Rental Agreement

Agreement Overview

This Rental Agreement (the "Agreement") is between [Owner Name] ("Owner") and [Renter Name] and/or [Owner Business Name] ("Renter") for the rental of [Listing Title] (the "Equipment") through the platform operated by Gear Wave LLC, a Washington limited liability company ("Gear Wave"). The Gear Wave Terms of Service and Cancellation & Refund Policy are incorporated by reference. Booking ID: [Booking ID].

PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY, AND AN INDEMNIFICATION OBLIGATION THAT AFFECT YOUR LEGAL RIGHTS.

1. Gear Wave's Role

This Agreement is solely between Owner and Renter. Gear Wave is not a party to it and does not own, inspect, maintain, or deliver the Equipment. Gear Wave provides the platform through which this Agreement is formed, payment processing, and administrative functions such as deposit handling and dispute facilitation. Nothing in this Agreement creates an employment, agency, partnership, joint venture, fiduciary, insurer, guarantor, or escrow relationship between Gear Wave and either party, except that Gear Wave acts as Owner's limited payment collection agent as described below. Bookings are available only in states Gear Wave has designated as live under the Terms of Service.

Owner appoints Gear Wave (and/or its payments partner) as Owner's limited payment collection agent solely to collect amounts paid by Renter for this booking. Renter's payment to Gear Wave is payment to Owner and discharges Renter's payment obligation to the extent paid, whether or not Gear Wave remits the funds to Owner.

Any dispute between Owner and Renter, including any dispute about the Equipment's condition, damage, loss, late return, or either party's performance, is solely between Owner and Renter. Gear Wave may, but is not obligated to, facilitate resolution and may make deposit-capture, refund, and payout determinations as administrator of platform policies under the Terms of Service. In doing so Gear Wave acts in a neutral administrative capacity and not as arbitrator, judge, insurer, escrow agent, or fiduciary of either party. To the fullest extent permitted by law, Owner and Renter each release Gear Wave and its affiliates from any claim arising out of (i) any dispute between Owner and Renter or (ii) any determination Gear Wave makes in good faith under this Section. This release does not apply to Gear Wave's gross negligence or willful misconduct or to liability that cannot be released under applicable law.

Although not a party, Gear Wave is an intended third-party beneficiary of this Agreement and may directly enforce the provisions that protect it, including Sections 1, 8, 9, 10, 14, and 15.

2. Rental Period

The rental period begins [Start Date] and ends [End Date]. Quantity rented: [Quantity] unit(s) of [Listing Title].

3. Payment

Renter agrees to pay [Rental Price] plus applicable taxes, service fees, and deposits through the Gear Wave platform.

4. Security Deposit

A temporary authorization hold of [Deposit Amount] is placed on Renter's payment method when the booking is confirmed. The hold is not a charge; funds are reserved by the card issuer and are not transferred to Owner or Gear Wave unless captured. For rentals longer than the card network's standard authorization window, the hold may be released and re-placed one or more times during the rental period, and Renter authorizes such replacement holds up to the disclosed deposit amount.

If the Equipment is returned on time and undamaged, the hold is released in full within one to seven business days depending on the card issuer. If documented damage, loss, late return, excessive cleaning, or policy violation occurs, Gear Wave may capture all or part of the hold up to the full deposit amount and release the remainder. Capture decisions are based on Owner-submitted evidence and Renter's response within seventy-two (72) hours of Gear Wave's notice to Renter of the claim.

5. Identity Verification

Renter agrees to complete government-ID and selfie verification through Gear Wave's verification provider before the first booking. Verification data is processed and retained by the provider under its own privacy policy; Gear Wave receives only a pass/fail result and a verified-name match. Renter may not transfer accounts, share verified credentials, or rent on behalf of any other person.

6. Equipment Condition

Renter accepts the Equipment in its current condition unless a defect is documented through the platform at the start of the rental. Owner is solely responsible for the condition, maintenance, safety, and legal fitness of the Equipment. Gear Wave does not inspect, test, service, or certify the Equipment and makes no representation about it.

7. Use of Equipment

Renter agrees to use the Equipment safely, lawfully, and only for its intended recreational purpose. Renter must be at least 18 years of age and properly licensed where required by law. No rental is authorized for a minor, and Renter shall not permit any minor to operate the Equipment.

8. Owner-Provided Documents

Owner may, at Owner's sole option, require Renter to sign an additional waiver, release, safety acknowledgment, or rental document supplied by Owner (an "Owner Document"). Any Owner Document is an agreement between Owner and Renter only. Gear Wave does not supply, draft, review, approve, or endorse Owner Documents, makes no representation that any Owner Document is lawful or enforceable, and is not a party to or beneficiary of it. Gear Wave's hosting, display, transmission, or storage of an Owner Document is a technical service only and is not legal advice to either party. No Owner Document may modify this Agreement or the Terms of Service; in the event of conflict, this Agreement and the Terms of Service control as between either party and Gear Wave. Owner is solely responsible for the content, legality, presentation, execution, retention, and enforcement of any Owner Document.

9. ASSUMPTION OF INHERENT RISK

RENTER UNDERSTANDS THAT OUTDOOR RECREATION AND USE OF THE EQUIPMENT INVOLVE INHERENT RISKS that cannot be eliminated regardless of the care taken to avoid them, including bodily injury, illness, drowning, falls, collisions, equipment malfunction, weather hazards, hypothermia, exposure, animal encounters, and DEATH.

RENTER VOLUNTARILY ACCEPTS AND ASSUMES ALL SUCH INHERENT RISKS, both known and unknown, arising out of or related to use of the Equipment. This assumption of risk is a separate and independent provision and survives even if the Release of Liability below is held unenforceable in whole or in part.

10. RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RENTER RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Gear Wave LLC, [Owner Name], and their respective members, managers, officers, directors, employees, contractors, agents, insurers, affiliates, successors, and assigns (the "Released Parties") from any and all liability, claims, demands, actions, and causes of action arising out of or related to any loss, damage, injury, or death sustained by Renter while using the Equipment, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

EXCLUSIONS. This Release does not apply to (a) gross negligence, recklessness, or willful or intentional misconduct of a Released Party; (b) liability that cannot be released as a matter of law; or (c) rights under consumer-protection statutes that cannot be waived.

11. Damage & Loss

Renter is financially responsible for damage, theft, excessive wear, or missing accessories occurring during the rental period, up to the replacement cost of the Equipment.

FUEL. [Fuel policy — for fuel-powered gear the owner sets a return-full rule, a per-gallon refuel rate and a refueling service fee; otherwise not applicable]

12. Late Returns & Late Fees

If the Equipment is not returned by the scheduled return time, a thirty (30) minute grace period applies, during which no late fee is assessed. After the grace period, an hourly late fee accrues at the rate disclosed at checkout (default $15.00 per hour, prorated to the nearest hour) for up to four (4) hours. If the Equipment remains unreturned more than four (4) hours after the scheduled return time, the late fee converts to one full additional rental day at the listing's daily rate, plus applicable platform fees and taxes, in lieu of the accrued hourly fees, and each additional 24-hour period the Equipment remains overdue adds one further rental day. If the Equipment is not returned within twenty-four (24) hours after the scheduled return time, the booking may be treated as a non-return event as described in the Terms of Service. Late fees and non-return charges may be captured from the authorization hold and charged to Renter's payment method on file, with contemporaneous notice to Renter of any amount charged.

13. Prohibited Activities

Renter shall not (a) operate the Equipment while impaired by drugs, alcohol, or any controlled substance; (b) transfer the Equipment to unauthorized users; (c) use the Equipment unlawfully; or (d) modify or tamper with safety features.

14. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against all third-party claims, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) Renter's use, misuse, or possession of the Equipment; (ii) Renter's breach of this Agreement; or (iii) Renter's violation of any law or the rights of a third party.

TO THE FULLEST EXTENT PERMITTED BY LAW, OWNER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Gear Wave and its affiliates from and against all claims, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) the condition, maintenance, or legal fitness of the Equipment; (ii) Owner's failure to hold any required insurance, license, registration, or permit; (iii) any Owner Document; or (iv) Owner's breach of this Agreement or the Terms of Service.

15. LIMITATION OF LIABILITY

THE EQUIPMENT IS PROVIDED BY OWNER "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEAR WAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT, THE PLATFORM, AND EITHER PARTY'S PERFORMANCE, AND SHALL NOT BE LIABLE TO OWNER OR RENTER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR THE EQUIPMENT. GEAR WAVE'S TOTAL LIABILITY ARISING OUT OF THIS RENTAL SHALL NOT EXCEED THE PLATFORM FEES GEAR WAVE ACTUALLY RECEIVED ON THIS BOOKING.

These limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose.

16. Governing Law & Venue

This Agreement is governed by the laws of the State of Washington, without regard to its conflict-of-laws principles, except to the extent the law of the state where the Equipment is used mandatorily applies. For any dispute between Owner and Renter not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the state where the rental occurred, as identified on the booking. Disputes between either party and Gear Wave are governed by the dispute-resolution provisions of the Terms of Service.

17. Severability & Survival

If any provision of this Agreement is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be modified, severed, and all remaining provisions shall continue in full force and effect. Nothing in this Agreement waives any right that cannot lawfully be waived. Sections 1, 8, 9, 10, 11, 12, 14, and 15 survive the return of the Equipment and the expiration or termination of this Agreement.

18. Acceptance & Electronic Signature

Owner accepts this Agreement by accepting the booking request through the platform. Renter accepts this Agreement by completing checkout and clicking "I Agree" (or equivalent) after being presented with its full text. Each party's acceptance, together with the associated account identity, IP address, and timestamp recorded by Gear Wave, constitutes a binding electronic signature under the federal E-SIGN Act and applicable state electronic-transactions law. By accepting, Renter confirms they have read and agree to all terms of this Agreement, including the ASSUMPTION OF INHERENT RISK, RELEASE OF LIABILITY, INDEMNIFICATION, and LIMITATION OF LIABILITY provisions, and to the Cancellation & Refund Policy and Terms of Service.

Owner: [Owner Name] — accepted [DATE / TIME]

Renter: [Renter Name] — accepted [DATE / TIME]

Booking: [Booking ID]