Way Cool Video Rental Agreement

Way Cool Video Rental Agreement

This Rental Agreement ("Agreement") is made between Lakewood Art Supply LLC dba Way Cool Video and the Primary Account Holder (“Account Holder”) to govern the use of Scarecrow’s In-store Rental (“Rental”) services and all features and functionalities associated therewith.

1. Participation

a. Rental Account. A Way Cool Video Membership is necessary in order to rent movies. Rental accounts are free. The following is required to set-up an account:

  1. The Account Holder must be 18 years or older and must present ID.
  2. The Account Holder must have a valid, current credit or debit card on file. We accept Visa, MasterCard, American Express, and Discover.

b. Account Changes. The Account Holder agrees to notify Way Cool Video of any change of address, phone number, credit card or other account information.

c. Account Users. A User is any person authorized by the Account Holder to use the account.

  1. The Account Holder may only authorize Users in person for use towards In-store Rental services.
  2. The Account Holder agrees to be held financially responsible for any charges or fees incurred by Users on their account.

2. Rental Policies

a. Rental Prices. Individual video rental prices are $3 per video, $2 for kids’ videos. Video player rental prices are $7. Prices are subject to change without advance notice. 

b. Order Totals. The amount of your order will be the price of each rental item and sales taxes.  

c. Payment. In-store Rentals must be paid for at time of check-out using cash or credit card.

d. Rental Periods. The rental period is for 4 nights, with videos and players being due by closing time on the 5th day.

e. Late Fees. The charge for late rentals is 25 cents for each day the item is overdue. Late fees will be charged at the time of return.

f. Possession. For In-store Rentals, once an Account Holder completes the rental transaction for an item, that item is considered to be in their possession until returned to Way Cool Video.

g. Replacement of Lost Items. Should any item be deemed lost while in the Account Holders possession, they may be charged for the replacement of the item along with any incurred late fees. You hereby authorize us to charge the credit card on file for any lost item(s). We will notify you by phone or email of any potential charges for lost item(s) prior to charging your credit card. If the number of lost items on your account becomes excessive, as we may determine in our sole and absolute discretion, we may place your account on hold and discontinue rental privileges.

h. Usage of the Service. Way Cool Video’s rental program is for personal, non-commercial use only. You agree to use rental items in accordance with all applicable laws, rules and regulations. You agree not to archive, reproduce, distribute, modify, display, exhibit, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the program.

i. Termination by us. We may terminate or restrict your use of the rental program or all rental privileges, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of this Agreement or (ii) engaged in illegal or improper use of the program. We can also terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity.

3. Credit Card Policy

a. It is the Account Holder’s responsibility to ensure that the credit card information is up-to-date.

b. Credit card numbers are held on a secure system using Lightspeed.

c. The Account Holder agrees to allow Lakewood Art Supply/Way Cool Video to charge the credit card on file and authorizes Lakewood Art Supply/Way Cool Video or its collection service(s) to recover losses in ways consistent with Way Cool Video rental or sales policies including, but not limited to:

  1. Failure to return any rental item(s)
  2. Damage to any rental item(s)
  3. Late fees in accordance with Way Cool Video policy
  4. Damage to any property or person(s) at Way Cool Video
  5. Any other unpaid charges

d. The Account Holder further authorizes Lakewood Art Supply/ Way Cool Video to pursue any and all legal collections efforts, and to pay the costs of these efforts, in addition to any and all outstanding balances.

5. Disclaimers of Warranties and Limitations on Liability

a. The In-store Rental services and all features or functionalities associated with them, are provided "as is" and "as available" with all faults and without warranty of any kind.

b. To the extent permissible under applicable laws, in no event shall Way Cool Video, or its directors, officers, employees or volunteers be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever.

6. Miscellaneous

a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Ohio, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

b. Survival. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.