Rental Agreement

GEAR RENTAL AGREEMENT - READ CAREFULLY BEFORE RENTING  

This Gear Rental Agreement ("Agreement") is a binding contract between the Renter, the Lister (the owner or authorized agent of the Gear) and Peaksrentals.

 

For the purposes of this Agreement:

By entering this Agreement, the Renter acknowledges and agrees that:

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE GEAR.

The key terms of this Agreement are as follows:

  1. RENTAL

    • Lister agrees to rent the Gear to Renter, and Renter agrees to rent from Lister, for the agreed Rental Period.
    • Lister represents the Gear is in proper working condition, accurately described, and has been professionally maintained. He also warrants that he is the sole owner of the Gear.
    • Rentals are subject to Peaksrentals’s Cancellation Policy (see below).
    • Peaksrentals doesn’t provide a guarantee for loss or damage to the Gear during the Rental and is not responsible for any failure or damage to the gear.

  2. RENTER OBLIGATIONS

    • Renter is solely responsible for using the Gear safely and properly, following all laws/rules, and securing the Gear at all times.
    • Renter understands and acknowledges that the gear is rented “as is” and without warranties. The renter acknowledges that bicycling and winter sports carry inherent risks of physical or emotional injury, paralysis, death, or property damage to themselves, their property, or third parties. These hazardous activities involve known and unpredictable dangers that cannot be fully eliminated by the lister without compromising the essential nature of the activities. The risks include, but are not limited to, falling, collisions with vehicles or obstructions, unsafe speeds, equipment failure, and weather-related issues like hypothermia, sunstroke, sunburn, heat exhaustion, and dehydration. The renter acknowledges that ski and snowboard bindings may not always release or retain the boots, even in situations where the bindings releasing or retaining could prevent or reduce the risk of injury. Additionally, some binding systems are not designed to release at all. The renter acknowledges the significant risks of using the Gear in any environment, including but not limited to: serious injury or death from falling off the Gear; collisions with other skiers, snowboarders, bicycles, vehicles, or objects; hitting obstacles like potholes, trees, or lift equipment; sudden loss of control from punctured/damaged tires, brake failure, binding failure, or other mechanical issues; and hazards related to terrain and weather. The renter understands that while protective gear like helmets and gloves are recommended, they do not eliminate or necessarily reduce the risk of injury in the event of an accident.
    • Renter must return the Gear on time and in the same condition as received, except for ordinary wear and tear. Peaksrentals is not responsible for any delay, loss or damages of the gear caused by the renter.
    • Renter is liable for any loss, damage, or theft of the Gear, regardless of fault. It is his responsibility to make sure that the gear will stay in the same condition as received (except for ordinary wear and tear) and that it will be safe at all times. By knowingly, intelligently, and voluntarily assuming all risks related to operating and possessing the gear, the renter agrees to be responsible for any personal injury, death, or property damage that may result, even if caused by the negligence of the lister, Peaksrentals, or their agents, employees, officers, partners, members, successors, and/or assigns. Despite being fully aware of the associated risks, the renter freely assumes all risks of personal injury and/or damage in operating the gear, and agrees to hold the lister and Peaksrentals harmless from all claims of injury or damage (to himself or others).
    • In consideration of renting the Gear from Lister, the Renter hereby releases and forever discharges Lister, Peaksrentals, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death, or loss/damage to property that the Renter may suffer while renting the 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, Peaksrentals, or their affiliates, officers, agents, or employees. The express intent of this Agreement is for the Renter to release Lister and Peaksrentals from all liability for any such property loss or damage, personal injury, or loss of life, whether caused by their negligence or based on breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, the Renter fully acknowledges that they will have no right to make a claim or file a lawsuit against Lister, Peaksrentals, or their affiliates, officers, members, agents, or employees, even if any of them negligently cause any injury, illness, death, or damage while the Renter is engaged in renting the Gear or participating in any associated activities.
    • The Renter agrees to indemnify and hold Lister and Peaksrentals harmless from any claims, including attorney's fees, brought by a third party arising from the Renter's use of the Gear. This includes responsibility for any injury to another person or damage to another's property, as well as any personal accident or injury resulting from the Renter's use of the Gear during the rental period. Neither Lister nor Peaksrentals shall be liable for such third-party claims or liabilities caused by the Renter.
    • Renter certifies they have adequate insurance to cover any injury or damage they may cause or suffer while participating in the activity. If Renter does not have such insurance, Renter agrees to bear the costs of any such injury or damage. Renter understands and agrees that Lister and/or Peaksrentals may make a claim against Renter's 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. The maintenance or lack of adequate insurance does not relieve Renter of any liability.
    • The renter agrees to indemnify and hold harmless Lister, Peaksrentals, their subsidiaries, agents, licensors, managers, affiliated companies, employees, contractors, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from or related to the renter's participation in this activity or use of the gear. This includes claims alleging negligent acts or omissions by Lister or Peaksrentals. If Lister, Peaksrentals, or anyone acting on their behalf is required to incur attorney's fees and costs to enforce this agreement, the renter agrees to indemnify and hold them harmless for all such fees and costs.
    • By signing this agreement, the Renter certifies that they are in good physical health and have no medical or physical conditions that could interfere with their safety while bicycling. If the Renter does have any such conditions, they agree to assume full liability for any damages, costs, or injuries that may result, directly or indirectly, from those conditions.
    • Renter authorizes Peaksrentals to charge their payment method or the deposit amount for rental fees, tax, security deposits, late fees, and repair costs.

  3. RISK AND LIABILITY

    • Renter acknowledges the inherent risks of operating the Gear and assumes all such risks.
    • Renter releases, waives, and indemnifies Lister and Peaksrentals from any liability for injury, illness, death, or property damage.
    • Renter must have adequate insurance to cover any injury or damage caused to himself or others while using the Gear.

  4. GENERAL PROVISIONS

    • The gear is provided on an "as is" and "as available" basis, without any warranties, express or implied, to the maximum extent permitted by law. This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose. Furthermore, the lister does not guarantee that the gear or any rental will meet the renter's requirements.
    • This Agreement constitutes the entire agreement between the parties. Neither the Lister nor the Renter may transfer or assign this Agreement, or any rights and licenses granted under it.
    • Peaksrentals is an intended third-party beneficiary with rights to enforce the Agreement.
    • Disputes shall be governed by Canadian law and resolved in a Canadian court.
    • No waiver of any term in this Agreement shall be considered a further or continuing waiver of that term or any other term. Additionally, a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of that right or provision.
    • Entire Agreement and Severability: This Agreement constitutes the entire agreement between the Renter and Lister regarding the rental of the Gear. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of that provision shall not affect the validity of the Agreement's remaining provisions, which shall remain in full force and effect.

  5. DAMAGES

    • When you file a damage or theft claim, Peaksrentals will evaluate, at its sole discretion, whether it is the renter or the lister (or both) responsibility. Peaksrental’s initial determination is considered final, but you may be able to appeal the decision if you have new or compelling information that was not available during the original evaluation, or if you believe there was an error in the decision-making process.
    • If a Gear is damaged during a Rental, the Lister must notify Peaksrentals within 24 hours of the Rental Period's completion or before any subsequent rental, whichever comes first. Failure to report the damage within this timeframe will result in the presumption that the damage occurred after the Rental. The Lister is responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc. In some cases, the deposit amount can be used upon Peaksrentals’s agreement.
    • If the Renter does not return the Gear at the end of the Rental Period and does not agree within 24 hours to reschedule the return, or does not return the Gear at the rescheduled time, the Lister must file a report with the applicable police department and provide a copy to Peaksrentals. The Lister must also authorize the police department to discuss and share information about the case with Peaksrentals.

  6. Limitation of Liability

    • To the maximum extent allowed by law, Lister, Peaksrentals, their affiliates, agents, directors, employees, and suppliers will not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for lost profits, goodwill, use, data, or other intangible losses resulting from any rental or the use of, or inability to use, the gear.
    • If Lister, Peaksrentals, or their affiliates, agents, directors, employees, or suppliers are found liable, such liability to the renter or any third party is limited to the greater of (a) the total fees paid under this agreement, or (b) $100.
    • This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Peaksrentals has been advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

  7. PEAKSRENTALS INSURANCE

    • Peaksrentals provides a limited guarantee to Listers for Rentals. This guarantee covers up to: (a) $1,000 for bicycles (b) $1’000 for surfboards and stand-up paddle boards (c) $1’000 for winter sports equipment.
    • The insurance is active ONLY if the renter took the insurance option for his rental
    • Listers understand that the Peaksrentals Guarantee is limited to loss or damage to the Gear during the scheduled Rental period. It does not cover ordinary wear and tear, any repairs paid for by the Renter, or any loss or damage occurring before or after the Rental period. "Wear and Tear" includes all cosmetic damage, such as scratches, etc..
    • The Peaksrentals insurance only covers damage that compromises the functionality or safety of the Gear. It does not cover any other property damage, injuries, loss of use, or incidental, special or punitive damages - these can only be recovered from the Renter.
    • The Peaksrentals Guarantee does not cover Gears that are stored outside and unsupervised at night (including 10:00 pm to 6:00 am). Listers must notify all Renters of this exclusion.
    • To qualify for the Peaksrentals insurance, Listers must include accurate and current photographs and descriptions of the Gear, prior to the Rental period. This allows Peaksrentals to establish the make, model, components, and condition of the Gear and any accessories.
    • All claims under the Peaksrentals insurance must be initiated within 24 hours of the Gear's return. Late claims will not be honored. Listers are strongly encouraged to inspect their Gears for safety and functionality as soon as possible after the Rental. No exceptions to the 24-hour rule will be made.
    • Claims for damage must include photographic evidence, though peaksrentals reserves the right to require a physical inspection before making any payment. Claims for stolen Gears must be accompanied by a police report to be valid. Listers may be required to provide additional documentation, such as purchase receipts, maintenance records, and other documents as requested by Peaksrentals.
    • In the case of damage, the repair cost will be at Peaksrentals’s reasonable discretion, in consultation with professional repair personnel. Listers can select a preferred repair shop, but any costs exceeding Peaksrentals’s estimated repair cost will be the Lister's responsibility.
    • The Peaksrentals’s insurance only provides coverage for Gears rented through the Peaksrentals platform. It does not cover third-party property, personal injuries, or other losses, which are the sole responsibility of the Renter or Lister, as applicable.
    • When filing a damage or theft claim, Peaksrentals determines, in its sole discretion, whether the claim qualifies for coverage under the Peaksrentals insurance. Peaksrentals’s original determination is considered final, but Listers may be able to file an appeal if they have new or compelling information not available at the time of the original determination, or if they believe there was an error in the decision-making process.
If you have any question, feel free to contact us