THIS EQUIPMENT RENTAL AGREEMENT (“LEASE”) is made and effective by checking the “I’ve read and accept the terms and conditions” checkbox, by and between CAMPSITE OUTFITTERS, LLC (“Lessor”) and current user (“Lessee”). By checking the “I’ve read and accept the terms and conditions” checkbox, Lessee agrees to be bound by this Equipment Rental Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Rental Agreement and all the Terms and Conditions therein at any time. By checking the “I’ve read and accept the terms and conditions”, Lessee indicates acceptance of the modified Terms and Conditions.
Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown in the “Shopping Cart” area during checkout.
Before renting the equipment, Lessee must explicitly consent to this Limitation of Liability Policy. Any other persons involved in the activities associated with the use of equipment must also consent to this Limitation of Liability Policy. If at any time there is anything in this Limitation of Liability Policy that Lessee does not agree with, or cannot abide by for any reason, Lessee must not use and must cease any ongoing use of the equipment.
Lessor does not assume, and the Lessee indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.
Lessee must be 18 years of age or older to rent the equipment, and Lessee hereby acknowledges that Lessee meets this requirement.
Lessee acknowledges that activities that require the use of gear that Lessor rents is inherently dangerous and poses risks of significant bodily harm or death, or of property damage or theft.
Lessee acknowledges that Lessor is not inducing you to participate in any particular activities or any activities at all.
Lessee acknowledges that Lessee will read all instructions for all equipment, and will also take any other reasonable steps to determine the proper use of any equipment.
Lessee acknowledges that Lessee will not use any equipment in any way other than for its intended use.
In any case, Lessee will use their own judgment to determine whether it is safe to use or fail to use any of the equipment in any particular way for any particular situation.
LESSEE EXPRESSLY ASSUMES THE RISK OF ANY HARM THAT MAY ARISE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE USE OF EQUIPMENT, WHICH MAY INCLUDE BUT IS NOT LIMITED TO BODILY INJURY OR DEATH, THEFT, DAMAGE, DESTRUCTION OR OTHER LOSS WHATSOEVER OF PERSONAL BELONGINGS OR VALUABLES OF LESSEE’S OR OTHERS.
LESSEE AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS LESSOR INCLUDING ITS OFFICERS, AGENTS, EMPLOYEES, PERSONNEL, MANAGERS, DIRECTORS, INDEPENDENT CONTRACTORS, AFFILIATES, AND SUCCESSORS AND ASSIGNS FOR OR FROM ANY CLAIMS, LIABILITIES OR DEMANDS, INCLUDING COSTS SUCH AS ATTORNEYS FEES, RELATED TO ANY PROPERTY DAMAGE, HARM, INJURY OR LOSS, INCLUDING DEATH, WHICH LESSEE OR ANYONE ELSE MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF LESSEE’S RENTAL AND/OR USE OF THE EQUIPMENT, LESSEE’S FAILURE TO USE ANY OF THE EQUIPMENT, OR LESSEE ALLOWING OR FAILING TO ALLOW OTHERS TO USE ANY OF THE EQUIPMENT. THIS INCLUDES BUT IS NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY.
Further, Lessee agrees to indemnify and hold harmless Lessor, including its officers, agents, employees, managers, directors, independent contractors, affiliates and personnel, and successors and assigns for any claims, liabilities, or demands, including attorney’s fees, arising from any misrepresentations or fraudulent execution of this agreement.
If applicable, Lessee hereby agrees to waive California civil code section 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES IS LIMITED TO THE AMOUNT OF TOTAL FEES PAID FOR THE USE OF RENTAL EQUIPMENT OR, IF APPLICABLE, REPLACEMENT COSTS OF THE EQUIPMENT. LESSOR DISCLAIMS ALL LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES.
Shipping costs are included in the price of the equipment and Lessor agrees not to charge Lessee for shipping costs for initial delivery and pick-up attempts. In the event of additional delivery or pick-up attempts be made, Lessor reserves the right to charge additional shipping charges to the Lessee’s form of payment.
Lessor cannot guarantee a specific time or date for delivery. Lessor will make efforts to coordinate delivery and pick-up times with Lessee but any shipping time given by the Lessor is only an estimate.
Use, by Lessee, of shipping methods other than those arranged for by Lessor is a violation of these terms, and may result in the application of late fees.
The term of this lease shall commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this lease shall expire dependent upon the service provided by Lessor. Term expiration dates are as follows:
Campsite Outfitting: Term expires upon successful collection of the Equipment by Lessor on last day of the rental period shown on order receipt.
Backyard Outfitting: Term expires upon successful collection of the Equipment by Lessor on last day of the rental period shown on order receipt.
Delivery (Self-Setup): Term expires upon successful collection of the Equipment by Lessor one day following the llast day of the rental period shown on order receipt.
Rent and a deposit, if applicable, must be paid in advance, in full.
- Late Returns
Late returns are penalized a maximum daily penalty equivalent to 20% of the daily rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.
In the event the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment.
If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default.
Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
- Cancellation by Lessor
Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.
- Cancellation by Lessee
Lessee may cancel the reservation up to 7 days prior to the first day of the rental period shown on order receipt of the Equipment without a fee. Cancellations that are made less than 7 days prior to the first day of the rental period shown on order receipt of the Equipment will be charged a $25.00 cancellation fee. Cancellations that are made less than 3 days prior to the first day of the rental period shown on order receipt of the Equipment will be charged the full first night’s rental fee of the reservation.
The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment.
- Damaged or Modified Equipment
Lessee shall keep the Equipment in good working condition.
Lessee shall not materially modify or alter the Equipment.
In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.
Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease.
Lessor agrees to inspect the Equipment for any damage prior to delivering the Equipment to Lessee.
Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease.
Damaged equipment must be returned to Lessor at the expiration of the rental period.
If there is a dispute between Lessor and Lessee as to whether damage occurred in possession of the Lessee, the equipment shall be inspected by our repair department and or external repair facility. The opinion of our repair department or the outside service , as to the cause of the damage, shall be binding on the parties.
In the event of damage, Lessor shall choose the repair method and venue, within reason.
If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.
Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor.
Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
- Loss of Equipment
Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.
Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
In case of a dispute over whether the Lessee returned the Equipment:
If Lessee used an alternate shipping method, not arranged in advance by the parties, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned. 2. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment. 3. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
In the event of default, all amounts owed by Lessee to Lessor are immediately due.
In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
Lessor reserves the right to pursue all available civil and criminal remedies against Lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
- Shipping Delays & Malfunctioning Equipment
In the case of a shipping delay or malfunctioning Equipment, Lessor’s only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was non-functioning or delayed in transit. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions or shipping delays.
- Severability and Governing Laws
This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of Arizona. This Agreement is governed by Arizona law, without regard to its conflict of laws provisions. Venue for any proceeding arising out of or related to this Agreement or the rental of the Equipment lies exclusively in Maricopa County, Arizona, and all parties stipulate to the personal jurisdiction of such court and waive any right to remove or transfer the proceeding to any other court or venue.
See our Cancellation Policy