Coozie Gear Rental Agreement

PAYMENT

Coozie Gear will charge your card for the full cost of the order plus a $10 insurance fee upon checkout. You will receive an email with order confirmation. 

DAMAGED OR LOST EQUIPMENT CHARGES

Additional charges will apply for lost or broken items. You will not be charged for items damaged due to normal wear. You will be responsible for the full replacement cost of any items not returned or returned damaged. If an item was not included, you must contact Coozie Gear prior to you depart for your trip.

DELIVERY AND PICK-UP

There must be a designed adult at the delivery address upon delivery. An inability to reach someone within 15 minutes of arriving at the address within the window of time you selected in the delivery and pick-up schedule form will be considered a last minute cancellation in which you will be charged 50% of the full rental cost.

RENTAL START AND END TIME

Coozie Gear will deliver your gear either the night before the first day of your order or the morning of the first day of your order. Gear will be picked up the evening of the last day of your order. 

CANCELLATION AND REFUND POLICY

We understand that sometimes your plans change. If you need to cancel your reservation, please contact us 2 days prior to your scheduled delivery date to receive a full refund. If you need to cancel with less than 2 days notice, you will receive a 50% refund.

LIMITATIONS OF LIABILITY POLICY

You, the person renting Coozie Gear LLC equipment, are referred to here as “you” and “your.” Both you and Coozie Gear collectively are referred to as “the parties.” Before renting Coozie Gear equipment you must explicitly consent to this Limitation of Liability Policy. Any other persons involved in the activities associated with the use of Coozie Gear equipment must also consent to this Limitation of Liability Policy. If at any time there is anything in this Limitation of Liability Policy that you do not agree with, or cannot abide by for any reason, you must not use and you must cease any ongoing use of the Coozie Gear equipment.

You must be 18 years of age or older to rent Coozie Camping equipment, and you hereby acknowledge that you meet this requirement.

You acknowledge that activities that require the use of gear that Coozie Gear rents is inherently dangerous and poses risks of significant bodily harm or death, or of property damage or theft.

You acknowledge that Coozie Gear is not inducing you to participate in any particular activities or any activities at all.

You acknowledge that Coozie Gear makes no representation that any activity that uses the gear that Coozie Gear rents is safe or appropriate for your particular situation.

You acknowledge that you will read all instructions for all Coozie Gear equipment, and you will also take any other reasonable steps to determine the proper use of any Coozie Gear equipment.

You acknowledge that you will not use any Coozie Gear equipment in any way other than for its intended use.

In any case, you will use your 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.

YOU EXPRESSLY ASSUME THE RISK OF ANY HARM THAT MAY ARISE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE USE OF COOZIE GEAR 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 YOURS OR OTHERS.

YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS COOZIE GEAR LLC, 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 YOU OR ANYONE ELSE MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF YOUR RENTAL AND/OR USE OF THE EQUIPMENT, YOUR FAILURE TO USE ANY OF THE EQUIPMENT, OR YOUR 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, you agree to indemnify and hold harmless Coozie Gear LLC, 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, you hereby agree 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. COOZIE GEAR DISCLAIMS ALL LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES.

Governing Law

This Limitation of Liability Policy and all other agreements between the parties shall be construed under the laws of the State of California.

Entire Agreement

This Limitation of Liability Policy and the Rental Guidelines embody the entire agreement and understanding between the parties on the subjects addressed herein and supersedes all prior discussions, agreements, or understandings between the parties, whether express or implied. Both parties agree that no promise or representation regarding the subjects addressed herein have been made by either party other than those expressly set forth herein.

Non Waiver of Terms

No term or condition of this Limitation of Liability Policy or the Rental Guidelines shall be deemed to have been waived, except in writing by the party charged with such waiver. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate for the future only as to the specific term or condition.

Force Majeure

Except as provided in this Limitation of Liability Policy, neither party shall be liable for any failure to perform under their obligations to the other when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, strikes, and prolonged shortage of energy.

Severability

If, for any reason, any provision or partial provision of this Limitation of Liability Policy or the Rental Guidelines is held invalid, such invalidity shall not affect the remainder of such provision or any other provision not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.

Headings

The headings of the sections of this Limitation of Liability Policy and the Rental Guidelines are inserted for convenience of reference only and are not intended to be a part of, or to affect the meaning or interpretation of, these agreements.

Handling Disputes

In the event of a dispute arising out of this Limitation of Liability Policy or the Rental Guidelines, both parties agree to attempt to resolve any dispute by negotiation in good faith. However, if the parties are unable to resolve any dispute by negotiation, a lawsuit may be commenced in a court of law only in Los Angeles County, California.

Both parties agree to waive any objection to personal jurisdiction or venue, and any right to a trial before jury, in any proceeding in these courts. The prevailing party in any dispute is entitled to all costs and expenses, including but not limited to, reasonable attorney fees and court costs, for the collection and/or enforcement of any obligation under this Limitation of Liability Policy or the Rental Guidelines, whether or not a lawsuit or arbitration is commenced.

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