EQUIPMENT LEASE AGREEMENT

THIS EQUIPMENT LEASE AGREEMENT (“Agreement”) is entered into between ENTERPRISE UAS, LLC dba “DSLRPROS”, located at 19850 Nordhoff Place, Chatsworth, CA 91311 (“Lessor”), and the individual and/or company listed in the associated Order (the “Lessee”).

APPROVAL AND ACCEPTANCE

By clicking “I AGREE”, the Lessee hereby submits a binding application to lease the Products listed in the associated Order (hereinafter referred to as simply the “Products”), according to the terms detailed below: 

• The Lease Term shall be 24 months.
• The Start Date shall be the date the Lessor ships the Products to the Lessee.
• The End Date shall be exactly 730 days from the Start Date.
• The Monthly Payment shall be the amount clearly listed in the associated Order, plus any applicable sales tax, based on the customer’s shipping address.
• The Refundable Deposit shall be the amount clearly listed in the associated Order.
• The Total Due On Start Date shall be the amount equal to the first Monthly Payment, plus the Refundable Deposit, and shall be paid by the Lessee on the Start Date.
• The Purchase Option Price shall be the amount for which the Lessee may purchase the Products after the Lease Term ends, and is clearly listed in the associated Order.

Upon receiving this Agreement, the Lessor will review and approve or deny the application within 5 business days. Acceptance of any funds by the Lessor does not constitute approval of the application. The application may only be approved by express written consent of the Lessor. Upon written approval of the application by the Lessor, this Agreement becomes fully binding.

The Lessee agrees to undergo a Credit Check, to be performed by the Lessor via a reputable 3rd party credit reporting agency. The Lessor may require further information from the Lessee in order to complete the Credit Check. The Lessee may undergo this Credit Check via their Company or as an Individual, however, the Lessor may require an Individual to undergo the Credit Check if the Lessee’s Company returns an unsatisfactory or insufficient result. The Lessor will use all reasonable efforts to complete the Credit Check and reach a decision within 5 business days.

The Lessee must provide the following additional documentation to the Lessor before the application is approved:

• Valid Government Photo ID 
• Valid FAA Part 107 License
• Proof of Liability Insurance 
• Proof of Hull/Damage Insurance 

The Total Due On Start Date shall be pre-authorized at the time the application is submitted, and automatically charged on the Start Date.

ONGOING PAYMENTS, NO EARLY TERMINATION

In addition to the Total Due On Start Date, the Lessee hereby agrees to pay the Monthly Payment every month for the following 23 months. The method of payment shall be the credit or debit card submitted with the application. Should the payment method expire within the following 23 months, the Lessee agrees to provide an updated payment method in a timely manner to avoid any late payments. The Lessor reserves the right to charge interest on any overdue payments up to a rate of 1.5% per month.

This Agreement cannot be terminated, canceled or modified at any time within the Lease Term except by express written consent from the Lessor.

The Lessor reserves the right to pursue all legal remedies to recover any payments due under this Agreement, including but not limited to reporting to credit agencies, employing debt collection services, initiating litigation and/or pursuing criminal charges. The Lessee will be responsible for all legal fees, court costs, and any associated expenses incurred by the Lessor in such cases.

ADDITIONAL ITEMS, ACCESSORIES, CONSUMABLES, ETC.

The Products are leased as described in the associated Order. No additional items are included in this Agreement, including additional batteries, chargers and propellers. Should the Lessee require additional items, these must be purchased outright, via separate transactions.

DELIVERY AND RETURN

The Products shall be delivered via a carrier of the Lessor’s choosing, at no additional cost to the Lessee. Prior to the End Date, the Lessee and Lessor shall arrange for the Products to be picked up by a carrier of the Lessor’s choosing, at no additional cost to the Lessee.

If the Lessee chooses to use an alternate shipping method or address without prior written approval from Lessor, the Lessee will be responsible for any additional shipping costs, delays, and potential loss or damage during transit. The Lessee must obtain and retain a receipt from the shipping carrier that includes a time stamp and tracking number as proof of return.

Upon receipt of the Products, the Lessee shall inspect them and report any unsatisfactory condition to the Lessor within 5 business days. 

END OF LEASE

On or before the End Date, the Lessee must return the Products to the Lessor free from damage and in good working order, subject only to ordinary wear and tear. For the purposes of this Agreement, “ordinary wear and tear” means the gradual deterioration of the Products resulting from normal, reasonable use in accordance with the manufacturer’s instructions. Ordinary wear and tear does not include damage such as cracked or broken components, missing parts, dents or deformations, corrosion or water damage, burns, deep scratches, damage caused by improper storage or handling, or any other condition that impairs the safe and proper functioning of the Products.

Upon receipt of the Products, the Lessor shall promptly inspect them. Should the Lessor find any damage or otherwise unsatisfactory condition, the Lessor shall determine an appropriate method and venue for repair and deduct all associated costs from the Refundable Deposit. Such costs may include, but are not limited to, shipping costs, replacement parts and labor.

Should the Lessee wish to retain the Products past the End Date, the following options are available:

PURCHASE OPTION

Lessee may purchase the Products for the Purchase Option Price listed above. Title for the Products shall be deemed transferred to the Lessee upon receipt of a payment equal to the Purchase Option Price, minus the Refundable Deposit.

MONTH-TO-MONTH PAYMENTS, BUYOUT AFTER 12 ADDITIONAL MONTHS

Lessee may continue to pay the Monthly Payment each month for up to 12 additional months. Lessee may return the equipment and cease making Monthly Payments at any time during this period. After the 12th additional Monthly Payment (the 36th total), the Lessee may purchase the Products for an amount equal to the Refundable Deposit. If the Lessee completes all 12 additional Monthly Payments and does not return the Products within 30 days of the final payment, title shall automatically transfer to the Lessee, and the Refundable Deposit shall be retained by the Lessor as the final purchase price. 

If the Lessee does not return the Products by the End Date, a Monthly Payment will be charged. Monthly Payments will continue to be charged until the Products are received by the Lessor, or a total of 12 additional Monthly Payments are made.

LIMITED WARRANTY

The Products are provided with limited warranty against manufacturer defects for a period of one year. 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, LESSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

DAMAGE, LOSS, AND THEFT

The Lessee is responsible for all Monthly Payments for the entire Lease Term, and to return the products free from damage (as defined in the “END OF LEASE” section above) and in original working order on or before the End Date, regardless of any accidental or intentional damage, loss, or theft of the Products. 

Should the Products become damaged, stolen or lost during the Lease Term, the Lessor may provide repair or replacement of the Products at additional cost. Such costs shall be in addition to all Monthly Payments owed during the Lease Term, and may only be applied against the Refundable Deposit after the End Date, once all other outstanding payments have been made. 

INSURANCE

The Lessee must carry insurance covering damage, loss and/or theft of the Products (Property Insurance, or “Hull Insurance”), with a minimum limit equal to all 24 Monthly Payments, plus the Refundable Deposit.

The Lessee must carry liability insurance covering 3rd party damage, injury and death, with a minimum limit of 1 million dollars ($1,000,000.00).

Failure to maintain required insurance shall constitute an immediate default, and all remaining lease payments shall become due and payable. Copies of both of these insurance policies must be uploaded to the Lessor prior to acceptance of the application. The Lessee agrees to provide proof of continued insurance coverage upon request, but not less frequently than annually. 

LIABILITY AND INDEMNIFICATION

The Lessor does not assume any liability for the use or malfunction of the Products. The Lessee is fully responsible, both legally and financially, for any damage to the Products, damage to any other property, or harm to any persons arising from the Lessee’s use of the Products. The Lessee agrees to indemnify, defend, and hold harmless the Lessor, its officers, employees, and affiliates from any and all claims, liabilities, damages, and expenses, including but not limited to legal fees, arising out of or in connection with the Lessee’s use of the Products. This indemnification includes, but is not limited to, incidents of equipment malfunction, operator error, and third-party claims related to damage, injury, or loss.

The Lessee acknowledges that they are solely responsible for ensuring compliance with all applicable laws and regulations. The Lessor and its affiliates shall not be held responsible for any laws or regulations violated by the Lessee, and shall in no way be responsible for any loss of revenue, fines or penalties incurred by the Lessee.

The Lessee must designate a competent and qualified individual to responsibly operate the equipment (“Remote Operator”). The Remote Operator must have a valid FAA Part 107 license, and shall ensure the Products are functioning safely before, during and after all operations, and that all operations are conducted in compliance with all applicable laws and safety standards. 

Any refunds, credits or payments made by the Lessor to the Lessee are granted solely at the Lessor’s discretion, and do not constitute acceptance of any liability whatsoever. 

The indemnification obligations of the Lessee shall survive the termination and/or expiration of this Agreement.

OWNERSHIP AND REPOSSESSION

The Products shall remain the exclusive property of the Lessor throughout the Lease Term. The Lessee agrees to use the Products only for their intended purposes and in a lawful manner. Any use of the Products for illegal purposes or in a manner that violates applicable laws, regulations, or ordinances is strictly prohibited. Should the Lessor become aware of any illegal or unauthorized use of the Products by the Lessee, the Lessor reserves the right to terminate this Agreement and demand immediate return of the Products. If the Lessee fails to comply with such a demand, the Lessor or its authorized agents may repossess the Products from the Lessee in compliance with applicable law. The Lessee waives any right to contest such repossession and agrees to cover all costs incurred by the Lessor in recovering the Products, including legal fees, court costs, and any associated expenses.

DEFAULT

In the event of default by the Lessee, including failure to return the Products, non-payment of any fees owed under this Agreement, or violation of any terms of this Agreement, all remaining payments under the Lease Term shall become immediately due and payable. In such cases, the Lessor reserves the right to pursue all available remedies, including but not limited to reporting to credit agencies, employing debt collection services, initiating litigation and/or pursuing criminal charges. The Lessee will be responsible for all legal fees, court costs, and any associated expenses incurred by the Lessor in such cases.

TRANSFER AND EXPORT CONTROLS

This Agreement is not transferable. The Products must remain within the responsibility and control of the Lessee at all times during the Lease Term. The Lessee shall not, under any circumstances, transfer the Products to any other Parties.

The Lessee hereby acknowledges that the Products are for civilian use only, and are not to be operated by any military end-user, or party known or suspected to have a military-related purpose.

The Lessee hereby certifies that neither the Lessee, nor any Remote Operator, nor any other known affiliates, appear on the US Treasury Department’s Special Designated Nationals (“SDN”) list or the United States Department of Commerce’s Denied Persons List (“DPL”). The Lessee shall specifically check all individuals who may come into contact with the Products against the SDN list and DPL. 

The Lessee hereby acknowledges that certain export controls may apply to some, or all, of the Products. The Lessee shall not take the Products outside of the United States under any circumstances without first obtaining express written authorization from the Lessor. Obtaining an export license directly from the US Department of Commerce does not eliminate the requirement to obtain Lessor’s express written authorization.

CONFIDENTIALITY

All information shared between the Lessor and Lessee shall remain confidential and may not be shared with any party without the express written authorization of the other party. This includes, but is not limited to all terms and conditions of this Agreement, and information collected to perform Credit Checks.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions, which shall be construed as if the invalid or unenforceable provision had never been a part of this Agreement.

GOVERNING LAW AND VENUE

This Agreement is entered into in Los Angeles County, State of California, and shall be governed by and construed in accordance with the laws of the State of California. The parties agree that any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the courts of Los Angeles County, California.

ENTIRE AGREEMENT

This Agreement, together with any invoices, receipts, or other documents incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof. Any amendments or modifications to this Agreement must be in writing and signed by both parties to be effective.

ELECTRONIC ACCEPTANCE AND ENFORCEABILITY 

The parties agree that electronic acceptance of this Agreement constitutes a signed writing under applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).