Effortless Adventure Rental Agreement
By renting Our Equipment from Effortless Adventure, You agree to Our Terms and Conditions in this Rental Agreement (Agreement)
Rental Period: You (Customer) hereby rent from Us (Effortless Adventure,) the Equipment for the Term, and agree to pay Effortless Adventure for all Time Out, except only as expressly set forth in the Agreement. Time Out begins at 11am of your pick-up day. Time In is by 7pm on your drop-off day.
Rent: In addition to the amounts coming due under any other provision(s) of this contract, You agree to pay Us the rent specified in your confirmation, without reduction or setoff, for the periods commencing upon the Time Out and continuing without interruption until the Actual Time in. If You fail to return any Equipment when it is due in, You will continue to pay Us rent at $200 per additional day out, for all additional time elapsed (a “Late Period”) until the equipment is returned to, and accepted by, Effortless Adventure. Any Equipment not returned within 3 days following Your rental dates duration will be deemed lost and in addition to Late Fees, You will be charged full Equipment replacement fees at their respective retail prices.
Security Deposit: Effortless Adventure reserves the right to charge Your provided card the full retail price of any equipment that is not returned or returned in a non-repairable condition. Effortless Adventure reserves the right to to charge Your provided card for the cost of repairing any equipment returned with damage that is deemed more than normal wear and tear.
Cancellation Policy: If you cancel 10 days or more in advance of your pick-up date, you will be fully refunded, minus card processing fees. If you cancel with more than 72 hours notice (3 Days notice),but less than 10 days notice, you will be refunded 50% of your purchase and given 50% in credit towards a new purchase. If you cancel with less than 72 hours notice you will be charged in full and issued no refunds. In terms of cancellation, the time in days or hours as stated above is based off of 11am as the pick-up time in all cases. Rentals with other specific arrangements will be subject to the cancellation policy as outlined in their specific contracts. If one is not provided in writing by Us, this cancellation policy will be the default policy used.
Possession/Title: Effortless Adventure owns the Equipment, and title in and to all of it will remain Effortless Adventure’s at all times. You are entitled to use and possess the Equipment for the Rental Period, subject to the terms of the Agreement. If you retain any of the Equipment beyond the agreed Term without Our express written consent, You will be deemed to have materially breached the Agreement.
Credit Card Authorization: You irrevocably and unconditionally authorize Us to immediately submit for payment on the credit card You have provided Us to collect all estimated charges coming due under this Agreement. In the event your credit card or payment authorization fails for any reason, We reserve the right to pursue remuneration for money owed via other monetary methods.
Warranty Waiver: We inspect all equipment to make sure it is in good working order before it leaves our building. The Equipment is provided “as-is”. We make no warranty, express or implied, nor do we make any warranty against interference and/or infringement, that the Equipment is fit for your intended use, application or environment, or that it is free from manufacturer defects (latent or patent). No warranties shall be deemed to exist with respect to the equipment. Your remedy for any failure of, or defect in, or with respect to any of the Equipment is termination of the accrual of rental charges at the time of failure. The equipment is authorized for use only by You and Your agents and employees. The Equipment is authorized for use only for its ordinary purpose.
Assumption of Risk: You acknowledge that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. You voluntarily assume all such risk and release and discharge Effortless Adventure and the Equipment from any and all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with Our negligence (other than Our intentional misconduct).
Hold Harmless/Indemnity: You assume all risks associated with the possession, use, transportation and storage of the Equipment. Accordingly, You hereby waive any and all liens and claims arising from or associated with, and agree to indemnify, defend and hold harmless Effortless Adventure from and against, any and all liabilities, claims, damages, losses, costs and expenses (including without limitation, attorney’s fees, claims for bodily injury(ies) (including deaths), property damage, loss of time/and or inconvenience) resulting from or arising in connection with such possession, use, transportation and/or storage, regardless of the cause and including any injuries and/or damages suffered by You, Your employees and/or any third party(ies), except to the extent directly resulting from Our intentional misconduct.
Receipt/Inspection of Equipment: All equipment, upon being placed in our pick-up locker, has been inspected, is clean, and is in full working order.
Equipment Failure: In the event of the Equipment fails to work, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, You agree to immediately discontinue use, notify Us, and if directed to do so, return the Equipment to Us.
Compliance with Laws: You agree to comply fully, with all laws and regulations applicable to the storage, use, and transportation of the Equipment.
Loss or Damage: You are the insurer of the Equipment during the Rental Term. You bear all risk of loss, theft, damage or destruction to the Equipment, regardless of cause (ordinary wear and tear is expected). If the Equipment is lost, stolen, damaged or destroyed during the Rental Term, whether or not the same is Your fault, You will notify Us immediately, and You will pay Effortless Adventure the retail value of the parts and labor necessary to repair the Equipment if damaged, or its replacement cost, if lost, stolen, destroyed or damaged beyond Our reasonable ability to repair it; and in either case, all packing, shipping, handling, storage and other associated costs. Rent previously paid will not be applied to the above-referenced charges.
Care of Equipment: You must protect the Equipment against misuse, exposure to adverse conditions and any other abuse or neglect, ensure that it remains in good operating condition and it returned to Us at the end of the Term in the condition required.
Return of Equipment: You agree to ensure that, upon return to Us, the Equipment will be reasonably clean, free of all regulated or hazardous substances, and otherwise is substantially in the same order condition and repair as at the Time Out. Equipment is due back by 7pm on the return date. You agree to pay for Equipment returned in any other condition as outlined in the Loss or Damage section. Any Equipment not returned within 3 days following Your rental dates duration will be deemed lost and in addition to Late Fees, You will be charged full Equipment replacement fees.
Ordinary Wear and Tear: “Ordinary Wear and Tear,” meaning normal deterioration resulting from the proper and intended use of the Equipment in accordance with the terms of this Agreement, will not be considered damage. Damage which is not “Ordinary Wear and Tear” (and for which You will be solely responsible) includes without limitation, theft, mysterious disappearance, damage due to overloading or exceeding rated capacities, non-standard use, operation without proper supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents and intentional damage.
Integration: This Agreement represents the complete and final agreement between You and Us (Effortless Adventure) and cannot be modified by oral agreement There are no oral or other representations, warranties or agreements not included in this Contract. You acknowledge that this Agreement may be amended only in a writing signed by both You and us.
Applicable Law/Venue: This Agreement and any disputes here-under shall be governed by the laws of the State of New Hampshire, and any disputes hereto shall be adjudged in Grafton Country, New Hampshire, where the State District Court shall have sole jurisdiction.
Waiver of Jury Trial: Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this Agreement or the subject matter hereof. This waiver pertains to all disputes that may be related to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
Warning regarding Criminal Conversion: The use of false or fictitious identification to obtain rental property, the failure to return rental property or the failure to pay for its use, is a crime and may result in criminal prosecution.
Enforcement: You agree to pay Us all attorneys’ fees and other costs Effortless Adventure may incur in enforcing or exercising Our rights under this Agreement, whether or not a suit is filed.