Costume Collection For Clara Thomas Archives Celebration For Heritage Singers-October 16. 2025 to be returned -on or before October 31st, 2025
Costume Collection with list of Costume Collection &
Accessories For Clara Thomas Archives Celebration For Heritage Singers-October
16. 2025 to be returned by Debbie Ebanks
Schlums on or before November 2nd, 2025.
EQUIPMENT BORROWINGAGREEMENT THIS AGREEMENT made at Toronto
in the Province of Ontario the _____ day of ________________, 2019 by and
between HERITAGE SINGERS CANADA AND GRACE LYONS, hereinafter called “the Owner”
and ________________________ , hereinafter called “the Borrower”. BORROWER NAME
WITNESSETH: That the Owner and the Borrower have mutually agreed as follows: BORROWER’S
FULL LEGAL NAME:____________________________________________ # STREET, CITY,
FULL BILLING ADDRESS:________________________________________________ COUNTRY,
POSTAL TEL: (__ __ __) __ __ __-__ __ __ __ EMAIL: ___________________________
AUTHORIZED REPRESENTATIVE:_________________________________________ TEL: (__ __
__) __ __ __-__ __ __ __ EMAIL: _____________________________ TERMS AND
CONDITIONS The Agreement is subject to the terms and conditions as hereinafter
set forth below and on the reserve sides, all of which form part of the borrowing
agreement and the Borrower acknowledges to have read and agreed to be bound
hereby.
1. RECEIPT AND INSPECTION The Borrower acknowledges that it
has inspected the Equipment and all the accessories, and materials used, if
any, prior to taking possession thereof, and has finds them in good working
order and repair, and suitable for Borrower's needs. The Borrower is also
responsible for any damage the Borrower causes to the equipment, premises or
persons as a result of the Borrower’s prepping activity. Any breach of this provision shall be deemed
a material breach of this Agreement and entitle the Owner to any of its
remedies herein.
2. NO WARRANTIES THERE ARE NO WARRANTIES OR REPRESENTATIONS,
EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO, THE CONDITION OF EACH ITEM OF EQUIPMENT, OR ITS FITNESS FOR ANY PARTICULAR
PURPOSE.
3. DELIVERY OF EQUIPMENT Unless otherwise provided, the Borrower
is responsible for the delivery and transportation of the Equipment to and/or
from the Owner’s place of business and any borrowing agreed upon and bears all
costs (transportation charges, taxes, duties, broken fees, bonds, insurance Equipment
Borrowing Agreement Owner’s Initials
OC Borrower’s Initials
__You__ and any other costs)
incurred during transit. The Owner has discretion as to the method of delivery
and the Borrower must, at all times, bear the risk and the cost of delivery.
The Equipment will be deemed to be free from damage and defects at the time the
Borrower takes possession unless otherwise agreed. The Owner is not responsible
for any delay or default by the Borrower, the carrier, or any third party in
the pickup, delivery, shipping or storage of the Equipment.
4. USE AND MAINTENANCE OF EQUIPMENT The Borrower agrees to
use, operate, maintain and store the Equipment with due and professional care
in the manner for which the Equipment is intended and in compliance with
manufacturer’s requirements, recommendation and specifications including but
not limited to any warranty restrictions, applicable insurance requirements,
copyright and in strict accordance with all applicable laws. The Borrower
guarantees that the Equipment shall only be used by the Borrower or the Borrower’s
duly authorized employees or contractors who possess the appropriate
qualifications, skills and experience. The Owner shall have no responsibility
for the conduct of any of the operators of the Equipment whether or not they
are agency clients of the Owner and the supervision of and responsibility for
the operators remains always the Borrower’s responsibility. The Borrower shall
retain exclusive control and custody of the Equipment and shall adopt such
precautions, security and other measures as are reasonably necessary and
appropriate to protect the Equipment from loss, damage or deterioration during
the borrowing period. Unless otherwise
provided in this Agreement and/or with the Owner’s prior written consent, the Borrower
shall not remove the Equipment from Canada nor shall the Borrower make any
alterations, additions or improvements to the Equipment including but not
limited to the removal of serial numbers and the Owner’s logos. In the event
the Borrower uses any equipment or components from any other provider together
with the Owner’s Equipment, then the Owner shall not be responsible for any
equipment malfunction or damage of any kind resulting from such use. Borrower
will take reasonable precautions in regard to the use of the Equipment to
protect all persons and property from injury or damage. The Borrower shall not
allow the Equipment to be used on any abnormal or hazardous assignment without
prior written permission of the Owner. This includes but is not limited to
environments where the equipment could be affected by atmospheric or
environmental corrosion, including volcanic or salt laden atmospheres, sandy,
dusty, salt water or fresh water environments, and on boats or over water.
5. RETURN OF EQUIPMENT At the expiration of the borrowing
term, the Borrower will return the Equipment together with all accessories,
free from all damages and in the same condition and appearance as when received
by the Borrower. Equipment will be deemed to be "lost" when Borrower
has failed to return the Equipment to Owner within three (3) days of expiration
of the borrowing period. Late returns
are subject to an interest at ten percent (10%) per annum and an additional
late fee of one fifth of the three (3) day rate per day. After thirty (30)
days, Borrower will pay to the Owner the replacement cost of the Equipment.
TIME IS OF THE ESSENCE of this agreement.
6. ADDITIONAL EQUIPMENT Additional Equipment may from time
to time be added as the subject matter of this Agreement as agreed on by the
parties. Any additional property will be added in an amendment describing the
property, the location, and stipulated loss value of the additional Equipment. Equipment Borrowing Agreement Owner’s
Initials OC Borrower’s Initials __You__
7. LOSS AND DAMAGES
TO EQUIPMENT Once the Borrower have taken delivery of the Equipment, the Borrower
is responsible for all loss, damage or destruction of the Equipment including
but not limited risk or loss at the Owner’s premises, in transit, loading,
unloading or in storage at any and all named and unnamed locations. If the
Equipment is lost or damaged, the Borrower will provide the Owner with prompt
notice of such loss or damage and allow Owner to charge Borrower’s credit card
or notify the insurance company of the Borrower for the full cost of repair of
said damaged Equipment. Owner expressly reserves the right to choose the repair
method and venue within reasonable market value terms. The Borrower will be
responsible for all repair costs for any damaged or malfunctioning Equipment,
including any cost incurred due to business interruptions for set equipment.
Rent due pursuant to this clause shall accrue at the initially contracted rate.
The Borrower hereby agrees that the Owner shall be subjected to any recovery
rights the Borrower may have for damage to the Equipment leased.
8. The Borrower agrees to ensure that the Equipment is
returned to the Owner, such that the Equipment is returned in a state that is
suitable for subsequent immediate lease following the borrowing period.
9. TITLE TO EQUIPMENT This Agreement only gives the Borrower
the right to use the Equipment consistent with the terms of this Agreement. The
Borrower shall not sell, mortgage, pledge or otherwise convey an interest in
the Equipment, or subject it to any lien, encumbrance or legal process. Upon
the Owner’s request, the Borrower will promptly execute one or more standard
statement(s) as reasonably required to evidence the Owner’s ownership of the
Equipment under this Agreement.
10. SALE OR ASSIGNMENT BY THE OWNER The Borrower hereby
acknowledge that the Owner has the right to sell, encumber or otherwise assign
the Owner’s right in this Agreement or the Equipment to a third party. In the
event of such an assignment by the Owner, the Borrower agrees to promptly
execute such documents as may be reasonably requested by the Owner or its
assignee to evidence, acknowledge, secure and complete such assignment.
Notwithstanding The Owner’s rights to enter into an assignment, no such
assignment shall interfere with the Borrower’s use of the Equipment under this
Agreement. No such assignment shall relieve the Borrower of the Borrower’s
obligation to the Owner or its assignee under the Agreement. In the event of an
assignment, the Borrower shall, upon the Owner’s written request, pay any and
all amounts due under the Agreement to the Owner’s assignee and/or the Owner in
the manner specified in such request.
11. INSURANCES By entering into this Agreement, the Borrower
agrees to hold the following insurances: (a) Property: The Borrower shall, at
its own expense, maintain at all times during the term of this Agreement, all
risk perils property insurance (“Property Insurance”) covering the Equipment
from all sources including coverage for, without limitation, (i) theft by
force, by fraudulent scheme and/or “voluntary parting; (ii) mysterious
disappearance and (iii) loss of use of the Equipment. Coverage shall begin from
the time the Borrower or its agents pick up or begin prepping the Equipment at
its place of business, or take delivery of the Equipment, whichever is
applicable, and shall continue until the time the Equipment is returned to and
accepted by the Owner. The Property Insurance shall be Equipment Borrowing Agreement
Owner’s Initials OC Borrower’s Initials __You__ on a worldwide basis with respect to the
Equipment and shall cover all risks of loss of, or damage or destruction to the
Equipment and shall, in no event, be less than $1,000,000. The insurance shall
name the Owner as loss payee, and expressly provide that the Owner’s rights
shall not be affected by any act or neglect or breach of condition by the Borrower.
(b) Liability: The Borrower shall at all times maintain liability insurance
(“Liability Insurance”), including coverage for the operations of independent
contractors and standard contractual liability coverage. The Liability
insurance shall name the Owner as an additional insured and such insurance
shall remain in effect during the course of this Agreement, and shall include,
without limitation, (i) Commercial General Liability: $1,000,000 per occurrence
& annual aggregate of $2,000,000. Standard contractual liability, personal
injury liability, completed operations, and product liability shall be
included. (ii)Foreign Liability (if filming outside of USA or Canada):
$1,000,000 per occurrence limit. (iii) Aircraft Liability (if filming from an
aircraft): $5,000,000 per occurrence limit. The Owner provides no liability
insurance coverage for any equipment. All insurance required by this Agreement
shall be written by insurers licensed to do business in Canada with experience
insuring film production acceptable by the Owner. The Borrower shall provide
the Owner with a Certificate of Insurance before any Equipment is rented. No
insurance will be cancelled during this Agreement, nor may any be materially
modified or reduced upon less than 30 days prior written notice to the Owner.
They must cover any rent charges incurred while Equipment is lost, damaged or
destroyed. Should the Borrower fail to procure or pay the cost of maintaining
in force the insurance specified herein, or to provide the Owner upon request
with satisfactory evidence of the insurance, the Owner may, but shall not be
obliged to, procure the insurance and the Borrower shall reimburse the Owner on
demand for its costs. Lapse or cancellation of the required insurance shall be
deemed to be an immediate and automatic default of this agreement.
12. INDEMNITY The Borrower assumes all risk of loss or
damage to the Equipment or resulting from its inspection, shipment, or use for
the duration of the borrowing term. The Borrower hereby indemnifies and holds
harmless the Owner, including its owners, directors, agents and employees, from
and against any and all loss, damage, claim, or liability of any kind or nature
whatsoever, including legal expenses, arising from the condition (including,
without limitation, latent and other defects), use, or operation of the
Equipment, or any malfunction of any kind during the borrowing term. This
indemnification shall survive this Agreement for any and all causes or events
arising during its term.
13. DEFAULT Each of the following described events or
circumstances shall constitute an event of default (“Event of Default”)
hereunder: (i) default by the Borrower in the payment of Rent under this
Agreement if such failure remains uncured for THREE (3) days after the due date
therefor; or (ii) breach of, failure to perform or observe any of the terms,
covenants or conditions of this Agreement when due; or (iii) the Borrower
assigning or attempting to assign the Equipment or any interest therein as
security or otherwise, or (iv) any lien or encumbrance being placed against any
item of the Equipment by any person or entity claiming rights against the Borrower;
or (v) the Borrower becoming insolvent or executing an assignment for the
benefit of creditors; or (vi) a voluntary or involuntary petition in bankruptcy
being filed by or against the Borrower; or (vii) the Borrower misusing,
mishandling or damaging the Equipment and/or refusing to provide the Owner
access to inspect it; or (viii) the Equipment Borrowing Agreement Owner’s
Initials OC Borrower’s Initials __You__ Borrower attempting to remove the
Equipment from Canada without the Owner’s prior written consent; or (ix) any
legal process of any kind being initiated with respect to the Owner’s
Equipment.
14. REMEDIES OF THE OWNER Without notice to or demand upon
the Borrower, the Owner shall have the right (but not the obligation) to cure
or attempt to cure any Event of Default, at any time and in the name of the Borrower
or the Owner. At any time after an Event of Default, the Owner may exercise,
but is not obligated to exercise, any one or more of the following remedies, in
whole or in part and separately, consecutively or concurrently the following
remedies: (i) declare the entire amount of rent payable under this Agreement to
be immediately due and payable from the time of breach; or (ii) sue for and
recover all Rent or other sums due or payable under this Agreement; or (iii)
take possession of the Equipment without demand or notice and without liability
for trespass or other damages in connection with such taking, the exercise of
any of the foregoing remedies not amounting to a termination of this Agreement
unless the Owner notifies the Borrower thereof in writing; (iv) the Owner may
terminate this Agreement at its reasonable business discretion, and may recover
from the Borrower the difference between any Rent which would have accrued for
any continued borrowing period and the rent the Owner may actually receive from
re-renting such Equipment(if any); and (v) the Owner may pursue any other
remedy at law or in equity, and all such remedies are cumulative and may be
exercised concurrently or separately. In the event the Owner is required to
take any legal or other action to enforce this Agreement or secure payment for
damages or lost Rent, including arbitration or any other form of alternative
dispute resolution, the Owner shall be entitled to recover legal fees, expert
witness fees, and all other costs of such action(s), regardless of whether the Borrower
or its insurer is held ultimately responsible for the Owner 's damages or loss.
15. NO SUBLEASE The Borrower warrants that the Borrower will
not sub-rent or sublease any of the Equipment without the Owner’s prior written
consent.
16. WAIVER Any waiver by the Owner of any term or condition
of this Agreement must be in a writing signed by the Owner in order for it to
be effective. Any waiver is limited to the specific circumstances, place and
time identified therein, and shall not be applicable to any other
circumstances, place or time.
17. ENTIRE AGREEMENT This Agreement constitutes the entire
agreement between the parties regarding the transactions to be performed
hereunder and supersedes any previous agreement, understanding or arrangement
whether written or oral. This Agreement will extend to and be binding upon and
inure to the benefit of the respective heirs, executors, administrators,
successors and assigns, as the case may be, of each Party to this Agreement.
18. SEVERABILITY If any provision of this Agreement or the
application of any of its provisions to any party or circumstance is held
invalid or unenforceable, the remainder of this Agreement, and the application
of those provisions to the other parties or circumstances, will remain valid
and in full force and effect. Equipment Borrowing Agreement Owner’s
Initials OC Borrower’s Initials __You__
19. GOVERNING LAW This Agreement will be deemed to be
executed and delivered in the Province of Ontario and shall be subject to and
governed by the laws and regulations of the Province of Ontario without regard
to the jurisdiction in which any action or proceeding may be instituted.
20. This Agreement may be executed in counterparts and by
facsimile signature or signature that is scanned and transmitted by e-mail;
such forms of signature shall be deemed to be original and fully binding. 25.
The Borrower has the rights to use the Kitchen and office area during his/her
studio location, and should return them in a clean condition; otherwise, there
will be a $200 charge.
21. There will be no
charge for a technician during the borrowing period, but there must be a
technician present in studio at any time. IN WITNESS WHEREOF the parties hereto
have executed this Agreement on the day and date first above written.
AUTHORIZED REPRESENTATIVE OF OWNER OC Rep Signature
_______________________________________ Print Name:
_______________________________________ - BORROWER Your Signature
_______________________________________ Print Name:
_______________________________________
PROPERTY LENT TO DEBBIE SCHLUM BY THE HERITAGE SINGERS
CANADA AND GRACE LYONS.
|
ITEM# |
ITEM |
|
DATE
COLLECTED |
DATE
RETURNED |
RECEIVED
BY |
|
|
1 |
One
purple and yellow man’s shirt |
|
|
|
|
|
|
2 |
Orange
man’s shirt costume & black pants |
|
|
|
|
|
|
3 |
Purple
Holland shirt & Khaki pants |
|
|
|
|
|
|
4 |
Satin
Ladies costume |
|
|
|
|
|
|
5 |
1 pair
of men’s shoes |
|
|
|
|
|
|
6 |
1 pair
of lady’s slippers & black pumps; silver and gold beads |
|
|
|
|
|
|
7 |
Lady’s Elizabethan
Lime Green and orange apron and red beads |
|
|
|
|
|
|
8 |
Peach
skirt& White blouse; peasant costume. |
|
|
|
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|
|
9 |
|
|
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|
|
10 |
|
|
|
|
|
|
|
11 |
|
|
|
|
|
|
|
12 |
|
|
|
|
|
|
|
ITEM# |
ITEM
13- 18 T shirts |
|
DATE
COLLECTED |
DATE
RETURNED |
RECEIVED
BY |
|
|
13 |
Zacatecas
Mexico, 6th Intl Festival
of Dance and Folklore |
|
|
|
|
|
|
14 |
Festival
of Dance Pijiguano Musical Guyana-Venezuela 2004 |
|
|
|
|
|
|
15 |
International
Folk Dance Festival, Mecklenburg, Germany 2000 |
|
|
|
|
|
|
16 |
Heritage
Singers Canada 1977 Logo |
|
|
|
|
|
|
17 |
The
Heritage Singers Folklore Dance Festival-Odoorn, The Netherlands 1996. |
|
|
|
|
|
|
18 |
Nan
Ying Folklore Festival, Tai Nan, Taiwan 1998 |
|
|
|
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|
|
19 |
shirt |
|
|
|
|
|
|
20 |
shirt |
|
|
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|
21 |
shirt |
|
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22 |
shirt |
|
|
|
|
|
|
11 |
shirt |
|
|
|
|
|
|
12 |
shirt |
|
|
|
|
|
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