Rental Terms and Conditions
Mountainist, a Wyoming corporation, rents mountain sports, including but not limited to dirt biking and snowmobiling, gear (the “gear”) to its customers (“You” or “Your”) according to these rental terms and conditions (this “Agreement”).
ASSUMPTION OR RISK
You acknowledge and agree that You are choosing to take part in mountain sports, including but not limited to dirt biking and snowmobiling, despite the many potential dangers and inherent risks of doing so, and freely choose to accept the inherent and non-inherent risks of participating in mountain sports, despite the dangers.
Any order that hasn't yet been prepped and packed for shipment is eligible for cancellation. To cancel, please contact us at email@example.com. If you cancel your order 14 days or more in advance, you will get a full refund. If you cancel less than 14 days out, you will be charged a $20 cancellation fee.
Damaged Gear / Refund
You agree immediately to discontinue using the gear that becomes unsafe or in a state of disrepair, and immediately to notify Mountainist of such fact. Your sole remedy if the gear becomes unsafe or in a state of disrepair is for Mountainist to adjust the rental charge accordingly. However, if the gear is unsafe or in disrepair because of Your improper use or maintenance. You will be charged the full replacement price (price of gear + shipping) for any gear with significant damage.
Insurance offered by Mountainist covers minor repairs if the gear rented from Mountainist is damaged during normal use. The charge for the insurance service is $3-5 per item and will appear as a separate line item during Your checkout. Mountainist insurance does not cover loss or damage to the gear caused by theft, abuse, misuse, neglect, intentional acts or failure to follow the instructions provided for proper use and care of the rented gear.
The gear may not and shall not be used: (a) illegally or for any illegal purpose; (b) when it is unsafe or not working properly; (c) by anyone other than You without the prior written consent of Mountainist; or (d) improperly or for some unintended purpose, or misused;
Don’t be late. The last day of your rental period is the agreed upon return time and should be dropped at a UPS location no later than 12pm on your return date. Any returns on the following day will incur a $50 charge for each late day until your late charges have exceeded the full retail cost of the gear. This is to encourage on time gear rentals so other customers do not miss out on their gear.
YOU MAY NOT SUBLEASE THE GEAR OR TRANSFER THIS AGREEMENT OR ANY INTEREST HEREIN OR THE USE OR POSSESSION OF THE GEAR. IF YOU SHOULD DO SO, YOU WILL ASSUME ALL LIABILITY AND COMPENSATE MOUNTAINIST, A WYOMING CORPORATION (“MOUNTAINIST”) FOR ANY LOSS IT SUFFERS, AND YOU MAY BE DECLARED IN DEFAULT OF THIS AGREEMENT. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION SUITABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, CONDITION, QUALITY OR FREEDOM FROM CLAIMS OF ANY PERSON BY WAY OF INFRINGEMENT OR THE LIKE, HAVE BEEN MADE BY MOUNTAINIST, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THE GEAR. YOU AGREE YOU ARE RENTING THE GEAR “AS IS”. MOUNTAINIST SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY THE GEAR, WHETHER ARISING THROUGH MOUNTAINIST’S NEGLIGENCE OR IMPOSED BY LAW. IN NO EVENT SHALL MOUNTAINIST BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST USE, REVENUE OR PROFITS (UNLESS REQUIRED UNDER APPLICABLE LAW).
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD MOUNTAINIST, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, FOR ALL INJURIES OR DEATH OF ANY PERSON, OR DAMAGE TO ANY PROPERTY OCCURRING OR ARISING FROM OR CONNECTED WITH, DIRECTLY OR INDIRECTLY, YOUR POSSESSION, USE AND RETURN OF ANY OF THE GEAR (UNLESS REQUIRED BY APPLICABLE LAW).
You agree that any of the following shall be an event of default: (a) You fail to pay when due any rent or any other amounts due under this Agreement, (b) You fail to perform any of my covenants or obligations herein; (c) Mountainist determines that any representation You made herein or in any other document executed and delivered by You in connection herewith shall have been inaccurate or untrue when made, or (d) any breach or default by You occurs under any other agreement between You and Mountainist.
Remedies upon Default
You agree that upon a default by You, Mountainist may take one or more of the following actions: (a) proceed by litigation to enforce Your performance of the applicable covenants and provisions hereunder or to recover damages for the breach hereof or (b) cancel this Agreement. You agree to pay all costs and expenses Mountainist incurs in exercising any of its rights or remedies hereunder or in enforcing this Agreement. For any cancellation under this paragraph, You agree that Mountainist shall be entitled to retain all rents and additional sums paid by You plus all insurance proceeds and other sums, if any received by Mountainist or to which it is entitled and Mountainist shall be entitled to recover all rentals accrued and unpaid for the period up to and including the date of such cancellation, plus all additional sums payable by You, for which You are liable or for which You agreed to indemnify Mountainist.
Liquidated Damages for Unpaid Rent
You agree that Mountainist shall be entitled to recover immediately, as liquidated damages for unpaid rent and not as a penalty, a sum equal to the total of: (a) all rentals or other sums due and owing for any item of the gear up to the date of return to or repossession by Mountainist, (b) any expenses and losses incurred by Mountainist in connection with the repossession, holding, repair, subsequent sale or lease or disposition of the Gear, including reasonable attorneys’ fees incurred in connection with the enforcement or protection of Mountainist’s rights hereunder or any of the foregoing; (c) the value for the gear that You fail to return to Mountainist, convert or destroy or which Mountainist is unable to repossess; and (d) the value for all gear returned to Mountainist less (i) the present value of the proceeds of reletting such gear for the remaining term hereof, or (ii) if such item is sold, the net proceeds of such sale. Present value shall be computed on the basis of a discount rate of six percent (6%) per annum and the discount rates for any releasing will be compounded on the respective dates on which rents will be payable.
Limitation on Remedies
You agree that You have no right to reject or revoke acceptance of the Gear or to cancel this Agreement. You agree that if Mountainist fails to meet any of its obligations, Your exclusive remedy shall be to notify Mountainist of such deficient performance. You agree that in such event Mountainist may make a rental charge adjustment, and that Mountainist’s liability for losses or damages resulting from any cause shall be limited to the rental fee of the gear involved in such losses or damages.
Mandatory Arbitration; Governing Law
If a dispute arises from or relates to this Agreement or a breach of it You agree the dispute shall be settled by arbitration administered by the American Arbitration Association (“AAA”), except as otherwise provided in this Paragraph, in accordance with the Expedited Procedures contained therein if applicable, which will be presented to You upon written request, and judgment of the reasoned award rendered by the arbitrator may be entered in any federal or state court having jurisdiction thereof. You agree that the arbitration shall be limited to the dispute between You and Mountainist and will not be part of a class-wide or consolidated arbitration proceeding. Arbitration shall be initiated by filing a demand with AAA with notice thereof given to the other party. The arbitrator shall have exclusive authority to resolve the dispute, including but not limited to, the interpretation, applicability, enforceability, validity or formation of this Agreement, any claim that all or any part of the Contract is void or voidable, and any claim arising out of the terms and conditions of this Agreement or involving the rights and obligations of the parties hereto or its breach. The proceedings before the AAA shall include the following: (i) If not heard by telephonic means according to the parties’ mutual consent, the arbitration hearing shall be held in Jackson, Wyoming. (ii) In any arbitration or judicial proceeding, this Contract shall be governed and interpreted in accordance with the laws of the State of Wyoming unless otherwise preempted otherwise. (iii) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the applicable law and this Agreement. (iv) The administrative costs and attorneys’ fees arising out of the arbitration and any ancillary judicial proceedings necessarily required in the enforcement of this Agreement shall be borne by the losing party or shall be borne in such proportions as the arbitrator may determine.