1. General; Rental Not Purchase
Before you click on the “Complete My Reservation” button, carefully read this customer rental agreement. By clicking the “Complete My Reservation” button, you are agreeing to be bound by and are becoming a party to the Agreement, which incorporates the website terms & conditions of use (available at terms & conditions). If you do not agree to all the terms of this Agreement, you will not be permitted to rent products from Burton.
2. Our Responsibility to You:
a. Shipping (Contiguous United States Only)
- Delivery to You: We will deliver the products you ordered, including the specified size and color, on or before the date for which you ordered them, except to the extent we informed you in connection with your order that the specific product was not guaranteed. Our liability to you for failure to deliver the product as ordered is limited to the timely delivery of the product as ordered or a refund of the order as determined by us. Your order will be shipped via UPS, and it will arrive by 8 pm on your selected delivery date.
- The items will be professionally cleaned and delivered ready to use. We clean and inspect each product with the utmost care.
- Return Packaging: With delivery of the product, we will provide you with a prepaid, pre-addressed return label as well as instructions for your use in returning the products to Burton ("Return Packaging"). We are not liable or responsible for personal items being sent back, nor do we guarantee reimbursement or refunds, and we are not responsible for damages or items lost in transit. If personal items are sent back to our facility, they will be held for 15 days or less from their rental order date. Reach out to the Customer Experience Team for chances of recovering personal items.
3. Your Responsibility to Us; Payment of Rental Fee; Fees for Late Returns
a. Shipping (Contiguous United States Only)
- Customers are responsible for ensuring your gear can be accepted by an adult at delivery or can be received in a secure location. The order may arrive a few days earlier than the 1st rental date as the exact shipment date can not be guaranteed. Customers are responsible for any lost or stolen gear.
- To return, place the return label on the outside of the box that your rental arrived in and drop off at any UPS location or dropbox no later than 11:59pm on your last rental day. We do not cover international shipping charges for returns. Only return shipments mailed from within the contiguous US are provided.
- The customer is reminded via email to return their item(s) the day before their last rental date. The customer will be emailed and charged $50 as well as the daily rate every day for their late return after the package is considered late. We understand that many UPS locations are not open for business on Sundays and holidays, so we would allow for a return postmarked for Monday or the day after a holiday (Thanksgiving, Christmas, Fourth of July, etc.) with no late return charge. For example, if the last day of your rental is Sunday, you must return your order to a UPS location or dropbox by 11:59pm on Monday.
b. Cancellation, Edit, and Refund Policy
- We understand that sometimes your plans change. If you need to cancel your reservation or edit your order, you can update your order from your account page or contact our Customer Experience Team via phone or emailing prior to the time your payment is processed . No refunds are available for cancellations once your payment method is processed.
c. Damaged or Lost Equipment Charges
- You will not be charged for items damaged due to normal wear. Additional charges will apply for lost or broken items. However, you will be charged the full price of any rental item that is not returned or returned with significant damage.
- If you receive rental items that are damaged prior to your use or missing, you must contact Burton immediately/on your first rental day to avoid replacement charges. Failure to notify Burton of any damage upon delivery may result in fees. All items in your order must be returned in full together. You will be charged the full price of any rental that is not returned.
- Burton will charge your card for the full cost of the rental order in accordance with the details in your Rental Cart prior to check-out. You will receive an email with the order confirmation. You may also be charged the full retail price for any item that is not returned or returned damaged.
4. LIMITATIONS OF LIABILITY POLICY
You, the person renting products from Burton herein, are referred to here as “you” and “your.” Both you and Burton collectively are referred to as “the parties.” Before renting Burton equipment, you must explicitly consent to this Limitation of Liability Policy. Any other persons involved in the activities associated with the use of Burton 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 Burton equipment.
You must be 18 years of age or older to rent Burton equipment, and you hereby acknowledge that you meet this requirement.
You acknowledge that activities that require the use of gear that Arrive rents are inherently dangerous and pose risks of significant bodily harm or death, or of property damage or theft.
You acknowledge that activities that require the use of products that Burton rents are inherently dangerous and pose risks of significant bodily harm or death, or of property damage or theft.
You acknowledge that Burton is not inducing you to participate in any particular activities or any activities at all.
You acknowledge that Burton makes no representation that any activity that uses the products that Burton rents is safe or appropriate for your particular situation.
You acknowledge that you will read all instructions for all Burton equipment, and you will also take any other reasonable steps to determine the proper use of any Burton equipment.
You acknowledge that you will not use any Burton 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 BURTON 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 BURTON 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 Burton, 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. BURTON DISCLAIMS ALL LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES.
a. Governing Law
- This Limitation of Liability Policy and all other agreements between the parties shall be construed under the laws of the State of California.
b. Entire Agreement
- 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 has been made by either party other than those expressly set forth herein. The agreement is for rental service of items, equipment, supplies
c. 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.
d. Force Majeure
- 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
g. Handling Disputes
- 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 Los Angeles County, California.
- 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.