MOOSEJAW RENTAL ADDENDUM
1.Incorporation of Terms
This Rental Addendum (“Rental Addendum”) provides additional terms and conditions related to the rental of products from Moosejaw (“Rental Products”). This Rental Addendum is in addition to Moosejaw’s Terms and Conditions (“Moosejaw Terms”) (https://www.moosejaw.com/content/terms) and the Moosejaw Terms are hereby incorporated by reference in their entirety. PLEASE READ THESE TERMS CAREFULLY, AS THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOOSEJAW. By submitting a rental request, you agree to be bound by the Moosejaw Terms and this Rental Addendum. In the event of any conflict between this Rental Addendum and the Moosejaw Terms, this Rental Agreement shall control. IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 7 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND MOOSEJAW ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
2. Rental Requests, Rental Period and Charges
All reservations and transactions for Rental Products made through the Moosejaw Site are subject to Moosejaw’s acceptance, which is in our sole discretion. Without limitation, this means that Moosejaw may refuse to accept or may cancel any reservation or transaction for Rental Products, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. When renting products, Moosejaw may place a pre-authorization hold on your credit card before shipping the Rental Products. The amount of the hold will be the value of the Rental Products, which shall be established in Moosejaw’s sole discretion. You will not be entitled to any interest on the pre-authorization hold. You agree that Moosejaw may deduct any amount you owe from the pre-authorization hold on your credit card. The amount of the pre-authorization hold is not a limit of your responsibility or liability for the Rental Products. As part of the rental request process, you will enter the desired rental period for the Rental Products (“Rental Period”). Moosejaw will guarantee delivery of the Rental Products by 9PM local time on the first day of the Rental Period. Moosejaw will authorize your credit card the entire Rental Period upon submission of your rental request. You may extend your Rental Period by contacting Moosejaw directly at (877) 666-7352 at least one day prior to the end of the Rental Period to extend the Rental Period. If your Rental Products are not returned in accordance with Section 4 below, Moosejaw may charge you a late fee for each day that the Rental Products have not been returned after the Rental Period. Such late fee shall be the average daily rental fee for the Rental Products. You may cancel your product rental at any time before the actual start of the Rental Period through the Moosejaw Site or by telephone at (877) 666-7352, but you must give at least nine (9) days’ notice prior to the start of the Rental Period to receive a full refund. If your cancellation request is fewer than nine (9) days’ notice, but greater than seven (7) days prior to the Rental Period, you will receive a refund on the original amount charged for the reservation minus the 3-night minimum rate. Cancellations made within seven (7) days of the Rental Period will not be refunded.
3. Security Deposit
You agree that Moosejaw may charge a deposit (identified as a Security Deposit or otherwise), and that Moosejaw may deduct any outstanding owed amount that you may have from this deposit. The deposit does not limit your liability for the Rental Products. You are not entitled to any interest on the Security Deposit.
4. Shipment of Products
We reserve the right to ship the Rental Products to you through whatever shipping method (UPS, FedEx, freight, or otherwise) we deem appropriate for a given rental. You are responsible for ensuring your Rental Products can be accepted by an adult at delivery or can be received in a secure location. Upon delivery of the Rental Products, you will bear all responsibility for the Rental Products delivered. If any item of the Rental Products are damaged or missing upon delivery, you agree to contact Moosejaw immediately at (877) 666-7352. Failure to contact Moosejaw of such damaged or missing items may result in additional charges per Section 5 below. To return the Rental Products at the end of the Rental Period, you agree to use the return shipping label provided with your Rental Products. You shall ensure that the Rental Products are adequately packaged for return shipment to avoid any damage to the Rental Products during the return shipment to Moosejaw. You must drop off the Rental Products with the designated carrier within 24 hours from the end of the Rental Period or you will be subjected to late return fees. Moosejaw recommends securing a receipt as proof of drop off from the designated carrier. Moosejaw is not liable or responsible for items or other materials included with the returned Rental Products. .
5. Lost or Damaged Rental Products
You agree that from the time of delivery until return of the Rental Products, you are solely responsible for any lost or damage to the Rental Products. You are liable for any damage to the Rental Products beyond normal wear and tear from proper use and Moosejaw will charge your credit card a fee sufficient to repair or replace the damaged item, such fee shall be in Moosejaw’s sole reasonable discretion. If you fail to return one or more of the Rental Products, Moosejaw will charge your credit card (in addition to the Rental Period charges), the estimated value of the lost item, such value shall be in Moosejaw’s sole reasonable discretion. Such charges may also include any applicable sales tax.
6. Waiver, Release, Limitation of Liability and Indemnity
You acknowledge that Moosejaw makes no representation that any activity that any use of the Rental Products is safe or appropriate for your intended use. You agree to read all instructions and warnings and disclaimers included with the Rental Products and to use the Rental Products solely for their intended use. YOU ACKNOWLEDGE AND AGREE TO ASSUME THE RISK OF ANY HARM THAT MAY ARISE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE USE OF RENTAL PRODUCTS, 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. IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 9 OF THE MOOSEJAW TERMS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MOOSEJAW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ACTUAL ATTORNEYS' FEES) RESULTING FROM (I) 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 RENTAL PRODUCTS, (II) YOUR FAILURE TO USE ANY OF THE EQUIPMENT, OR YOUR ALLOWING OR FAILING TO ALLOW OTHERS TO USE ANY OF THE EQUIPMENT IN ACCORDANCE WITH THE INSTRUCTIONS AND WARNINGS; OR (III) YOUR BREACH OF THIS RENTAL ADDENDUM. IN ADDITION TO THE LIMITATION OF LIABILITY UNDER SECTION 12 OF THE MOOSEJAW TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN PROVIDING THE RENTAL PRODUCTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM ANY USE, MISUSE AND/OR RELATED TO THE RENTAL PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOOSEJAW ALSO SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY RENTAL PRODUCTS OR RENTAL TRANSACTIONS. YOU HEREBY ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY STATED IN THIS SECTION SHALL APPLY TO ALL RENTAL PRODUCTS AND RENTAL TRANSACTIONS. UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOOSEJAW'S TOTAL CUMULATIVE LIABILITY UNDER THIS RENTAL ADDENDUM SHALL NOT EXCEED THE AMOUNT OF ANY FEES PAID TO MOOSEJAW FOR THE RENTAL PRODUCTS. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF MOOSEJAW, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
7. Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Your request for rental products from Moosejaw constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Moosejaw will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS RENTAL ADDENDUM OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MOOSEJAW, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT MOOSEJAW AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. .