Rental Agreement and Waiver of Liability
This Waiver and Release, effective as of the date of this signing, is made and entered into by and between the Rentee and Packlist Outdoors, Inc (Rentor.)
EXPRESS ASSUMPTION OF RISK
Rentee hereby agrees that he/she is renting, operating, or using the equipment provided by Rentor at his/her own risk. Rentee agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of Rentor.
WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the Rentee agrees that Rentor shall not be liable for any damages arising from personal injuries sustained by Rentee or anyone under the Rentee’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rentor. The Rentee assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rentor shall not be liable for any loss or theft of personal property. The Rentee specifically agrees that Rentor shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Rentor whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Rentor.
LIABILITY TO THIRD PARTIES
The Rentee hereby agrees that he/she will indemnify and hold harmless Rentor for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators of other equipments under the Rentee’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rentor, even if such damages arise out of the negligence or fault of Rentor.
In addition to the rental fee, the rentee may also pay a security deposit to cover any late return charges, excessive equipment damages incurred or equipment loss. The deposit amount of $200 for camping kits and $50 for some individual will be held for all rental items. This deposit shall be returned in full if the equipment is not damaged or lost and returned on or earlier than the agreed date by the Rentee. If the product is damaged, the cost of repair will be deducted from the deposit for return. If the product is returned late (not available for pick-up on the agreed-upon date and late pick-up is arranged), the security deposit will be deducted by 25% per day. If the product is lost or not returned for any reason, the deposit will not be returned and will be used to replace the product. Rentee will be aware of the security deposit when making their rental booking.
ACKNOWLEDGMENT OF WAIVER AND RELEASE
Rentee states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. Rentee further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. Rentee warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Rentor with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. Rentee further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Rentor for Rentor’s negligence.
If any provision of this Agreement shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement shall remain in full force and effect to accomplish the intent and purpose of the parties. The parties agree to negotiate the severed provision to bring the same within the applicable legal requirements to the extent possible.
Any dispute, controversy or claim arising out of or in connection with this Agreement, including without limitation, any dispute regarding the enforceability of any provision, that cannot be resolved through good faith negotiations within thirty (30) days or such longer period of time as may be mutually agreed between the Parties, shall be submitted to and finally resolved by a court of competent jurisdiction in Vancouver, British Columbia.