Version: 1.1
Company: Here Now Films Ltd (“HNF”, “we”, “us”)
Hirer: The client named on the Hire Agreement/Invoice (“you”, “your”)
Jurisdiction: England & Wales

Scope. These Terms apply only when equipment is supplied without HNF technical supervision/operation (i.e., Dry Hire). If HNF supplies a technical operator/supervisor (employee or labour-only subcontractor under HNF direction), our Wet Hire terms apply.

• Equipment: All items supplied by HNF as listed on the Hire Agreement/Invoice, including accessories, cases, batteries, media, and cabling.
  
• Hire Period: From the earlier of collection/delivery hand-over until the later of physical return and written acceptance by HNF.
  
• Replacement Value: New-for-old cost to replace with the same or nearest current equivalent, including VAT, duty, shipping, configuration and admin.
  
• Dry Hire: Supply of Equipment without continuous HNF technical custody/supervision while in use.
  
• Cross-Hire: HNF hires equipment from a third-party rental supplier and makes it available to you/your crew to operate (you are the end user).
  

2.1 You are responsible for all loss or damage to the Equipment from custody transfer at hand-over until signed return/acceptance by HNF.

2.2 You must keep the Equipment safe and secure, and ensure it is used only by competent persons in accordance with manufacturer guidance and law.

2.3 No sub-hire, lending or assignment to third parties without HNF’s prior written consent.

2.4 Equipment must remain in the UK unless HNF agrees otherwise in writing (see Schedule B for overseas companies shooting in the UK).

3.1 Hirer-insured (default): Before release, you must provide acceptable evidence of All Risks / Hired-In Equipment insurance for not less than the Replacement Value, covering theft, accidental damage and loss for the entire Hire Period, including transit and continuation-of-hire/loss-of-use charges, with UK territorial cover and UK jurisdiction.

3.2 Evidence must be a certificate/schedule acceptable to HNF; HNF may verify cover directly with your broker/insurer.

3.3 HNF-insured (by exception): If HNF confirms in writing that we will insure the Equipment under our hired-out/dry-hire extension, your invoice will state “Insurance included by HNF (dry hire)” as a separate line. You remain liable for the policy excess, any continuation-of-hire charges, and any uninsured losses (including breaches of these Terms).

3.4 You acknowledge that Public Liability is not a substitute for All Risks (it generally excludes property in your care, custody or control).

4.1 HNF may require trade/credit references, company checks, verified addresses and photo ID (for individuals: at least one current photo ID plus two recent proofs of address).

4.2 For first-time or higher-risk hires, HNF may require a refundable deposit and additional references.

4.3 HNF may decline release if checks are incomplete/unsatisfactory.

5.1 Delivery/collection is to verify business or home addresses only unless agreed in writing.

5.2 Custody transfer occurs on signature at hand-over; risk transfers to you at that point and remains with you until signed acceptance on return.

5.3 You must examine Equipment at hand-over and notify discrepancies immediately.

6.1 No modification, firmware change, re-marking or defacement of serial numbers without written consent.

6.2 No use in hazardous environments (e.g., underwater, aircraft, stunts/pyro, extreme heat, excessive vibration, high moisture/dust) without HNF’s prior written consent and suitable additional safeguards/cover.

6.3 Theft from unattended vehicles is excluded unless all security conditions required by HNF and your insurer are met (e.g., concealed load space; forcible/violent entry evidenced in writing).

7.1 You must notify HNF immediately of any loss, theft or material damage and submit a written report within 24 hours (with police crime reference for theft).

7.2 Do not attempt repairs without HNF’s written consent.

7.3 Missing/damaged items identified on return will be documented; you (or your insurer) must settle within 7 days of invoice.

8.1 Hire charges accrue for the entire Hire Period and continue until settlement for lost/damaged items is received.

8.2 Continuation-of-hire (loss-of-use) is chargeable at the applicable daily hire rate for each missing/damaged item, capped at 13 weeks unless a third-party rental supplier stipulates otherwise for their items.

8.3 Replacement/repair is charged at Replacement Value (new-for-old) or manufacturer repair estimate plus logistics, configuration and admin.

9.1 Labels do not change risk allocation. Where no HNF technical operator/supervisor is present while Equipment is being used, that period is Dry Hire and clauses 3–8 apply in full.

9.2 If the agency/brand wishes to operate the Equipment without HNF supervision and HNF is the upstream contractual hirer from a rental house (Cross-Hire), the agency/brand must either:

a) Provide acceptable All Risks/Hired-In evidence naming values/dates and including transit and continuation-of-hire; or

b) Agree that HNF will insure via our hired-out extension, in which case the invoice will state “Insurance included by HNF (dry hire)” and agency/brand accepts liability for excess and continuation-of-hire charges.

9.3 Where the agency/brand contracts directly with the rental house, their Hired-In policy is primary; the rental house may require being named Loss Payee. HNF may request to be added as Additional Insured with Waiver of Subrogation where HNF handles/operates the Equipment.

10.1 Some rental suppliers prohibit or restrict onward hand-off/sub-hire. If HNF is the contractual hirer, you agree to comply with any consent/conditions required by the supplier (including naming them as Loss Payee, stated values, and security conditions).

10.2 You are liable for any additional costs/charges imposed by the supplier arising from your custody of the Equipment (including continuation-of-hire).

11.1 All charges are payable per invoice terms (plus VAT where applicable).

11.2 Deposits (if taken) are released after inspection and settlement of any charges.

11.3 HNF may set-off sums due against deposits or other sums held.

12.1 You indemnify HNF against all losses, damages, costs and liabilities arising from your possession/use of the Equipment during the Hire Period (including third-party claims), except to the extent caused by HNF’s negligence or breach.

12.2 HNF’s total liability (howsoever arising) is limited to the hire charges paid for the affected Hire Period; HNF excludes all indirect or consequential loss to the maximum extent permitted by law. Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited at law.

13.1 HNF may terminate and recover the Equipment at your cost if you breach these Terms, fail to pay when due, become insolvent, or if HNF reasonably believes the Equipment is at risk.

14.1 HNF may retain copies of IDs, references and hire records for fraud prevention, insurance and legal purposes in line with our privacy policy and applicable law.

15.1 These Terms (and any non-contractual obligations) are governed by English law and subject to the exclusive jurisdiction of the courts of England & Wales.

A1. Provide All Risks/Hired-In evidence for Replacement Value, with UK territory & jurisdiction and continuation-of-hire.

A2. If any items are collected from/returned to a third-party rental house on HNF’s behalf, you agree to comply with their insurance instructions (e.g., being named Loss Payee).

A3. Complete identity/credit checks as requested; HNF may require a deposit.

B1. Provide All Risks/Hired-In evidence with explicit UK territorial cover and acceptance of UK jurisdiction (or an equivalent arrangement acceptable to HNF and our insurers).

B2. On request, add Here Now Films Ltd as Additional Insured with Waiver of Subrogation for claims arising from your custody of the Equipment.

B3. Where HNF cross-hires items from a UK rental house for your job, the supplier may require being named Loss Payee; you agree to comply.

B4. HNF may require higher deposits, additional references, and delivery only to verified UK addresses.

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