As an Owner, you agree to grant V7 the right to allow the Renter use any Listings rented by them. As a Seller, you agree to grant V7 the right to allow the Buyer purchase and obtain any Listings purchased by them. As an Owner or Seller, you agree to fully authorize V7 to enter into agreements that include the aforementioned rights. You understand and agree that V7 does not act as an insurer, broker, or as your contracting agent.
Renters, Rental Period, and Renter Liability
The period of time between when the Owner (or the Owner’s Authorized Person) releases custody and control of the Listing to the Renter (or the Renter’s Authorized Person) and when the Renter (or the Renter’s Authorized Person) returns custody and control of the Listing to the Owner (or the Owner’s Authorized Person) is known as the “Rental Period.” A Renter must request an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Owner may accept the Rental Period that the Renter requests. A Renter must request any modifications to an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Owner may accept to any modifications to Rental Period that the Renter requests. Any Renter modifications to the Rental Period that are not accepted by the Owner are not authorized and may result in V7 or the Owner making a police report against the Renter and pursuing legal action against the Renter.
If the Renter damages, loses, steals, converts, transfers custody and control to a third-party of, and/or fails to return the Owner’s Listing, within the Rental Period, the Renter agrees that they are liable for and agree to immediately pay for the repair or replacement of the Owner’s Listing, up to the specified limit purchased and/or the Replacement Value of the Listing (as provided on the Listing when a Renter requests a Listing) and/or the amount not covered by a Renter’s coverage option or insurance policy, and/or the entire deductible amount (if applicable) for the coverage option or insurance policy that covers the Listing. Renters are not liable for pre-existing damage or issues with an Owner’s Listing, if there is proof of pre-existing damage or issues or if the pre-existing damage or issues are not caused by the Renter’s rental and use of the Listing. We always recommend that both Owners and Renters use rental check-sheets and thoroughly inspect Listings that they rent.
V7 is not liable for a Client’s (or the Client’s Authorized Person) deceptive or fraudulent acts, voluntary parting of Listings, the theft of Listings, and/or any other loss caused by Client’s (or the Client’s Authorized Person) deceptive or fraudulent acts and a Client’s (or the Client’s Authorized Person) use of V7 Services.
NOTE: AS STATED ABOVE, THE BROKERAGE IS INTENDED TO BE USED TO FACILITATE OWNERS OR SELLERS AND RENTERS OR BUYERS CONNECTING, COMMUNICATING, LISTING, RENTING, AND/OR PURCHASING LISTINGS. V7 CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND/OR THE EQUIPMENT, LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTINGS. V7 IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY RENTALS OR PURCHASES WILL BE MADE AT THE CLIENT’S OWN RISK. IN NO EVENT SHALL V7 BE LIABLE TO A USER, CLIENT, OR A RELATED THIRD-PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY USERS, CLIENTS, POTENTIAL DEALS, AND LISTINGS OR THE INFORMATION PROVIDED BY OR THROUGH V7 SERVICES. WHILE V7 WILL EXPECT A CLIENT OR A RELATED THIRD-PARTY TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, V7 WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
Insurance Policies, Damage Waiver (Damage Only) Agreement, Damage Waiver Pro (Damage + Theft) Agreement, and Client Responsibilities
Disclaimer: V7 is not an insurance provider, broker, or agent. V7 is not licensed in any state or country to be an insurance provider, broker, or agent.
The following provisions are subject to Client’s compliance will all other terms and obligations under the Terms. Failure to comply with any terms and obligations under the Terms may result in a Renter’s or Owner’s full responsibility for damage, theft, and/or loss of a Listing, and the Renter’s or Owner’s agreement to pay for the repair or replacement of the Listing, even if a damage waiver coverage option or insurance policy was purchased or used by the Renter. The determination of whether a Client has complied with all other terms and obligations under the Terms is at the sole discretion of V7.
Currently, V7 does not provide insurance or any other kind of coverage for Listings. By renting, as a Renter, you understand and agree that you must have adequate and applicable insurance for rental of Listings. Further, by renting, you agree to provide the Owner with an insurance certificate, generated by a licensed insurance provider, carrier, broker, or agent, that confirms your adequate and applicable insurance for rental of spaces, automobiles, and/or drones. V7 can not provide claim processing support or dispute resolution for Listings.
Owners and Renters are also bound by any and all applicable terms and policies of any insurance provider, carrier, broker, or agent involved in the transactions. V7 recommends that you carefully read and understand any policy documents which may apply to a rental.
As a Renter, you agree to initiate a claim under your own or an associated third-party’s insurance policy (homeowners policy, tenant/renters policy, equipment policy, etc.) for any damage to or theft of the rented Listing before V7 processes a claim, if requested to by V7. As a Owner, you agree to initiate a claim under their own or an associated third-party insurance policy (homeowners policy, tenant/renters policy, equipment policy, etc.) for any damage to or theft of the rented Listing before V7 processes a claim, if requested to by V7.
Owner or Seller Release and Waiver
In order to rent or purchase a Listing, you, the Renter or Buyer, accept this Listing Release and Waiver, which is effective between you, the Renter or Buyer, and Listing Owner or Seller as of the date when you first rent or purchase a Listing.
You represent that you are eighteen (18) years of age or older. If you are allowing a minor to be in the presence of and/or use of the Listing, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Rental Period or after your purchase, and have read this Release and Waiver and agree to it on the minor’s behalf. If you are renting or purchasing a Listing on behalf of another person or company, you will ensure, and you represent and warrant, that each person or company on whose behalf you book has read and agreed to this Listing Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.
Assumption of Risks: You understand and acknowledge that the Listing may be hazardous and may carry the risk of injury or illness, including but not limited to physical injury, property damage, sickness disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF RENTING OR PURCHASING A LISTING, INCLUDING EACH ITEM THAT AN OWNER OR SELLER RENTS OR SELLS TO YOU, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE OWNER, SELLER, OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE RENTAL OR AFTER THE PURCHASE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE RENTAL OR PURCHASE OF THE LISTING.
Release and Waiver: You acknowledge and agree that:(1) You have reasonably assessed the risks involved in the rental or purchase and have made an informed and voluntary choice to participate in the rental or purchase; (2) You alone, and not the Listing Owner or Seller, are responsible for determining your fitness for participating in the rental or purchase and your ability to fully understand any directions or warnings presented; (3) You will not participate in any rental or purchase when you have a physical, medical, or mental limitation or disability that may be relevant or may affect to the use the Listing that you are renting or purchasing, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in the rental or purchase; and (4) You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the rental or purchase. If you notice any hazard during a Rental Period, you will stop participating in the rental immediately and inform the listing Owner.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE LISTING OWNER OR LISTING SELLER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR RENTAL OR PURCHASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
You intend this Listing Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the remainder notwithstanding shall continue in full force and effect.
Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS OR LISTING SELLERS PROVIDE THEIR LISTINGS “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS OR LISTING SELLERS EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Indemnification: You agree that if, despite this Listing Release and Waiver, you or anyone on your behalf make a claim against the Listing Owner or Seller relating to a Listing rental or purchase, you will indemnify and hold the Listing Owner or Seller harmless from any liability, demand, loss, damage, or costs which the Owner or Seller may incur as the result of such claim.
YOU AFFIRM THAT YOU HAVE READ THIS LISTING RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.
You agree to defend, indemnify and hold harmless V7, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Brokerage, including, but not limited to, your Client Contributions, any use of the Brokerage’s content, services and products other than as expressly authorized in the Terms or your use of any information obtained from the Brokerage.
Release of V7 and Limitation on Liability
If you have a dispute with a V7 Client, Authorized Person (including its affiliates or their licensors, service providers, employees, agents, officers or directors, or associates), Authorized Person, a any third-parties (including but not limited related insurance carriers, insurance agents, and/or insurance companies), you release V7, its affiliates or their licensors, service providers, employees, agents, officers or directors, from any and all claims, demands and damages (actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code Section 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
IN NO EVENT WILL V7, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE BROKERAGE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE BROKERAGE OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BROKERAGE OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN V7 AND YOU. WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND AND AGREE THAT CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH ARE NOW KNOWN OR BELIEVED BY YOU TO EXIST MAY HEREAFTER BE DISCOVERED.
YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT, INCLUDING THIS RELEASE OF V7 AND LIMITATION ON LIABILITY SECTION AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND LIMITATION ON V7’S LIABILITY, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.
Assumption of Rights
If V7 or V7’s insurance pays out a claim, reversal, or chargeback that you file against another V7 Client, you agree that V7 assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in V7’s discretion.
If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, V7 will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
Governing Law and Jurisdiction
All matters relating to the Brokerage and the Terms and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule whether of the State of California or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, the Terms or the Brokerage shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of King, although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE BROKERAGE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by V7 of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of V7 to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.