Rental Agreement

Agreement Overview

This Rental Agreement (the "Agreement") is entered into between [Owner Name] ("Owner") and [Renter Name] and/or [Owner Business Name] ("Renter") for the rental of [Listing Title] through the Gear Wave platform operated by Gear Wave LLC, a Washington limited liability company ("Gear Wave").

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

Geographic Availability

Gear Wave makes the booking, payment, agreement-signing, and waiver functionality of the platform available only in U.S. states where Gear Wave has an attorney-approved state-specific rental waiver in effect. By creating this booking, both parties acknowledge that the rental location ([Rental Location]) is in a state where Gear Wave is operationally launched, that the governing-law and venue provisions below apply, and that this Agreement (including the assumption-of-risk and release-of-liability provisions) was reviewed for enforceability in that state at the time the booking was created.

Rental Period

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

Payment Terms

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

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 not transferred to Owner or Gear Wave unless captured.

If the Equipment is returned on time and undamaged, the authorization hold is released in full within 1–7 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 made by Gear Wave based on owner-submitted evidence and renter response within the dispute window.

Identity Verification

Renter agrees to complete government-ID and selfie verification through Gear Wave's verification provider (Stripe Identity) before the first booking. Verification data is processed and retained by the verification 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.

Equipment Condition

Renter accepts the Equipment in its current condition unless a defect is documented through the Gear Wave platform at the start of the rental.

Use of Equipment

Renter agrees to use the Equipment safely, lawfully, and only for its intended recreational purpose. Renter shall be at least 18 years of age and properly licensed where required by law.

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 but not limited to: 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 applies in every U.S. state, including states that limit or prohibit pre-injury releases of a provider's own negligence.

RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE STATE WHERE THE EQUIPMENT IS USED, RENTER HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Gear Wave LLC, [Owner Name], and their respective members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns (collectively, 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 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 in the state where the Equipment is used; or (c) any rights Renter may have under applicable consumer-protection statutes that cannot be waived.

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.

Late Returns & Late Fees

If the Equipment is not returned by the end of the rental period, a 24-hour grace period applies. After the grace period, Renter is charged a late fee equal to 1.5× the daily rental rate for each calendar day (or partial day) past the grace period, capped at the full security deposit amount. Late fees are captured from the authorization hold described above.

In addition to the late fee, Renter remains liable for documented downstream losses caused by the delay, including replacement rentals booked by Owner for an affected later guest, up to the replacement cost of the Equipment.

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.

INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and 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.

Governing Law & Venue

This Agreement is governed by the laws of the State of Washington, without regard to its conflict-of-laws principles, except that the substantive law of the U.S. state where the Equipment is used shall govern the enforceability of the Assumption of Risk, Release of Liability, and Indemnification provisions to the extent that state's law would otherwise apply.

The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington for any dispute not subject to arbitration, except where prohibited by the law of Renter's home state.

Severability & Savings Clause

If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction (including, without limitation, the pre-injury release of negligence in Louisiana, Montana, or Virginia, or any consumer-protection limitation in any other state), that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed from this Agreement. ALL REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. The Assumption of Inherent Risk shall survive even where a Release of Liability is unenforceable.

State-Specific Notices

LOUISIANA, MONTANA, AND VIRGINIA RESIDENTS: Under the law of your state, pre-injury releases of a provider's own negligence may be unenforceable. The Release of Liability above does not waive any right you have under your state's law; however, the Assumption of Inherent Risk and Indemnification provisions remain in effect to the fullest extent permitted.

NEW JERSEY, NEW YORK, CONNECTICUT, AND MASSACHUSETTS RESIDENTS: Courts in your state may narrowly construe liability releases. The Release applies only to the extent permitted by your state's law and does not apply to gross negligence, recklessness, or willful misconduct.

CALIFORNIA RESIDENTS: Renter expressly waives the protections of California Civil Code Section 1542, which provides that a general release does not extend to claims the releasing party does not know or suspect to exist at the time of executing the release — only to the extent permitted by California law.

FLORIDA AND GEORGIA RESIDENTS: The Assumption of Risk and Release provisions above are intentionally formatted in bold and capitalized type to satisfy the conspicuousness requirement under your state's law.

MINORS: This platform is restricted to users 18 years of age or older. No rental is authorized for a minor.

Electronic Signature

By signing electronically, Renter confirms they have read and agreed to all terms of this Agreement, including the ASSUMPTION OF INHERENT RISK, RELEASE OF LIABILITY, and INDEMNIFICATION provisions, as well as the Cancellation & Refund Policy and Liability Waiver set forth below.