Terms of Service
Effective Date: December 13, 2019
These Terms of Service constitute a legally binding agreement between you and Catchbright, LLC, doing business as Last Minute Gear, governing your use of services provisioned by Last Minute Gear ("LMG"), whether online (via lastmingear.com or lastminutegear.com, the "Site"), in-person, or by phone. The use of the term "we" incorporates anyone working on LMG's behalf, including its owners, employees, managers, agents, contractors, attorneys, and volunteers.
By 1) checking the box "I agree to the Terms of Service" in initiating an Order, or 2) accessing and using any part of the Site, or 3) sending an email confirming that you agree to the Terms of Service, you agree to be bound by these Terms of Service.
Internet technology, and the applicable laws, rules and regulations change frequently. LMG reserves the right to make changes to these Terms of Service at any time. Continued access and/or use of the Site in any manner constitutes assent to any new Terms of Service provisions that may be posted on the Site.
LMG allows customers to buy, rent, or borrow outdoor gear. Additional services include but are not limited to delivery, pickup, setup, takedown of gear, and repair services. We can be reached at [email protected] or +1-415-813-1881; we recommend calling or texting for emergencies.
Use of LMG is limited to individuals who are 18 years of age or older. In initiating an Order with LMG, you represent and warrant that you are at least 18 years old and that all information you submit is accurate and truthful.
Users do not need an account to access LMG at this time.
- Anyone who accesses the Site for any purpose whatsoever.
- Customer (also referred to as "You"):
- A User who uses any of LMG's services, as described in Section 1.
- Staffed hours:
- When LMG's physical store is attended by LMG staff. The most updated hours can be found on the Site
- Unstaffed Hours:
- Any other time outside of Staffed Hours, when LMG's physical store is not attended by LMG staff, but services may still be provided through LMG's automated systems
- Get Option or Return Option:
Customer-selected option to Get or Return Item(s):
- Customer comes to LMG's store himself or herself
- LMG sends a courier (e.g., Uber) with the address/instructions as provided by the Customer, at any time within the Time Window specified by the Customer (e.g., if the Time Window is 1pm - 5pm, the courier should be able to come at any time after 1pm and before 5pm, with or without advanced notice to the Customer)
- LMG ships (e.g., USPS, UPS, FedEx) with the address and desired shipping option as provided by the Customer (e.g., how many days to ship). For Get Shipping Option, there is a special Ship Date, defined as the day on which Customer selects for LMG to send the Items, in order for the Customer to receive the Item(s) when they would like, and effectively the date the Customer will use as the start date for the order. LMG will always get tracking & insurance for Get Shipping Option. For Return Shipping Option, LMG will always recommend Customer get tracking & insurance, and will provide the amount of insurance the Customer should get, however it is the Customer's decision to do this or not. If a Customer declines tracking and/or insurance, they are still responsible for the return of Item(s) in re-usable condition
- Time Window for Get or Return Option (also referred to as "Time Window"):
- Window of time Customer selects to Get or Return Item(s) by DIY or Courier. May be defined as Staffed Hours, or a custom time range spanning Staffed and/or Unstaffed Hours. NOTE: Get or Return Shipping Options do not have a Time Window, as the number of days to ship is a shipping option defined by the Customer himself or herself (see section on shipping above and below)
- The physical item that is part of an Order, may be a Borrowed Item, Rented Item, or Purchased Item. Customers will receive Purchased Items in new or re-sellable condition; these items were purchased by LMG originally in new condition, not secondhand. LMG exceptionally sells a limited quantity of Purchased Items in used condition. Customers will receive Rented Items in used condition as these items have been rented to other Customers; these Items were purchased by LMG originally in new condition, not secondhand. Customers will receive Borrowed Items in used condition; these Items were received by LMG either in as-is condition as donated by community members or were previously a Rented Item that LMG no longer wishes to rent.
- The entirety of an Order, entered on the Site or with a LMG staff member, consisting of Item(s), selected Get and/or Return Options with Time Windows where applicable, and payment and/or contact information
5. Detailed overview of the Transaction Process
A) Making & confirming an Order
Orders are made as described in Section 4. LMG will send an immediate order confirmation to confirm that payment has been processed (if you did not receive this, please contact us ASAP)
- Payment Authorization
- For all Orders, Customer authorizes LMG to process all fees for services and Items selected by him/her during the checkout process. For any in-kind transactions requested by Customer, such transactions shall be subject to a separate written agreement between the parties.
- Generally required on a per-item basis for 1) any Rented Item(s) where rental period is longer than standard, or 2) any Borrowed Item(s) over any period. We always reserve the right to charge a discretionary deposit for what we perceive as high risk situations (e.g., certain events, or instances where gear may not be returned). Deposits shall be fully refunded if Items are returned in the same order and condition in which they were received, in accordance with these Terms of Service (please note, we will refund deposits for an order all at once, once all Items are either returned or declared as lost). If Customer incurs additional fees, such as repair, replacement, restoration, or re-pickup fee, etc., LMG may deduct up to the full amount of the deposit to cover these fees. If the deposit is not enough to cover the additional fees, Customer shall be responsible for the remainder of costs incurred to repair, restore, or replace damaged Item(s). If deposit is paid in cash, Renter must also have a valid Venmo or Paypal account for deposit return. For any deposit paid by Venmo, Paypal, or other digital platforms, please do so in a way that does not incur additional transaction fees; any transaction fees shall not be returned.
- Use of Gift Certificates, Vouchers, & Referral Credit for rentals.
- When you receive a redemption code to rent outdoor gear, our site will automatically calculate the discount. Any amounts not deducted are therefore not covered. Typically, deposits, Reservation Fees, delivery/pick-up fees, Water Guard, Damage Guard or any other add-ons are not covered. As well, during and after your Order, any late fees, rental extension fees, maintenance fees (e.g., drying, repair, replacement, cleaning) will not be covered. Gear must be returned by the date indicated on your certificate. While there are no pre-defined "blackout" dates, this is subject to general availability, so we always recommend booking in advance. Any rental amounts made with a discount code and cancelled in a way such that we would not have been able to offer a refund if it were paid, see the section below (e.g., last minute cancellations) will not be re-credited via a new discount code, i.e., will be forfeit. Discount codes cannot be combined for use on the same trip as defined by use for the same trip dates by the same customer.
B) Cancellation Policy for Rental Item(s)
- Customers shall be entitled to a full refund of any payments received for Item(s) canceled 24 hours or more in advance of the start of the Time Window. Item(s) cancelled less than or equal to 24 hours in advance of the start of the Time Window shall not be refunded
- For any Item(s) with Get Shipping Option selected, Customers shall be entitled to a full refund of any payments received for Item(s) canceled 24 hours or more in advance of 12:00AM on the Start Date. Item(s) cancelled less than or equal to 24 hours in advance of 12:00AM on the Start Date Time Window shall not be refunded
- In certain cases, a longer cancellation policy may be required by LMG (e.g., for large group orders, holiday weekends, etc.). LMG will define these special circumstances in writing to the Customer no later than 24 hours after the Order has been made
- In all cases above, the Order reservation fee, defined when order is first placed, is nonrefundable
- LMG reserves the right to refuse service and cancel the Order for any reason at any point in the process up until the Customer has received his or her Item(s), although we do our best to notify the Customer promptly. These reasons are usually due to emergencies (e.g., Item is stolen or cannot be returned by a previous Customer due to an emergency on their end) or where, upon in-person inspection, Customer has entered a specification that cannot be met upon in-person inspection, e.g., hiring a "blue" tent). Where LMG needs to cancel, we will provide a full-refund for the cost of the Item(s) cancelled. The Order reservation fee may also be refunded at our discretion.
C) Changing an Order
- If a Customer decides to modify the product specifications of any Item(s) in an Order before the Item(s) have been received (e.g., they wants to specify renting a 2-person tent that's blue), change the Time Window, change from DIY to Courier, etc.), LMG will make every attempt to honor the changes. If we cannot accommodate the change(s), we will notify the Customer promptly. If the Customer then decides to cancel all or part of Order, Item(s) will be treated in accordance with the policies in Section 5B
- Changes that result in additional charges will be quoted either online, in-writing, or by phone. Charges may be paid for either via Customer's existing card or other methods negotiated at time of change
- All changes (e.g., addiitonal Item(s) or Courier or Shipping services will be subject to the same terms and conditions of these Terms of Service).
D) Selecting Item(s)
- Get DIY during Staffed Hours:
- Beacuse we don't want hiring camping gear, snowsports apparel, or climbing gear to feel any less than a shopping experience, You have the option to select specific Rental Item(s) yourself, rather than have us pack it up for you
- Get DIY during Unstaffed Hours OR Get Courier/Shipping:
- Where possible, we attempt to provide a variety in 2 ways: 1) by allowing Customers to specify product specifications during the order process, 2) for clothing, preparing +/- 1 size from what was ordered (this may be subject to an extra fee, e.g., we may send a second courier to retrieve unwanted sizes). Where variety was provided, if Customer keeps extra Item(s), those Item(s) kept will be charged at the same rate as they would have been if they were part of a regular transaction
E) Getting & Returning Item(s)
- Get DIY during Unstaffed Hours:
Customers must have a smartphone to use self-service. During Unstaffed Hours, Customers are responsible for any and all loss or damage caused to premises and/or LMG's business-related property, equipment, and merchandise arising from or relating to access to the premises by Customer and/or their agents, including, but not limited to loss or damaged caused by third parties as a result of the failure of the Customer and/or their agents to keep premises secure. Given that, we advise Customers to follow these security protocols:
- Not share smartphone key or locker information with anyone else
- Notify LMG of any damages to premises promptly
- Ensure door to premises is locked and closed upon departure
- Request help only by contacting LMG, not anyone else near the premises
- Get or Return Courier:
- Exchanges of Item(s) must be facilitated in person. LMG cannot leave Item(s) or pick them up from non-manned locations (e.g., backyards, doorways, lobbies, etc.). Any instructions by the Customer that violates this rule must be modified, or else the Item(s) may be cancelled in accordance with Section B
- LMG generally will notify Customer in advance of the courier's departure toward or arrival to the designated address. However, we may or may not wait for a Customer's response before sending the courier, in order to meet our obligations to stay within the Customer's Time Window (e.g., if a Time Window is 1-2pm, and we've reached out but haven't heard back by 1:30pm, we may have to send a courier in order to make the 2pm deadline)
- If couriers are not able to deliver or pickup Item(s) within 10 minutes of their arrival following Customer's specified address/instructions during the Time Window, it is the Customer's responsibility to either schedule another courier service at an additional fee (subject to LMG's availability), or pickup or return Item(s) themselves. Customer's responsibility in this case extends to following these Terms of Service with respect to cancellation of Item(s) not received, and late fees of Item(s) not returned. For example, if Customer requests Get Delivery with a Time Window of 3-5pm, LMG's courier arrives at 3:30pm and leaves at 3:40pm without delivering anything, and the Customer and LMG are unable to coordinate another time for either the Customer to pickup him/herself or for another courier to be sent by 5pm (whether due to Customer's schedule or LMG's obligations), this Order may have to be cancelled in accordance with Section 5.b.
- Given the above, we suggest building in adequate time buffers (e.g., if Customer selected Get Courier Option with a Window from 1-4pm, and the courier arrives at 3:50pm, Customer should still have time to do a thorough inspection, if they so chooses; if Customer wants to Return DIY,theyshould consider traffic when selecting between Staffed Hours or Unstaffed Hours; if a Customer wants to Get Shipping and needs items in the next 3 days,theyshould select a 2-day shipping option)
F) Inspecting Items upon receipt
We encourage the Customer to inspect all Item(s) upon receipt, especially Borrowed Items with are community-donated. Once the Customer leaves the store with the Item(s) (for Get DIY), or 3 hours have elapsed sincetheyhas received the items (for Get Courier), or 1 day has elapsed since the item shows delivered (for Get Shipping), Customer assumes responsibility of the Item(s) in accordance with the sections below
- What happens if there's damage:
- If Item(s) are damaged to the extent that they are unusable, LMG will first try to find replacement Item(s) and negotiate a new Get Option to provision the replacement to the Customer. If a replacement cannot be found, LMG will cancel the Item(s) and refund the amount paid for the canceled Item(s), in which case the Item must also be returned to LMG; or
- If Rented Item(s) are damaged but still usable, the Customer has a choice:theymay use the Item(s) with the understanding that LMG will not charge fees to repair the damage that was demonstrated and documented (does not extend to any non-demonstrated and non-documented damages, which will be assumed to be new and dealt with in accordance with Section 8), ortheymay choose to receive replacement Item(s) in the same manner as describe in the previous bullet
- Note: If Customer decides that Item(s) are no longer needed for reasons unrelated to the condition of the Item(s), any cancellations of Item(s)will be treated as a cancellation with less than 24 hours notice in accordance with Section 5.b.
- How to prove damage:
- For Get DIY during Staffed Hours, damage must be demonstrated to the LMG sales staff present at the store. NOTE: During Unstaffed Hours, even if LMG staff is present, they may not be qualified to assess damage
- For all other situations, Customer must provide photographic documentation of damages. Please note, couriers may or may not work for LMG, do not ask couriers any questions about the Item(s) including showing them damages
G) Using the Items (Damage & Loss policy for Rented or Borrowed Items)
Customer shall keep all Item(s) rented or borrowed in the order and condition in which they were accepted and shall return them (and their accessories, such as carrying cases) in the same order and condition, save for reasonable wear and tear. Accessory items used to power the Item(s) rented, such as batteries or gas canisters, should be returned even if drained of power. Items should be returned dry, if items are returned wet, there may be up to a $30 per item drying fee (outdoors equipment can become damaged or even unusable if stored wet for prolonged periods of time). Customer should not attempt to clean (short of basic brushing, wiping, dusting, ory drying), repair, or replace Item(s) or parts to avoid further accidental damage and/or repairs/replacements that are not acceptable and have to be billed by LMG anyway. For the convenience of our customers, LMG offers 2 add-ons that can offset the cost of some damages. These add-ons must be purchased when the Order is made.
- Water Guard
- Charged $10 per rental tent or rental shade structure. When Water Guard is purchased, tents or shade structures will not incur an additional drying fee. However, it is NOT the same as Damage Guard or any other kind of damage insurance or a prepaid waiver of costs that may be incurred for tents or shade structures returned with damages, including damages arising from existing water damage. For example, if you're hiring a tent for 2 months to do a week of camping in the middle, that means you'll be storing the tent for several weeks before returning. If you stored it wet and it gets returned with water damage, we may have to charge you for damages regardless of your Water Guard purchase. Water Guard doesn't apply to any Item that is not a tent or shade structure (generally other items are not as susceptible to water damage; any issues relating to water damage for other items can be covered under the Damage Guard policy below)
- Damage Guard
- Charged on the basis of the entire order and covers all Items in the order. When Damage Guard is purchased, minor damages and minor parts lost will not incur an additional fee. However, we will still charge for Items or significant parts of Items that are lost or damages so severe that it necessitates a replacement (including if repair cost is greater than replacement cost), and we will still charge for drying fees, where applicable (i.e., Damage Guard is not a substitute for Water Guard). A non-exhaustive, sample list of severe damage examples that may necessitate an additional charge: damage to zipper tracks beyond just a slider replacement (e.g., teeth and/or track fundamentally ripped off or missing), cracked goggle lens, broken tent/shade structure/chair/table poles, cracked coolers, cracked pots or pans, punctures in inflatable items, Burning Man dust. If additional damages need to be assessed, then the following section applies, with the only difference being that the amount paid for Damage Guard can be used as a further credit toward assessed fees.
To the extent that damages or losses are incurred by Customer during their possession of Item(s), they should notify LMG when Item(s) are picked up or returned. Regardless, LMG will calculate reasonable repair or replacement costs. Generally LMG notifies Customer of costs that are substantial (usually above $50), and always in instances where Damage Guard was acquired but there are abnormal costs above & beyond what could be covered. LMG reserves the right to charge for damages (including issues with wet tents) with or without notice to Customer and for all amounts as allowable under these terms.
Product ID Tags. Rented or Borrowed Items may have a Product ID tag with a numeric ID. If you receive an item without this or if it falls off, let us know ASAP. The ID tags keep track of which Customer used which Item, and if it falls off, we may not be able to accurately determine who was responsible for repairs or replacement fees. In this case, all parties who rented the same brand/ model Item and returned it without an ID tag may be responsible for additional fees (E.g., if Pat & Kris both rented gloves, both removed the Product ID tag, and one of them did not return the gloves, we have to reach out to both Pat & Kris for the replacement. If neither believes they did it, we would have to split the repair cost evenly to both Pat & Kris).
H) Late returns for Rented or Borrowed Item(s)
Any Item(s) not returned when due may be subject to a $10 per-item per-day fine. The due date is effectively the End Date selected by the Customer when the order is placed. Please note, if Customer has elected to ship products back to LMG, it is the Customer's responsibility to both select an End Date & then choose a shipping method that allows us to have received the Item(s) by the end date. Further any Item(s) not returned within 3 days may be defined as a loss and Customer may be directly charged or billed for a full replacement cost. If after being charged for a replacement, item is then returned by Customer, LMG reserves the right to keep a portion of charged amount to cover, for example, late fees. LMG aims to be understanding of special circumstances, but this policy is in place to ensure all of our customers are able to use our gear.
I) Personal effects accidentally returned
LMG shall not be responsible for loss or damage to personal effects left behind by Customers. LMG will make a reasonable effort to return any Items that LMG determines, in its sole and absolute discretion, to be of value to Customers.
J) Return policy for Purchased Item(s)
Purchased Item(s) not used (e.g., worn or open), in their original, saleable condition with all original tags attached are accepted for returns up to 30 days after the purchase date. Refunds will be applied to the original form of payment, minus any applicable fees (e.g., for Return Shipping or Return Courier option). Exception applies for any weight bearing equipment, namely climbing gear, including Ropes, Harnesses, Carabiners, and Belay Devices; or any used items sold as part of any used gear sale. These items are not returnable once picked up from the shop, please try on and ensure satisfaction before leaving
6. Special Promotions
LMG offers various promotional programs that result in discount or other such offers for its Customers.
- Referral Program
Customers hiring outdoor gear, also known as Referring Renter, may receive a rebate for referring new Customer(s) hiring outdoor gear, also known as Referred Renter[s], subject to the following rules and restrictions:
- Referred Renter(s) must be a new Customer who has not previously made an Order of any kind with LMG to buy, rent, or borrow gear
- Both Referring & Referred Renters must not have applied any other discounts on their Orders
- Referred Renter(s) must have made an Order for a different trip than the last trip for which the Referring Renter had made an Order (i.e., the trip dates can't overlap). For example, if the Referring Renter's last Order was from January 5th through January 10th, Referred Renter's Order must have started after January 10th in Order to count toward a rebate for the Referring Renter (this is to prevent a situation where one person wants to rent gloves and goggles, but to get a discount, they decide to rent the gloves and uses the referral link to find a second friend to rent the goggles on their behalf)
- Referred Renter(s) must make the Order through LMG's website using the designated link provided by LMG to the Referring Renter
- If a Referred Renter cancels an Order, that Order does not qualify for a rebate to the Referring Renter. Similarly if a Referring Renter has cancelled their Order with no more monies to be refunded, then they will not be able to receive a rebate
- For each qualified Referred Renter, Referring Renter will receive a $20 rebate
- $20 rebates will be credited directly back to card purchases. For cash purchases, Referring Renter may choose to receive a rebate via a Venmo, Paypal transfer or check by mail
- Rebates may only be applied against the rental amount for standard (not discounted) Rental Items, excluding reservation fee(s), Water Guard, Damage Guard, fee(s) for delivery or pick up services, fee(s) for maintenance or repair services, or deposits. For example, if you paid $76 upon placing an Order for an outdoor gear rental of $30 in standard gear, a delivery of $20, and a $1 reservation fee, and you have earned rebates for 3 Referred Renters, your maximum rebate will be $30
- Given the extended time period during which Referring Renter could receive rebates, rebates will be processed at the end of each quarter (end of March, June, September, December)
- LMG reserves the right, in its sole and absolute discretion, to disqualify attempts to unfairly earn rebates (e.g., creating fake emails or phone numbers, spreading outdoor gear rentals out across multiple individuals in one trip)
- Gift Certificates & Vouchers
LMG may issue Gift Certificates as defined by Face Value (Customer pays an amount & receives a Gift Certificate for future use in at least that amount) and Vouchers as defined by Promotional Value (which may refer to either A) the amount on a Gift Certificate above the Face Value, or B) purely Promotional Value that can be redeemed without upfront purchase). If a Customer fails to cancel in accordance with LMG's Cancellation Policy, and LMG decides to provide store credit as a courtesy, that credit is considered a Voucher, since due to Customer's failure to cancel in accordance with policy, the original paid amount (Face Value) is considered forfeit, and a new Voucher (purely Promotional Value) is generated. Vouchers may or may not have a specified amount (e.g., may be for $100, or for a specific rental package). Use of Gift Certificates & Vouchers are subject to the following terms:
- Face Value for Gift Certificates never expire; however Promotional Value (e.g., Vouchers) will have an expiration date
- Gift Certificates & Vouchers will specify for use to Buy or Rent gear
- Face Value under $10 may be redeemed for cash at Customer's request. Promotional Value (e.g., Vouchers) can never be redeemed for cash
- At this time LMG never charges a service fee or dormancy fee for unused Gift Certificates
- Based on California law, neither Gift Certificates nor Vouchers escheat
- All Gift Certificates & Vouchers are sent by email, therefore email is required. If you are purchasing a Gift Certificate by credit card, we will additionally require your name & billing address but these will not be stored & are only used for credit card verification purposes
- Rental Savings Guarantee
Over a 4 year period, if a customer has hired a given type of Rental Item (aka Distinct Item Type) enough times such that the Total Rental Price Paid Across Orders (aka Accumulated Amount) for that Distinct Item Type exceeds its Retail Value (as displayed on LMG's online catalog) LMG will offer to give to the customer a used rental inventory item that is of that Distinct Item Type (aka Gift Item). This program is subject to the following terms:
- This program is only valid for Rental Items with a Retail Value of at least $20
- Accumulated Amount is tracked for orders with the same email address. If a customer uses multiple email addresses, this will negatively affect how Accumulated Amount is tracked
- Accumulated Amount refers only to monies paid for rental, not for reservation fees, late fees, maintenance fees, deposits, Water Guard, Damage Guard, etc. Any refunds on rentals are deducted from Accumulated Amount
- Accumulated Amount is only inclusive of monies paid for rental that have not been discounted (e.g., full suggested amount paid)
- Accumulated Amount is only inclusive of monies paid for rentals that last less than 4 weeks (e.g., not season leases)
- Accumulated Amount is nominally deducted from to help LMG cover operational expenses, as well. Each item is deducted $1 per rental. For example, if you ordered a sleeping bag twice at $20/each, the Accumulated Amount is $18.
- Accumulated Amount is calculated only across Orders without overlapping dates. Specifically:
- Accumulated Amount is not calculated within an Order. For example, if a customer makes 3 orders: renting 4 sleeping bags in January for $20/each, renting 2 sleeping bags in February for $20/each, renting 1 sleeping bag in March for $20, at the end of that time period, Accumulated Amount will equal $60 (since in a normal shopping situation, you'd have to buy more than 1 sleeping bag in January and February).
- Accumulated Amount is only for Orders without overlapping dates. In another example, if a customer makes 2 orders: renting 1 sleeping bag for January 1-3 and renting 1 sleeping bag for January 2-4, the Accumulated Amount will equal only the cost of 1 sleeping bag in the first order.
- Distinctive Item Type are defined as individual catalog items on LMG's online catalog, further segmented by size. Both of these concepts replicate a normal shopping situation, where changing size or Distinctive Item Type necessitates a new purchase anyway. Specifically:
- Accumulated Amount cannot be combined across Distinctive Item Types. For example, if Accumulated Amount for "2-person tent (backpacking)" were $200 and Accumulated Amount for "2-person tent (regular)" were $100, and the Retail Value of "2-person tent (regular)" were $300, customer cannot argue that they deserve a free "2-person tent (regular)"; the Accumulated Amount for "2-person tent (regular)" alone must meet or exceed $300
- Further, Accumulated Amount is sensitive to size. For example, if customer rents "Jacket" 3 times for $20/each, once getting a small, once a medium, once a large, they actually have 3 Accumulated Amounts, $20 in each size
- For each Distinctive Item Type, LMG may offer multiple products or brands. Accumulated Amount is agnostic of the product or brand
- Customer shall select Gift Item from a pre-selected option set arranged by LMG. LMG will try to select options that have seen similar levels of rentals to customer's order history. The exact item that the customer has rented in the past may or may not be available, though LMG will try to honor any specific customer requests
- Given the extended time period of this program, LMG will process calculations at the end of each quarter for the previous 4 year period, though customer may request that LMG run the calculation earlier (e.g., if they feel like they've already met the requirements)
- LMG reserves the right, in its sole and absolute discretion, to disqualify attempts to unfairly abuse this program (e.g., renting things for friends to try to earn enough 'credit' for one item, making multiple Orders with overlapping dates)
- This program is not available for group bookings, e.g., corporate events, guided trips (where bookings are made by trip leader as opposed to each individual customer), festivals, etc.
7. Customer's Representations and Warranties
Customer agrees that they is solely responsible for their health and safety and certifies that they has the experience, skill, and ability necessary to use Item(s) rented. Customer agrees that he/ she is responsible for knowing how to properly use the Item(s) and for obtaining necessary instruction as needed.
Customer shall be solely responsible for all Item(s) rented, regardless of whether Customer permits or shares Item(s) with additional persons. Customer understands that there is no insurance coverage provided and they shall be financially responsible for all lost, theft, abnormal wear and tear and cleaning of any Item(s) rented pursuant to these Terms of Service.
8. Assumption of the Risk, Release and Indemnification
a. Acknowledgement of Risks. Hiking, camping, backpacking, skiing, snowboard, snowshoeing, rock climbing, and other activities for which Item(s) may be used are physically strenuous and inherently dangerous activities. Customer understands and acknowledges that there are known and unknown risks that could arise from their use of any Item(s) obtained and their participation in activities for which Item(s) were obtained. These risks can arise not only from the general existence or use of such Item(s), but also from the malfunction of such Item(s), whether through ordinary wear and tear, misuse or other negligence by any user, including prior owners, You, or prior Customers, the negligent acts or omissions of those assisting or instructing on the use of Item(s) or manufacturing defects unknown to LMG. Additional known and unknown risks may also result from any rescue, first aid, emergency treatment or services rendered or failed to be rendered for any injuries incurred. Customer understands and acknowledges that the above examples of risks are not an exhaustive list, given the nature of unknown risks. Customer understands that the known and unknown risks could result in physical or emotional injury, the extent of which could involve, but is not limited to, paralysis, death, illness, disease, or other damage to the Customer or other third parties, and property (whether of the Customer or of other third parties).
b. Acceptance of Risks. Customer expressly agrees and covenants to accept and assume all risks related to the use of any Items. Customer voluntarily elects to use such Item(s) in spite of these risks. Catchbright, LLC is likewise not liable for injuries or damage caused by third persons.
c. General Release. Customer hereby voluntarily releases, forever discharges and covenants not to sue Catchbright, LLC and its representatives, agents, contractors, employees, managers, volunteers, affiliates, attorneys, insurers, lessors, successors, and assigns ("the Released Parties") on behalf of him/herself and their spouse, children, parents, heirs, assigns, personal representatives, and estate from any and all liability, claims, demands, actions or causes of action, damages, suits in equity of whatever kind or nature which are related to, arise out of, or are in any way related to their use of Item(s), including, but not limited to, any claims which allege negligent acts or omissions of the Released Parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "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."
d. Indemnification. Customer further agrees and covenants to defend, indemnify and hold harmless the Released Parties in connection with any liability, actual or alleged claims, demands, actions or causes of action, damages and/or injury to property or persons brought by any third party arising out of (i) the use of any Item(s), including, but not limited to, any claims relating to the negligent acts or omissions of the Released Parties; (ii) a breach of these Terms of Service; or (iii) a breach of the representations and warranties set forth in Section 6. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgment, awards, attorneys’ fees and related costs, expenses, as well as reimbursement to Catchbright, LLC for all legal expenses and costs incurred by it in connection with any such claims or in the enforcement of this Agreement.
9. Prohibited Conduct
In your use of the Site, you may not:
- Write false, inaccurate, misleading, defamatory or harassing content.
- Violate any law, statute, ordinance or regulation.
- Infringe upon any patent, copyright, trademark, trade-secret, right of publicity or other third party rights.
- Engage in any transactions through the Site that would violate any criminal or civil law, statute, ordinance or regulation.
- Impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity.
- Write, or attempt to write, obscene or sexually explicit content.
- Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm LMG or its Users.
- Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with LMG.
- Distribute or post spam, unsolicited or bulk electronic communications to LMG Users.
- Use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever.
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on LMG's infrastructure.
- Interfere or attempt to interfere with the proper working of the Site, its services or tools.
- Bypass LMG's robot exclusion headers or other measures LMG may use to prevent or restrict access to the Site.
10. Content Licenses
By submitting, writing, posting, storing or transmitting any content to LMG or onto a platform managed by LMG (e.g., its Facebook page, Yelp page, Google Business page, or Tripadvisor page), including, but not limited to photographs of Users and/or hired outdoor gear in use, Users grant LMG a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial or otherwise, without compensation or accounting. Users irrevocably waive any claims based on moral rights, if any.
11. Idea Submissions
Non-Proprietary: LMG considers any suggestions, ideas, proposals or other material submitted to it by Users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. LMG shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant LMG, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
13. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, Any claim or controversy with LMG arising out of or relating to these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the competed form to LMG at [email protected].
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: San Francisco, California.
Exception – Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
14. LMG's Intellectual Property
Copyright: LMG owns all materials on the Site including, without limitation, LMG’s logo, design, text, graphics, and other files, and the selection arrangement and organization thereof. You may not use such materials without permission. © 2016 Catchbright, LLC dba LMG. ALL RIGHTS RESERVED.
Trademarks: LMG and its logos are trademarks owned by LMG. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of LMG.
Ownership and Use: LMG will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of your use of the Site or these Terms of Service.
Your Content: LMG will not acquire an ownership interest in the material you post on the Site, but will acquire a non-exclusive license in accordance with Sections 11 and 12.
15. Notice of Claimed Infringement
If you have a good faith belief that your copyright has been infringed, please immediately email LMG at: [email protected].
Without limiting any other remedies, LMG may suspend or terminate its services and Users, restrict or prohibit access or your use of the Site, remove or restrict content, and/or take any technical or legal steps necessary if LMG: (i) suspects a User has breached these Terms of Service; (ii) is unable to verify or authenticate any User information; (iii) believes that a User is acting inconsistently with the letter or spirit of LMG's policies, has engaged in improper or fraudulent activity in connection with LMG or that a User’s actions may cause legal liability or financial loss to LMG's Users or to LMG; (iv) believes a User is infringing on the rights of third parties; (v) a User fails to pay any applicable fees due under these Terms of Service; and/or (vii) if the credit or debit card associated with any applicable fees should be rejected for any reason.
Effect of Termination: If your account is terminated for any reason, you shall remain liable for all debts or processing fees incurred through the date of termination. Following termination, you will not be permitted to use LMG.
Survival: The following Sections survive termination of your account and these Terms of Service: Cancellation Fees, Damage to or Loss of Items, Customer's Representations and Warranties, Assumption of the Risk, Release and Indemnification, Content License, Disclaimers, Exclusions and Limitations, Release, and Individual Arbitration.
17. Disclaimers, Exclusions and Limitations
LMG does not warrant the accuracy, completeness or the reliability of any advice, opinion, statement or other information on the Site. You acknowledge that any reliance on any such advice, opinion, statement or information shall be at your sole risk.
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMG PROVIDES ITS WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. LMG DOES NOT REPRESENT OR WARRANT THAT LMG, ITS PRODUCTS OR SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. LMG MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
ANY THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT LMG PROVIDES ON OR MAKES AVAILABLE ON ITS WEBSITE ARE NOT CONTROLLED BY LMG. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMG MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.
EXCLUSION OF DAMAGES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMG WILL NOT BE LIABLE TO ANY CUSTOMER OF LMG'S SERVICES OR ANY USER OF THE SITE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF LASTMINGEAR.COM, ITS SERVICES, AND/OR THE USE OF ANY OF ITS ITEMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.
Our employees, volunteers or agents are not authorized to vary our Terms of Service. These Terms of Service may only be modified by obtaining written consent signed by a member of Catchbright, LLC.
20. No Agency
You and LMG are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
21. Choice of Law
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of San Francisco, with regard to any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof.
22. No Waiver
No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to LMG at [email protected]. All notices by LMG will be sent to you by email.
25. Complaints - California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.