Garmin inreach Rental Agreement
Assumption of Risks, release of liability, waiver of claims and indemnity
I have asked to rent the Garmin In-Reach from Twin Cities Rock and Ice LLC, and accept full financial responsibility for the proper use, care, treatment, and return of this equipment. The equipment dealt with in this contract is to be used only by the person executed this reservation and I agree to reimburse and hold harmless Twin Cities Rock and Ice LLC for any loss or damage when used by another person not specially authorized on this form. I agree to be bound by this Rental Agreement and all the Terms and Conditions therein, whether or not I have read them.
Twin Cities Rock and Ice LLC may at its sole discretion modify this Rental Agreement and all the Terms and Conditions therein at any time.
I accept for use AS IS the Garmin In-Reach, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full value of any equipment rented under this form, but not returned to the rental facility within 10 (TEN) days of the agreed upon return date.
I shall use the Garmin In-reach in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment. I will read and abide by all included instructions and notices, including testing, proper use, etc. Any loss or damage incurred while using in a manner that does not follow the preceding will be my responsibility.
I agree it is my responsibility to understand how to use the Garmin In-Reach and to verify that it is operable. I am responsible for confirming battery life, check-in messages and contacts’ accuracy before leaving Twin Cities Rock And Ice premises.
I am responsible for all usage while in my possession and agree to pay all charges set forth in this agreement regardless of coverage or equipment performance in the area of attempted use. Twin Cities Rock and Ice LLC gives no warranty of the fitness of any equipment for any specific purpose and advises that I be certain that the use or possession of the equipment is legal in any country within which I intends to use or carry the equipment. Lessee agrees to abide by all effective regulations in any country where the equipment is used, including the purchase of any required licenses or permits.
Satellite or other service may be temporarily or periodically interrupted, delayed, barred, or otherwise limited and is not available everywhere in the world. Service may be affected or prevented by many factors, including but not limited to: geography, topography, weather, atmospheric conditions, system maintenance, system outage, and misuse. Twin Cities Rock and Ice LLC makes no representation that it can arrange for uninterrupted service. Furthermore, Twin Cities Rock and Ice LLC shall have no liabilities for and shall give no credits or rebates for interrupted service unless caused by the willful malfeasance or gross negligence of Twin Cities Rock and Ice LLC. Twin Cities Rock and Ice LLC shall not be liable for acts or omissions of other carriers, equipment or software failures or modifications, periodic downtime for maintenance or service, acts of nature, strikes, war or civil disobedience, government actions, bankruptcies, or other causes beyond our reasonable control.
I agree to pay Twin Cities Rock and Ice LLC all usage charges for communications made from or received on the Garmin In-Reach. It is the my responsibility to know the usage cost for any particular services I make on the device. This information is available from Twin Cities Rock and Ice LLC upon request. Twin Cities Rock and Ice LLC reserves the right to put a hold on my credit or debit card to cover the retail value of the equipment at any time during the rental.
In the event that I return the Garmin In-Reach prior to the Rental End Date, I will not receive a refund for any part of the original rental reserve period. I will not receive refunds or discounts for communication related to contacting Twin Cities Rock and Ice LLC.
I shall keep the Garmin In-Reach in good repair and condition. I shall not materially modify or alter the Garmin In-Reach. In the event of any material modifications, I will be responsible for all reasonable costs of Twin Cities Rock and Ice LLC in restoring the Garmin In-Reach to its normal condition.
I assume and shall bear the entire risk of damage to the Garmin In-Reach from any cause during the term of the Lease. Unless pre-existing damage is reported to Twin Cities Rock and Ice LLC within 24 hours after I take possession of the Garmin In-reach, it is assumed any damage to the equipment occurred during the term of the Lease. In the event of damage, Lessor shall choose the repair method and venue, within reason. If I choose an external venue for repair, I am responsible for the total cost of repair, if commercially reasonable. Twin Cities Rock and Ice LLC may elect to repair the Garmin In-Reach in-house. In these cases, I shall be responsible for Twin Cities Rock and Ice LLC’s reasonable expenses for parts and labor. My form of payment shall be charged the amount of repair expenses owed to Twin Cities Rock and Ice LLC. If the my form of payment cannot be successfully charged within 24 hours, the I shall be considered to be in Default.
I assume and shall bear the entire risk of loss of the Garmin In-Reach from any cause during the term of the Lease. In the event that I report the Garmin In-Reach to be lost or stolen during the term of the Lease, I am liable to Twin Cities Rock and Ice LLC for the replacement value of the Garmin In-Reach. Twin Cities Rock and Ice LLC shall charge my form of payment the amount owed for replacement of the lost or stolen Garmin In-Reach. If the my form of payment cannot be successfully charged within 24 hours, I shall be considered to be in Default.
Full Value Replacement costs for lost, stolen or damaged equipment are approximately:
Garmin inReach Mini: $350.00
Garmin inReach Mini 2: $430.00
Travel Case: $17
Protective Case: $13
Charging Cable: $5
If the Garmin In-Reach is not returned within 14 days of expiration of the term of the Lease, I shall be liable for the replacement value of the Garmin In-Reach. Twin Cities Rock and Ice LLC shall charge my form of payment the amount owed for replacement of the unreturned Garmin In-Reach. If my form of payment cannot be successfully charged within 24 hours, I shall be considered to be in Default.
In the event of Default, all amounts owed by me to Twin Cities Rock and Ice LLC are immediately due. In the event of default, I shall be responsible for any reasonable expenses of Twin Cities Rock and Ice LLC in attempting to recover the amount owed from me including collection fees and attorney’s fees. Twin Cities Rock and Ice LLC reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from my form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
The Garmin In-Reach remains at all times the sole and exclusive property of Twin Cities Rock and Ice LLC. I have no rights or claims to the Garmin In-Reach.
In the case of malfunctioning Garmin In-Reach, Twin Cities Rock and Ice LLC’s only liability to me is a full refund of the rental fees.
I agree to keep the Garmin In-Reach free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Garmin In-Reach, I agrees to reimburse Twin Cities Rock and Ice LLC in full for those charges.
In asking to rent the equipment, I understand that the equipment can be used in activities, including but not limited to hiking, backpacking, rock climbing, aid climbing, bouldering, ice climbing, mixed climbing, mountaineering, alpine climbing, kayaking, canoeing, rafting, skiing, snowshoeing and other sports (collectively “RECREATIONAL CLIMBING SPORTS”), all of which I understand are potentially DANGEROUS and HAZARDOUS activities. I understand that the use of the equipment and all of these activities involve inherent risks, dangers, and rigors, associated with outdoor activities, which include the risk of BODILY INJURY AND DEATH.
I AGREE TO RELEASE AND HOLD HARMLESS Twin Cities Rock and Ice LLC, its employees, owners, affiliates, agents, officers, directors, and the equipment manufacturers and distributors and their successors in interest (collectively “PROVIDERS”), from all liability for injury, death, property loss, and damage which results from the equipment user’s participation in the RECREATIONAL SPORTS and other outdoor activities for which the equipment is provided, or which is related in any way to the use of this equipment, including all liability which results from the NEGLIGENCE of PROVIDERS, or any other person or cause. I further agree to defend and indemnify PROVIDERS for any loss or damage, including any that results from claims or lawsuits for PERSONAL INJURY, DEATH, AND PROPERTY LOSS AND DAMAGED related in any way to the use of this equipment.
I have carefully read this agreement and release of liability and fully understand its contents. I am aware that this is a release of liability and a contract between myself and Twin Cities Rock and Ice and I sign it of my own free will.
This agreement is governed by the applicable law of Minnesota. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
I, THE UNDERSIGNED, HAVE CAREFULLY READ AND UNDERSTAND THIS EQUIPMENT RENTAL & LIABILITY RELEASE AGREEMENT. I am aware that I am releasing certain legal rights that I otherwise may have and I enter into this agreement on behalf of myself and/or my minor children of my own free will. My signature indicates that I have read and understood the entire agreement and agree that it is binding on me and my heirs, assigns, legal guardians, and personal representatives.
Cancellation Policy
Equipment rentals cancelled less than 48 hours prior to pick up will result in a full reservation charge to the credit card information provided for loss or damages with a $20 minimum charge. Equipment rentals cancelled more than 48 hours prior will not incur any charges.