EQUIPMENT RENTAL AGREEMENT
This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature (“Effective Date”) and is made between KAF ADVENTURES, LLC (“Owner”) and the Renter (“Renter”). Owner rents to Renter the following equipment (“Equipment”) according to the terms and conditions below:
- (Equipment) Term. This Agreement commences on the Effective Date and continues until the Equipment is returned to Owner.
- Payment. Renter agrees to our online prices for rental gear at time of rental agreement. Renter authorizes Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement or to pay such amount to Owner in cash or check at Owner’s discretion. Renter will also pay other charges in accordance with this Agreement due upon return of the Equipment, including without limitation:a) charges for optional services, if any;a) charges for optional services, if any; b) applicable taxes; c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses; d)daily $price of Equipment will be charged for each day after the scheduled return date; e) unless due to the fault of Owner, all fines, penalties, court costs, and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term; f) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment; i) all costs incurred to collect unpaid monies due; and k) twenty-five dollars ($25.00) for making payment with insufficient funds.
- Security Deposit. In addition to the fees listed in Section 2, Renter will pay a deposit of $200 at the time this Agreement is signed. Owner may use the deposit to cover any amounts due.
- Cancellation by Renter. Once a rental has been received by Owner (by confirmation of payment through the site), it is the Renter’s responsibility to complete the agreement. If for any reason the Renter must cancel the agreement, they must do so giving the Owner 62 hours notice before the time of pickup specified by Renter for a full refund. Any reserved orders cancelled 48 hours before rental pickup time will result in the Renter being charge %50 of the total rental cost. Orders canceled 24 hours or less before rental pickup will not be given a refund.
- Location of Equipment. During the Term, the Equipment will be located at the site of Owner’s scheduled program or activity in which Renter is participating unless agreed otherwise in writing by Owner.
- Care of Equipment. Renter, at Renter’s expense, will maintain the Equipment in good repair, condition, and functional order, will not use the Equipment unlawfully, and will not alter the Equipment without Owner’s prior written consent. The Equipment can only be used in a careful and proper manner and will not be used in any way that is inconsistent with Owner’s instructions or manuals.
- Repair and Alterations. Renter will pay all repair costs during the Term, including without limitation, labor, material, and parts. Equipment will not be serviced or repaired and parts and accessories will not be replaced without Owner’s prior consent.
- Restrictions on Use. Renter will not: a) permit the Equipment to be used by any unauthorized person; b) use the Equipment or permit it to be used in violation of law; c) use the Equipment or permit it to be used to commit a violation of law; or d) use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
- Loss or Damage. Renter assumes and will bear the entire risk of loss, theft, destruction, or damage of or to any part of the Equipment (“Loss or Damage”) from any cause whatsoever, whether or not covered by insurance, and no such loss will release Renter of its obligation under this Agreement in the event of Loss or Damage. Renter, at the sole option of Owner, will (a) at Renter’s expense, repair the Equipment to the satisfaction of Owner; (b) at Renter’s expense, and to the satisfaction of Owner, replace the Equipment with similar or like equipment in good condition and repair and of comparable value, with clear title thereto in Owner; or (c) make payment to Owner of the total amount required to replace the Equipment which is lost or damaged.
- Condition of Equipment. The Condition of Equipment Checklist (“Checklist”) attached is incorporated by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OWNER leases the equipment “as is” and “with all faults.”
- Return of Equipment. Renter will return the Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter will return the Equipment to the agreed return location. If the Equipment is not returned on the agreed upon date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
- Termination. This Agreement will terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
- Indemnification and Liability. Renter will indemnify, defend, and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of the Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. This Section will survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT WILL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF THE EQUIPMENT EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
- Ownership. Owner will at all times retain ownership and title to the Equipment. Renter will immediately notify Owner in the event the Equipment is levied, has a lien attached or is threatened with seizure. Renter will indemnify and hold Owner harmless against all loss and damages caused by such action.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement or its breach will be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Arbitration will be held in Seattle, Washington, and decided in accordance with the laws of the State of Washington.
- Assumption of Risk and Release of Liability. Renter understands that the activities Renter may use the Equipment for may be hazardous and involve a risk of injury to any and all parts of the user’s body. Renter hereby agrees to freely and expressly assume and accept any risks and all injury in the use of the Equipment. Renter understands that protective gear is recommended but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident. Renter agrees to release Owner from any and all responsibility of liability for injuries or damages to the user of the Equipment or to any other person. Renter agrees not to make a claim against or hold liable Owner for injuries or damages relating to the use of the Equipment.
- Entire Agreement. This Agreement represents the entire understanding relating to the subject matter herein and prevails over any prior or contemporaneous, conflicting, or additional communications. This Agreement can only be modified by a written amendment signed by both parties.
- Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Without Owner’s prior written consent, Renter will not (a) assign, transfer, pledge, or otherwise dispose of the Equipment or any interest therein or (b) sublet or lend the Equipment or permit it to be used by anyone other than Renter.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.