This document is divided into two parts. The first part, RENTAL POLICIES, is our explanation in everyday language of what we agree to and what your responsibility is when renting gear from Roam’n Around LLC. The second part, RENTAL AGREEMENT, is mumbo jumbo needed by our insurance company.
If you have any questions about any of this, please email us at info@roamnaround.com or call us at (605) 716-1660.
Thank you for choosing to rent through Roam’n Around, and we hope you have a great outdoor adventure!
[RENTAL POLICIES]
Roam’n Around rentals are subject to the following terms and conditions, and we try to keep things as straightforward and easy as possible for you. Rental gear is also subject to the Roam’n Around, LLC Rental Agreement which is in this document immediately following the Rental Policies.
START DATE
Your start date is the day you need to pick up your equipment.
RETURN DATE
This is the day you must drop your gear off with us.
CLEANLINESS
Don’t forget, all gear must be clean (meaning not full of dirt) and dry (as in, not wet). If you don’t return gear clean and dry, we reserve the right to charge you an additional fee. Mold and mildew can do a lot of damage and we don’t want to have to charge you for it.
CALCULATING LENGTH OF RENTAL
If your start date is a Friday, and you come back to civilization on a Sunday, we consider that three days. We are aware this means that you may not be able to return it to us until Monday morning—a friendly heads up goes a long way. Don’t worry; according to our math, that is still a three-day rental.
PUNCTUALITY
We make commitments knowing that you will bring your gear back on time. If for some reason this doesn’t happen, we will charge you a daily fee equal to the one-day rental fee. This adds up pretty quickly and we don’t want you to be surprised by it.
DAMAGED GEAR
The Roam’n Around crew has done a lot of camping and backpacking and we know all about normal wear that comes with usage. However, we also know the kind of gear we carry lasts for years and years. With that in mind, rips, and tears, stains and missing parts, burn holes, and dents, etc. are things we reserve the right to charge you for.
LOST AND/OR STOLEN GEAR
When you rent, it is your responsibility to get it back to us. If we don’t get it back, we will need to charge you the replacement cost for the item(s).
RESERVING GEAR
Please reserve your gear as far in advance as possible. We try our best to accommodate all rental inquiries, but we will run out of some items during our busy times, and we want you to have all the gear you need for your adventure.
CANCELLATION POLICY
Payment is required up-front for online bookings, but we have a no-hassle cancellation policy and will fully refund your payment with a minimum 24 hour notice--cancellations within 24 hours of the scheduled rental pick-up time are subject to a 25% re-stocking fee. No shows are not considered cancellations -- no refunds will be made without communication at least 24 hours prior to start date.
[RENTAL AGREEMENT]
By renting OUR Equipment from Roam’n Around LLC, YOU agree to OUR Terms and Conditions in this Rental Agreement
RENTAL PERIOD
YOU (Customer) hereby rent from US (Roam’n Around LLC) the Equipment for the Term and agree to pay Roam’n Around LLC for all Time Out. Except only as expressly set forth in the Agreement. We (Roam’n Around LLC) charge rent for all Time Out, including Saturdays, Sundays and Holidays.
RENT
In addition to the amounts coming due under any other provision(s) of this contract, YOU agree to pay Roam’n Around LLC the rent specified in your invoice, without reduction or setoff, for the periods commencing upon the Time Out and continuing without interruption until the Actual Time in. If YOU fail to return any Equipment when it is Due in, YOU will continue to pay Roam’n Around LLC rent on the basis of 1-day rental charge per additional day out, for all additional time elapsed (a “Late Period”) until the equipment is returned to, and accepted by, Roam’n Around LLC. Any Equipment not returned within 3 days following YOUR rental dates duration will be deemed lost and in addition to Late Fees, YOU will be charged full Equipment replacement fees.
POSSESSION/TITLE
Roam’n Around LLC owns the Equipment, and title in and to all of it will remain Roam’n Around LLC at all times. YOU are entitled to use and possess the Equipment for the Rental Period, subject to the terms of the Agreement. If YOU retain any of the Equipment beyond the agreed Term without Roam’n Around LLC’s express written consent, YOU will be deemed to have materially breached the Agreement.
CREDIT CARD AUTHORIZATION
Subject to such limitations as may be set forth in applicable law, YOU irrevocably and unconditionally authorize US to immediately submit for payment on the credit card YOU have provided US all estimated charges coming due under this Agreement, and YOU agree to indemnify, defend and hold harmless Roam’n Around LLC with respect to the same.
WARRANTY WAIVER
The 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 rental charges at the time of failure.
ASSUMPTION OF RISK
You acknowledge that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. YOU voluntarily assume all such risk and release and discharge Roam’n Around LLC and the Equipment 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 OUR negligence (other than OUR intentional misconduct).
CANCELLATION POLICY
Payment is required up-front for online bookings, but we have a no-hassle cancellation policy and will fully refund your payment with a minimum 24 hour notice--cancellations within 24 hours of the scheduled rental pick-up time are subject to a 25% re-stocking fee. No shows are not considered cancellations -- no refunds will be made without communication at least 24 hours prior to start date.
HOLD HARMLESS/INDEMNITY
YOU assume all risks associated with the 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 Roam’n Around LLC 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 employees and/or any third party(ies), except to the extent directly resulting from OUR intentional misconduct.
RECEIPT/INSPECTION OF EQUIPMENT
You acknowledge that YOU, upon receipt of the Equipment, inspected, examined and accepted the Equipment, and that, as presented to YOU, it is safe and in good operating condition and repair and otherwise in all ways acceptable to YOU.
EQUIPMENT FAILURE
In the event of the Equipment fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, YOU agree to immediately discontinue use, notify US, and if directed to do so, return the Equipment to US.
USE OF EQUIPMENT
The equipment is authorized for use only by YOU and those indicated at time of rental. The Equipment is authorized for use only for its ordinary purpose.
COMPLIANCE WITH LAWS
YOU agree to comply fully, at YOUR sole cost, with all laws and regulations applicable to the storage, use, and transportation of the Equipment.
LOSS AND/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 expected). 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 be subject to pay Roam’n Around LLC 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 OUR 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.
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 the Term in the condition required.
RETURN OF EQUIPMENT
YOU agree to ensure that, upon return to US, the Equipment will be clean, free of all regulated or hazardous substances (including without limitations, 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 is substantially the same order condition and repair as at the Time Out, “Ordinary Wear and Tear”. YOU agree to pay a reasonable charge for Equipment returned in any other condition. Any Equipment not returned within 3 days following YOUR rental dates duration will be deemed lost and in addition to Late Fees, YOU will be charged full Equipment replacement fees.
ORDINARY WEAR AND TEAR
“Ordinary Wear and Tear,” meaning normal deterioration resulting from the proper and intended use of the Equipment in accordance with the terms of this Agreement, will not be considered damage. 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.
INTEGRATION
This Agreement represents the complete and final agreement between YOU and US (Roam’n Around LLC) and cannot be modified by oral agreement There are no oral or other representations, warranties or agreements not included in this Contract. YOU acknowledge that this Agreement may be amended only in a writing signed by both YOU and US.
APPLICABLE LAW/VENUE
This Agreement and any disputes hereunder shall be governed by the laws of the State of South Dakota, and any disputes hereto shall be adjudged in Pennington County, South Dakota, where the State District Court shall have sole jurisdiction.
WAIVER OF JURY TRIAL
Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this Agreement 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. Each party (a) understands that this is a waiver of important legal rights and (b) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
LIEN GRANTS
To the extent permitted under applicable law, in order to secure payment and performance of YOUR obligations arising under this Agreement, YOU hereby grant to US (a) a continuing security interest in any and all personal property owned by YOU and located at the Site, and all personal property placed in any and all vehicle(s) and trailer(s) rented from US (and this Agreement shall operate as a Security Agreement for such purposes, vesting in US all rights available under the Uniform Commercial Code, as adopted in the state(s) in which Our business operations are conducted, and a mechanic’s lien on the site and all improvements constructed therein or thereon. You further authorize US to file this Agreement of public record, as a Financing Statement (with respect to any and all goods that are or are to become fixtures) or otherwise, in OUR sole discretion.
WARNING REGARDING CRIMINAL CONVERSION
The use of false or fictitious identification to obtain rental property, the failure to return rental property or the failure to pay for its use, is a crime and may result in criminal prosecution.
ENFORCEMENT
YOU agree to pay US all attorneys’ fees and other costs Roam’n Around LLC may incur in enforcing or exercising OUR rights under this Agreement, whether or not a suit is filed.
