GearLocker Policies and Rental Agreement
GearLocker is a small family-run business and we kindly ask you to treat our gear with the same care and respect as you would your own. Below you will find our Policies and Rental Agreement. Please review and sign before receiving your rental equipment and let us know if you have any questions. Thank you for your business and the opportunity to be part of your adventure!
Rentals are subject to the following Gear Locker LLC Rental Agreement.
Your rental start date is the first day you entered in your Rental Dates during checkout. Your rental gear is available on your start date or up to one day early upon request.
This is the day you must drop your gear off with us in the same container(s) provided with the order.
Condition of Gear Returned
All gear must be returned clean and dry. While we don’t expect a full deep cleaning, we do expect you to shake off or wipe down dirt/sand, hand wash kitchen gear, and make sure everything is dry. If you don’t return gear clean and dry, we will charge you an additional cleaning fee. We really don’t want to have to charge you for this, so please be mindful as wet and dirty gear can damage items.
Late Return Fee
We coordinate rentals knowing that you will return your gear on time. If for some reason this doesn’t happen, we will charge you a daily fee equal to the three-day rental fee divided by three.
Lost or Damaged Gear
We have experienced and fully understand the normal wear that comes with outdoor equipment. That is why we carry trusted gear from top brands that are built to last. We also know what damage outside of normal wear and tear looks like and you are responsible for repair or replacement.
Lost or Stolen Gear
As soon as you receive your rental gear, it is your responsibility to get it back to us. If we don’t get it back, we will need to charge you.
You may cancel up to 7 days in advance of your rental start date for a full refund. If you cancel within 7 days of your start date, you will be charged 50%.
By renting equipment from Gear Locker LLC, You agree to Our Terms and Conditions in this Rental Agreement (Agreement)
Rental Period: You (Customer) hereby rent from Us (Gear Locker LLC) the Equipment for the Term, and agree to pay Gear Locker LLC for all Time Out. Except only as expressly set forth in the Agreement. We (Gear Locker LLC) charge rent for all Time Out, including Saturdays, Sundays and Holidays.
Rent: In addition to the amounts coming due under any other provision(s) of this contract, You agree to pay Gear Locker LLC the amount specified in your invoice, without reduction or setoff, for the period specified in your Rental Dates. If You fail to return any Equipment by 11:59 PM on the final day of your Rental Date, You will continue to pay Gear Locker LLC rent on the basis of 1/3 the 3-day rental charge per additional day out, for all additional time elapsed (a “Late Period”) until the equipment is returned to, and accepted by, Gear Locker LLC. 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.
Possession/Title: Gear Locker LLC owns the Equipment, and title in and to all of it will remain Gear Locker LLC at all times. You are entitled to use and possess the Equipment for the Rental Dates, 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: Subject to such limitations as may be set forth in applicable law, You irrevocably and unconditionally authorize Us to immediately submit for payment on the credit card You have provided Us all estimated charges coming due under this Agreement, and You agree to indemnify, defend and hold harmless Gear Locker LLC with respect to the same.
Warranty Waiver: The Equipment is provided “as-is” and “with all faults”. We make no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose), nor do we make any warranty against interference, infringement, that the Equipment is fit for your intended use, application or environment, or that it is free from defects (latent or patent). No warranties shall be deemed to exist with respect to the equipment. Your sole 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.
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 Gear Locker LLC 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).
Cancellation Policy: You may cancel up to 7 days in advance of your rental start date for a full refund. If you cancel within 7 days of your start date, you will be charged 50%.
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 Gear Locker LLC 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: You acknowledge that You, upon receipt of the Equipment, inspected, examined and accepted the Equipment, and that, as delivered to You, it is safe and in good operating condition and repair and otherwise in all ways acceptable to you.
Equipment Failure: In the event of the Equipment fails to start, 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.
Use of Equipment: The equipment is authorized for use only by You and Your party. The Equipment is authorized for use only for its ordinary purpose.
Compliance with Laws: You agree to comply fully, at Your sole cost, 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 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 Gear Locker LLC 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. Rent previously paid will not be applied to the above-referenced charges. (Rent will continue to accrue during all repair and replacement periods).
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 clean, free of all regulated or hazardous substances (including without limitations, substances identified as “hazardous materials” under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA) and/or any other federal, state or local laws, rules and/or regulations purporting to deal with toxic or hazardous substances), rental-ready, and otherwise is substantially the same order condition and repair as at the Time Out, “Ordinary Wear and Tear”. You agree to pay a reasonable charge for Equipment returned in any other condition. 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 (Gear Locker LLC) 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 hereunder shall be governed by the laws of the State of Michigan.
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 Gear Locker LLCb may incur in enforcing or exercising Our rights under this Agreement, whether or not a suit is filed.
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