(858) 350-4324 [email protected]

DRONE RENTAL LEASE AGREEMENT

This Lease agreement between

  • Lessor  – Mapping Operations Data Unmanned Solutions, DBA MODUS

               AND

  • Lessee   

This agreeement  shall be in force as soon as the Lessee makes payment.

 

  •  A deposit may be required of the Lessee by the Lessor. Said deposit will be held by Lessor until the leased equipment is returned to the Lessor by the Lessee in good condition. The deposit may be used to cover damages to the equipment incurred during the Lessee rental period. Lessee authorizes Lessor to charge the credit card on file for any damages, late fees, repair fees that exceed the deposit.
  • If the leased equipment is not returned or is damaged beyond repair, the customer will be billed full retail value of the equipment.
  • Lessee shall return the equipment in the same fashion and packaging method as it was received. Lessee shall be responsible for missing packaging and equipment damage or loss incurred due to improper use.
  • Lessee is notified not to fly the drone in the rain or allow it to get wet as this will cause damage for which Lessee will be liable.
  • Rental period starts the day the drone is picked up. The drone shall be returned on or before the business day of the last day of the rental period. A business day shall be defined as Monday through Saturday, during regular business operating hours. After the rental period is over, late fees will accrue in the amount of the daily rental rate for the equipment. Optionally, the Lessee may purchase extra rental days and keep the drone for longer periods as long as approval from Lessor is obtained. A rental more than seven days late (without prior arrangement) will be billed the entire replacement cost.
  • Lessee shall be held responsible for any damage, loss or theft of the drone rental equipment.
  • Lessee shall notify Lessor beforehand of any international transportation or transportation utilizing any commercial flight of the leased equipment.
  • Insurance requirement. Lessee is required to carry full replacement coverage, $2 million in Liability, and $500,000 in personal injury coverage. The lessee shall provide a certificate of insurance (COI) showing the coverage for full (100%) replacement coverage for the value equipment being rented.  The COI shall list the Lendor as a cert holder on the policy.
  • Lessee shall pay any fees for damages assessed within ten days of receipt of an invoice for said damages. Payment is due in full after ten days after receipt of invoice, afterwards, a 1% per day late fee will be applied to the outstanding balance.
  • Lessee shall be liable for all damage to equipment not covered by insurance. Lessor may charge a fair market labor rate for any repairs needed as well as charges for lost revenue while the equipment is being serviced.
  • Any damage to rented equipment will be billed at the market value of parts and repair costs plus markup. Parts will be repaired or replaced at Lessor discretion.
  • Lessor may charge a $50 fee for any gimbal clamp or lens cap that is lost, broken, or not firmly in place on the camera gimbal upon return because of the damage this may cause to the camera gimbal.
  • Lessor (MODUS), it’s owner, or it affiliates are not responsible or liable for any laws broken, fines or penalties incurred, accidents, damage to person or property, invasion of privacy, sabotage, or damage to the leased equipment whether unintentional or intentional by Lessee or any other mishap that may occur when Lessee is using the drone, including drone malfunction out of control of the user (Lessee). Lessee accepts full responsibility for damage to people or property including themselves and the leased equipment and for operating the drone in a safe manner.
  • Lessor (MODUS) makes no representation as to the satisfactory operation of the leased equipment and will only process refunds at Lessor’s discretion. Any and all equipment will be thoroughly tested before each rental period.
  • Lessor will not be liable to the Lessee for consequential damages resulting from any defect or deficiencies in accepted items.
  • Lessee shall, prior to returning the equipment, immediately notify Lessor of damage incurred to equipment or unsatisfactory equipment performance and provide a written statement of said damage or irregularity and the events and conditions during the time, including, but not limited to the conditions of flight, the wind and weather at the time, and any other pertinent information.
  • Lessee shall be charged, at Lessor discretion, a lost revenue fee equal to the daily rental rate of the equipment rented for the number of days for which the equipment is out of service for repair, if repairs are needed.
  • Lessor may, at its discretion, modify these terms and conditions of Lease and Lessee will be responsible for the new terms.
  • Any information provided by MODUS, its owner, or affiliates on its website or via email or any other means of communication should be considered as “information only,” Lessee is responsible for obtaining the correct information on drone operation, care, and control, and laws applicable to drone operation where the Lessee lives. This rental agreement shall take precedence should there be a conflict between this rental agreement and any other communication.
  • Lessor reserves the right to refuse service to anyone. Lessor also reserves the right to perform background and credit checks on potential Lessees, at Lessor discretion.
  • Lessee acknowledges that the drone is not a toy and has fast spinning rotors, is a heavy flying object, and can be dangerous.
  • Lessee is encouraged to learn all federal, state, and local laws that may be applicable to drone usage.
  • Lessee acknowledges being 18 years of age or older.
  • Lessee shall not alter or attempt to repair any of the drone rental equipment.
  • Lessee shall return the leased equipment in a timely fashion in accordance with the terms of this lease with all equipment accounted for and in good working condition, normal wear and tear excepted.
  • Reservation cancellation policy: Lessee shall be entitled to a full refund if reservation is canceled at least seven days before the equipment lease start date. Lessee shall be entitled to at least a 50% refund of the equipment lease rate if reservation is canceled at least three business days before equipment lease start date. Lessor may process other refunds at Lessor’s discretion. Lessor may issue a “cancellation fee” to the Lessee at Lessor’s discretion. Equipment rental rate is non-refundable if cancellation occurs within three business days before the equipment lease start date. Equipment Protection Plan fee is fully refundable provided the equipment has not yet been shipped to the Lessee.
  • This Agreement is entered into in San Diego County, the State of California and the venue for any dispute hereunder shall lie in San Diego City Courts. The parties (Lessor & Lessee) agree that this agreement shall be construed pursuant to the laws of the State of California.
  • In the event of default, or a lost or unreturned item, Lessor reserves the right to pursue civil and criminal remedies against Lessee, including, but not limited to, taking immediate possession of the Equipment; obtaining, by Lessee’s credit card or otherwise, from Lessee the cost of the full retail price of a comparable substitute of Equipment and late fees assessed prior to deeming the Lessee in default or the Equipment lost or unreturned; notifying a collections agency, which immediately results in additional attorneys’ and collection fees being charged to Lessor; filing of criminal charges; employing “skip tracer,” private investigator, or repossession agency to collect the Equipment or goods sufficient to repay the value of the Equipment; and/or pursue any and all legal remedies against Lessee. These remedies are not exclusive. In the event of litigation to recover any such damages, Lessee is held responsible for all legal fees and costs, including legal counsel and representation, incurred by Lessor.
  • Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable by California State law.
  • Warnings: LiPo (Lithium Polymer) batteries can be a dangerous fire hazard. Lessee is advised to read the information contained in the manuals and on the internet on safe charging, handling, and storage information. At a minimum Lessee should charge LiPo batteries while attended on a fireproof surface. Lessor shall not be held liable for any accident, incident, or mishap resulting from the storage, use, or charging of LiPo batteries.
  • Lessee is hereby notified of the following required operating practices:
  • Do not fly out of the line of sight
  • Do not fly at night without an official night waiver
  • Do not fly over 400 ft above ground level
  • Do not operate within a five mi radius of the airport without ATC approval
  • Do not fly near manned aircraft or any other unmanned aircraft. Unmanned aircraft must yield the right of way to manned aircraft
  • Do not operate in areas of magnetic or electromagnetic interference or disturbance
  • Do not start a flight on a metal surface such as a sewer cover or metal truck bed
  • Do not stand directly under the drone
  • Do not fly over people
  • Do not fly close to radio, cell, or microwave towers that could interfere with the drone
  • Do not fly drone when it is below 30% battery
  • Do not fly in high winds
  • Do not fly in the rain or other inclement weather
  • Do not land in wet grass or mud
  • Do not fly indoors
  • Do not fly on cold batteries (equipment left in the cold will not function properly)
  • Always give right of way to manned aircraft: if manned aircraft (helicopters, airplanes, etc.) appears in the visual line of sight, or even upon hearing it, decrease altitude and land the drone until the airspace is clear
  • Always be ready to override any automatic flight mode such as return to home, active track, waypoints, etc.
  • Always read and follow the Quick Start guide exactly before every flight
  • Always practice and learn to fly in an open area grass field away from people, buildings, and trees.
  • Always scout out your flight area before you start the drone. Take note of tree limbs, buildings, people, other obstacles and uneven terrain that may be near your flight path.
  • Always place black rotors on the two black posts and the silver rotors on the silver/white posts. NOTE THAT THAT THE BLACK ROTORS SCREW ON COUNTER CLOCKWISE.
  • Always fly in an open area over the soft ground until you are comfortable with the control and operation of the drone. MODUS requires all operators to attend training provided by MODUS and obtain a MODUS operations certification before equipment rental. Operators are kept on file with MODUS.
  • Always assure battery is firmly locked in place securely before flying
  • Always calibrate compass correctly (will not work indoors)
  • Always check IMUs (and if required perform IMU calibration.)
  • Always assure a full charge on batteries, wifi extender, and remote control before the flight
  • Always land the drone immediately if any abnormal operation is noticed or an error message comes up on the FPV screen.
  • Remember that a drone flying up to 30+ mph has a lot of inertia, and the forward movement of the drone will continue for some distance even after you have rotated the drone. Plan ahead for obstacle avoidance.
  • Consider doing an IMU, gimbal, and remote calibration if the drone seems not to be responding appropriately.