IMPORTANT – READ THIS CAREFULLY BEFORE AGREEING TO RENT OR RENT OUT GEAR
A. For the purposes of this Agreement, (a) a “Gear” is any type of recreational equipment, such as but not limited to backpack, tent, kayak, surfboard, stand-up paddle board, longboard, snowboard made available through the Outdoor Junkiez website (the “Site”); (b) the “Renter” is the person renting the Gear and any other equipment using an account created on the Site; (c) the “Lister” is the owner or authorized representative for the Gear made available for rent via the Site. This Gear Rental Agreement (the “Agreement”) is a binding agreement between Renter and Lister. Outdoor Junkiez is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement.
B. Lister enters into this Agreement and allows Renter to rent and use the Gear, along with any associated equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement. By entering into this Agreement to rent and use the Gear, Renter acknowledges that
- he or she has read and understood this Agreement;
- he or she agrees to be bound by all of the terms of this Agreement;
- he or she is knowledgeable with respect to the type of equipment being rented and adjustments required for safe operation and use.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT OR LIST THE GEAR OR ANY OTHER EQUIPMENT WITH OUTDOOR JUNKIEZ.
This Agreement is effective on the date Renter agrees to the terms and conditions as provided herein (“Effective Date”). Renter and Lister agree as follows:
1.1 Agreement to Rent. By accepting this Agreement, Lister agrees to rent the Gear to Renter, and Renter agrees to rent the Gear from Lister, on the terms and subjects to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”).
1.2 Condition of the Gear. By making the Gear available for rent hereunder, and agreeing to the terms of this Agreement, Lister represents and warrants that (a) he or she is the sole owner of the Gear, or that he or she has full agency or other authority to enter into this Agreement and to rent the Gear to Renter; (b) the Gear has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the Gear is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the Gear during the Rental Period, other than adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level.
1.3 Refunds and Cancellations.
(a) In the event a Rental is cancelled by either party at least twenty-four (24) hours prior to commencement of the Rental Period, then all funds shall be returned to Renter, less an administrative fee of 10% of the applicable rental fee plus the PayPal payment fee. In these cases Lister shall not be entitled to receive or keep, as the case may be, any funds received from Renter or Outdoor Junkiez.
(b) In the event that the Rental is cancelled by Renter less than twenty-four (24) hours prior to commencement of the Rental Period, including after the beginning of the Rental Period or because Renter did not pick up the Gear at the agreed time and place (but excluding any cancellation as set forth in 1.3(c), then Renter shall be charged the full rental price for the Rental as previously agreed via the Site, and Lister shall receive the agreed funds, and Outdoor Junkiez the agreed commission, irrespective of the cancellation.
(c) If upon delivery of the Gear or, within the first twenty-four (24) hours of the Rental Period, Renter reasonably determines that the Gear does not materially conform to the Lister’s description of the Gear, then Renter may notify Outdoor Junkiez of the deficiency and request a refund from Outdoor Junkiez . Further, if Lister does not deliver the Gear at the place and time agreed, [or if Lister cancels the Rental less than twenty-four (24) hours prior to commencement of the Rental Period], then Renter shall be entitled to a full refund from Lister and/or Outdoor Junkiez. In these refund cases Outdoor Junkiez will forward a corresponding refund request to Lister or cancel the payment to Lister if the payment has not yet been processed. Lister will be charged the full commission that would have been payable to Outdoor Junkiez immediately in connection with the Rental.
1.4 Outdoor Junkiez Guarantee.
(a) Outdoor Junkiez provides a limited guarantee to Listers for Rentals in Covered Countries (defined below) of up to USD1000 with the first USD200 being excess/deductible/self risk subject to requirements set forth on the Site (the “Outdoor Junkiez Guarantee”). Lister understands that the Outdoor Junkiez Guarantee is limited to theft or damage to the Gear, and does not cover disappearance, ordinary wear and tear, or any repairs paid for by the Lister. The guarantee does not cover any other property damage, injuries, loss of use or incidental, special or punitive damages – such damages may only be recovered from a Renter. Furthermore, Lister acknowledges and agrees that the Outdoor Junkiez Guarantee is only available if accurate and current photographs of the Gear have been included with the listing prior to the Rental period, and to the extent such photographs are sufficient to establish the make, model, components and condition of the Gear and any accessories (if applicable). [Furthermore, Lister acknowledges and agrees that the Outdoor Junkiez Guarantee is only available to the extent that Lister has made proper and available attempts to cover the payment of the full retail value of the Gear from the Renter who is obliged to make this payment under item 2.2.2, including completion of available legal proceeding or debt recovery procedures].
(b) If Lister is entitled to coverage under the Outdoor Junkiez Guarantee, the repair or replacement cost of the Gear shall be in Outdoor Junkiez’ reasonable discretion, in mutual consultation with professional repair or sales personnel knowledgeable in the appropriate field, and shall account for any salvage value of the Gear, if applicable.
(c) If there is damage to a Gear during a Rental, the Lister must notify Outdoor Junkiez within two (2) days of completion of the Rental Period or prior to any subsequent rental, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the Rental. Lister shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc.
(d) If Renter does not return Gear at the conclusion of the Rental Period, and does not agree within twenty-four (24) hours to schedule a new return time, or does not return the Gear at such rescheduled return time, including cases where Renter claims that the Gear has been stolen, then Lister agrees to file a report with the domestic and applicable police or administration department and provide a copy of such report to Outdoor Junkiez within twenty-four 24 hours. In filing the report, Lister is required to notify the police department of the Outdoor Junkiez Guarantee, and that Outdoor Junkiez may ultimately be subrogated to Lister’s right to recovery of the Gear. If applicable Lister must also authorize the police department to discuss and provide any information regarding the case with Outdoor Junkiez.
(e) “Covered Countries” currently consist of the United States, Australia, Canada, Denmark, Finland, Ireland, Norway, Sweden, United Kingdom, Austria, Belgium, France, Germany, Italy, Luxembourg, Netherlands, Spain, Japan, Singapore and Switzerland. The list of Covered Countries is subject to change from time to time, and this Agreement will be updated to reflect any such changes. We are committed to implementing the Outdoor Junkiez Guarantee in other countries and are actively working to do so.
2. RENTER AND LISTER[* SE 2.2.3] OBLIGATIONS
2.1 Usage. Renter is responsible for possession of proper and reasonable knowledge, experience and skills in use of Gear for the recreational activity that the Gear is suited for. For rentals of winter sports equipment, unless expressly included in the Rental, Renter is responsible for provision of boots, poles, gloves, helmet, goggles and any other necessary equipment. Renter is also responsible for making proper adjustments to the Gear and associated equipment, if any, to match Renter’s height, weight and skill level. Renter is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Renter knowingly and voluntarily waives any claim it may have against Lister and Outdoor Junkiez with respect to the proper adjustment of bindings, boots, helmets, and other equipment.
2.2.1 Renter agrees to return the Gear to Lister in the same condition as received, except for ordinary wear and tear and ordinary adjustments meant to fit the Gear to the user’s height, weight and skill level, on the due date and time and at the location specified by Lister at time of rental.
2.2.2 If Renter fails to return the Gear at the agreed date and/or time and/or location, and has not agreed with Lister on an alternate delivery time and location within twenty-four (24) hours of the scheduled delivery time, or Renter fails to return the Gear at the rescheduled time and place, including cases where Renter claims that the Gear has been stolen, (a) Renter agrees to pay to Lister the full retail value of the Gear, along with any other fees materialized due to absence of return.
In cases where Renter claims that the Gear has been stolen, Renter agrees to file, or to assist Lister with filing, a report of the theft with the domestic and applicable police or administration department.
(b) Outdoor Junkiez or Lister may lawfully repossess the Gear; and (c) Outdoor Junkiez or Lister may exercise any other rights or remedies, and take any other necessary measures, to repossess the Gear and/or collect the full amount owed by Renter hereunder.
2.2.3 If Lister fails to appear at the scheduled time and place for return of the Gear, Renter remains responsible for the safe keeping of the Gear. In such event Renter should contact Outdoor Junkiez as soon as possible to try to arrange alternate means of return of the Gear, which may be through a nearest surf shop, ski shop or other public facility at Outdoor Junkiez direction. Lister shall be responsible for any fees incurred by Outdoor Junkiez in connection with such alternate return method, and understands and acknowledges that, if the such fees exceed the amount of the rental fee due Lister, or any other credit amounts in Lister’s account, then the Gear will not be released to Lister until payment arrangement satisfactory to Outdoor Junkiez have been made. Outdoor Junkiez shall not be responsible for any delay or loss of the Gear due to Lister’s failure to appear as scheduled or to make alternate payment and return arrangements.
2.3 Repossession. Lister may repossess the Gear at any time if: (a) the Gear is used in violation of law; (b) it appears the Gear is abandoned, (c) the Gear is used in violation of any term or condition in this Agreement, (d) Renter made a misrepresentation to Lister or (e) Renter fails to return the Gear when due. Lister is not required to notify Renter in advance of repossession.
2.4 Prohibited Use. Use of the Gear is restricted to the general geographical area agreed upon by Renter and Lister and to the specific use (recreational activity) that the Gear is suited for. Renter will not operate Gear outside of this area and will not remove Gear from this area and will not make use of the Gear for alternative purposes.
2.5 Loss/disappearance of, or damage to Gear Renter shall pay Lister for all losses of and/or damage to the Gear (except ordinary wear and tear that does not impact the usability of Gear), regardless of fault (e.g. Renter agrees to pay for the loss or damage even though someone else caused the loss or damage or is at fault). Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the Gear according to the instructions or security devices provided by Lister. If the Gear is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value, if any. If the Gear is damaged beyond reasonable repair (as determined by Lister. Renter shall be responsible for replacement by paying to Lister the retail fair market value of the Gear, less any salvage value if applicable.
In addition to the above, Renter shall also be responsible for the reasonable down time (“Loss of Use”), reasonable administrative fee as determined by Lister or specified by law, plus any pick- up and/or storage charges. In the event of theft, Renter shall be responsible for paying Loss of Use at the daily rate for each twenty-four (24) hours Renter delays in paying the total loss.]
Renter is also responsible for any loss of or damage to the Gear if Renter: (a) abuses the Gear or uses or operates the Gear other than as specified in this Agreement; (b) uses the Gear recklessly; (c) uses the Gear while under the influence of alcohol or a controlled substance; (d) fails to promptly report an accident to the police and Lister; (d) fails to complete an accident report; (e) obtains the Gear through fraud or misrepresentation; or (f) uses the Gear for an illegal purpose. Renter authorizes Lister to collect from a responsible third party any applicable loss and/or damage. In the event Lister obtains a recovery from a third party after Renter has paid Lister for all or part of any loss, Lister will refund to Renter any excess above the amount of the loss plus administrative fees and other collection costs and attorneys’ fees incurred.
2.6 Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the Gear. Renter specifically agrees and authorizes Outdoor Junkiez to apply any charges or payments due to the method of payment used by Renter at the time of rental.
2.7 Credit Reserve and Payment. Renter understands that he or she must deposit an amount (to be used against the final bill) equal to the estimated total charge for the Rental at the rates indicated in this Agreement. Renter authorizes Outdoor Junkiez to charge any amounts due as a result of the Rental to Renter’s credit card or other payment method provided. Outdoor Junkiez may cause an additional charge authorization to be processed against Renter’s credit card or other payment method as a security deposit, which will be credited back to Renter’s payment method upon satisfactory return of the Gear without damage or delay.
2.8 Repairs. If Renter experiences any malfunctions with the Gear during the Rental period, Renter should immediately notify Outdoor Junkiez and Lister to obtain authorization for repairs. Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the Gear. Lister will not reimburse Renter for any authorized repairs without receipts. All repairs needed as a result of the use of the Gear will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Renter. Renter shall be responsible for returning the Gear to its prior state due to adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level.
2.9 Ownership. The Gear, at all times, remains the exclusive property of Lister. Renter is responsible for damage to or loss of Gear.
3. RISK AND LIABILITY TERMS
3.1 Acknowledgement of Risks. Renter understands and acknowledges that the Gear is provided “as is” and without warranties. Renter further understands and acknowledges that water and snow sports are hazardous activities that entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Renter understands that such risks are outside of Lister’s control and cannot be eliminated without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other persons, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).
3.2 Assumption of Risk. RENTER KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF THE GEAR, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO RENTER OR TO ANY PERSON, OR DAMAGE TO ANY PROPERTY (RENTER’S OR THIRD PARTIES’) WHICH MAY RESULT FROM THE OPERATION OF THE GEAR OR POSSESSION EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF LISTER, OUTDOOR JUNKIEZ, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, RENTER FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS GEAR AND RENTER AGREES TO HOLD LISTER AND OUTDOOR JUNKIEZ HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE.
3.3 Waiver and Release. In consideration of Lister renting the Gear, Renter specifically releases and forever discharges Lister, Outdoor Junkiez, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Renter may suffer while renting this Gear and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Lister, Outdoor Junkiez, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release Lister and Outdoor Junkiez, and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Lister or Outdoor Junkiez, or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Gear or participating in winter or water sports or any other activity associated with the Gear, Renter will have no right to make a claim or file a lawsuit against Lister, Outdoor Junkiez, or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.
3.4 Indemnification. Renter agrees to indemnify and hold harmless Lister and Outdoor Junkiez, and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney’s fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in the recreational activity and/or use of the Gear, including the possession, use, operation, or return of the Gear, and including any such claims which allege negligent acts or omissions on the part of Lister or Outdoor Junkiez, should Lister, Outdoor Junkiez, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.
3.5 Third Party Claims. Neither Lister nor Outdoor Junkiez, shall be responsible if Renter causes injury to another person or property belonging to a another person, including damages to another ski or snowboard, vehicle or personal property of another. Renter agrees to protect, defend, indemnify and hold Lister and Outdoor Junkiez, harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of Renter’s use of the Gear and for any liability associated with any personal accident/injury as a result of Renter’s use of the Gear.
3.6 Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that Lister and/or Outdoor Junkiez, may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the Gear. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder.
3.7 Physical Condition. Renter understands the he or she should be in good physical health to participate in surfing, hiking and snow sports. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.
4. GENERAL PROVISIONS
4.1 No Warranty. THE GEAR IS PROVIDED TO RENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GEAR IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LISTER DOES NOT WARRANT THAT THE GEAR OR ANY RENTAL WILL MEET RENTER’S REQUIREMENTS.
4.2 Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LISTER OR OUTDOOR JUNKIEZ, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM ANY RENTAL OR THE USE OF, OR INABILITY TO USE, THE GEAR.
(b) IF LISTER OR OUTDOOR JUNKIEZ, OR THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS ARE FOUND TO BE LIABLE, SUCH LIABILITY TO RENTER OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID HEREUNDER.
(c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OUTDOOR JUNKIEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
4.3 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either Lister or Renter.
4.4 Third Party Beneficiary. Outdoor Junkiez shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to Outdoor Junkiez herein.
4.5 Governing Law. This Agreement shall be governed by laws of the United States. Any claim or dispute between Renter and Lister that arises in whole or in part from the rental of the Gear shall be decided exclusively by a court of competent jurisdiction closest to Lister’s residence.
4.6 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
4.7 Entire Agreement/Severability. This Agreement shall constitute the entire agreement between Renter and Lister concerning the rental of the Gear. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Payment processing services for user on Outdoor Junkiez are provided by PayPal and are subject to the PayPal User Agreement. By agreeing to these terms or continuing to operate as a user on Outdoor Junkiez, you agree to be bound by the PayPal services agreement, as the same may be modified by PayPal from time to time. as a condition of Outdoor Junkiez enabling payment processing services through PayPal, you agree to provide Outdoor Junkiez accurate and complete information about you and your business, and you authorize Outdoor Junkiez to share it and transaction information related to your use of the payment processing services provided by PayPal.