Thanks for booking your rental through Gearo Inc. (“We”, “Us” and/or “Our”).
In consideration for the rental of certain equipment (the “Equipment”) being made available by Us on our platform by the third-party vendor you have selected (the “Vendor”), we hereby request that you agree to the terms and conditions of this Waiver Agreement (this “Agreement”).
By completing your rental transaction through Gearo Inc., as our customer (You) You hereby acknowledge and agree to the following terms and conditions of this Agreement:
- Rental Transaction: You are entering into a rental agreement directly with the Vendor. We are simply acting as a neutral venue and are not a party to the rental transaction. It is ultimately the Vendor, and not Us, who is responsible for the condition of the Equipment, and any issues You may encounter with the Equipment.
- Assumption of Risk: You acknowledge that the Equipment available for rental on Our platform is typically used for inherently dangerous activities, and 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 Us 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).
- Warranty Waiver: The Equipment is provided by the Vendor “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) with respect to the Equipment, 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). In summary, no warranties shall be deemed to made by Us, or exist with respect to, the Equipment. There are no oral or other representations, warranties or agreements not included in this Agreement. As noted in Section 5 below, it is Your responsibility to inspect the Equipment and inquire as to its condition when you pick up the Equipment from the Vendor.
- 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 Us 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 of the Equipment, 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, will inspect, examine and accept the Equipment. In addition, unless you notify Vendor to the contrary, you acknowledge that upon the delivery of the Equipment, as it is delivered to You, such Equipment 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 the Vendor, and if directed to do so, return the Equipment to the Vendor.
- Use of Equipment: The equipment is authorized for use only by You and no other person, unless such other persons execute a similar Agreement with Us and any other written agreements that are required with the Vendor. 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.
- Applicable Law/Venue: This Agreement and any disputes hereunder shall be governed by the laws of the State of Colorado and is intended to be as broad and inclusive as is permitted by Colorado law, and in the event any portion of this Agreement is determined to be invalid or unenforceable for any reason, the balance of this Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. Any disputes hereunder shall be adjudged in Denver County, Colorado, where the State or federal district court, as applicable, shall have sole jurisdiction.
- Integration: This Agreement, together with the End User License Agreement, represents the only binding agreements between You and Us (Gearo Inc.) and cannot be modified by oral agreement. You acknowledge that this Agreement may be amended only in a writing signed by both You and Us.
- Attorney’s Fees & Costs: If We or the Vendor employ the services of attorneys to enforce any of the terms and conditions of this Agreement, you shall be liable to Us or the Vendor for reasonable attorney’s fees and costs incurred by Us of the Vendor.