Terms of Service

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Borrowers Terms

Updated On: April 17th 2018

Description of this Document

These Borrower Terms are part of the Shuttershare Membership Agreement. They are part of a legally binding contract: You agree to follow the terms of the Membership Agreement, including these Borrower Terms, and Shuttershare agrees to provide You with its Services. This Agreement describes Your specific rights and obligations when acting as a Borrower; similarly, it gives Shuttershare certain rights, and imposes obligations on Shuttershare.

Read this document carefully. By signing up for a Shuttershare Membership, You agree to be bound by the terms of the Membership Agreement, including these Borrower Terms; when You use Shuttershare's Services, You agree to use them in accordance with the terms of the Membership Agreement, including these Borrower Terms. If You do not want to be bound by the Membership Agreement, do not sign up for a Shuttershare Membership, and do not use Shuttershare's Services.

Condition and Cleanliness

It is Your responsibility to check the condition and cleanliness of Equipment at the time You Borrow it, and You are responsible for documenting the condition of the Equipment by taking photos or videos at the time You pick up the Equipment from the Lender.

You are Borrowing someone else's equipment, and it is Your responsibility to treat it well, and bring it back in the same condition as when you picked it up.

Responsibility To Note Damage

It is the responsibility of the Borrower to note and document any damage to the Equipment at the time the Borrower picks it up, and to document that damage by taking photos or videos of the Equipment.

Drone Borrowing

It is the responsibility of the Borrower to purchase insurance when borrowing a Drone on Shuttershare. Shuttershare does not provide insurance or a damage waiver as a part of it's services of Drones.

Data

The Equipment You Borrow may include built in storage such as hard drives, memory cards, or other storage media. If a Lender has left any of Their data (including files, images, videos, and photos) on media included with Equipment You have Borrowed, You should respect Their privacy. This means You should not open any of the Lender's files or view any of the Lender's images or videos, and You must not copy, store, take, steal, retain, or otherwise keep any of the Lender's data.

You should not leave any of Your data (including files, images, videos, and photos) on storage media included with Equipment You Borrow. You should ensure that you make copies of all data You produce while You Borrow Equipment, and You should not leave any of Your data on storage media included with Equipment You Borrow.

Neither Shuttershare nor a Lender is responsible for any data You leave on Equipment You have borrowed; however, if You contact Us within 24 hours of returning the Equipment, We will make Our best efforts to return Your data to You. But to be clear: neither We nor a Lender are responsible for any data a Borrower leaves on storage media included or associated with Equipment after it is returned, and neither Shuttershare nor a Lender is liable in any way for any losses or damages as a result of You leaving Your data with Equipment when you return it to the Lender.

Own Belongings and Return of Property

It is Your responsibility to ensure that You do not leave Your property with any Equipment that You return to a Lender. However, if You notify Us within 24 hours that You have left something that belongs to You with Equipment You have returned to a Lender, We will make Our best efforts to assist You with the return of Your property. But to be clear: neither We nor a Lender are responsible for any property a Borrower leaves with Equipment after it is returned, and neither Shuttershare nor a Lender is liable in any way for any losses or damages as a result of You leaving Your belongings or property (including files, videos, images, photos, or data) with Equipment when you return it to the Lender.

Offer and Cancellation

Offer and Acceptance

In order to Borrow a piece of Equipment listed on Shuttershare's Platform, You must make a request specifying the piece of Equipment and the dates during which You want to Borrow the Equipment, using Shuttershare's Platform. Your request can include proposed times and locations for drop-off and pick-up, which the Lender can either accept, or modify.

The decision to Share a piece of Equipment is at the Lender's sole discretion.

Cancellation

If there is a confirmed booking for a rental period of 24-hours or less, and the borrower cancels the booking, the borrower will be subject to a cancellation fee according to the following schedule:

  • If the booking is cancelled 24 hours or less from the confirmed pick-up time, the cancellation fee is 50% of the sharing fee.
  • If the booking is cancelled more than 24 hours, but three days or less from the confirmed pick-up time, the cancellation fee is 30% of the sharing fee.
  • If the booking is cancelled more than three days, but five days or less from the confirmed pick-up time, the cancellation fee is 25% of the sharing fee.
  • If the booking is cancelled more than five days before the confirmed pick-up time, there is no cancellation fee.

If there is a confirmed booking for a rental period greater than 24 hours, but three days or less, and the borrower cancels the booking, the borrower will be subject to a cancellation fee according to the following schedule:

  • If the booking is cancelled 24 hours or less from the confirmed pick-up time, the cancellation fee is 50% of two days’ sharing fee.
  • If the booking is cancelled more than 24 hours, but three days or less from the confirmed pick-up time, the cancellation fee is 30% of two days’ sharing fee.
  • If the booking is cancelled more than three days, but five days or less from the confirmed pick-up time, the cancellation fee is 25% of two days’ sharing fee.
  • If the booking is cancelled more than five days before the confirmed pick-up time, there is no cancellation fee.

If there is a confirmed booking for a rental period greater than three days, but five days or less, and the borrower cancels the booking, the borrower will be subject to a cancellation fee according to the following schedule:

  • If the booking is cancelled 24 hours or less from the confirmed pick-up time, the cancellation fee is 30% of four days’ sharing fee.
  • If the booking is cancelled more than 24 hours, but three days or less from the confirmed pick-up time, the cancellation fee is 25% of four days’ sharing fee.
  • If the booking is cancelled more than three days, but five days or less from the confirmed pick-up time, the cancellation fee is 20% of two days’ sharing fee.
  • If the booking is cancelled more than five days before the confirmed pick-up time, there is no cancellation fee.

If there is a confirmed booking for a rental period greater than five days, and the borrower cancels the booking, the borrower will be subject to a cancellation fee according to the following schedule:

  • If the booking is cancelled 24 hours or less from the confirmed pick-up time, the cancellation fee is 25% of six days’ sharing fee.
  • If the booking is cancelled more than 24 hours, but three days or less from the confirmed pick-up time, the cancellation fee is 20% of six days’ sharing fee.
  • If the booking is cancelled more than three days, but five days or less from the confirmed pick-up time, the cancellation fee is 15% of six days’ sharing fee.
  • If the booking is cancelled more than five days before the confirmed pick-up time, there is no cancellation fee.

Lender cancellation fees may be withheld from future payouts.

Theft, Loss, Damage, Etc.

If Equipment Shared using Shuttershare's Platform or Services is lost, stolen, damaged, or destroyed during the time You have Borrowed the Equipment (including any time after the period specified in the Sharing Agreement during which the You have yet to return the Equipment to the Lender), You must notify Shuttershare immediately using Shuttershare's Platform. If the Equipment is damaged, You must document the damage by submitting videos or photographs. If the Equipment is stolen, You must report the theft to the appropriate authorities, and provide Us with a police report.

Fees and Pricing

Sharing Fees are set by Lenders.
Shuttershare charges a fee each time a piece of Equipment is Shared. Current fee information is available at https://help.shuttershare.io/payments/shuttershare-fee-schedule.

Ratings and Reviews

Ratings and reviews are essential to the functioning of the Shuttershare community. They allow Members to make informed decisions about Sharing Equipment. Therefore, You must promptly leave ratings and reviews about Your experience with the Lender after the Equipment has been returned.

Lenders will leave ratings and reviews about their experience with You. If You have concerns with the rating or review, You can contact Us at support@shuttershare.io.

Repeated failure to promptly leave ratings or reviews may result in the suspension or termination of Your Membership.

Sharing Agreement

Shuttershare Sharing Agreement

When You Share Equipment using the Shuttershare Platform, You and the Lender will use the Shuttershare Sharing Agreement, without any side agreements, modifications, or additions.

All payments between You and the Lender will be through Shuttershare's Payment Intermediary, and there will be no additional or supplementary payments, bartering, or other exchanges of value in respect of Shared Equipment.

Damage Cover Program and Insurance

When You Borrow Equipment with a replacement value of less than USD$20,000, You are required to participate in the Damage Cover Program. This requirement will be waived if You can provide proof of insurance sufficient to cover the replacement value of the Equipment.

When You Borrow Equipment with a replacement value of USD $20,000 or greater, You are required to provide proof of insurance sufficient to cover the replacement value of the Equipment.

Liability and Indemnification

You are solely responsible for Equipment during the time You have Borrowed the Equipment (including any time after the period specified in the Sharing Agreement during which the You have yet to return the Equipment to the Lender).

You agree to indemnify Shuttershare from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers' fees) arising out of or relating to Your use of Shuttershare's Serivces or Platform, as well as Your use of Equipment Shared through Shuttershare's Services or Platform.

Shuttershare is Not Your Agent

Shuttershare provides a Platform and Services to facilitate the sharing of media production Equipment. Although Shuttershare's Services allow Members to communicate with each other, and Shuttershare's Payment Intermediary processes payments between Members, Shuttershare does not act on behalf of Members, and is not Your agent, nor the agent of any other Member. Shuttershare does not have the authority to alter Your legal rights or relationships, and does not purport or represent that it has the authority or capacity to do so. You may use Shuttershare's Platform or Services to enter into legally binding agreements, but You do so on Your own behalf.

Shuttershare Liability

You use Shuttershare's Platform and Services at Your own risk, and if You use Shuttershare's Platform or Services to Borrow Equipment from another Member, Shuttershare is not a party to Your contract with that other Member, that contract gives You no rights as against Shuttershare, and Shuttershare has no liability to You under that contract.

Except as specifically provided for in the terms of the Shuttershare Damage Cover Program, Shuttershare is not responsible and has no liability for any loss, theft, or damage of any kind whatsoever, related to or arising from Your use of Shuttershare's Platform or Services. Except as specifically provided for in the terms of the Shuttershare Damage Cover Program, Shuttershare has no liability if Equipment You Borrow is lost, stolen, or damaged in any way whatsoever related to or arising from the Equipment being Shared by way of Shuttershare's Platform or Services.

No Warranty

Shuttershare only provides a Platform to facilitate the Sharing of Equipment between Members. Shuttershare does not provide or supply any Equipment, and Shuttershare does not make any warranty about the quality, fitness, condition.

Taxes

We cannot and do not give tax advice, and We cannot and do not collect or remit tax on Your behalf. You are solely responsible for determining Your tax obligations.