4. Equipment Access & Rental Policy
In order to access equipment one must:
(a) be a Full or Organizational member in good standing with no outstanding debt to The Factory,
(b) satisfy the appointed representative of The Factory that she/he can completely and safely operate the equipment,
(c) adhere to all policies regarding the use of equipment,
(d) complete a Project Form to assist our efforts to document the nature of productions for granting agencies and financial supporters.
4.1 Equipment Rental Agreement
A new Rental Agreement must be filled out and signed by the renting member each time before production equipment is released. In signing the Rental Agreement, the renting member assumes her/his respective liabilities and responsibilities, and is affirming that she/he has
constructive notice of the terms of this document, as well as, where applicable, the relevant terms of The Factory’s insurance policy.
4.2 Rate Category Definitions
A. FULL
The member must maintain creative and editorial control over her/his project and must hold copyright ownership of the final product to qualify for this rate. Working on other member’s projects is permitted at this rate if the other member is present for most of the time. A Full member who is also a member of an Artist Collective may represent the collective at this rate if the collective is the owner of shared copyright of the project.
B. Organizational
Organizations qualify for this rate only for cultural or community not-for-profit projects in which the organization holds copyright.
C. Freelance/Non Cultural - FULL or Organizational
This rate applies if a member is commissioned by an outside individual or group for a project as the commissioner owns copyright, not the member. This applies whether the member is actually paid or does the work voluntarily.
The primary purpose of equipment access may not be for: a) commercials, b) political party announcements, c) wedding videos, d) non cultural promotion and training videos, e) corporate or industrial projects. This list is intended as an example only and is not intended to indicate all those projects which may not be eligible. The decision of The Factory with respect to eligibility of activities will be final.
4.3 Responsibility
Members assume a duty of care for all rented equipment during the rental period. Equipment must be returned in the condition that it was signed out. The Factory equipment must not be loaned or subleased. The renting member is responsible for the legal use of all The Factory equipment.
4.4 Equipment Check
Renting members assume final responsibility for verifying that the equipment is in good condition and functioning to their satisfaction. Any damage or malfunction should be noted with the technician before it is released.
4.5 Loss / Theft / Damage
Renting members assume responsibility for any loss, theft, or damage to equipment. They may be required to pay the full cost of repair, replacement, or any insurance cost difference pertaining to repair or replacement. The renting Member agrees to report any theft or mysterious disappearance of rented equipment to the police immediately.
Any loss, damage or malfunctioning of equipment must be reported to The Factory’s technical staff immediately and a Fault Report form filled out. Members who do not declare damages incurred during the rental period may have their membership privileges suspended or revoked.
4.6 Malfunctions
In the event that any rented equipment should malfunction, the member shall discontinue its use and inform the technical staff. If the equipment malfunction is determined to be due to reasons beyond the renter’s control, credit will be made to the member amounting to the time lost. The Factory’s liability is limited to the cancellation of the rental revenue.
4.7 Repairs
Members will not attempt any repairs or modifications to the equipment without the approval of The Factory designate (e.g. re-configuration of cables, modifying, installing or removing software).
4.8 Out of Ontario
Equipment may not be removed from the Province of Ontario without the prior written approval of The Factory designate.
4.9 Pick-Up and Drop-Off
All equipment must be picked up and returned by the same member that signs the rentalagreement during regular business hours on prearranged dates and at pre-arranged times.
4.10 Booking
Staff will determine which equipment is available for rental. All bookings are on a first come, first served basis, and must be made through The Factory designate.
4.11 Cancellation
By making a booking, members assume responsibility for the rental charges associated with it.
Cancellation with less than two business days notice will incur full or partial charges to be determined by staff, dependant on time of notice and length of booking.
4.12 Lates
If scheduled rental time is exceeded the renting member will be charged the rental rate for the additional time and may incur further penalty charges.
4.13 Insurance
While The Factory carries limited insurance coverage for equipment rented by its members, The Factory carries no third party property liability insurance or third party injury liability insurance for its members. Liability is the full responsibility of the member.
4.14 Releases and Clearances
It is entirely the responsibility of the renting member to ensure that, where applicable, any additional contractual documents related to a production (including, but not limited to, release forms, and/or music rights agreements) are signed and adhered to. Members are responsible for copyright clearances on all visual and sound elements to be used in their production.
4.15 Pay As You Go Policy
Production equipment invoices must be settled before the equipment is released. Failure to pay invoices in a timely manner may result in suspension of services.
4.16 Credits
The Factory invites the member to include acknowledgment of The Factory’s support in production credits and promotional material.
4.17 Editing Suite Rental
In addition to the above, the following policies apply specifically to the editing suite.
Leave the suite in the same condition that it was before use. The renting member assumes full responsibility for the actions and conduct of any visitors, assistants and technicians who are involved in their work. No food or beverages are permitted in the Editing Suite.
