Terms and Agreements

We are excited you are getting outdoors with our equipment! Participating in outdoor activities can help you be happy and healthy and those activities also have risks. We want to provide you with important information about the risks and the terms of your rental. Please read these details closely.

ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION CAMP GEAR CREW LLC RENTAL AGREEMENT (“RELEASE”)

In consideration of the use of Camp Gear Grew LLC’s car camping rental equipment and associated services, I agree to the terms contained in this document.

1. REPRESENTATIONS & AGREEMENT: I understand and agree that the terms of this RELEASE apply to the “USER” of the equipment defined as follows: “USER” includes the person signing the RELEASE. “USER” also includes any adult or minor who actually uses the rental equipment. If I am signing the RELEASE on behalf of any USER other than myself, including a minor, I verify that I have the authority to enter into this Agreement on behalf of the USER and I agree to hold harmless and indemnify Camp Gear Crew LLC for any claims brought or on behalf of the USER.

2. USER agrees that USER is solely responsible for USER’S health and safety, and certifies that USER has the experience, skill and ability necessary to user the rental equipment, and that USER is in good physical health, USER agrees that USER is responsible for knowing how to properly use the rental equipment and for obtaining necessary instruction if needed. If USER believes the rental equipment is not functioning properly, USER will stop using it and will contact Camp Gear Crew LLC immediately to arrange for return of the equipment for inspection, repair or adjustment by a qualified technician. USER agrees not to misuse or abuse the rental equipment, and to use caution while using it. USER understands how the rental product works, and any and all questions that USER has regarding the equipment have been asked and fully answered. USER understands and agrees that certain risks of outdoor activity may be reduced, but not eliminated, by taking lessons, following posted guidance at recreation areas, and by using care and common sense.

3. If I am signing this RELEASE on behalf of any USER other than myself, I agree to provide that USER with any relevant safety and usage information regarding the equipment, including but not limited to any information provided to me by Camp Gear Crew LLC.

4. ASSUMPTION OF RISKS OF ACTIVITIES: The USER understands that any equipment provided or borrowed or rented from Camp Gear Crew LLC is used at the USER’s own risk. The USER understands that the activities for which this equipment is rented are INHERENTLY HAZARDOUS and that while engaging in the activities USER may encounter or be exposed to any number of risks, hazards and dangers – including but not limited to:

Slips, trips, and falls; fractures; concussions; drowning; dangerous unpredictable forces of nature, including exposure to the sun, cold, wind, rain, hail, lightning, flashfloods and other such phenomena; injuries from lack of fitness or conditioning; dangerous animals, including poisonous reptiles, and poisonous plants may cause harm; or disease-carrying insects: falling rocks, objects, or people; equipment failures; and negligence by others, including other individuals engaged in outdoor recreation.

As a consequence of these and other risks, the USER may be seriously hurt, disabled, or may die from the resulting injuries, and the USER’s property may also be damaged. USER understands and accepts that the above risks are inherent to the activities and agrees to assume both inherent risks and any and all other risks of the activities and use of rental equipment (including those not listed above). Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable in a remote setting. Camp Gear Crew LLC assumes no responsibility for providing medical care during rental, and the USER will have to pay for any medical care and/or evacuation incurred.

5. RELEASE OF LIABILITY: The USER hereby RELEASES and AGREES NOT TO SUE CAMP GEAR CREW LLC, it’s employees, agents, officers, directors, and contractors, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way to the use of the rented equipment or any other associated equipment and services. This RELEASE includes, but is not limited to, claims that the Released Parties were negligent including negligence in the selection, maintenance and inspection of the equipment or failure to provide proper instruction, technical direction or safety equipment. The release also includes claims for strict liability for abnormally dangerous activities. The USER is responsible for determining what safety equipment is needed for each activity and for having such equipment.

6. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE: The USER promises to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims, including claims for the Released Parties’ negligence brought by the USER, a family member, or anyone else. The USER also promises to INDEMNIFY, HOLD HARMLESS AND DEFEND the Release Parties against any claims for the USER’s own negligence, and any other claim arising from the USER’s acts or omissions associated with the rental equipment. In accordance with these promises, the USER will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. The USER agrees that in the event of the USER’s death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on the USER’s estate, and the personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

7. SEVERABILITY, APPLICABLE LAW, FORUM & ATTORNEY’S FEES: The USER agrees that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION as broad and inclusive as is permitted by law. If any portion is found to be invalid or unenforceable, then the remainder will continue in full force and effect. This agreement shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. Any dispute arising from this Agreement or in any way associated with the rental or related activity shall be brought only in the Superior Court of San Diego County, in San Diego, California, or in the U.S. District Court for the Southern District of California.

I accept this rental equipment AS IS and without any warranty, express or implied, beyond those in this agreement, and in the manufacturer’s written warranty, if any. I agree to return the rental in clean condition and operating properly. I will pay all late fees assessed by Camp Gear Crew LLC not to exceed the full retail value of the rental not returned to Camp Gear Crew LLC by the agreed date. I agree to be fully responsible for the care of this rental and agree to pay Camp Gear Crew LLC damages up to the full replacement value of the rental equipment for any loss or damage to the equipment (other than reasonable wear and tear), including but not limited to, loss or damage caused by theft, destruction, misuse, or abuse.

I HAVE FULLY READ AND AGREE TO THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT, INCLUDING THE ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION PROVISIONS. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT AND THAT I AM SURRENDERING LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.

If USER of the equipment is a minor, signature of parent or responsible adult is required:

In consideration of the minor child being permitted to use any of the equipment this Agreement applies to, I accept and agree, for myself and on behalf of the minor child, to the full contents of this Agreement. I certify that I have the authority to sign on behalf of the minor child, to the full contents of this Agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Release Parties from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child while using any rental equipment. This includes any claim of the minor and any claims arising from the negligence of the Release Parties.

AGREEMENT TO TERMS

CHECKING THE BOX OF “I ACCEPT THE TERMS AND AGREEMENTS” DURING ONLINE CHECKOUT IS YOUR SIGNATURE AND CERTIFICATION THAT:

• YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL THESE TERMS.
• YOU ARE AUTHORIZED TO ACCEPT THE TERMS AND AGREEMENTS.
• YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND AGREEMENTS.