Coozie Outdoors Rental Agreement
Coozie Outdoors will charge your card for the full cost of the order at checkout. You will receive an email with order confirmation. You may be charged the full retail price for any gear item that is not returned or returned damaged. You may be charged a $50 late fee for gear that is returned beyond your rental period.
DAMAGED OR LOST EQUIPMENT CHARGES
Additional charges will apply for lost or broken items. You will not be charged for items damaged due to normal wear. You will be responsible for the full replacement cost of any items not returned or returned damaged. If an item was not included, you must contact Coozie Outdoors up immediately receiving your gear. All gear in your order must be returned in full together.
LOCAL DELIVERY AND PICK-UP (LOS ANGELES ONLY)
Coozie Outdoors will deliver your gear either the night before the first day of your order or the morning of the first day of your order. Gear will be picked up the evening of the last day of your order.
There must be a designated adult at the delivery address upon delivery. An inability to reach someone within 10 minutes of arriving at the address within the window of time you selected in the delivery and pick-up schedule form will be considered a last minute cancellation in which you will be charged 100% of the full rental cost. You may have an option to retrieve your gear from the Coozie Outdoors warehouse located at 8461 Higuera St. Culver City, 90232. Please contact Coozie Outdoors at firstname.lastname@example.org or 213-534-8852 to schedule a time for pick-up in this case.
If an adult is not home during the scheduled pick-up time and our team is unable to reach anyone within 10 minutes, it is considered a missed pick-up. In the case of a missed pick-up, you are responsible for returning the gear to our warehouse during normal business hours but no later than 12PM the day after your rental period. Coozie Outdoors also has the right to charge you a missed pick up fee of $40.
SHIPPING (CONTINENTAL UNITED STATES ONLY)
All shipping orders must be placed a minimum of seven (7) days in advance of your first rental day. Your order is shipped via FedEx and will arrive by 8PM the night before your first rental day. Note that FedEx does not deliver on Sundays and if your first rental day begins on a Monday, your gear will be delivered by 8PM 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, use the free return label included in your Coozie Outdoors box. Place the return label on the outside of the box that your gear arrived in and drop off at any FedEx location or drop box no later than 12PM 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 FedEx location or drop box by 12PM on Monday.
If your gear is not received at our warehouse within 5 days after your last rental day, you may be charged a late return fee of $50.
WAREHOUSE PICKUP AND DROP OFF (CULVER CITY, CA)
The Coozie Outdoors warehouse is located at 8461 Higuera Ave. Culver City, CA 90232. Warehouse pickup and drop off hours are available between 10AM and 9PM, however, pickup and drop off is by appointment only. Please schedule a time to pickup and drop off your gear by contact a Coozie Outdoors team member at 213-534-8852 or email@example.com. Your order is available for pickup beginning at 6PM the evening before your first rental day. Your order must be returned by 12PM the day after your last rental day.
CANCELLATION AND REFUND POLICY
We understand that sometimes your plans change. If you need to cancel your reservation, contact us by emailing firstname.lastname@example.org at least 14 days prior to your scheduled delivery date or pickup date (if you selected warehouse pickup and drop off) to receive a 100% refund. If you cancel within 7-14 days of your delivery date, you will receive a 50% refund. No refunds are available for cancellations given less than 7 days. 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
You, the person renting Coozie Outdoors Inc. gear, are referred to here as “you” and “your.” Both you and Coozie Outdoors collectively are referred to as “the parties.” Before renting Coozie Gear equipment you must explicitly consent to this Limitation of Liability Policy. Any other persons involved in the activities associated with the use of Coozie Gear equipment 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 the Coozie Gear equipment.
You must be 18 years of age or older to rent Coozie Camping equipment, and you hereby acknowledge that you meet this requirement.
You acknowledge that activities that require the use of gear that Coozie Gear rents is inherently dangerous and poses risks of significant bodily harm or death, or of property damage or theft.
You acknowledge that Coozie Gear is not inducing you to participate in any particular activities or any activities at all.
You acknowledge that Coozie Gear makes no representation that any activity that uses the gear that Coozie Gear rents is safe or appropriate for your particular situation.
You acknowledge that you will read all instructions for all Coozie Gear equipment, and you will also take any other reasonable steps to determine the proper use of any Coozie Gear equipment.
You acknowledge that you will not use any Coozie Gear equipment in any way other than for its intended use.
In any case, you will use your own judgment to determine whether it is safe to use or fail to use any of the equipment in any particular way for any particular situation.
YOU EXPRESSLY ASSUME THE RISK OF ANY HARM THAT MAY ARISE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE USE OF COOZIE GEAR EQUIPMENT, WHICH MAY INCLUDE BUT IS NOT LIMITED TO BODILY INJURY OR DEATH, THEFT, DAMAGE, DESTRUCTION OR OTHER LOSS WHATSOEVER OF PERSONAL BELONGINGS OR VALUABLES OF YOURS OR OTHERS.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS COOZIE GEAR LLC, 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 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 EQUIPMENT, YOUR FAILURE TO USE ANY OF THE EQUIPMENT, OR YOUR ALLOWING OR FAILING TO ALLOW OTHERS TO USE ANY OF THE EQUIPMENT. 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.
Further, you agree to indemnify and hold harmless Coozie Gear LLC, including its officers, agents, employees, managers, directors, independent contractors, affiliates and personnel, and successors and assigns for any claims, liabilities, or demands, including attorney’s fees, arising from any misrepresentations or fraudulent execution of this agreement.
If applicable, you hereby agree to waive California civil code section 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
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 EQUIPMENT. COOZIE GEAR DISCLAIMS ALL LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES.
This Limitation of Liability Policy and all other agreements between the parties shall be construed under the laws of the State of California.
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 have been made by either party other than those expressly set forth herein.
Non Waiver of Terms
No term or condition of this Limitation of Liability Policy or the Rental Guidelines shall be deemed to have been waived, except in writing by the party charged with such waiver. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate for the future only as to the specific term or condition.
Except as provided in this Limitation of Liability Policy, neither party shall be liable for any failure to perform under their obligations to the other when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, strikes, and prolonged shortage of energy.
If, for any reason, any provision or partial provision of this Limitation of Liability Policy or the Rental Guidelines is held invalid, such invalidity shall not affect the remainder of such provision or any other provision not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.
The headings of the sections of this Limitation of Liability Policy and the Rental Guidelines are inserted for convenience of reference only and are not intended to be a part of, or to affect the meaning or interpretation of, these agreements.
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 Los Angeles County, California.
Both parties agree to waive any objection to personal jurisdiction or venue, and any right to a trial before 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.