Rental Terms & Conditions
Tri Hub Swimwear & Multisport
Wetsuit Rental Agreement
This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature (“Effective Date”), and is made between Lokke Motion Enterprises Ltd., doing business as “Tri Hub Swimwear & Multisport”, an incorporated organized under the laws of the province of Alberta, Canada, with offices at 800 Griffin Rd E. Cochrane, AB T4C 2B8, and 190 MacEwan Student Centre (MSC), 2500 University Drive NW Calgary, Alberta. (“Owner”), and_______________________________________ [INSERT RENTER NAME] (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
Paddle board with carrying bag, paddle, inflator pump, fin(s) and lifejacket if not supplying their own. _____________________(“Equipment”).
1. Term
This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to the Owner. Renter shall return the Equipment on ______________, __________, unless terminated earlier consistent with the terms herein.
Rented Equipment Brand & Model:
WETSUIT MP ロ
WETSUIT 2XU ロ
WETSUIT OTHER____________________
2. Payment
Renter shall pay the following: (Check one)
1 DAY $45 ロ
5 DAY $60 ロ
30 DAY $135 ロ
I authorize the Owner to charge the debit card or credit card on file with an amount equal to all payments and fees due under this Agreement.
RENTER Initial → __________________________
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
d) a $55 charge per day for late return of the Equipment or the highest amount allowable under law;
e) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
f) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
i) all costs incurred to collect unpaid monies due; and
k) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
3. Security Deposit.
In addition to the fees listed in Section 2, Renter shall pay a deposit of $100 which is due at the time this Agreement is signed. The renter must also pay a $2.60 transaction fee on the deposit which is non refundable. The owner may use the deposit to cover all or part of any amounts due under this Agreement if any parts of the wetsuit are not returned, or are returned damaged. If the wetsuit or any part of the equipment is not returned, or returned damaged the below amounts may be charged. If the equipment has minor damage and can be safely repaired to an acceptable rental standard, another amount may be charged at the discretion of the owner, to cover repairs to the equipment.
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Wetsuit ranging in replacement cost from $299, up to $1000 depending on the brand and style rented.
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Repairs to the wetsuit assessed in the following way:
Damage is assessed in the following ways:
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1-2cm tear or cut $20
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2-4cm tear or cut $35
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Anything over 4cm or a hole all the way through and we would consider the suit unrentable and charge the cost of the suit.
Generally, if you are careful with the suit and rinse it after each use, it's very unlikely to create a tear that would require a charge.
Make sure that when pulling the suit on, you are using the pads of your fingers and avoid using fingertips or nails. If necessary wear gloves.
Section 3: Renter has read and agrees RENTER Initial → __________________________
4. Late Payment.
Payment is due at the time of rental contract.
5. Location of Equipment.
During the Term, Equipment shall be located at a safe and secure location with the renter and shall never be left unlocked and unattended at the beach or when in transit.
6. Care of Equipment.
Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with gentle recreational use and enjoyment in safe and reasonable conditions suitable for paddling. The board should not be stored in direct sunlight for prolonged periods of time and should be clean and dry before returning and rolling up.
7. Repair and Alterations.
The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
8. Restrictions on Use.
Renter shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
e) operate, use, maintain or store the equipment while intoxicated, under the influence of drugs
d) operate or use the equipment for a purpose for which it is not intended.
f) operate the equipment in cold water without adequate safety and thermal equipment
g) Operate the paddle board without wearing a properly fitted, transport Canada approved life vest.
8. Loss or Damage.
Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
9. Condition of Equipment. The Condition of Equipment Checklist (“Checklist”) attached is hereby incorporated by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Return of Equipment.
a. Renter shall return Equipment on the date specified in Section (1) in the same condition as Renter received it, except for normal wear and tear (scuffs and light scraps). Renter shall return the Equipment to the agreed return location. If Equipment is not returned on said date, the Owner reserves the right to take any action necessary to regain possession of the Equipment.
b. Inflatable paddle board(s) must be rinsed, cleaned and returned dry and neatly rolled (nose first) and returned in the bag.
c. All other equipment must be rinsed and dry apun return to the store. In some cases we understand that life jackets may be damp, however the Renter is required to make efforts to ensure the jacket is clean and dry. Equipment returned wet may be subject to a fee of $25.
11. Termination.
This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
12. Indemnification and Liability.
Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Ownership.
Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
14. Waiver.
No failure of the Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
15. Severability.
In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
16. Entire Agreement.
This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
17. Assignment.
Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
18. Headings.
Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
19. Counterparts.
This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges receipt of a copy of this Agreement whether paper or a digital photograph, or accessed through a the website and acknowledges having read and understood the foregoing. By selecting AGREE on any part or counterpart of this form, or the rental booking the renter is agreeing to all terms and conditions of this contact.
INSERT OWNER NAME INSERT RENTER NAME
Printed Name Printed Name________________________________
Lokke Motion Enterprises Ltd.
DBA - Tri Hub Swimwear & Multisport
Signature________________________________
Date_____________________________________
CREDIT CARD AUTHORIZATION FORM
(Note to staff - Photograph of drivers license also needed to complete rentals)
RENTERS PHONE #:______________________________
RENTERS EMAIL:________________________________
Name on the Card:
CC Number:
EXP. Date
Security Code on the back
Postal Code:
I authorize Lokke Motion Enterprises Ltd. to charge my credit card on file for non-returned rental items, damaged items or applicable late fees. ロ YES
Signature:
EQUIPMENT CONDITION:
Please note any damages to equipment going out for a rental below:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Customer Initial →_____________
Staff Initial→__________________
HOW DO RETURNS WORK?
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Return hours on any rental are always (1) hour after open and (1) hour before close.
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The same as above applies for multi day rentals. The rental period essentially begins the day after the day the equipment is rented.
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Do not return equipment to the SLS Centre or any other location within the University of Calgary. Tri Hub is a separate business operating inside the SLS Centre and/or the MacEwan Student Center. SLS Centre will not be able to process a deposit return for you.
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Make sure all equipment is returned clean and as dry as possible. Rinse all equipment thoroughly before returning.