This Rental Agreement ("Agreement") is made between Killer Video (“Killer”) and the Primary Account Holder (“Account Holder”) to govern the use of Killer’s In-store Rental (“Rental”)

1. Participation

a. Rental Account. A Killer Video Rental Account is necessary in order to rent movies. Rental accounts are tied to your membership. 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, current credit or debit card on file. We accept Visa, MasterCard, American Express, and Discover.

3. For In-store Rental: A valid State issued ID, passport, or military ID must be presented at check-out.

b. Account Changes. The Account Holder agrees to notify Killer Video of any change of address, phone number, credit card or other account information.

c. Account Users. A User is any person authorized by the Account Holder to use the account.

1.The Account Holder may only authorize Users in person for use towards In-store Rental services.

2.The Account Holder agrees to be held financially responsible for any charges or fees incurred by Users on their account.

2. Rental Policies

a. Rental Amount. Amount of rentals at a time is set by your membership level. Tier 1 is 2 at a time, tier 2 is 4 at a time and tier 3 is 6 at a time,

b. Due Dates. Rentals are due back before 8pm the following Thursday after rental.

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

d. Renewing By Phone. You can call the store during normal business hours to renew your items by phone. Please be aware that items that are on reserve for other patrons can not be renewed, and may incur late fees, so plan to call before your rental period has expired.

e. Possession. For In-store Rentals, once an Account Holder completes the rental transaction for an item, that item is considered to be in their possession until returned to Killer Video.

f. Replacement of Lost Items. Should any item be deemed lost while in the Account Holders possession, they may be charged for the replacement of the item along with any incurred late fees. You hereby authorize us to charge the credit card on file for any lost item(s). We will notify you by phone or email of any potential charges for lost item(s) prior to charging your credit card. If the number of lost items on your account becomes excessive, as we may determine in our sole and absolute discretion, we may place your account on hold and discontinue rental privileges.

g. Personal Items. Occasionally we identify personal items inadvertently included with or in place of rental items. In such instances, we will attempt to return the item to the customer. However, we disclaim any responsibility for and are hereby expressly released from any liability arising from the loss, re-transmission, or failure to return any personal items inadvertently submitted to us.

h. Usage of the Service. Killer Video’s rental program is for personal, non-commercial use only. You agree to use rental items in accordance with all applicable laws, rules and regulations. You agree 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 by us. We may terminate or restrict your 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. We can also terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity.

3. Credit Card Policy

a. It is the Account Holder’s responsibility to ensure that the credit card information is up-to-date.

b. Credit card numbers are held on a secure system using Square. Details on Privacy and Security.

c. The Account Holder agrees to allow Killer Video to charge the credit card on file and authorizes Killer Video or its collection service(s) to recover losses in ways consistent with Killer Video 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 Killer Video policy

Damage to any property or person(s) at Killer Video

Any other unpaid charges

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

4. Disclaimers of Warranties and Limitations on Liability

a. The In-store Rental services 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 Killer Vide, or its directors, officers, employees or volunteers be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever.

5. 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 you may be entitled to under the mandatory laws of your 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. We may, from time to time, change the Agreement. Such revisions shall be effective immediately; provided however, for existing account holders, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign the Agreement to any entity that succeeds to all or substantially all of our business or assets related to the applicable Killer Video service. We may also delegate certain of our responsibilities under the Agreement to independent contractors or other third parties.

d. Electronic Communications. Killer 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.