EQUIPMENT RENTAL AGREEMENT
This Equipment Rental Agreement (Agreement) is entered on the date that the Renter signs this Agreement (Effective Date) into by and between Packless Camping LLC, a California limited liability company (Company), and the undersigned renter (Renter). Company and Renter are each a Party and collectively the Parties.
Definitions
1.1 Equipment means the camping equipment identified in the applicable Order Details (as defined below), including all accessories, parts, and cases provided by Company.
1.2 Rental Period means the period beginning on the Start Date and ending on the End Date, as set forth in the Order Details.
1.3 Order Details means the written or electronic confirmation issued by Company and accepted by Renter that specifies the Equipment, quantities, rates, Security Deposit amount, Start Date, End Date, pickup/return locations, and any other transaction-specific terms.
Rental; Order Details
2.1 Rental. Subject to the terms of this Agreement, Company rents to Renter, and Renter rents from Company, the Equipment for the Rental Period solely for personal, lawful camping and related recreational use.
2.2 Acceptance of Order Details. Each rental transaction will be governed by this Agreement and the corresponding Order Details, which are incorporated by reference. In the event of a conflict, the Order Details control only with respect to pricing, dates, quantities, and locations; this Agreement controls for all other terms.
2.3 Condition at Delivery. Unless otherwise noted in the Order Details at pickup or delivery, the Equipment will be deemed delivered in clean, good working order and in the quantity listed.
Term; Rental Period; Extensions
3.1 Term. This Agreement becomes effective on the Effective Date and continues until all Equipment is returned and all obligations hereunder are satisfied.
3.2 Rental Period. Renter shall take custody of the Equipment on the Start Date and shall return the Equipment on or before the End Date at the location and by the time specified in the Order Details.
3.3 Extensions. Any extension of the Rental Period requires Company’s prior written consent. If approved, additional rental charges will accrue at the then-applicable daily rate for each day or partial day of extension, plus any applicable fees and taxes.
Payment; Security Deposit; Taxes and Fees
4.1 Charges. Renter shall pay the rental charges set forth in the Order Details, plus applicable taxes and fees.
4.2 Security Deposit. Renter shall provide a refundable security deposit in the amount specified in the Order Details (Security Deposit) prior to taking possession. Subject to Section 8 and Section 10, Company will initiate return of any remaining Security Deposit within 48 hours after the Equipment is returned and checked in following completion of Renter’s camping and the Rental Period, less any permitted deductions for unpaid charges, damage, loss, cleaning, late returns, missing items, or other amounts due under this Agreement. The method of refund will be the same as the method of payment unless otherwise required by Company’s payment processor or applicable law.
4.3 Deductions; Accounting. If Company deducts any amounts from the Security Deposit, Company will provide a summary statement identifying the basis for the deduction and reasonable supporting detail. If deductions exceed the Security Deposit, Renter remains liable for the deficiency, which will be due upon invoice.
4.4 Taxes and Fees. Renter is responsible for all applicable sales, use, excise, and similar taxes, and any permit or access fees associated with the rental, excluding taxes based on Company’s net income.
Title; No Sale; No Encumbrances
5.1 Title and Ownership. The Equipment is and shall remain the personal property of Company. No right, title, or interest passes to Renter other than the right to possess and use the Equipment during the Rental Period in accordance with this Agreement.
5.2 No Liens. Renter shall not pledge, encumber, sublease, assign, or permit any lien or security interest on the Equipment.
Use; Operation; Prohibited Uses
6.1 Permitted Use. Renter shall use the Equipment in a safe, careful, and proper manner and only for its intended camping and outdoor recreational purposes.
6.2 Compliance. Renter shall comply with all instructions, manuals, warnings, laws, ordinances, and regulations applicable to the possession, use, transport, and return of the Equipment.
6.3 Prohibited Uses. Without limiting the foregoing, Renter shall not: (a) use the Equipment for any illegal purpose; (b) modify, alter, or repair the Equipment; (c) use the Equipment in a manner inconsistent with manufacturer guidelines; (d) expose the Equipment to excessive heat, open flame (except as intended for outdoor cookware), corrosive substances, or submersion in water unless the Equipment is designed for such use; (e) overload tents, stoves, or other Equipment beyond rated capacity; or (f) allow anyone other than Renter or Renter’s authorized party members to use the Equipment.
Renter Responsibilities; Maintenance and Care
7.1 Care and Maintenance. Renter shall keep the Equipment clean, dry when stored, and protected from damage, loss, and theft. Ordinary cleaning and wear from normal, intended use is anticipated; however, Renter shall not abuse or neglect the Equipment.
7.2 Inspections. Renter shall inspect the Equipment upon receipt and promptly notify Company in writing of any visible damage or missing items before first use. Continued use after discovery of a defect or damage is prohibited.
7.3 Repairs. Renter shall not perform or authorize repairs without Company’s prior written consent. If the Equipment becomes unsafe or in disrepair through no fault of Renter, Renter shall cease use and notify Company promptly for instructions.
7.4 Loss or Theft. Renter bears the risk of loss, theft, or destruction of the Equipment from the time of pickup/delivery until return and check-in, except to the extent caused by Company’s gross negligence or willful misconduct.
Return Conditions; Late Returns; Cleaning; Damage; Missing Items
8.1 Return Condition. Renter shall return all Equipment on or before the End Date, to the designated location, in substantially the same condition as received, ordinary wear from normal, intended use excepted, and with all accessories and cases.
8.2 Check-In; Counts. Company’s check-in count and condition assessment performed reasonably and in good faith will control for purposes of determining missing items and damage.
8.3 Late Returns. If Renter fails to return the Equipment by the End Date and time, late fees will accrue at $100 per day or partial day until returned, plus any additional costs incurred by Company due to the late return.
8.4 Excessive Soiling; Odors. Excessive dirt, odors (including smoke), stains, or moisture requiring special cleaning will incur a cleaning fee of $50.
8.5 Damage; Repair or Replacement. Renter is responsible for the cost to repair damage beyond ordinary wear or to replace lost, stolen, or irreparably damaged Equipment at the then-current replacement cost. Company will apply the Security Deposit first and invoice any balance due.
8.6 Abandonment. Failure to return the Equipment and failure to respond to Company’s written notice within five days may be deemed abandonment, without limiting Company’s other remedies.
Risk Allocation; Assumption of Risk; Indemnification
9.1 Assumption of Risk. Camping and outdoor activities involve inherent risks, including injury, illness, property damage, and exposure to environmental conditions. Renter voluntarily assumes all risks arising from the use, transport, and possession of the Equipment, except to the extent caused by Company’s gross negligence or willful misconduct, as further set out in the Release and Waiver Agreement.
9.2 Limitation of Liability. To the maximum extent permitted by law, Company will not be liable for indirect, incidental, special, exemplary, or consequential damages, loss of use, lost profits, or loss of goodwill arising out of or relating to this Agreement or the Equipment, even if advised of the possibility of such damages. Company’s total liability arising out of or relating to this Agreement or the Equipment shall not exceed the total rental charges actually paid by Renter for the applicable Rental Period, except to the extent caused by Company’s gross negligence or willful misconduct.
9.3 Indemnification. Renter shall defend, indemnify, and hold harmless Company and its members, managers, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Renter’s or any authorized user’s possession, transport, use, misuse, or failure to return the Equipment, or breach of this Agreement, except to the extent caused by Company’s gross negligence or willful misconduct.
Warranties; Disclaimer
10.1 Limited Warranty of Possessory Right. Company warrants that it has the right to rent the Equipment to Renter and that the Equipment will be provided in clean, good working order at the time of pickup or delivery, subject to ordinary wear.
10.2 Disclaimer. Except as expressly provided in Section 10.1, the Equipment is provided as is and as available, without any other warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, to the fullest extent permitted by law.
Default; Remedies
11.1 Events of Default. An Event of Default includes: (a) Renter’s failure to pay any amount when due; (b) Renter’s breach of any covenant or obligation under this Agreement; (c) Renter’s failure to return the Equipment when due; or (d) Renter’s insolvency or assignment for the benefit of creditors.
11.2 Remedies. Upon an Event of Default, Company may, in addition to all other remedies available at law or in equity: (a) terminate the Rental Period; (b) recover possession of the Equipment without prior notice or legal process to the extent permitted by law; (c) invoice and collect all amounts due, including replacement or repair costs; and (d) retain and apply the Security Deposit.
Inspection; Recovery
13.1 Inspection. Company may reasonably inspect the Equipment at any time upon notice to Renter during the Rental Period where feasible.
13.2 Recovery. If the Equipment is not returned when due, Renter authorizes Company to enter the premises where the Equipment is located for the limited purpose of recovering the Equipment, to the extent permitted by law and without breach of the peace.
Governing Law; Venue
14.1 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
14.2 Venue. The Parties consent to the exclusive jurisdiction and venue of the state courts located in Los Angeles County, California, for any dispute arising out of or relating to this Agreement or the Equipment.
Notices
15.1 Method. All notices shall be in writing and deemed given when delivered personally, sent by nationally recognized overnight courier, or emailed with confirmation, to the addresses set forth below or as otherwise designated in writing.
15.2 Company Notices.
Packless Camping LLC
1501 Lincoln Boulevard #1066, Venice, CA 90291
Email: info@packlesscamping.com.
15.3 Renter Notices. To the contact information provided by Renter in the Order Details.
Miscellaneous
16.1 Entire Agreement. This Agreement, together with the Order Details, constitutes the entire agreement between the Parties regarding the subject matter and supersedes all prior or contemporaneous understandings.
16.2 Amendments; Waivers. No amendment or waiver is effective unless in writing and signed by the Party against whom it is asserted. No failure or delay in exercising any right operates as a waiver.
16.3 Assignment. Renter may not assign this Agreement without Company’s prior written consent. Company may assign this Agreement to an affiliate or in connection with a merger, sale, or reorganization.
16.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be deemed modified to the minimum extent necessary to be enforceable.
16.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts and by electronic signatures or accepted electronically, each of which shall be deemed an original and together constitute one instrument.
Renter Acknowledgments
17.1 Orientation; Instructions. Renter acknowledges receipt of basic operating and safety instructions for the Equipment, or the opportunity to receive such instructions.
17.2 Photographic Evidence. Company may photograph Equipment at check-out and check-in for condition documentation.
Authorization; Payment Card
18.1 Authorization. Renter authorizes Company to charge the payment method on file for rental charges, taxes, authorized add-ons, late fees, cleaning fees, damage, loss, and any other amounts due under this Agreement.
18.2 Holds. Renter acknowledges that a hold in the amount of the Security Deposit and estimated charges may be placed on Renter’s payment card.
Signatures. By signing below or accepting electronically, the Parties agree to be bound by this Agreement and the Order Details.