Version 2 - Last updated: May 24, 2019
DISCLAIMER This Equipment Rental Agreement, effective as of the time of this reservation (“Effective Date”), is made and entered into by and between you (hereinafter the “Borrower”), and Cloud of Goods Inc. (hereinafter the “CoG”), with a registered address located at 90 Spruce Street, Suite E, South San Francisco, CA 94080.
EXPRESS ASSUMPTION OF RISK Borrower hereby agrees that he/she is renting, operating or using the equipment provided by CoG at his/her own risk. Borrower agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of CoG.
WAIVER/RELEASE OF LIABILITY By the execution of this Release, the Borrower agrees that CoG shall not be liable for any damages arising from personal injuries sustained by Borrower or anyone under the Borrower’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by CoG. The Borrower assumes full responsibility for any such injuries or damages which may occur, and further agrees that CoG shall not be liable for any loss or theft of personal property. The Borrower specifically agrees that CoG shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY CoG whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by CoG.
LIABILITY TO THIRD PARTIES The Borrower hereby agrees that he/she will indemnify and hold harmless CoG for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators of other equipments under the Borrower’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by CoG, even if such damages arise out of the negligence or fault of CoG.
DAMAGES & LATE RETURNS CoG may keep the Borrower’s credit card on file to cover any late return charges, excessive equipment damages or equipment loss. In the event the Borrower has purchased the Equipment Protection plan, the Borrower will not be liable for the damages covered under the Protection Plan. The Borrower’s credit card shall not be charged if the equipment is not damaged, lost or returned earlier than the agreed date by the Borrower. The CoG will inform the Borrower of any additional charges prior to charging the Borrower’s credit card.
ACKNOWLEDGMENT OF WAIVER AND RELEASE Borrower states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. Borrower further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. Borrower warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from CoG with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. Borrower further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against CoG for CoG’s negligence.
SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement shall remain in full force and effect to accomplish the intent and purpose of the parties. The parties agree to negotiate the severed provision to bring the same within the applicable legal requirements to the extent possible.
DISPUTES If a dispute, controversy, or claim arises out of or relates to this Agreement, or the breach thereof, the Borrower agree to try in good faith to settle the dispute by contacting the CoG directly. If a dispute arising out of or relating to this Agreement, or the breach thereof, and if the dispute cannot be solved through negotiation, or mediation, the Borrower agree to settle the dispute by arbitration administered by the American Arbitration Association (http://www.adr.org/fileacase) under its Commercial Mediation Procedures and its Consumer-Related Disputes Supplementary Procedures before resorting to litigation, or some other dispute resolution procedure. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the dispute cannot be resolved through negotiation, mediation, or arbitration, then the parties shall be free to pursue any right or remedy available to them under applicable law by a court of competent jurisdiction in San Mateo County, California.