Rental Agreement Terms and Conditions

This Rental Agreement ("Agreement") is made between SV Archive dba Scarecrow Video (“Scarecrow”) and the Primary Account Holder (“Account Holder”) to govern the use of Scarecrow’s In-store Rental (“Rental”) and Rent By Mail (“RBM”) services and all features and functionalities associated therewith. This Agreement supersedes any previous rental agreements made with Scarecrow Video.

1. Participation

a. Rental Account. A Scarecrow Rental Account is necessary in order to rent movies. Rental accounts are free. 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.

4. For RBM: Each Account Holder is subject to identity confirmation by Scarecrow staff before their account is activated.

b. Account Changes. The Account Holder agrees to notify Scarecrow 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. Only the Account Holder is authorized for RBM services.

3. 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 Prices. Individual item rental prices are indicated on the Rental Item page and available in the store including on the policy sheet provided during registration. Prices are subject to change without advance notice.

b. Order Totals. The amount of your order will be the price of each rental item, shipping and handling charges, if applicable, and sales taxes.  

c. Payment. In-store Rentals must be paid for at time of check-out using cash or credit card. RBM orders will be charged to the credit card on file at the time the order is prepared for shipment.

d. Due Dates. Individual item rental periods are indicated on the Rental Item page and available in the store including on the policy sheet provided during registration. The due date for each item will be printed on your rental receipt. Rentals are due back before the close of the business day on their return date.

e. Late Fees. The charge for late rentals is half the rental rate for each day the item is overdue. (For example, the late fee on a $4.50 rental is $2.25 per day.) Late fees will be charged at the time of return. Please see Renewing By Phone below to avoid incurring any late charges.

f. Renewing By Phone. You can call the store during normal business hours to renew your items by phone. Renewal amounts are the regular rental rates for each item. In contacting us to renew by phone, you hereby authorize us to charge the credit card on file for the total renewal amount. 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.

g. Rental by Approval. Items labeled Rental By Approval (RBA) are rare and difficult to replace. We require a security deposit in the form of credit or debit card hold or cash, for rental of these items. These items are not eligible for Rental By Mail.

h. 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 Scarecrow. For RBM rental possession, please refer to Section 3.f.

i. 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.

j. 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 sender. 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.

k. Usage of the Service. Scarecrow’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.

l. 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. Rental by Mail Policies

a. Rental Policies. All RBM rentals are subject to the same stipulations outlined in section two (2) above, in addition to the following.

b. Cancellation. You may cancel your order at any point prior to receiving the shipping confirmation. Once the order has been shipped, it is considered completed and cannot be retrieved.

c. Shipping & Handling. Shipping and handling for RBM service is a flat service fee for up to six (6) discs. This shipping fee is determined by the number of discs, not the number of items. The total number of discs per item is included on the Rental Item page. The shipping and handling amount includes round- trip postage and all of the supplies needed to return your items. Shipping and handling pricing is subject to change without advance notice.

d. Shipment and Delivery Speed. All shipments are sent first class using the U.S. Postal Service (USPS). Most orders should be received within one to three days depending on the distance from the store. USPS tracking numbers will be provided.

e. Due Dates. The rental period for all RBM items will be 14 days to allow for travel time. A printed receipt will be included in the package.

f. Return of Rented Items. Each RBM order includes pre-paid a return mailer with a unique tracking number. Your rental is due back in store to us by the return date on the receipt included with your order.

g. RBM Possession. Once your order has been delivered as confirmed by USPS tracking services, the items included are considered in your possession. When a return mailer’s tracking number has been scanned by USPS, the items are considered to no longer be in your possession. Once the tracking number has been recorded by USPS, the Account Holder will not be held responsible for items lost or damaged in the shipping process.

4. 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 for Square may be found here.

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

1. Failure to return any rental item(s)

2. Damage to any rental item(s)

3. Late fees in accordance with Scarecrow Video policy

4. Damage to any property or person(s) at Scarecrow Video

5. Any other unpaid charges

d. The Account Holder further authorizes Scarecrow 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.

5. Disclaimers of Warranties and Limitations on Liability

a. The In-store Rental and RBM 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 Scarecrow, 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.

6. Miscellaneous

a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington, 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 Scarecrow service. We may also delegate certain of our responsibilities under the Agreement to independent contractors or other third parties.

d. Electronic Communications. Scarecrow 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.