Big Sky LLC d/b/a Big Sky herein will charge your card for the full cost of the order at checkout. You will receive an email with order confirmation. You may be charged the full retail price for any gear item that is not returned or returned damaged. You may be charged a $50 late fee for gear that is returned beyond your rental period.
DAMAGED OR LOST EQUIPMENT CHARGES
Additional charges will apply for lost or broken items. You will not be charged for items damaged due to normal wear. You will be responsible for the full replacement cost of any items not returned or returned damaged. If an item was not included, you must contact Big Sky up immediately receiving your gear. All gear in your order must be returned in full together.
SHIPPING (CONTINENTAL UNITED STATES ONLY)
All shipping orders must be placed a minimum of seven (7) days in advance of your first rental day. Your order is shipped via FedEx and will arrive by 8PM of your first rental day. Note that FedEx does not deliver on Sundays and if your first rental day begins on a Monday, your gear will be delivered by 8PM the Saturday before. Customers are responsible for ensuring your gear can be accepted by an adult at delivery or can be placed in a secure location. Customers are responsible for any lost or stolen gear.
To return your order, use the free return label included in your Big Sky box. Place the return label on the outside of the box that your gear arrived in and drop off at any FedEx location or drop box no later than 12PM the day after your last rental day. For example, if the last day of your rental is Sunday, you must return your order to a FedEx location or drop box by 12PM on Monday.
If your gear is not received at our warehouse within 5 days after your last rental day, you may be charged a late return fee of $50.
CANCELLATION AND REFUND POLICY
We understand that sometimes your plans change. If you need to cancel your reservation, contact us by emailing firstname.lastname@example.org at least 14 days prior to your scheduled delivery date. No refunds are available for cancellations given less than 7 days. No refunds or cancellations are available after your order has gone out for delivery. Note that your delivery date is the day before your first rental day.
LIMITATIONS OF LIABILITY POLICY
You, the person renting Big Sky gear, are referred to here as “you” and “your.” Both you and Big Sky collectively are referred to as “the parties.” Before renting Big Sky equipment you must explicitly consent to this Limitation of Liability Policy. Any other persons involved in the activities associated with the use of Big Sky equipment must also consent to this Limitation of Liability Policy. If at any time there is anything in this Limitation of Liability Policy that you do not agree with, or cannot abide by for any reason, you must not use and you must cease any ongoing use of the Big Sky equipment.
You must be 18 years of age or older to rent Big Sky equipment, and you hereby acknowledge that you meet this requirement.
You acknowledge that activities that require the use of gear that Big Sky rents is inherently dangerous and poses risks of significant bodily harm or death, or of property damage or theft.
You acknowledge that Big Sky is not inducing you to participate in any particular activities or any activities at all.
You acknowledge that Big Sky makes no representation that any activity that uses the gear that Big Sky rents is safe or appropriate for your particular situation.
You acknowledge that you will read all instructions for all Big Sky equipment, and you will also take any other reasonable steps to determine the proper use of any Big Sky equipment.
You acknowledge that you will not use any Big Sky equipment in any way other than for its intended use.
In any case, you will use your own judgment to determine whether it is safe to use or fail to use any of the equipment in any particular way for any particular situation.
YOU EXPRESSLY ASSUME THE RISK OF ANY HARM THAT MAY ARISE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE USE OF BIG SKY EQUIPMENT, WHICH MAY INCLUDE BUT IS NOT LIMITED TO BODILY INJURY OR DEATH, THEFT, DAMAGE, DESTRUCTION OR OTHER LOSS WHATSOEVER OF PERSONAL BELONGINGS OR VALUABLES OF YOURS OR OTHERS.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS BIG SKY INCLUDING ITS OFFICERS, AGENTS, EMPLOYEES, PERSONNEL, MANAGERS, DIRECTORS, INDEPENDENT CONTRACTORS, AFFILIATES, AND SUCCESSORS AND ASSIGNS FOR OR FROM ANY CLAIMS, LIABILITIES OR DEMANDS, INCLUDING COSTS SUCH AS ATTORNEYS FEES, RELATED TO ANY PROPERTY DAMAGE, HARM, INJURY OR LOSS, INCLUDING DEATH, WHICH YOU OR ANYONE ELSE MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF YOUR RENTAL AND/OR USE OF THE EQUIPMENT, YOUR FAILURE TO USE ANY OF THE EQUIPMENT, OR YOUR ALLOWING OR FAILING TO ALLOW OTHERS TO USE ANY OF THE EQUIPMENT. THIS INCLUDES BUT IS NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY.
Further, you agree to indemnify and hold harmless Big Sky, including its officers, agents, employees, managers, directors, independent contractors, affiliates and personnel, and successors and assigns for any claims, liabilities, or demands, including attorney’s fees, arising from any misrepresentations or fraudulent execution of this agreement.
If applicable, you hereby agree to waive California civil code section 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES IS LIMITED TO THE AMOUNT OF TOTAL FEES PAID FOR THE USE OF RENTAL EQUIPMENT. BIG SKY DISCLAIMS ALL LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES.
This Limitation of Liability Policy and all other agreements between the parties shall be construed under the laws of the State of Delaware.
This Limitation of Liability Policy and the Rental Guidelines embody the entire agreement and understanding between the parties on the subjects addressed herein and supersedes all prior discussions, agreements, or understandings between the parties, whether express or implied. Both parties agree that no promise or representation regarding the subjects addressed herein have been made by either party other than those expressly set forth herein.
Non Waiver of Terms
No term or condition of this Limitation of Liability Policy or the Rental Guidelines shall be deemed to have been waived, except in writing by the party charged with such waiver. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate for the future only as to the specific term or condition.
Except as provided in this Limitation of Liability Policy, neither party shall be liable for any failure to perform under their obligations to the other when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, strikes, and prolonged shortage of energy.
If, for any reason, any provision or partial provision of this Limitation of Liability Policy or the Rental Guidelines is held invalid, such invalidity shall not affect the remainder of such provision or any other provision not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.
The headings of the sections of this Limitation of Liability Policy and the Rental Guidelines are inserted for convenience of reference only and are not intended to be a part of, or to affect the meaning or interpretation of, these agreements.
In the event of a dispute arising out of this Limitation of Liability Policy or the Rental Guidelines, both parties agree to attempt to resolve any dispute by negotiation in good faith. However, if the parties are unable to resolve any dispute by negotiation, a lawsuit may be commenced in a court of law only in Kansas.
Both parties agree to waive any objection to personal jurisdiction or venue, and any right to a trial before jury, in any proceeding in these courts. The prevailing party in any dispute is entitled to all costs and expenses, including but not limited to, reasonable attorney fees and court costs, for the collection and/or enforcement of any obligation under this Limitation of Liability Policy or the Rental Guidelines, whether or not a lawsuit or arbitration is commenced.