This rental agreement ("Agreement") is made between Killer Video (“KV”) and the primary account holder (“Account Holder”) to govern the use of KV’s in-store DVD and Blu-ray rentals (“Rental”).

Participation

A. Rental Account. A KV rental account is necessary in order to rent movies. Rental accounts are tied to your membership level. The following is required to set-up an account:

1. The Account Holder must be 18 years or older.

2. The Account Holder must have a valid credit or debit card on file. Visa, MasterCard, American Express and Discover are accepted. It is the Account Holder’s responsibility to ensure that the card information is up-to-date.

3. The Account Holder must present a valid, state-issued ID, passport, or military ID at check-out.

4. The Account Holder must have an active Killer Video Museum membership.

B. Account Changes. The Account holder agrees to notify KV of any change of address, phone number, credit card or other account information.

Rental Policies

A. Rental Amount. The number of DVDs/Blu-Rays the Account Holder can rent at a time is set by their membership level:

- Tier 1 = 2 at a time

- Tier 2 = 4 at a time

- Tier 3 = 6 at a time

B. Due Dates. Rentals are due back before 8pm the following Thursday after rental. KV has an after-hours drop box outside the main entrance.

C. Late Fees. The charge for late rentals is $2 per item each day the item is overdue. Late fees will be charged at the time of return. Please see Renewing By Email below to avoid incurring any late charges.

D. Renewing By Email. Account Holder can email killervideo1980@gmail.com to renew items. Please be aware that items that are on reserve for other patrons cannot be renewed and may incur late fees.

E. Possession. Once an Account Holder completes the rental transaction for an item, that item is considered to be in their possession until returned to KV.

F. Replacement of Lost Items. Should any item be deemed lost while in the Account Holder’s possession, their account will be charged for the replacement of the item along with any incurred late fees. The Account Holder hereby authorize KV to charge the credit card on file for any lost item(s). KV will notify you by phone or email of any potential charges for lost item(s) prior to charging the credit card. If the number of lost items on the account becomes excessive, KV may place the account on hold and discontinue Account Holder’s rental privileges.

G. Personal Items. Occasionally personal items are inadvertently included with or in place of rental items. In such instances, KV will attempt to return the item to the Account Holder. However, KV disclaims any responsibility for, and are hereby expressly released from, any liability arising from the loss of any personal items inadvertently returned.

H. Usage of Service. KV’s rental program is for personal, non-commercial use only. Account Holder agrees to use rental items in accordance with all applicable laws, rules and regulations. Account Holder agrees not to archive, reproduce, distribute, modify, display, exhibit, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the program.

I. Termination. KV may terminate or restrict Account Holder’s use of the rental program or all rental privileges, without compensation or notice if you are, or if we suspect that, you are (i) in violation of any of this Agreement or (ii) engaged in illegal or improper use of the program. KV can also terminate or place the account on hold in order to protect the Account Holder, KV, or our partners from identity theft or other fraudulent activity.

Credit Card Policy

A. Credit card numbers are held on a secure system using Square.

B. The Account Holder agrees to allow KV to charge the credit card on file and authorizes KV or its collection service(s) to recover losses in ways consistent with KV rental or sales policies including, but not limited to:

- Failure to return any rental item(s)

- Damage to any rental item(s)

- Late fees in accordance with KV policy

- Damage to any property or person(s) at KV

- Any other unpaid charges

C. The Account Holder further authorizes KV to pursue any and all legal collections efforts and to pay the costs of these efforts, in addition to any and all outstanding balances.

Disclaimers of Warranties and Limitations on Liability

A. Rentals and all features or functionalities associated with them, are provided "as is" and "as available" with all faults and without warranty of any kind.

B. To the extent permissible under applicable laws, in no event shall KV, or its directors, officers, employees or volunteers be liable (jointly or severally) to Account Holder for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever.

Miscellaneous

A. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Ohio U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that Account Holder may be entitled to under the mandatory laws of their state of residence.

B. Survival. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

C. Changes to Agreement and Assignment. KV may from time to time change the Agreement. Such revisions shall be effective immediately; however, for existing account holders, such revisions shall, unless otherwise stated, be effective 30 days after posting. KV may assign the Agreement to any entity that succeeds to all or substantially all of our business or assets related to the applicable KV service. KV may also delegate certain of our responsibilities under the Agreement to independent contractors or other third parties.

D. Electronic Communications. KV will send information relating to your account (e.g. payment authorizations, receipts, confirmation messages, notices) in electronic form only to the email address provided during registration.