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TERMS & CONDITIONS OF USE MTN Gear

PAYMENT

Peak Gear LLC d/b/a/ MTN Gear will charge your card for the full cost of the order at checkout. You will receive an email with the order confirmation. By renting equipment from MTN Gear you accept full financial responsibility for the equipment you've rented. If an item you ordered was not included in the shipment, you must contact MTN Gear immediately upon receipt of your gear, or all items will be considered received. All gear in your order must be returned in full together in the MTN Gear provided prepaid shipment envelope. If you fail to return rental gear by the pre-arranged time the following shall occur:

  • If no shipment is detected by noon on the arranged day, you will be notified that a $50 late fee shall be applied if the shipment does not occur within 24 hours.
  • At 24 hours late you will be levied a $50 fine. You will also be advised that if the shipment does not occur within the next 24 hours an additional $50 fine shall be levied and the balance of the gear full retail price shall be charged to your credit card.
  • At 48 hours late an additional $50 fine is levied and the balance of the gear’s full retain value is charged to your credit card on file.

You will have the option to purchase your demo gear at the end of your demonstration reservation. The option to purchase the gear will expire at noon the day following your last ski day and corresponds with the agreed-upon return date and time policy. Should you elect not to buy your demonstration gear, the gear shall be returned promptly as noted previously. Should you choose to purchase your demonstration gear a separate charge will be made to your credit card and an updated purchase agreement and invoice will be generated.

EQUIPMENT CONDITION

MTN Gear strives to provide the highest quality mountain and outdoor gear. In some cases, you may receive unused, new gear with product tags attached. You understand and agree that in many cases the gear may have been previously used and will not have the original retail tags attached. MTN Gear makes every effort to ensure the article you receive is clean and is brought as close as possible to an new condition. MTN Gear makes no commitment that the gear you receive will be free of slight blemishes, creases, or other superficial defects. You must inspect the delivered gear upon delivery and immediately notify MTN Gear of substantial damage to any article. MTN Gear makes no guarantee that you will receive unused gear and is not able to make such guarantees in any situation.

DAMAGED OR LOST EQUIPMENT CHARGES

Additional charges will apply for unreturned, lost, or damaged gear or gear requiring excessive cleaning or repair. You will not be charged for normal wear. However, full retail replacement price will be charged for items returned with damage beyond normal wear, as determined by MTN Gear in its sole discretion. You agree to these additional charges being charged to your credit card.

EQUIPMENT AVAILABILITY

MTN Gear makes every attempt to ensure that the equipment reserved at the time of reservation is available. In the rare event that equipment becomes unavailable (color/size/brand) MTN Gear will supply a replacement of the same value. MTN Gear will notify the customer in these situations and will work to find an acceptable solution prior to the reservation shipment date. Should no acceptable solution be available customer shall be able to cancel the reservation with no penalty.

SHIPPING

Orders must be placed a minimum of seven (7) days in advance of your first rental day. Expedited orders within seven (7) days may be possible for an additional fee and is based on inventory availability. Your order will arrive by 8 PM the night before your first rental day. Note that in some instances a Sunday delivery may not be possible and therefore if your first rental day begins on a Monday, your gear will be delivered by 8 PM the Saturday before. Customers are responsible for ensuring your gear can be accepted by an adult at delivery or can be placed in a secure location. Customers are responsible for any lost or stolen gear.

To return your order, place your gear in the prepaid shipping envelope that was included along with your delivered gear. MTN Gear uses multiple shipping services (UPS, FedEx, USPS) to provide the best service possible. Please drop your gear off at the applicable service location or dropbox no later than 12 PM the day after your last rental day. For example, if the last day of your rental is Sunday, you must return your order to a service location or dropbox by 12 PM on Monday.

Prompt return of your gear to our facilities is appreciated and critical so that the next customer can enjoy their experience. Therefore, if we do not receive notification that your return shipment has been received on the day following your last rental day you may be charged a late return fee. Please see further detail regarding late fees in the Payment section.

CANCELLATION AND REFUND POLICY

If you need to cancel your reservation, contact us by emailing [email protected]. No refunds are available for cancellations given less than 5 days or for expedited orders. No refunds or cancellations are available after your order has gone out for delivery. Note that your delivery date is the day before your first rental day.

LIMITATIONS OF LIABILITY POLICY

Before renting gear from MTN Gear you must carefully read and explicitly consent to this Limitation of Liability Policy. Any other persons involved in the activities associated with the use of MTN Gear items must also consent to this Limitation of Liability Policy. If at any time there is anything in this Limitation of Liability Policy that you do not agree with, or cannot abide by for any reason, you must not use and you must cease any ongoing use of and gear received from MTN Gear.

You must be 18 years of age or older to rent gear from MTN Gear, and you hereby represent and acknowledge that you meet this requirement.

You acknowledge and agree that the type of activities that require the use of gear that MTN Gear rents are inherently dangerous and pose risks of significant bodily harm, serious injury, death, disability, or property damage or theft.

You acknowledge and agree that MTN Gear is not inducing you to participate in any particular activities or any activities at all.

ASSUMPTION OF RISK

YOU, ON BEHALF OF YOURSELF, YOUR CHILDREN, HEIRS, EXECUTORS AND ASSIGNS EXPRESSLY ASSUME THE ENTIRE RISK OF ANY HARM, INJURY OR LOSS THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM OR ASSOCIATED WITH THE USE OF GEAR RENTED FROM MTN GEAR, WHICH MAY INCLUDE BUT IS NOT LIMITED TO BODILY INJURY, SERIOUS INJURY, DEATH, DISABILITY, THEFT, DAMAGE, DESTRUCTION OR OTHER LOSS WHATSOEVER OF PERSONAL BELONGINGS OR VALUABLES OF YOURS OR OTHERS

RELEASE OF LIABILITY

YOU EXPRESSLY RELEASE MTN GEAR, ITS EMPLOYEES, AGENTS, OFFICERS, AND CONTRACTORS (“THE RELEASED PARTIES”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS THAT ARISE IN ANY WAY FROM ANY INJURY, ILLNESS, DEATH, DISABILITY, LOSS OR HARM THAT OCCUR TO YOU OR ANY OTHER PERSON OR TO ANY PROPERTY DURING THE ACTIVITIES YOU ELECT TO PARTICIPATE OR IN ANY WAY RELATED TO THOSE ACTIVITIES, INCLUDING DURING TRANSPORTATION TO OR FROM THE ACTIVITIES. THIS RELEASE INCLUDES CLAIMS FOR THE NEGLIGENCE OF THE RELEASED PARTIES AND CLAIMS FOR STRICT LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES. THIS RELEASE DOES NOT EXTEND TO CLAIMS THAT CALIFORNIA LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT. I ALSO AGREE NOT TO SUE OR MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR DEATH, DISABILITY, INJURIES, LOSS OR HARM THAT OCCUR DURING THE USE OF GEAR RENTED FROM MTN GEAR OR ARE RELATED IN ANY WAY TO THE ACTIVITIES FOR WHICH SUCH GEAR IS USED.

NO WARRANTY

You acknowledge and agree gear rented from MTN Gear is rented “AS IS” and that MTN Gear makes no representation or warranty that any gear rented from MTN Gear is sound, fit, safe, or appropriate for your particular activity or any activity at all. You, and you alone, are responsible for deciding if the gear you rent from MTN Gear is appropriate, safe, and suitable for your activities and purposes. You acknowledge and agree that it is your responsibility to use your own judgment to determine whether it is safe to use or fail to use any of the gear rented from MTN Gear in any particular way for any particular purpose.

INDEMNIFICATION

YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS ARRIVE INCLUDING ITS OFFICERS, AGENTS, EMPLOYEES, PERSONNEL, MANAGERS, DIRECTORS, INDEPENDENT CONTRACTORS, AFFILIATES, AND SUCCESSORS AND ASSIGNS FOR OR FROM ANY CLAIMS, LIABILITIES OR DEMANDS, INCLUDING COSTS SUCH AS ATTORNEYS FEES, RELATED TO ANY PROPERTY DAMAGE, HARM, INJURY, DISABILITY OR LOSS, INCLUDING DEATH, WHICH YOU OR ANYONE ELSE MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF YOUR RENTAL AND/OR USE OF THE GEAR, YOUR FAILURE TO USE ANY OF THE GEAR, OR YOUR ALLOWING OR FAILING TO ALLOW OTHERS TO USE ANY OF THE GEAR. THIS INCLUDES BUT IS NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY. UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES IS LIMITED TO THE AMOUNT OF TOTAL FEES PAID FOR THE USE OF RENTAL GEAR. MTN GEAR DISCLAIMS ALL LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES.

GOVERNING LAW

This Limitation of Liability Policy and all other agreements between the parties shall be construed under the laws of the State of Washington.

ENTIRE AGREEMENT

This Limitation of Liability Policy and the Rental Guidelines embody the entire agreement and understanding between the parties on the subjects addressed herein and supersedes all prior discussions, agreements, or understandings between the parties, whether express or implied. Both parties agree that no promise or representation regarding the subjects addressed herein has been made by either party other than those expressly set forth herein. By renting equipment from MTN Gear you agree that the terms contained in this document govern, in all respects, the relationship between you and MTN Gear.

HANDLING DISPUTES

In the event of a dispute arising out of this Limitation of Liability Policy or the Rental Guidelines, both parties agree to attempt to resolve any dispute by negotiation in good faith. However, if the parties are unable to resolve any dispute by negotiation, a lawsuit may be commenced in a court of law only in King County, State of Washington.

Both parties agree to waive any objection to personal jurisdiction or venue, and any right to a trial before a jury, in any proceeding in these courts. The prevailing party in any dispute is entitled to all costs and expenses, including but not limited to, reasonable attorney fees and court costs, for the collection and/or enforcement of any obligation under this Limitation of Liability Policy or the Rental Guidelines, whether or not a lawsuit or arbitration is commenced.