Gear Wave logoGEAR WAVE
Gear Wave logo

Gear Wave

Terms of Service

Effective version: 4.1 · Effective September 20, 2026

Version 4.0 is the complete, current document and supersedes all prior versions. Gear Wave is offered only in U.S. states designated as live; see Section 17.

1. Acceptance of Terms

By accessing or using the Gear Wave platform, website, mobile application, or services (the "Services"), users agree to comply with and be bound by these Terms of Service.

2. Platform Overview

Gear Wave operates as a peer-to-peer marketplace platform connecting recreational equipment owners with renters. Gear Wave does not own, maintain, inspect, or directly operate listed equipment unless explicitly stated otherwise. Gear Wave is not a party to any rental agreement, waiver, release, or other contract between an Owner and a Renter. Every rental is a transaction directly between the Owner and the Renter; Gear Wave's role is limited to providing the technology that allows those parties to find one another, communicate, contract, and pay.

2a. Geographic Availability & Phased Launch

Account creation, browsing, favoriting gear, and joining state-launch notification lists are open to all U.S. residents. Publishing listings and creating bookings are available only in states Gear Wave has designated as Live States under Section 17. Users in other states may sign up and browse but will be unable to list gear or complete bookings until their state is launched. The set of Live States is maintained by Gear Wave and may expand over time; users will be notified when their state becomes available.

2b. Business Listings Created From Public Information

Gear Wave may create preliminary, unclaimed listings and business profiles for rental businesses using information that is publicly available, including a business's own website, public directories, and information the business or its representatives provide to us. Preliminary listings are labeled as unclaimed and are not bookable until the business claims the listing and accepts these Terms. Gear Wave uses only factual business information and limits use of third-party text and imagery to what it reasonably believes is permitted; Gear Wave respects robots.txt and comparable access restrictions and does not bypass authentication, paywalls, or technical access controls. A business may claim, correct, suppress, or request removal of a preliminary listing at any time by contacting support@gearwaveapp.com, and Gear Wave will action verified requests promptly. Gear Wave does not represent that any unclaimed listing has been reviewed or endorsed by the business it describes.

3. Eligibility

Users must:

  • Be at least 18 years old
  • Provide accurate account information
  • Maintain valid payment methods
  • Comply with all applicable laws and regulations

4. User Responsibilities

Users agree to:

  • Use the platform lawfully and responsibly
  • Provide accurate listing and booking information
  • Respect equipment owners and renters
  • Pick up and return rented equipment within the pickup and return time window stated on the booking, subject to the grace period and late-fee schedule in Section 8a
  • Follow all safety instructions and local laws
  • Maintain account security by using a strong, unique password (Gear Wave rejects passwords known to appear in public breach corpora) and by enabling two-factor authentication on the email account associated with their Gear Wave account

5. Owner Responsibilities

Equipment owners agree to:

  • Provide accurate descriptions and photos
  • Disclose known defects or safety concerns
  • Maintain equipment in safe operating condition
  • Honor confirmed bookings
  • Determine, obtain, and maintain any insurance, licenses, registrations, permits, and contractual consents required to rent the equipment commercially
  • Determine independently whether to require any waiver, release, or additional rental documentation from a renter, and bear sole responsibility for any such document under Section 5a

5a. Owner-Provided Waivers and Rental Documents

GEAR WAVE DOES NOT PROVIDE LIABILITY WAIVERS, RELEASES, ASSUMPTION-OF-RISK FORMS, OR RENTAL CONTRACTS FOR USE BETWEEN OWNERS AND RENTERS. Gear Wave does not draft, supply, review, approve, endorse, adopt, or maintain any such document, and no user should rely on Gear Wave to do so.

An Owner may, at the Owner's sole option and expense, require a Renter to sign a liability waiver, release, assumption-of-risk acknowledgment, rental contract, safety briefing, or other document supplied by the Owner (each, an "Owner Document"). Gear Wave may provide a means to upload, display, transmit, collect a signature for, or store an Owner Document. Owners and Renters acknowledge and agree that:

Owner indemnity. The Owner will defend, indemnify, and hold harmless the Gear Wave Parties (as defined in Section 10) from and against any claim, demand, action, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to an Owner Document, including any claim that the Owner Document is unenforceable, unlawful, deceptive, inadequately disclosed, improperly presented, improperly executed, or improperly retained.

Renter acknowledgment. A Renter who signs an Owner Document acknowledges that the document comes from the Owner, not from Gear Wave; that Gear Wave has not reviewed it; and that any question about its meaning or effect should be directed to the Owner or to the Renter's own counsel.

  • No review or endorsement. Gear Wave does not review any Owner Document and makes no representation or warranty that it is lawful, enforceable, complete, accurate, conspicuous, properly executed, or suitable for any equipment category, activity, user, or jurisdiction. Gear Wave disclaims all liability arising out of or relating to any Owner Document.
  • Owner sole responsibility. The Owner is solely responsible for the drafting, content, legality, presentation, conspicuousness, execution, retention, and enforcement of its Owner Document, and for compliance with all laws governing pre-injury releases, consumer contracts, electronic signatures, disclosure, and recordkeeping in every jurisdiction where the Owner rents.
  • Not a Gear Wave agreement. An Owner Document is an agreement solely between the Owner and the Renter. Gear Wave is not a party to, signatory to, beneficiary of, or guarantor of any Owner Document, and no Owner Document creates any obligation of Gear Wave or any right of any person against Gear Wave.
  • Technical facilitation is not legal service. Hosting, transmitting, displaying, formatting, collecting a signature for, or storing an Owner Document is a technical service only. It does not constitute review, approval, endorsement, or adoption of the document, and it is not the practice of law or the provision of legal advice to any user.
  • No conflicting or binding terms. No Owner Document may purport to bind Gear Wave, name Gear Wave as a released, indemnified, or insured party except as Gear Wave expressly permits in writing, modify these Terms, or conflict with these Terms. As between Gear Wave and any user, these Terms control over any inconsistent provision of an Owner Document.
  • Removal. Gear Wave may remove, refuse to display, decline to transmit, or discontinue support for any Owner Document at any time, with or without notice or cause, without liability to any user.

6. Renter Responsibilities

Renters agree to:

  • Use equipment safely and responsibly
  • Operate equipment only for intended purposes
  • Avoid reckless or unlawful activity
  • Return equipment in substantially the same condition received

7. Prohibited Conduct

Users may not:

  • Provide false or misleading information
  • Engage in fraud or chargeback abuse
  • Use equipment while impaired by drugs or alcohol
  • Harass, threaten, or abuse other users
  • Circumvent platform payments
  • List stolen, illegal, or unsafe equipment
  • List firearms, ammunition, or other regulated weapons, or any equipment designated by Gear Wave as a prohibited category
  • Attempt unauthorized access to platform systems
  • Represent to any person that Gear Wave has provided, reviewed, approved, or endorsed any waiver, release, rental contract, insurance product, or safety certification

7a. No Scraping, Crawling, or Automated Access

Users and visitors may not, and may not permit any third party to:

This Section 7a restricts users, visitors, and third parties. It does not limit Gear Wave's own operation of the platform, including Gear Wave's collection of publicly available business information as described in Section 2b.

  • Use any robot, spider, scraper, crawler, headless browser, or other automated means to access, index, copy, harvest, or monitor any portion of the platform, including listings, photos, descriptions, pricing, availability, reviews, owner or renter profiles, or any user-generated content
  • Bypass, disable, or circumvent any technical measures used to restrict access, including rate limits, CAPTCHAs, robots.txt directives, IP blocks, or authentication
  • Aggregate, republish, mirror, syndicate, or make available platform data (in whole or in part) on any other website, application, dataset, AI training corpus, or commercial product
  • Use platform data to train, fine-tune, evaluate, or otherwise develop any machine learning model, large language model, embedding, or other AI system
  • Access the platform through any interface other than the official Gear Wave website and mobile application provided to end users

7b. No Reverse Engineering

Users may not, and may not permit any third party to, reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, algorithms, pricing logic, ranking signals, risk models, fee structures, or trade secrets of the platform or any of its components, except to the limited extent this restriction is prohibited by applicable law.

7c. No Competitive Use

Users may not access or use the platform, the Services, or any data obtained from them to:

  • Build, develop, train, market, or operate any product or service that competes with Gear Wave, including any peer-to-peer rental marketplace for recreational, outdoor, sporting, marine, or similar equipment
  • Solicit Gear Wave owners or renters to transact off-platform or on a competing platform
  • Benchmark, copy, or replicate Gear Wave's user interface, user flows, fee structure, listing taxonomy, scoring systems, or proprietary product designs
  • Compile, derive, or distribute any list of Gear Wave owners, renters, listings, or pricing for commercial purposes

7d. Confidentiality of Non-Public Information

Any non-public information a user obtains about the platform --- including internal metrics, gross merchandise value, take-rate calculations, conversion data, owner earnings data, partner payout math, fraud signals, internal pricing tools, or product roadmaps --- is the confidential information and trade secret of Gear Wave. Users must not disclose, publish, share, or use such information for any purpose other than their personal use of the platform.

7e. Enforcement & Remedies

Violations of Sections 7a--7d may result in immediate account suspension or termination, withholding of pending payouts pending investigation, and setoff of such payouts against amounts owed to Gear Wave, removal of listings, IP and device bans, civil action for damages and injunctive relief, and referral to law enforcement under the Computer Fraud and Abuse Act and analogous state laws. Users acknowledge that monetary damages alone would be inadequate for breaches of these sections and that Gear Wave is entitled to seek equitable relief without posting bond.

8. Payments & Deposits

All payments must be processed through the Gear Wave platform. Security deposits may be temporarily authorized to cover damages, theft, cleaning, late returns, or policy violations. Authorized deposit holds may be captured in whole or in part to satisfy late fees, non-return fees, or other charges owed under these Terms.

Authorization hold mechanics. The security deposit is collected as an authorization hold against the Renter's payment method at booking time and is not a charge. The hold reduces the Renter's available credit or funds for the duration of the rental; is released after the Owner confirms return in acceptable condition, typically within one to seven business days; may be released and re-placed during longer rentals up to the disclosed deposit amount; and may be captured in whole or in part to cover documented damage, loss, cleaning beyond normal use, late fees, non-return charges, or other amounts owed under these Terms or the Rental Agreement. Release timing is controlled by the Renter's issuing bank and not by Gear Wave or the Owner. Renters expressly authorize these holds and captures as a condition of booking.

8a. Pickup, Return, Grace Period & Late Fees

Every booking is created with a specific pickup time and return time. By default, pickup is scheduled for 10:00 AM local time and return for 7:00 PM local time on the booking's end date; owners may set different defaults per listing and renters and owners may agree to different times at checkout. The pickup and return times appear on the booking, in confirmation emails, and on the signed rental agreement, and are the operative deadlines for owner-protection enforcement.

Order of precedence. This Section 8a states the single controlling pickup, return, grace-period, and late-fee schedule for all bookings. Where the Rental Agreement, any Owner Document, or any other document states a different grace period, late-fee rate, or non-return threshold, this Section 8a controls as to charges assessed through the platform, and those documents are deemed conformed to it.

  • Grace period. Renters have a 30-minute grace period after the scheduled return time during which no late fee is assessed. Owners may extend, but not shorten, the grace period for their own listings.
  • Hourly late fee. 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, owner-configurable per listing) for up to four (4) hours.
  • Full-day conversion. If the equipment is still not returned more than four (4) hours after the scheduled return time, the late fee converts to a full additional rental day at the listing's daily rate, plus any applicable platform fees and taxes, in lieu of the accrued hourly fees. Each additional 24-hour period the equipment remains overdue adds an additional rental day.
  • Non-return threshold. If the equipment is not returned within twenty-four (24) hours after the scheduled return time (or such longer period as the owner has set on the listing), Gear Wave may flag the booking as a non-return event, open a dispute on the owner's behalf, freeze the renter's account, place a hold on the renter's payment method up to the lesser of the equipment's declared replacement value or the maximum authorization permitted by the payment network, and refer the matter to law enforcement where appropriate.
  • Automatic charging. Late fees, full-day conversion charges, and non-return charges may be charged automatically against the renter's payment method on file and against any authorized security deposit hold, without further consent beyond the disclosures in these Terms and at checkout; Gear Wave will send the renter contemporaneous itemized notice of each amount charged, the basis for the charge, and the dispute channel. Renters expressly authorize such charges as a condition of booking.
  • Owner payout hold. While a booking is in an overdue or non-return state, owner payouts for that booking are held until the return is reconciled. Once the return is marked complete and any late or damage charges are processed, payouts resume on the standard schedule.
  • Renter disclosures. The full pickup/return schedule, grace period, hourly late-fee rate, full-day conversion threshold, and non-return threshold for each booking are displayed to the renter on the listing detail page, on the checkout page, on the booking confirmation, and within the booking detail in the renter's account, before payment is captured.
  • Force majeure and good-faith delays. Gear Wave may, in its sole discretion, waive or reduce late fees for documented emergencies, weather events, mechanical failures attributable to the equipment, or other good-faith reasons. Waiver in any one instance is not a waiver of Gear Wave's right to enforce late fees in any other instance.

9. Damage, Late Returns & Disputes

Users may be financially responsible for damages, theft, excessive wear, missing items, late returns, non-returns, or policy violations. Gear Wave reserves the right to investigate disputes, charge the renter's payment method and authorized deposit for amounts owed under Section 8a and the Rental Agreement, hold owner payouts during the dispute, and make final platform determinations as to amounts processed through the platform. Gear Wave's determination is an administrative allocation of funds held on the platform. It is not an adjudication of either party's legal rights, does not resolve any claim between an Owner and a Renter, and does not make Gear Wave a party to, arbitrator of, or guarantor of any such claim.

10. Assumption of Risk; Release of Gear Wave

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

(a) Inherent Risks. OUTDOOR RECREATION AND THE USE OF RECREATIONAL, POWERED, MARINE, AND SIMILAR EQUIPMENT INVOLVE INHERENT RISKS THAT CANNOT BE ELIMINATED regardless of the care taken to avoid them, including bodily injury, illness, drowning, hypothermia, exposure, falls and falls from height, collisions, rollover, crush and pinch injuries, equipment malfunction or failure, weather and water hazards, animal encounters, remote-location and delayed-rescue risk, PERMANENT DISABILITY, AND DEATH.

(b) Voluntary Assumption. EACH USER VOLUNTARILY ACCEPTS AND ASSUMES ALL SUCH RISKS, both known and unknown, arising out of or relating to the platform or the use of any equipment obtained through it. This assumption of risk is intended to be enforceable to the fullest extent permitted by law and survives independently of subsection (c) if subsection (c) is held unenforceable in whole or in part.

(c) Release of the Gear Wave Parties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH USER RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Gear Wave and its parents, subsidiaries, affiliates, members, managers, officers, directors, employees, contractors, agents, insurers, successors, and assigns (collectively, the "Gear Wave Parties") from any and all liability, claims, demands, actions, and causes of action arising out of or relating to any loss, damage, injury, illness, or death sustained in connection with the platform or with any equipment listed, booked, or used through it, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF A GEAR WAVE PARTY OR OTHERWISE.

(d) Exclusions. This release does not apply to (i) gross negligence, recklessness, or willful or intentional misconduct of a Gear Wave Party; (ii) any liability that cannot be released as a matter of law; or (iii) any right under a consumer-protection statute that cannot lawfully be waived.

(e) No Duty to Inspect, Verify, or Screen. Gear Wave does not own, possess, store, transport, maintain, inspect, test, service, repair, or certify any equipment. Gear Wave does not verify any user's skill, fitness, training, licensure, certification, or insurance, or the accuracy of any listing, and does not screen equipment for safety, condition, recall status, or regulatory compliance. Where the platform confirms that a required document has been uploaded (Section 20), it confirms upload only. Gear Wave undertakes no duty to do any of the foregoing and expressly disclaims any duty that might otherwise be implied or assumed from its provision of the platform, its dispute-resolution processes, its content moderation, or its identity-verification vendor relationship.

(f) Conspicuousness and Severability. This Section is intentionally formatted in bold and capitalized type. If any part of it is held unenforceable, that part shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be modified, severed, and all remaining parts shall continue in full force and effect.

11. Limitation of Liability; Disclaimer of Warranties

THE PLATFORM, ALL LISTINGS, ALL EQUIPMENT, AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GEAR WAVE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.

To the maximum extent permitted by law, Gear Wave, its affiliates, employees, contractors, and partners shall not be liable for indirect, incidental, consequential, or punitive damages arising from use of the platform or rented equipment. IN NO EVENT WILL GEAR WAVE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY THE USER TO GEAR WAVE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING EXCLUSIONS AND CAP DO NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GEAR WAVE, OR TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The disclaimers, exclusions, and limitations in Sections 10, 11, and 11a reflect an agreed allocation of risk, are an essential basis of the bargain, and apply even if a limited remedy is found to have failed of its essential purpose. Any claim arising out of or relating to these Terms or the platform must be brought within one (1) year after the claim accrues, except where a longer period is required by applicable law.

11a. Waiver of Claims; Inter-User Disputes

EXCEPT WHERE PROHIBITED BY LAW, USERS WAIVE AND DISCHARGE ANY AND ALL CLAIMS AGAINST GEAR WAVE, ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS ARISING OUT OF OR IN CONNECTION WITH: (1) the availability, condition, safety, legality, or performance of any listed equipment; (2) the acts or omissions of any owner, renter, or other user; (3) any dispute between an owner and a renter, including disputes concerning equipment condition, damage, loss, late return, or performance of a rental agreement or Owner Document; or (4) any determination Gear Wave makes in good faith as administrator of platform policies, including deposit-capture, refund, and payout determinations.

Except where prohibited by law, users also waive any claim against any other user of the platform arising out of or in connection with use of the platform, other than claims arising from that user's own conduct under the applicable Rental Agreement and any Owner Document, which remain solely between the owner and the renter as described in the Rental Agreement.

This Section does not apply to gross negligence, recklessness, or willful misconduct of Gear Wave, or to any liability that cannot be waived under applicable law. This Section is a fundamental element of the basis of the bargain between users and Gear Wave; if any part of it is held unenforceable, that part shall be severed and the remainder shall continue in effect.

12. Account Suspension & Termination

Gear Wave reserves the right to suspend or terminate user accounts for violations of these Terms, unsafe behavior, fraud, abuse, or other harmful conduct.

Upon termination or deactivation of an account or of these Terms: (a) amounts owed to Gear Wave become immediately due; (b) confirmed bookings may be canceled and handled under the Cancellation & Refund Policy; (c) Gear Wave may retain records as described in the Privacy Policy and as required by law; and (d) Sections 5a, 10, 11, 11a, 13, 7d, 15, 21, and 23, together with any other provision that by its nature should survive, survive termination.

13. Intellectual Property

All platform content, branding (including the Gear Wave name, logo, and wave mark), copy, designs, user interface elements, software, source code, database schemas, taxonomy, scoring systems, fee logic, and all other intellectual property associated with Gear Wave are owned by Gear Wave or its licensors and are protected by copyright, trademark, trade secret, and other laws. No license is granted by implication, estoppel, or otherwise; all rights not expressly granted are reserved. Users receive only a limited, revocable, non-exclusive, non-transferable license to access the platform for personal, non-commercial use as an end user.

13a. User Content

Users may submit listings, photos, descriptions, reviews, messages, Owner Documents, and other content ("User Content"). Users retain ownership of their User Content. By submitting User Content, each user grants Gear Wave a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (solely for formatting and display), publish, publicly display, and distribute that User Content for the purposes of operating, securing, promoting, and improving the platform. The license ends when the User Content is deleted from the platform, except that it continues for User Content already incorporated into completed bookings, reviews, dispute records, or promotional materials created before deletion.

Each user represents and warrants that they own their User Content or have all rights necessary to grant the license above, and that their User Content is accurate, lawful, and does not infringe or misappropriate the intellectual property, privacy, or publicity rights of any third party. Users are solely responsible and liable for their User Content.

14. Privacy

Use of the platform is also governed by the Gear Wave Privacy Policy regarding data collection, storage, and user information.

14a. AI-Assisted Communications and Content

Gear Wave uses automated and AI-assisted tools to draft communications, summarize conversations, suggest pricing, and prioritize support and outreach. AI-generated content may contain errors and is not legal, financial, insurance, safety, or professional advice. Communications sent to users are reviewed by Gear Wave personnel before sending unless a user has separately agreed to automated messaging. Nothing generated by these tools modifies these Terms, any Rental Agreement, or any Owner Document, and in the event of a conflict, the signed documents control.

15. Indemnification

(a) By all users. Each user will defend, indemnify, and hold harmless the Gear Wave Parties from and against any claim, demand, action, proceeding, damage, loss, fine, penalty, cost, or expense (including reasonable attorneys' fees and costs of investigation) arising out of or relating to: (i) the user's use, misuse, or possession of any equipment; (ii) the user's breach of these Terms or of any agreement with another user; (iii) the user's violation of any law or of the rights of any third party; (iv) any User Content the user submits; or (v) any injury, death, or property damage arising from a rental in which the user participated.

(b) By Owners. In addition, each Owner will defend, indemnify, and hold harmless the Gear Wave Parties from and against any claim arising out of or relating to the Owner's equipment, its condition or maintenance, the Owner's failure to hold required insurance, licenses, registrations, or permits, any Owner Document under Section 5a, and any claim brought by a renter, a renter's guest, a passenger, a bystander, or a property owner.

(c) Procedure. Gear Wave will notify the indemnifying user of any claim for which it seeks indemnity and may, at its option, assume control of the defense at the user's expense. The indemnifying user may not settle any claim in a manner that imposes any obligation on, or admits any fault by, a Gear Wave Party without Gear Wave's prior written consent.

16. Modifications to Terms

Gear Wave may update or modify these Terms of Service at any time. Continued use of the platform constitutes acceptance of revised terms.

17. Geographic Scope & Service Availability

The platform is offered, and bookings are accepted, ONLY in U.S. states and territories that Gear Wave has expressly designated as "live" on its official launch list (the "Live States"), which Gear Wave may update from time to time in its sole discretion. Listing, booking, payout, and deposit handling are not offered in any jurisdiction that is not a Live State.

  • Persons residing outside the Live States may register for the waitlist but may not list equipment, accept bookings, or rent equipment until their state is added to the Live States.
  • Any listing, booking, payment, or transaction attempted outside the Live States is void, unauthorized, and not endorsed, facilitated, or insured by Gear Wave, even if it appears in the platform UI due to a technical error.
  • Gear Wave makes no representation that the platform complies with the laws of any jurisdiction that is not a Live State, and users accessing the platform from such jurisdictions do so on their own initiative and at their own risk.
  • Gear Wave reserves the right to remove listings, cancel bookings, block accounts, and withhold payouts attributable to activity outside the Live States, without liability; provided that Gear Wave will refund to the renter all payments attributable to any booking that Gear Wave voids under this Section.
  • The current Live State list is published at www.gearwaveapp.com/terms and is incorporated by reference into these Terms.

18. Marketplace Role & Agent of Payee Disclosure

Gear Wave operates solely as a technology marketplace and venue. Gear Wave is not a rental company, equipment owner, dealer, broker, carrier, motor vehicle dealer, vessel dealer, outfitter, guide, insurer, or party to any rental contract between an owner and a renter. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between Gear Wave and any user, except that Gear Wave acts as each owner's limited payment collection agent solely as described in this Section. Gear Wave has the right, but not the obligation, to monitor the platform, screen users, and review, gate, or remove listings and content in order to operate and secure the platform and enforce these Terms; Gear Wave does not assume any duty to any user or third party by exercising, or declining to exercise, these rights.

  • Owner appointment. By publishing a listing or accepting a booking, each owner expressly appoints Gear Wave (and its payments partner) as the owner's limited payment collection agent for the limited purpose of accepting funds from renters on the owner's behalf. Payment of rental charges by a renter to Gear Wave is deemed payment made directly to the owner and satisfies the renter's payment obligation, regardless of whether the funds are actually transmitted to the owner.
  • Renter funds are held in the owner's connected payment-processor account during the payout window and do not pass through a Gear Wave operating account.
  • Payout timing. Owner earnings are released approximately three (3) days after the renter's return check-in, and may be held longer if a damage claim or payment dispute is open. Where no return check-in is filed for a completed booking, earnings are released approximately fifteen (15) days after the rental end date.
  • Where applicable state law treats Gear Wave as a "marketplace facilitator" for sales, use, lodging, rental, or similar transactional taxes, Gear Wave will collect and remit such taxes in compliance with that law once registered in that state. Owners remain solely responsible for income tax on their earnings and for any taxes not collected by Gear Wave.
  • Gear Wave may issue Form 1099-K or analogous information returns to owners as required by IRS rules and applicable state law.

19. Insurance Disclosure

GEAR WAVE DOES NOT PROVIDE INSURANCE. Gear Wave is not an insurance company, broker, agent, MGA, or producer.

  • Any deposit authorization hold, damage charge, or platform-facilitated reimbursement is a contractual remedy between owner and renter routed through the platform --- it is NOT insurance and does NOT provide first-party property, liability, medical, uninsured/underinsured motorist, hull, P&I, or any other insurance coverage.
  • Owners are solely responsible for maintaining any insurance required by law or by their lender, lessor, manufacturer warranty, HOA, marina, or other contract, and for confirming that their policy permits commercial / peer-to-peer rental use. Most personal auto, boat, RV, and homeowners' policies exclude commercial rental use; coverage gaps are the owner's responsibility.
  • Renters are solely responsible for confirming whether their own auto, boat, homeowners, renters, umbrella, medical, or travel insurance covers their use of rented equipment, injuries to themselves or third parties, and damage to the equipment. Renters should not assume any such coverage exists.
  • Where Gear Wave references third-party insurance products, those products are offered by independent licensed insurers and are subject solely to their own terms.
  • Gear Wave does not provide, arrange, review, or evaluate any waiver, release, or risk-transfer document as a substitute for insurance, and no user should treat any such document as coverage.

20. Powered Vehicles, Watercraft & Regulated Equipment

Equipment in categories including (without limitation) motor vehicles, e-bikes Class 2 and 3, mopeds, ATVs, UTVs, side-by-sides, snowmobiles, jet skis / personal watercraft, motorboats, sailboats, kayaks, paddleboards, trailers, drones, and powered tools is subject to extensive federal, state, and local regulation. Users acknowledge and agree that:

  • Renters are solely responsible for holding all required licenses, endorsements, registrations, age requirements, and certifications (including but not limited to a valid driver's license, motorcycle endorsement, CDL where applicable, state boater education / boating safety card under NASBLA-approved programs and 33 CFR §§ 173--177, FAA Part 107 remote pilot certification, hunter education, snowmobile / OHV safety certificate, and any helmet, USCG-approved PFD, lighting, or signaling equipment required by law).
  • Renters must comply with all applicable U.S. Coast Guard, NHTSA, DOT, FAA, EPA, state DMV, state Department of Natural Resources, Fish & Wildlife, and local ordinances, including BUI/DUI laws, no-wake zones, helmet laws, child-restraint laws, and tow-vehicle weight ratings.
  • Owners who rent motorized watercraft or other powered equipment may be subject to state rental-livery requirements, including safety instruction, required onboard equipment, and verification of operator education, that apply to the Owner directly and cannot be delegated to Gear Wave or waived. Owners are solely responsible for identifying and complying with these requirements before accepting a booking.
  • Where the platform requires a renter to upload documentation for a booking (for example, a boater education card or proof of insurance), that requirement cannot be waived by the Owner where verification is required by the law of the state of operation, and the booking may not proceed to pickup until the upload is received.
  • Gear Wave confirms only that required documents have been uploaded where the platform requires them; it does not review, authenticate, or assess the validity, sufficiency, or currency of any license, certification, registration, insurance, mechanical condition, or regulatory status, and disclaims all liability arising from any failure of an Owner or renter to comply with this Section 20.

21. Binding Arbitration & Class Action Waiver

PLEASE READ CAREFULLY --- THIS SECTION AFFECTS YOUR LEGAL RIGHTS. Except as provided below, any dispute, claim, or controversy between a user and Gear Wave arising out of or relating to the platform, the Services, these Terms, or any rental, payment, or deposit shall be resolved exclusively through final and binding individual arbitration administered by JAMS (or, if JAMS is unavailable, the American Arbitration Association) under its then-current consumer rules, before a single arbitrator, in the State of Washington or in the user's home state at the user's option, and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

  • CLASS ACTION WAIVER. Users and Gear Wave each waive any right to participate as a plaintiff or class member in any class, collective, mass, consolidated, representative, or private attorney general action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class action waiver is held unenforceable as to any claim, that claim shall be severed and litigated in court while all other claims remain in arbitration.
  • 30-DAY OPT-OUT. A user may opt out of this Section 21 by sending written notice to legal@gearwaveapp.com within 30 days of first accepting these Terms, stating the user's name, account email, and a clear statement of intent to opt out. Opting out does not affect any other provision of these Terms.
  • CARVE-OUTS. Either party may bring (i) an individual action in small-claims court for claims within that court's jurisdiction, (ii) an action for temporary or preliminary injunctive relief to protect intellectual property, confidential information, or platform integrity, and (iii) any claim that applicable law prohibits from being arbitrated.
  • MASS-FILING PROTOCOL. If 25 or more substantially similar arbitration demands are filed against Gear Wave by or with the coordination of the same counsel or coordinated group, the parties agree to a batch process: an initial bellwether of 10 cases will be arbitrated, after which the parties will mediate the remaining cases before any additional filing or administrative fees are incurred.

22. DMCA & Section 230

Gear Wave responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Designated copyright agent: Gear Wave LLC, Attn: DMCA Agent, support@gearwaveapp.com. Notices must include the elements required by 17 U.S.C. § 512(c)(3). Repeat infringers will be terminated in appropriate circumstances. Gear Wave is an interactive computer service under 47 U.S.C. § 230 and is not the publisher or speaker of user-generated content, including listings, photos, reviews, messages, and Owner Documents.

23. Governing Law & Venue

These Terms are governed by the laws of the State of Washington without regard to its conflicts-of-laws principles. Subject to Section 21, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in King County, Washington, and the parties consent to personal jurisdiction and venue in those courts.

24. Non-Waivable Rights

Nothing in these Terms is intended to waive any right that cannot lawfully be waived under the law of the user's state of residence or the state where the rental occurs. Where applicable law imposes a more protective standard than these Terms with respect to consumer rentals, biometric data, or personal information, that standard controls over any conflicting provision of these Terms for that user.

25. Notices; Assignment; Entire Agreement

Gear Wave may provide notices through the platform (including in-app or banner notice), by email to the address on file, or by SMS to the number provided; notices are effective when posted or sent. Users may not assign these Terms without Gear Wave's prior written consent; Gear Wave may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, financing, or sale of all or substantially all of its assets. These Terms, together with the policies and agreements incorporated by reference, are the entire agreement between the user and Gear Wave regarding the platform and supersede prior discussions. If any provision of these Terms is held unenforceable, the remaining provisions continue in full force.

25a. Telephone, Text, and Voicemail Consent

By providing a telephone number, a user or business contact consents to receive transactional calls, texts, and voicemail from Gear Wave regarding their account, listings, and bookings. Marketing or promotional calls or texts, including any placed using an artificial or prerecorded voice or an AI voice assistant, are made only where Gear Wave has obtained prior express written consent, and every such communication identifies Gear Wave and provides a means to opt out. Consent is not a condition of renting or listing on Gear Wave. Calls with Gear Wave may be recorded and transcribed as described in the Privacy Policy; where recording requires consent, notice is given before recording begins. A user may opt out of further calls or texts at any time by telling the representative or AI assistant, replying STOP to a text, or emailing support@gearwaveapp.com.

26. Contact Information

Questions regarding these Terms may be directed to Gear Wave at support@gearwaveapp.com --- www.gearwaveapp.com

© 2026 Gear Wave · support@gearwaveapp.com