ESTB
2018
RENTAL GEAR & PROVISIONS DELIVERED
The gear will be in your unit before you check in!
The gear will be picked up after you checkout. Just leave it in the unit!
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I. Rental Policy
One rental day is defined as one use day, 24 hours from the time it was dropped off.
An agreement to the “Release of Liability” form is required before the use of any gear provided by Outpost, Inc. d.b.a. Outfitted.
An active credit card must be held on file for the duration of the rental. If there is significant damage upon return, you are responsible for the cost of repair or replacement if irreparable. Failure to return items results in automatic purchase of the gear. We reserve the right to charge an appropriate cleaning fee for any piece of gear returned in excessively poor condition.
By renting out equipment from Outpost, Inc. d.b.a Outfitted, you agree to our Terms and Conditions.
II. Outpost, Inc. d.b.a Outfitted: Release of Liability and Agreement not to Sue, Indemnification Agreement : Please read carefully, this will affect your legal rights.
In exchange for participation in the activity of rentals associated with outdoor activity organized by Outpost Inc. d.b.a Outfitted of PO Box 12526, Jackson WY, 83002 USA and/or use of the property, facilities and services of Outfitted, I, [fullname], being an adult of sound mind and capacity agree to the following:
1. I agree to observe and obey all posted rules and warnings, and further agree to follow any verbal instructions or directions given by Outfitted, or the employees, representatives or agents of Outfitted.
2. I recognize that there are certain inherent risks associated with all backcountry and frontcountry activities and I assume full responsibility for any and all personal injuries to myself and (if applicable) members of my party, and further release and discharge Outfitted for injury, loss or damage arising out of my or my party’s use of or presence upon the facilities of Outfitted, whether caused by the fault or negligence of myself, my party, or other third parties. In addition, Outfitted is not liable for the willful or intentional acts of those members of the group who cause injury other Outfitted customers or any other third party members. Outfitted is in no way shape or form responsible for the willful or intentionally wrongful acts of its agents, employees, and/or servants.
3. I agree to indemnify and defend Outfitted against all claims, causes of action, damages, judgments, costs and/or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my party of or presence upon the property of Outfitted. Additionally, I agree to indemnify Outfitted from claims and causes of actions etc. made by third parties against Outfitted which arise from the my actions or transactions from such third party.
4. I agree to pay for all damages to the property and equipment of Outfitted in which I rented or utilized due to negligent, reckless, or willful actions regardless during the period of rental. This includes damage to rental gear not classified as “wear and tear”.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. Any legal or equitable claim that may arise from participation in the above shall be resolved under Wyoming law.
7. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Outfitted has offered to refund any fees I have paid to use its facilities if I have not yet used any Outfitted equipment and choose not to sign this Agreement.
8. This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
11. I recognize that I assume all responsibility for equipment and gear rented from Outfitted regardless of who uses the gear that I rented, this includes but not limited to members of my party or my family and friends. In all cases, Outfitted is not responsible for its use or misuse by the signer or anyone whom the signer allows to use the rented equipment.
12. In case of a minor User, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all of this terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understand that he/she is also waiving certain rights on behalf of the minor that the minor bother may have.
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