RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is for the rental of the 360 camera system described at the 360xStream.com
website on the webpage https://360xstream.com/pricing-plan (“Checkout”), including all parts of and accessories to
such equipment ("Equipment"). This Agreement is between the person indicated on the Checkout as the customer
(“Lessee”) and 360xStream, Inc. (“360xStream”). By clicking on the “I agree, submit this order” button on the
360xStream website or by signing this agreement separately, Lessee agrees to be bound by this Agreement and all
the terms and conditions therein, whether or not Lessee has read them.
NOW, THEREFORE,
1. NATURE OF THIS AGREEMENT. This Agreement is solely for the purpose of creating a lease
transaction, which allows Lessee to use the Equipment as permitted by this Agreement. Lessee represents that the
Equipment herein is to be used solely and exclusively for business or commercial purposes. The Equipment is owned
by 360xStream. Lessee acknowledges that no one other than 360xStream may transfer or assign the Equipment or
any rights or obligations under this Agreement. Neither Lessee nor any Authorized Operators (as defined below) are
agents of 360xStream. No one may repair or alter the Equipment without 360xStream's prior written approval,
Lessee will not suffer any liens or encumbrances to attach to the Equipment and will defend, indemnity and hold
360xStream harmless from all loss, liability, and expense by reason thereof.
2. WHO MAY USE THE EQUIPMENT. Only Lessee and its employees in the course of such employee's
regular employment ("Authorized Operators”) may use and operate the Equipment.
3. RENTAL CHARGES. Lessee will pay a one-time non-refundable payment of $3,900 immediately at
website checkout or at signing of this agreement. Lessee will pay 360xStream usage fees based on the streaming tier
rates selected by Lessee (“Usage Fees”) as they are incurred through the use of the Equipment, provided, however,
the minimum Usage Fee per month is $396 (“Minimum Monthly Fees”). For the first month (or any parts thereof),
Lessee shall pay the Minimum Monthly Fee up front. Thereafter the Minimum Monthly Fees, if any, shall be paid at
the end of each month after adjusting for the Usage Fees paid during that monthly period. The streaming tier rates for
the Usage Fees and/or the Minimum Monthly Fees are subject to change by 360xStream upon thirty (30) days prior
written notice to Lessee.
4. TERM. The term of the lease shall commence at the latter of the date the Equipment is delivered to Lessee
or the first day of the rental period shown on the Checkout. The term of the lease shall be for a period of six (6)
month and shall automaticall renew at the end of the lease for another period of six (6) months unless the Equipment
is returned to 360xStream within thirty (30) days prior to the end of the lease. Lessee is responsible for returning the
Equipment back to 360xStream using a pre-approved shipper. The pre-approved shippers are: Fedex Ground and
UPS Ground.
5. LESSEE’S RESPONSIBILITIES. Lessee must return the Equipment to 360xStream in the same good and
clean condition it is in when Lessee receives it, ordinary wear excepted. Lessee acknowledges that it must confirm
receipt of the equipment by 360xStream at the expiration or earlier termination of this Agreement. Until such time as
360xStream receives actual possession of the Equipment, Lessee agrees to hold said Equipment in a safe and secure
manner. The Equipment will be used and kept only at Lessee's place of business or the job site at which the
Equipment is used. The Equipment will be used only in accordance with the instructions provided with the
Equipment.
6. OWNERSHIP. The Equipment remains at all times the sole and exclusive property of 360xStream. Lessee
has no rights or claims to the Equipment. 360xStream makes no claim to images, video, or sound rescordings
(collectively the “IP”) made by Lessee while using the Equipment. Such IP shall be the sole responsibility of Lessee.
7. USE. Lessee shall use the Equipment in a careful and proper manner, and shall comply with and conform to
all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
8. RISK OF LOSS. All loss or damage to the Equipment from any cause whatsoever while on rental or in
Lessee's or Authorized Operator's care, custody or control, whether exclusive or not, and whether or not due to the
fault of Lessee, including, but not limited to, fire, flood, theft, dropped and Acts of God, will be the responsibility of
Lessee and will be paid to 360xStream promptly upon Lessee's receipt of an invoice therefor. Such responsibility is
limited to the full value of the Equipment at the time it is lost or damaged, less its salvage value, plus an
administrative fee and 360xStream’s related expenses. THE COST OF LABOR FOR REPAIRS WILL BE EITHER
360XSTREAM'S THEN PREVAILING HOURLY RATE FOR LABOR POSTED, OR THE REPAIRERS
HOURLY RATE FOR LABOR CHARGED TO 360XSTREAM FOR REPAIRS AS THE CASE MAY BE.
PARTS WILL BE CHARGED AT 360XSTREAM'S COST. Use of the equipment by persons other than Lessee or
Authorized Operators will be at Lessee's sole risk.
9. EVENTS OF DEFAULT. Lessee shall be in default of this Agreement if Lessee fails to pay any Usage Fees
and/or the Minimum Monthly Payment when due or if Lessee breaches any of the other terms of this Agreement, or
if Lessee becomes insolvent or ceases to do business as a going concern, or if a petition in bankruptcy if filed by or
against Lessee, or if Lessee is in default pursuant to the provisions of any other agreement by and between Lessee
and 360xStream. In the event of default, all amounts owed by Lessee to 360xStream are immediately due.
10. REMEDIES. In case of default by Lessee, Lessee shall be responsible for any reasonable expenses of
360xStream in attempting to recover the amount owed from Lessee to 360xStream including collection fees and
attorney’s fees. In addition 360xStream reserves the right to pursue all avaiable civil and criminal remedies against
Lessee, including but not limited to: recovering possession of the Equipment, obtaining from Lessee’s form of
payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminarl charges,
and any civil remedies available. Lessee hereby waives any right to any hearing or, to receive any notice of legal
process, as a pre-condition for 360xStream recovering the Equipment. Lessee agrees to permit such entry and action
by 360xStream. 360xStream may also terminate this Agreement without notice to Lessee to any remedies or claims
which 360xStream might otherwise have for rent, expense of retaking, court costs and reasonable attorney's fees.
Lessee will remain liable for the equipment or for any loss or injury to the Equipment; not withstanding such
termination. The remedies herein in favor of 360xStream are not exclusive, but shall be cumulative and in addition to
all other remedies existing at law or in equity, anyone or more of which may be exercised simultaneously or
successfully.
11. LIABILITY FOR DAMAGE TO PERSON AND PRIOPERTY. Lessee assumes the risk of any and all
injuries of any kind or nature, including wrongful death, as a result of the use or misuse of the Equipment pursuant to
this Agreement. LESSEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS 360XSTREAM IT’S
SUBSIDIARIES, PARENT COMPANY AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS
FROM AND AGAINST ANY AND ALL LOSS LIABILITY, CLAIM, ACTION OR EXPENSE, INCLUDING
REASONABLE ATTORNEYS FEES, BY REASON OF BODILY INJURY, INCLUDING DEATH, AND
PROPERTY DAMAGE, SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING BUT NOT LIMITED TO
EMPLOYEES OF LESSEE, AS A RESULT OF THE USE, POSSESSION, OPERATION, OR
TRANSPORTATION OF THE EQUIPMENT, OR LESSEE’SFAILURE TO COMPLY WITH THE TERMS OF
THIS AGREEMENT.
12. NOTICE OF LOSS OR ACCIDENT. In the event of an accident, loss of, theft of, or damage to the
Equipment, Lessee agrees to notify 360xStream as soon as possible by telephone and, thereafter, to immediately
report in writing to 360xStream and to the public authorities (where required by law or by 360xStream,) all
necessary information relating to the loss or accident.
13. CONDITION OF THE EQUIPMENT. Lessee acknowledges having examined the Equipment upon its
delivery to Lessee. Lessee's acceptance or use of the equipment without prompt notice to 360xStream that the
Equipment is not in good mechanical condition constitutes Lessee's acknowledgement that the Equipment is in good
mechanical condition at that time. If, during Lessee's possession of the Equipment it is found by Lessee not to be in
good mechanical condition, as a result of conditions not the responsibility of Lessee, nor caused by the fault or
negligence of Lessee or Lessee's employees or agents, Lessee will so notify 360xStream, whereupon 360xStream
will then, at its option and without any other liability or responsibility by 360Xstream to Lessee; (a) repair or
suitably replace the equipment within a reasonal time during 360xStream's normal working hours, with the
commencement or running of the terms of this Agreement to be tolled for the period the Equipment is “down”; or (b) recover the Equipment and terminate this Agreement and refund payments of Minimum Monthly Fees, if any, for the
unexpired term of the applicable month, less whatever is due 360xStream for damage to or maintenance of
Equipment which is the responsibility of Lessee. Lessee agrees to provide full access to the Equipment to
360xStream's represenatives so as to enable 360Xstream to meet its responsibilities hereunder.
THE FOREGOING IS IN LIEU OF (i) ALL WARRANTIES EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; AND OF (ii) ALL OBLIGATIONS OR
LIABILTY ON THE PART OF 360XSTREAM TO LESEE FOR DAMAGES, INCLUDING BUT NOT LIMITED
TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE RENTING, MAINTENANCE, USE, OPERATION, STORAGE, ERECTION,
DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT.
14. LIENS. Lessee agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the
event such are levied against the Equipment, Lessee agrees to reimburse 360xStream in full for those charges.
15. ENTIRE AGREEMENT/MODIFICATION/SEVERABILITY. This Agreement expresses the entire
agreement between the parties with respect to the subject matter hereof. No change, modification or alteration of the
terms hereof will be effective as against 360xStream unless same is in writing and signed by a duly authorized
officer of 360xStream. Lessee's execution of this instrument and/or acceptance of delivery of any part of the
Equipment to be furnished hereunder shall constitute Lessee's acceptance of all the terms and conditions contained
herein, and the exclusion of any terms and conditions otherwise stated by Lessee or contained in any of Lessee’s
documents that conflict with or limit in any way any of the terms and conditions contained herein. The paragraph
heading contained in this Agreement are for convenience only and will not be used to expand or limit the actual
terms and conditions hereof.
16. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of
the State of California, regardless of the laws that might otherwise govern under applicable principles of conflicts of
laws thereof. LESSEE AND 360XSTREAM EXPRESSLY CONSENT TO THE JURISDICTION OF THE STATE
AND FEDERAL COURTS LOCATED IN CALIFORNIA. THE PARTIES FURTHER AGREE THAT THE
EXCLUSIVE VENUE FOR THE RESOLUTION OF ANY DISPUTE RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN SACRAMENTO
COUNTY, CALIFORNIA.
SIGNATURE OF CLIENT
Name of Client: _______________________________
Signature:____________________________________
Name:_______________________________________
Title: ________________________________________
ACCEPTANCE BY CEMETERY360
Acceptance of this offer is hereby evidenced by my signature and by the return to Client of a copy hereof,
so signed.
360xStream, Inc... James Pinocchio, President
247 Rochdale Street
Roseville, CA 95661
