This equipment agreement is made and effective by providing digital signature below, by and between University of La Verne, (“Photography Department"), and current User ("Borrower"). With digital signature, the Borrower agrees to be bound by these terms and conditions, whether or not the Student or Borrower has read agreement completely. University of La Verne Photography department may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this website. With digital signature, Borrower(s) indicates acceptance of the terms and conditions.

Now, the parties agreement is as follow:

1. Loaner. ULV Photography department hereby loan to Borrower, and Borrower hereby loans from the ULV Photography department, the equipment shown in the order preview and complete checkout. ULV Photography department reserves the right to refuse or decline loaning equipment to a potential Borrower at ULV Photography department’s sole discretion. The ULV Photography department may, at its sole discretion, gather information from third parties (student accounts/accounts payable) regarding potential Borrower’s past loaner history with the University.

2. Term. The term of this agreement shall commence on the day of the first checkout date and expire on the last day of the checkout period as shown on the checkout page (“Loaner Period”), not to exceed ten (10) days. The equipment must be returned to the ULV Photography department before cut‐off time of the last day of the Loaner Period. Should Borrower not return equipment on or before the expected return date, the ULV Photography department reserves the right to charge the Borrower original cost or retail value for the extra time the equipment was in transit or late or not returned. You hereby give the ULV Photography department permission to contact you via the US mail, email, telephone, or text message regarding information on or status of your checkout.

3. Use. Borrower shall use the equipment in a careful, safe and appropriate manner and shall comply with and conform to all instructional, national, state, municipal, and other laws, and regulations in any way relating to the possession, use or maintenance of the equipment including any manufacturer’s recommendations, warnings and instructions as to the safe use of the equipment.

4. Account Holds. Please note if your loss/damage/stolen balance equals $300.00 or more, and/or a loaned item has not been returned, you will be placed on financial and/or registration hold with the University of La Verne.  Also, you will not be allowed any check outs with the ULV Photography department. Holds will only be lifted when all unreturned items are returned (or replaced if that permission has been granted), or, if there are no outstanding loaned items, when at least 50% of the fine total is paid and this payment brings the fine balance total to less than $300.00.

5. Repairs. Borrower agrees not to attempt to repair or materially alter the physical or otherwise makeup of the equipment under any circumstances regardless of fault.

6. Loss/Stolen and Damage. Except as set forth in the ULV Photography department’s representations and warranties of equipment, Borrower hereby assumes and shall bear the entire risk of loss/stolen and damage to the equipment from any and every cause whatsoever. No loss/stolen or damage to the equipment or any part thereof shall impair any obligation of Borrower under this agreement. In the event of damage of any kind whatsoever to the equipment, ULV Photography department may:

(a) Charge Borrower account with the University of La Verne for the full cost of repair
(b) Repair the equipment using a vendor at the ULV Photography department’s sole  
             discretion.

In the event the equipment becomes damaged beyond repair, Borrower  shall pay the ULV Photography department the full replacement value of the equipment. Borrower must ensure that the equipment, when returned to the ULV Photography department, is clean, functionable and/or  in the same condition as checkout. Should the returned equipment be deemed dirty in sole ULV Photography department’s judgment, ULV Photography department reserves the right to charge Borrower a “Cleaning Fee.”

7. Non‐Working Equipment. Borrower shall notify the  ULV Photography department within 3 hours of receipt of equipment any malfunction and/or alleged damage of such equipment. In the event equipment is not functioning and/or damaged other than as a result of Borrower’s negligence or willful acts, Borrower must not attempt to repair or modify the equipment. Borrower must return such non‐working equipment to the ULV Photography department and the ULV Photography department will either replace the non‐working equipment with a functioning equivalent (“Replacement Equipment”). Once the ULV Photography department receives notification of suspected damage of equipment in transit, the ULV Photography department shall send such damaged equipment to the manufacturer for inspection and repair. Borrower and the ULV Photography department hereby agree to be bound by the damage report provided by such manufacturer as to the cause and liability of such damage.

8. Indemnity. Borrower shall indemnify the ULV Photography department against, and hold the ULV Photography department harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from Borrower’s use of the equipment, including without limitation the selection, possession, use, operation, or return of the equipment.

9. Ownership. The equipment is, and shall at all times be and remain, the sole and exclusive property of the ULV Photography department; and the Borrower shall have no right, title or interest therein or thereto except as expressly set forth in this agreement.

10. Default. If Borrower fails to pay any fees or other amount herein provided within ninety (90) days after loaner period, or if Borrower fails to observe, keep or perform any other provision of this agreement required to be observed, kept or performed by Borrower, the ULV Photography department shall have the right to exercise any one or more of the following remedies:
        a. To charge a Borrower’s  University account on file for all amounts due (including any    
             late fees and owing).
b. To sue for and recover all fees, and other payments, then accrued or thereafter
            accruing.
        c. To take possession of the equipment, without demand or notice, wherever the same
            may be located, without any court order or other process of law. Borrower hereby
            waives any and all damages occasioned by such taking of possession.
        d. To terminate this agreement.
e. To pursue any other remedy at law or in equity. Notwithstanding any repossession    
            or any other action which the ULV Photography department may take, Borrower
            shall be and remain liable for the full performance of all obligations on the part of    
            the Borrower to be performed under this agreement. All of the ULV Photography
          department’s remedies are cumulative, and may be exercised concurrently or
          separately.

11. Governing Law. This loaner agreement shall be construed and enforced according to laws of the State of California and University of La Verne University policies.