Rental Policies
Information.
All new rentals or accounts must be accompanied by a completed Production Information Sheet before any rentals will be written up and released. Please keep information current and inform Violet Crown Costume Company of any relevant changes made to personnel and/or contact information.
Rental Period.
Weekly rentals are to be returned within eight business days of the first day of rental. Extensions for weekly rentals are available. Please contact us to make arrangements. If items are kept past the initial 8-day period without an extension, renters will automatically be billed weekly at the weekly rental rate until the items are returned. Production rentals are to be returned within 16 weeks from the first day of rental. Extensions for production rentals are available. Please contact us to make arrangements. If items are kept past the initial 16 week period without an extension, renters will automatically be billed monthly at the weekly rental rate (ie - 4 weeks at the weekly rate) until the items are returned.
Payment.
Companies or individuals without an account must pay the full rental in advance. Payment must be made by Visa, MasterCard, American Express, debit card or check. A Driver’s License or a State Issued ID is required for all personal checks. No temporary checks are accepted. Checks returned for any reason are subject to a $50.00 processing fee. Upon the sole discretion of Violet Crown Costume Company, returned checks may result in the loss of check writing privileges and/or future costume rentals. Only CASH, MONEY ORDER, or CASHIER'S CHECKS are accepted for payment of returned checks. We do not redeposit checks.
Credit. In-house credit accounts are available on approved credit through our accounting department. All rentals must be accompanied by a purchase order number if credit is extended to your company. If a credit account is extended, invoices and statements will be sent to the address given on the production information sheet. Invoices are due and payable in full within the terms stated on the invoice or signed Account Payment
Credit. In-house credit accounts are available on approved credit through our accounting department. All rentals must be accompanied by a purchase order number if credit is extended to your company. If a credit account is extended, invoices and statements will be sent to the address given on the production information sheet. Invoices are due and payable in full within the terms stated on the invoice or signed Account Payment
Agreement.
All invoices not paid within the approved term will be subject to additional charges on the delinquent balance. A past-due invoice may cause delays on future orders or result in the cancellation of the account.
Insurance.
A Certificate of Insurance (“COI”) is required for rentals greater than $2500 or those utilizing an account.
Deposits.
Without a COI, the renter will be required to remit a copy of their photo id and credit card with a signed Credit Card Authorization Form giving Violet Crown Costume Company the ability to charge the renter for any cleaning fees, loss and damage, shipping and handling, and additional and/or extended rental charges, if applicable.
Approvals.
For rentals pulled in person, the renter has 48 hours to approve all costume pieces for television, feature film, or other similar types of production. The renter shall have 24 hours to approve all costume pieces for commercials or other similar types of production. For rentals pulled in-house and shipped, the renter has five business days to approve all costume pieces from delivery to the return shipping date. Approvals are subject to a 15% restocking fee. Items, including shoes, accessories, hats, and insignia, are not released on approval. Clothes that have been worn or are missing tags will be charged the total rental amount. All items returned on approval must be returned to Violet Crown Costume Company on or before the approval date. Items received after the approval date will be charged the total rental amount for each item. No approvals will be released for photo shoots or during weekends. All approvals are subject to approval by management.
Cancellations.
Canceled orders are subject to In-House Labor charges and a 25% restocking fee.
Holds.
No item(s) may be placed on hold before an account has been set up and verified. Rentals may be placed on hold five working days before the pick-up date. Costumes put on hold ahead of and following production will be stored at 10% of the original rental price per week. All holds are subject to approval by management.
Shipping.
The renting party is responsible for all costs, losses, taxes, levies, tariffs, and other fees assessed for the shipping and transportation of items. The renting party may choose to provide their own third-party delivery service to receive and return the item(s). If third-party shipping information is not provided, orders will be shipped using Violet Crown Costume Company’s preferred service provider and are subject to a 20% surcharge.
Clearances.
Clearance for use and/or portrayal of uniforms, insignias, etc., is the sole responsibility of the renting party. The renting party shall defend, indemnify and hold Violet Crown Costume Company harmless from the renting party’s failure to obtain clearances or licenses as necessary for the use of any of the costumes. ALL TERMS & CONDITIONS APPLY.
Cleaning.
The wardrobe must be returned cleaned and unaltered. Any item(s) not returned clean will be charged cleaning fees, payable upon return of rentals. A list of cleaners qualified to handle our special pieces is available upon request. If the wardrobe is returned in an unacceptable condition because of using another cleaner, your company will be billed for cleaning and/or damages. Items, including but not limited to vintage/period underwear and swimwear, should be worn with a sanitary liner or clothing layer or be subject to a fee.
Returns.
The renting party shall be responsible for returning all costumes, free from any damage and in the same condition and appearance as when received. Returned orders will be checked in within ten business days of delivery to Violet Crown Costume Company. All rented items returned should adhere to Violet Crown Costume Company’s return guidelines.
Loss & Damage.
The renting party acknowledges that upon delivery, it has inspected that items are in good condition and working order. Any undocumented damages must be reported to Violet Crown Costume Company within 72 hours or be subject to damage fees. In case of theft or damage to the rental property, the renting party must notify Violet Crown Costume Company within 24 hours. Alterations and/or repairs may not be done using iron-on tape, zig-zag machine stitch, stitch witchery, darning with a machine, or any other similarity. Any use of these techniques will incur damage charges. Removal or damage of barcode labels will result in additional damage charges. Any article that is altered may need to be returned to its original condition or incur a restoration fee. Violet Crown Costume Company reserves the right to charge the renting party/company the replacement value listed on the rental sheet. We reserve the right to accept or decline any replacement items in exchange for the lost or damaged property. Tailor shop labor, shopping, and material costs on made-to-order or specialty items will be charged to duplicate any item.
Misc. Charges.
The renting party shall be responsible for all costs incurred by their designated costumer/representative. This includes but is not limited to photocopies, faxes, toll and long distance calls, labor costs ($25-$50/hr Costume House labor, $28-$50/hr Tailor Shop labor, and $60.00/hr Research labor), shipping & handling. Late or Early Open charges will apply when renting parties request services before or after business hours.
Rental Terms & Conditions
The Renter identified on the signature page below (“Renter”) hereby engages Violet Crown Costume Company LLC (“VCCCo”) to provide costumes. This Costumes Rental Agreement, whether signed for or not, will apply to any rental agreement, quotation, purchase order, and any other arrangement between Renter and VCCCo for the rental of costumes or other materials, and the term “Costumes” as used herein shall mean each and every set of Costumes and materials rented by Renter from time to time. This Costumes Rental Agreement, together with any written confirmation related to the rental of Costumes (however sent) (including without limitation any purchase order, rental request, and/or invoice), shall constitute the entire Agreement for each rental of Costumes. It will be hereinafter collectively referred to as this “Agreement.” Every time the Renter places a purchase order or a rental request or accepts or pays rent for Costumes, the Renter will be deemed to accept and ratify the application of this Agreement.
1. Rental Term and Return.
1. Rental Term and Return.
The parties expressly agree that with respect to all the Costumes, no sale or security interest is intended by the Agreement and that at all times the ownership of the Costumes remains with VCCCo. The rental term shall commence upon the removal of the Costumes from VCCCo’s facility for delivery to Renter and continue until such time as the Costumes are returned to VCCCo’s facility in the same condition and appearance as when such Costumes were received by Renter (“Rental Term”). No allowance will be made for the rental period when Costumes remained in Renter’s possession but were not in use. Notwithstanding anything to the contrary, the Renter shall return the Costumes to VCCCo on the date as agreed by the parties or, if no return date is set, on the date VCCCo requests the return. Assumption of Risk. Renter shall bear the entire risk of loss or damage of the Costumes, however, caused, during the Rental Term, including but not limited to all losses and damages while in transit, while at locations, while in storage (excluding storage at VCCCo’s premises) and while on Renter’s premises. The renter may inspect and test all Costumes rented at VCCCo’s facility or request photographs before the commencement of the rental item.
2. Use of Costumes.
2. Use of Costumes.
At all times during the Rental Term, the Renter shall, at its own expense, maintain the Costumes in a good state of condition and repair. Renter agrees that it will not alter the Costumes in any way, including, without limitation, removing the tag or nameplate on the Costumes showing ownership by VCCCo. VCCCo and its agents shall have the right at all reasonable times to enter the premises where the Costumes are kept for the purpose of viewing the state and condition of said Costumes. Renter shall have the right, but is under no obligation, to use the Costumes solely for the purposes for which they were supplied, namely, to photograph, film, tape, exhibit, reproduce or otherwise record or depict the Costumes (“Recordings”) and the distribution, exhibition, sale, lease, advertising, promotion, marketing or other exploitation thereof, in any and all media now known or hereafter devised, throughout the world, in perpetuity. Renter shall not use the Costumes for any other purposes. Subject to the terms of this Agreement, the Renter shall exclusively own and control all rights, titles, and interests in and to the Recordings. Renter represents and warrants that the Costumes will only be handled and cared for by Renter’s employees or agents familiar with the Costumes’ handling and care. The renter will take reasonable precautions in regard to the use of the Costumes to protect all persons and property from injury or damage. Renter shall maintain the Costumes free and clear of all liens, claims, levies, and any other encumbrances, and the Renter shall not allow any execution, attachment, or other legal processes to be levied against the Costumes.
3. Compliance with Laws, Regulations, and Policies.
3. Compliance with Laws, Regulations, and Policies.
The renter shall comply with the laws of all states in which the Costumes are transported and/or used and all federal and local laws, regulations, and ordinances pertaining to the transportation and use of such Costumes. Without limiting the generality of the foregoing and by way of example, the Renter shall always keep all required logs and records. If Renter’s employees or agents enter VCCCo’s premises to pick up and/or return the Costumes, the Renter shall comply with all of VCCCo’s COVID-19 requirements.
4. Liability of VCCCo.
4. Liability of VCCCo.
Renter understands that, except as provided below in this Section, VCCCo assumes no responsibility or liability of any nature whatsoever to any person, firm, corporation, or any other type of entity for any claim, injury, damage, or loss arising out of, relating to or resulting from (a) the Costumes; (b) the use of such Costumes; (c) labor or services furnished pursuant to the Agreement; or (d) the performance or nonperformance of the Agreement; and Renter hereby waives any and all claims it may have against VCCCo with regard to any of the foregoing. However, in the event any Costume becomes inoperable or fails to perform as contemplated hereunder through no fault or negligence of Renter during the Rental Term, Renter shall (i) not attempt to make any repairs of any nature, kind or description; (ii) immediately notify VCCCo; and (iii) if necessary, return for repair or for exchange or replacement said Costume to VCCCo during VCCCo’s regular business hours. VCCCo will make a reasonable effort to repair or replace the Costume in the shortest amount of time. If the issues with the Costume are caused by any reason other than the normal use of the Costume by the Renter, the Renter shall pay VCCCo all costs to repair or replace the Costume. No allowance will be made for the rental period when the Costume is being serviced or repaired for any reason for which Renter is responsible.
5. WARRANTIES AND LIMITATION OF LIABILITY.
a) IT IS EXPRESSLY AGREED THAT VCCCo’S SOLE OBLIGATION AND LIABILITY TO RENTER IN THE EVENT OF ANY COSTUMES DAMAGED PRIOR TO COMMENCEMENT OF RENTAL TERM SHALL BE TO REPAIR THE COSTUMES AND/OR PROVIDE RENTER WITH THE SAME OR SIMILAR COSTUMES IN ORDER THAT RENTER MAY ACCOMPLISH THE SAME OR SIMILAR WORK IN ACCORDANCE WITH SECTION 5.
b) ALL COSTUMES ARE RENTED “AS IS, WHERE IS”. VCCCo HAS NOT MADE, AND SPECIFICALLY DISCLAIMS, (i) ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY concerning THE COSTUMES, REGARDING TITLE, CONDITION, DESIGN, OPERATION, MERCHANTABILITY, FREEDOM FROM CLAIMS OF INFRINGEMENT OR THE LIKE, FITNESS FOR USE FOR A PARTICULAR PURPOSE, QUALITY OF MATERIALS, OR WORKMANSHIP, OR ABSENCE OF DISCOVERABLE OR NON-DISCOVERABLE DEFECTS; AND (ii) ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO THE COSTUMES (INCLUDING ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE). RENTER HEREBY WAIVES, RELEASES, AND DISCLAIMS EXPECTATION OF OR RELIANCE ON ANY SUCH EXPRESS OR IMPLIED WARRANTY OR WARRANTIES.
c) VCCCo SHALL NOT BE LIABLE TO RENTER OR ANY OTHER PERSON, WHETHER ARISING OUT OF CONTRACT OR TORT, OUT OF ANY NEGLIGENCE OR STRICT LIABILITY OF VCCCo OR OTHERWISE, FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING THOSE FOR INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR ANTICIPATED PROFITS.
6. Sublease.
5. WARRANTIES AND LIMITATION OF LIABILITY.
a) IT IS EXPRESSLY AGREED THAT VCCCo’S SOLE OBLIGATION AND LIABILITY TO RENTER IN THE EVENT OF ANY COSTUMES DAMAGED PRIOR TO COMMENCEMENT OF RENTAL TERM SHALL BE TO REPAIR THE COSTUMES AND/OR PROVIDE RENTER WITH THE SAME OR SIMILAR COSTUMES IN ORDER THAT RENTER MAY ACCOMPLISH THE SAME OR SIMILAR WORK IN ACCORDANCE WITH SECTION 5.
b) ALL COSTUMES ARE RENTED “AS IS, WHERE IS”. VCCCo HAS NOT MADE, AND SPECIFICALLY DISCLAIMS, (i) ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY concerning THE COSTUMES, REGARDING TITLE, CONDITION, DESIGN, OPERATION, MERCHANTABILITY, FREEDOM FROM CLAIMS OF INFRINGEMENT OR THE LIKE, FITNESS FOR USE FOR A PARTICULAR PURPOSE, QUALITY OF MATERIALS, OR WORKMANSHIP, OR ABSENCE OF DISCOVERABLE OR NON-DISCOVERABLE DEFECTS; AND (ii) ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO THE COSTUMES (INCLUDING ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE). RENTER HEREBY WAIVES, RELEASES, AND DISCLAIMS EXPECTATION OF OR RELIANCE ON ANY SUCH EXPRESS OR IMPLIED WARRANTY OR WARRANTIES.
c) VCCCo SHALL NOT BE LIABLE TO RENTER OR ANY OTHER PERSON, WHETHER ARISING OUT OF CONTRACT OR TORT, OUT OF ANY NEGLIGENCE OR STRICT LIABILITY OF VCCCo OR OTHERWISE, FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING THOSE FOR INTERRUPTION OF SERVICE, LOSS OF BUSINESS, OR ANTICIPATED PROFITS.
6. Sublease.
Renter warrants that it will not sublease any of the Costumes without prior written consent from VCCCo.
7. Indemnification.
7. Indemnification.
Renter shall indemnify, defend and hold harmless VCCCo and its parents, subsidiaries and affiliates and its and their respective directors, officers, employees, and agents from any and all liabilities, obligations, losses, costs, damages, claims, penalties, and expenses (including without limitation reasonable outside attorney’s fees) of any kind of nature arising out of or relating to Renter’s breach of this Agreement or the rental, use, possession, operation, maintenance, condition or return of the Costumes, including without limitation, liability for injuries to person or property arising out of or relating to filmed sequences. Any amounts that become due under this Section shall be paid immediately following the demand thereof by VCCCo. Renter’s duty of indemnification under this Section shall survive the termination or expiration of the Agreement.
8. Default.
8. Default.
If at any time Renter’s financial condition warrants or if Renter fails to make payment(s) when due or defaults in any way, VCCCo may either alter the terms of payment, suspend credit, delay shipment, or pursue any remedies available at law or hereunder. In addition, in the event of any such default, VCCCo shall have the option to retake possession of the Costumes if the default continues for more than five (5) days and, for such purpose, VCCCo, its agents, or employees may enter any premises where the Costumes may be and may remove the same with or without notice and with or without force without incurring any liability. Upon VCCCo’s retaking possession of the Costumes under this Section, the Agreement will terminate, provided that Renter will be obligated to pay the rent for the entire period of the Agreement or until the Costumes are back at VCCCo’s facility, whichever is longer, and without prejudice, to any other rights, claims or remedies VCCCo may have against Renter.
9. Governing Law and Dispute Resolutions.
9. Governing Law and Dispute Resolutions.
This Agreement shall be governed and construed in accordance with the laws of the State of Texas applicable to contracts entered into and fully performed therein. Any and all disputes, claims, or controversies arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration before a single arbitrator. The arbitration will be conducted by a single arbitrator under JAMS Streamlined Arbitration Rules. The decision and award of the arbitrator will be final and binding and any award may be entered in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to an award of reasonable attorneys fees and costs in addition to any other relief granted. Each party shall remain responsible for their own attorneys’ fees.
10. Force Majeure.
10. Force Majeure.
In the event that performance under the Agreement is delayed, hindered, or prevented from performing hereunder by reason of fire, strike, or other labor difficulties, riots, insurrection, war, unavoidable casualty, pandemic, epidemic, Act of God, or the elements, force majeure, governmental regulation, shortage of necessary supplies or personnel, failure or delay of delivery by a common carrier for any reason whatsoever, or any other cause beyond the control of either party, the parties’ obligations shall be temporarily suspended during the period of such interruption and neither party shall be liable for any losses or damages caused by or as a consequence thereof, provided, however, that Renter’s payment obligations will not be suspended or otherwise modified by any of these events or for any other reasons.
11. Entirety Agreement.
11. Entirety Agreement.
This Agreement and any attached schedules, which are incorporated by reference and made an integral part of the Agreement, constitute the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this Agreement or in the attached schedules will be binding on any of the parties unless set forth in writing and signed by both parties.
12. Severability.
12. Severability.
If any provision of this Agreement or the application of any of its provisions to any party or circumstance is held invalid or unenforceable, the remainder of this Agreement, and the application of those provisions to the other parties or circumstances, will remain valid and in full force and effect.
13. Facsimile Signature.
13. Facsimile Signature.
This Agreement may be executed by facsimile signature and such signature shall be deemed a valid and binding original signature.
14. Miscellaneous.
14. Miscellaneous.
This Agreement contains the full and complete understanding between the parties and supersedes all prior agreements and understandings pertaining to the subject matter hereof and cannot be modified except in writing signed by both parties.