Preamble

  1. The Lessor offers the client short term renting of DVD, and video games, exclusively for personal use.
  2. The contract has for objective the goal of providing the terms and conditions regulating the rental to the client by the Lessor of DVD, and video games, as well as their use by the client.

Art.1 Lessor Obligation

    1. The Lessor provides the client with the availability of DVDs, and video games through the automated Fastfliks dispenser (24 hours a day) or other adequately installed store equipment.
    2. DVD, and video games available for rental will be both in perfect functioning condition and built.
    3. Upon signature of this contract, the Lessor provides the client with a numbered client card allowing identification of the client. This card permits the client to access the Fastfliks dispenser and/or terminals. Clients of legal age will be given 2 personal and confidential access codes, one of which permits access to DVD, and video games having a rating classification other than “General” as according the appropriate Provincial Movie and Cinema Board.

Art. 2 Client Obligation

    1. The client agrees to make use of the DVD, and video games rented in accordance with the conditions and the rights of the Lessor detailed in the contract as well as with strict respect of all copyrights.
    2. The client, if of legal age, recognizes the obligation to avid the lending and projection of videos illegal to minors, and thereby consents to the prohibition of communicating the main access code indicated in the present contract, and to abstain from lending one’s card to third parties.
    3. The client agrees that the assigned client card is solely for personal usage. He must signal its loss or theft within 24 hours to the Lessor, in person or via registered mail. The client is responsible for any client card used by a third party prior to the posting of the registered letter declaring its loss.
    4. The client agrees that the DVD, and video games rented are exclusively for personal and private use. The client recognizes that copyright laws protect the contents of the DVD, and video games. They cannot be reproduced in any manner, nor broadcast for commercial use.

Art. 3 Client Card Operation

    1. The amount paid by the client as credit upon the client card is accessible at the same day. With every rental transaction, the amount corresponding to the rental cost of each DVD, and video games will be multiplied by the number of days for which the item is in the client’s possession, plus all applicable taxes. Rental fees will only be charged and debited from the client card upon restitution of the DVD, and video games to the dispenser.
    2. The client can access and use the amount credited on the client card for a period of 12 months. Upon expiration of the amount credited on the card, (or if the amount credited on the card is insufficient to cover the cost of the desired rental transaction) the client is automatically informed via the terminal screen. The client then has the possibility of proceeding, by method of payment, to add new funds that will add to any residual credit remaining.
    3. If for any reason, the client does not use the entire amount paid out upon delivery of the client card within the 12-month period, the remaining sum will automatically be appropriated to the Lessor.

Art. 4 Term

    1. The present contract lasts for a term of 365 days. Following the termination of the contract, the client can, if desired, enter into a new contract at the value of the current applicable price. The present contract will automatically conclude the moment the client card is discharged of any remaining credit or will be renewed for an additional period of 365 days with each recharge of the card by the client.
    2. In the case where a client breaches any of the terms specified by the contract, the Lessor reserves the right to demand the return of the client card and any DVD, and video games rented and in the client’s possession as well as restricting access to the dispenser. In such a scenario the Lessor must also reimburse the client for any remaining credits on the client card minus any additional charges due.
    3. The client can end this contract at any time via a registered letter to the attention of the Lessor. The contract will end 20 days after the reception of the registered letter by the Lessor.

Art. 5 Material Restitution – Additional Fees

    1. The client is allowed to keep each DVD, and video games for duration no longer than 14 days after its receipt. At the expiration of this contract, for any reason, all DVD, and video games in the client’s possession must be returned in good condition given normal usage.
    2. In the case that the client retains a DVD, and video game for a duration longer than 14 days, the client will be held responsible for paying supplemental fees equal to $30.00 per DVD movie and $75.00 per DVD game.
    3. All DVD property on loan to the client remains the exclusive property of the Lessor

Art. 7 Damage or Loss
In the case that a DVD, and video game is lost, destroyed, damaged, or stolen before being returned, the client will pay the total retail price including all applicable taxes.


Art. 8 Confidential Information
The information provided by the client to the Lessor will be treated as confidential and will be used exclusively for the ends of the present contract. This information will not be transmitted or sold to any third party.


Art. 9 Applicable Rights
All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) and whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the applicable province and the country of Canada.


Art. 10 Signature
The client understands prior to signing that the Lessor has signed this contract and has allowed the client to fully understand the terms stated within and their implication.


Art.11 Duplicate
The client agrees to accept a duplicate of this contract and that it is the sole agreement between the two entities.


Art.12............ RETURN POLICY 
ALL DVD PURCHASES ARE FINAL. DVD MOVIE OR GAME RENTALS WILL BE ISSUED A CREDIT TOWARD THEIR NEXT RENTAL IMMEDIATELY UPON RETURN AND CONFIRMATION OF DAMAGE TO DVD RENTED.
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