By renting, accessing or using outdoor equipment (“Equipment”) from Daily Adventure Box, Inc.
(“DAB”), You agree to all of the Terms and Conditions of Use (the “Terms”) below:
1. Rental: You (the DAB “Customer” or “You”) agree to rent the Equipment from DAB for the duration of time selected and paid for at your time of rental (the “Rental Period”).
2. Fees: In addition to all amounts due under any other provision(s) of this contract, You agree to pay DAB the all fees set forth in the DAB mobile application (the “App”), including subscription,
rental and supplemental fees (collectively, “DAB Fees”), without reduction or setoff, for the Rental Period. If You fail to return any Equipment when it is Due, You will incur additional fees (“Late
Fees”) as set forth in the App until the Equipment is returned to, and accepted by, DAB. (Note: DAB may, in its sole discretion, increase or impose fees related to late and non-returns from time to time based upon factors including, but not limited to, volume of other renter requests to use Equipment, seasonality, and time of day).
3. Payment Authorization: Subject to such limitations as may be set forth in applicable law, You irrevocably and unconditionally authorize Us to immediately charge the credit card or other payment method You have provided to Us for all DAB Fees and associated charges due under these Terms. You further agree to indemnify, defend and hold harmless DAB with respect to all such payments, processing fees, and related charges.
4. Cancellation: If you cancel two hours or more in advance of your Equipment pick-up time, there is no charge. If you cancel less than two hours in advance of your pick-up time, you will be charged fifty percent (50%) of the DAB Fees.
5. Possession/Title: DAB owns the Equipment, and title in and to all of it will remain with DAB at all times. You are entitled to use and possess the Equipment for the Rental Period, subject to the terms of the Terms. If you retain any of the Equipment beyond the length of time selected and paid for via the DAB App, You will be deemed to have materially breached these Terms.
6. Warranty Waiver: All DAB Equipment is provided “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), 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). No warranties shall be deemed to exist with respect to the equipment. Your sole remedy for any failure of or defect in or with respect to any of the Equipment is termination of the accrual of subscription or rental fees at the time of failure.
7. Assumption of Risk: You acknowledge that the possession, use, transportation and/or storage of DAB Equipment may give rise to the risk of personal injury and/or property damage. You voluntarily assume and all such risks and forever release and discharge DAB 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 your use of DAB Equipment, DAB lockers, DAB App and associated services (collectively, the “DAB Service”). Such release covers you and anyone who uses the DAB Service through your account, regardless of their age or relationship to You.
8. Hold Harmless/Indemnity: You assume all risks associated with the rental, 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 DAB, including its owners, affiliates, subsidiaries, principles, employees, successors and assigns, 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, regardless of the cause and including any injuries and/or damages suffered by You, Your agents, designees, and/or any third party(ies).
9. Inspection of Equipment: You acknowledge that You, immediately upon rental of the Equipment, will inspect, examine and accept the Equipment in the condition rented, and that, as
delivered to You, it is safe and in good operating condition and repair and otherwise in all ways acceptable to you. If, following such inspection and examination, you do not accept the Equipment for use in the condition available, you will not us the Equipment, will immediately return the Equipment, and will immediately notify Us through the DAB App or via DAB’s email
support as to the reason for non-use. You will not be charged DAB Fees for your rental in this situation.
10. Use of Equipment: The equipment is authorized for use only by You and Your agents and authorized users, each of whom must be skilled, experienced, trained and authorized in use of the Equipment in its normal, intended use.
11. Loss or Damage: You are the insurer of the Equipment during the Rental Term. You bear all risk of loss, theft, damage or destruction to the Equipment, regardless of cause (ordinary wear and tear excepted). If the Equipment is lost, stolen, damaged or destroyed during the Rental Term, whether or not the same is Your fault, You will notify Us immediately, and You will pay DAB the retail value of the parts and labor necessary to repair the Equipment if damaged, or its replacement cost, if lost, stolen, destroyed or damaged beyond DAB’s reasonable ability to repair it; and in either case, all packing, shipping, handling, storage and other associated costs. Rent previously paid will not be applied to the above-referenced charges.
12. Care of Equipment: You must protect the Equipment against misuse, exposure to adverse conditions and any other abuse or neglect, ensure that it remains in good operating condition and it returned to Us at the end of your rental period in same condition in which you rented it (ordinary wear and tear excepted).
13. Return of Equipment: You agree that, upon return to Us, the Equipment will be clean, free of all regulated or hazardous substances (including without limitation, substances identified as
“hazardous materials” under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA) and/or any other federal, state or local laws, rules and/or
regulations purporting to deal with toxic or hazardous substances), rental-ready, and otherwise in substantially the same order condition and repair as when you initially rented it. You agree to pay
a reasonable charge for Equipment returned in any other condition. Any Equipment not returned within twenty-four (24) hours from your expected return time will be deemed lost and in addition to Late Fees, You will be charged full Equipment replacement fees.
14. Ordinary Wear and Tear: “Ordinary Wear and Tear” means normal deterioration resulting from the proper and intended use of the Equipment in accordance with these Terms, and will not be
considered damage for which You will incur additional fees or charges. Damage which is not “Ordinary Wear and Tear” (and for which You will be solely responsible) includes without
limitation, theft, mysterious disappearance, damage due to overloading or exceeding rated capacities, non-standard use, operation without proper supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents and intentional damage.
15. Warning regarding Criminal Conversion: The use of false or fictitious identification or accounts via the DAB App to obtain DAB Equipment, the failure to return rental property or the failure to pay for its use, is a crime and may result in criminal prosecution in addition to civil penalties.
16. Compliance with Laws: You agree to comply fully with all laws and regulations applicable to the access, storage, use, and transportation of the Equipment.
17. Applicable Law/Venue: These Terms, your access to and use the DAB Service, and any disputes arising hereunder or in any way related hereto, shall be governed by the laws of the State of California. Any such disputes shall be adjudicated in Sacramento County, California.
18. Waiver of Jury Trial: You hereby waive all rights to a jury trial of any claim or cause of action based on or arising out of these Terms or the subject matter hereof. This waiver pertains to all
disputes that may be related to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any
exceptions. You understand and agree that this is a waiver of important legal rights and acknowledge and agree that You may discuss this waiver and its effects with legal counsel. Accordingly, You knowingly, voluntarily, irrevocably and unconditionally waive any jury trial rights.
19. Enforcement: You agree to pay Us all attorneys’ fees and other costs DAB may incur in enforcing or exercising DAB rights under these Terms, whether or not suit is filed.
20. Integration: These Terms represent the complete and final agreement between You and Us (DAB) and cannot be modified through any other agreement. There are no oral or other representations, warranties or agreements not included in these Terms or the DAB App. You acknowledge that these Terms may be amended or updated from time to time by DAB.