Terms and Conditions

Outrigs Terms and Conditions

Last Revised 01/09/2024

 

Thank you for exploring Outrigs!

 

PLEASE READ THESE TERMS AND CONDITIONS IN ITS ENTIRETY! THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, ABILITIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO RESPECT AND ADHERE TO OUR TERMS (UNLESS YOU OPT OUT, IN WHICH YOU WILL BE REFUSED ACCESS TO USE OUR PLATFORM). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

 

1. Introduction

2. Eligibility, registration, verification

3. Fees, taxes

4. Your commitments

5. Content

6. Prohibited activities

7. Other legal matters

8. Specific terms for Clients (Renters)

9. Specific terms for Outriggers (Owners)

10. Dispute resolution

11. General provisions

 

1. Introduction

Outrigs, LLC (collectively, “Outrigs”, “we”, or “us”), provide an online recreational equipment sharing platform that connects equipment owners (“Outriggers”) with travelers and locals seeking to rent equipment (“Clients”). Outrigs is accessible online including at outrigs.com and as an application for mobile devices. The Outrigs websites, blog, mobile applications, and associated tools are collectively referred to as “the Tools”. By accessing or using the Tools, including by communicating with us or other Outrigs users, you agree to comply with, and be legally bound by, the provisions of these Terms and Conditions (these “Terms”), whether or not you become a registered user of the Tools. These Terms govern your access to and use of the Tools and constitute a binding legal agreement between you and Outrigs.

These Terms, together with the Outrigs Privacy Policy, applicable insurance terms and certificates, equipment assistance terms, and the Additional policies (together, the “Policies”) constitute the “Agreement” between you and Outrigs (each a “Party” and together, “the Parties”).

Outrigs reserves the right, at our sole discretion, to modify the Tools or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Tools. We will also update the “Last Revised” date at the top of these Terms. If these terms are not acceptable to you, your sole recourse is to stop using and accessing the Tools and close your Outrigs Account within 30 days.

 

2. Eligibility, registration, verification

Eligibility

The Tools are intended solely for persons who are 18 or older to list equipment, as an Outrigger, or book equipment, as a Client. Any use of the Tools by anyone that does not meet these age requirements is expressly prohibited.

Registration

To access certain features of the Tools, you must sign up for an account with us (an “Outrigs Account”). You can create an Outrigs Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or tool (including Apple, Facebook, and Google). When you book equipment as a Client you provide us with certain additional information about yourself. Similarly, when you list equipment as an equipment Outrigger, you provide us with certain additional information about yourself and your equipment (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Outrigs Account up to date at all times. Based on information you provide, Outrigs may impose additional requirements for you to book a rental (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). To fight spam and abuse of the Tools, Outrigs has implemented reCAPTCHA Enterprise, and your use of reCAPTCHA is subject to a separate Privacy Policy and Terms of Use.

Verification

Where permitted, Outrigs has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history, driver’s license validity, and operator’s license validity and (2) verify equipment details. Outrigs does not endorse any equipment, user, or a user’s background, or commit to undertake any specific screening process. Outrigs may in its sole discretion use third-party tools to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Outrigs to request, receive, use, and store such information. Outrigs may permit or refuse your request to book or list equipment in its sole and absolute discretion. Outrigs may, but does not commit to, undertake efforts to ensure the safety of equipment shared through the Tools. We do not make any representations about, confirm, or endorse the safety, operability, or legal status of any equipment beyond our policies that require Outriggers to ensure their equipment are in safe and operable condition, legally registered to be operated, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Consumer Report Authorization. When you attempt to book or list equipment, or at any time after where Outrigs reasonably believes there may be an increased level of risk associated with your Outrigs Account, you hereby provide Outrigs with written instructions and authorize Outrigs, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business equipment insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

 

3. Fees, taxes

Fees

The fees we charge for using the Tools and other cost structures will be itemized at checkout for Clients. You can verify the amount for your rental at checkout before you submit your rental request. Outriggers can view earnings on the Outrigger Dashboard, and learn more about earnings breakdowns in our Help Center Documentation. When you provide Outrigs a payment method, you authorize Outrigs, or third-party tool providers acting on behalf of Outrigs, to store your payment credential for future use in the event you owe Outrigs any money. You authorize Outrigs to use stored payment credentials for balances, including for Rental costs, Outrigger fees, and Client fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. Any use of referral travel credit is governed by the terms and conditions outlined in this document.

Collection of fees

Outrigs and its tool providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Outrigs, or the collection agencies we retain, may also report information about your Outrigs Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Outrigs Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Outrigs reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please submit a Request From in our Help Center or contact outrigs.help.center@outlook.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Outrigs Account, you must contact the collection agency directly.

Taxes

In certain jurisdictions, Outrigs may enable the collection and remittance of certain taxes from or on behalf of Clients or Outriggers, based on existing and future tax regulations, including marketplace facilitator or equipment sharing regulations. The amount of taxes, if any, collected and remitted by Outrigs will be visible to, and separately stated, to both Clients and Outriggers on their respective trip related documents and invoices. Where Outrigs is facilitating the collection and remittance of taxes, Outriggers are not permitted to collect the same taxes on the Tools in relation to their equipment sharing in that jurisdiction.

 

4. Your commitments

You agree that you will always use your Outrigs Account and the Tools in compliance with these Terms, applicable law, and any other policies and standards provided to you by Outrigs.

Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your Outrigs Account. Keep your Outrigs Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Outrigs Account, whether or not you have authorized such activities or actions. You will immediately notify Outrigs of any actual or suspected unauthorized use of your Outrigs Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Outrigs Account unless you have reported unauthorized access to us.

 

5. Content

Outrigs Content and User Content License. Subject to your compliance with the provisions of these Terms, Outrigs grants you a limited, revocable, non-exclusive, non-transferable license to access and view any Outrigs and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Outrigs or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Tools such as photographs of you and your equipment, reviews, feedback, and descriptions of you, your equipment, or trip. By making available any content on or through the Tools, or through Outrigs promotional campaigns, you grant Outrigs a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Tools. Except as described above with respect to Outrigs photography provided to Outriggers, Outrigs does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content

Copyright Protection. We respond to notices of alleged copyright infringement and terminate Outrigs Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.

 

6. Prohibited activities

In connection with your use of or access to the Tools, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including but not limited to:

  • Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
  • Post false, inaccurate, misleading, defamatory, or libelous content
  • Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Outrigs, or that comes from the Tools and belongs to another Outrigs user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Outrigs

Dilute, tarnish, or otherwise harm the Outrigs brand in any way, including but not limited to:

  • Through unauthorized use of the Tools and/or user content
  • Registering and/or using “Outrigs” or derivative terms in domain names, trade names, trademarks, or otherwise
  • Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Outrigs domains, trademarks, taglines, promotional campaigns, or Outrigs and/or user content

Provide or submit any false or misleading information, including but not limited to:

  • False name, date of birth, driver’s license details, operator’s license details, payment method, insurance, or other personal information
  • In relation to a claim (for example about damage to equipment)
  • By registering for a Outrigs Account on behalf of an individual other than yourself
  • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including but not limited to:

  • Fail to pay fees, penalties, or other amounts owed to Outrigs or another user
  • Fail, as either a Client or Outrigger, to timely deliver, make available, or return any equipment and optional Extras, unless you have a valid reason
  • Use the Tools to find an Outrigger or Client, and then complete a transaction partially or wholly independent of the Tools, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Tools by Outrigs (aka, gray market transactions, which do not necessarily require the exchange of money)
  • Transfer your Outrigs Account and/or user ID to another party without our consent
  • Leave equipment unlocked or running with the keys inside, except where instructed to do so directly by Outrigs in certain limited circumstances

Harm or threaten to harm users of our community, including but not limited to:

  • Harass, stalk, or defame any other Outrigs user or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Outrigger or Client in accordance with these Terms
  • Engage in physically or verbally abusive or threatening conduct
  • Use the Tools to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
  • Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Outrigs community
  • Sue or assert legal claims against Outrigs or an Outrigs user in any manner prohibited or waived by these Terms

Use the Tools for your own unrelated purposes, including but not limited to:

  • Contact another Outrigs user for any purpose other than in relation to a booking, equipment, listing, or the use of the Tools by such user
  • Commercialize any content found on the Tools or software associated with the Tools, including reviews
  • Harvest or otherwise collect information about users without their and our consent
  • Recruit or otherwise solicit any user to join third-party tools or websites that are competitive to Outrigs, without our prior written approval

Interfere with the operation of the Tools, including but not limited by:

  • Interfering with any other user’s listings
  • Using the Tools in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
  • Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-tool attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Tools, or harm Outrigs or the interests or property of others
  • Bypassing robot exclusion headers, interfering with the working of the Tools, or imposing an unreasonable or disproportionately large load on our infrastructure
  • Systematically retrieving data or other content from the Tools to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
  • Using, displaying, mirroring, or framing the Tools or any individual element within the Tools, the Outrigs name, any Outrigs trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Tools, without the express written consent of Outrigs
  • Accessing, tampering with, or using non-public areas of the Tools, our computer systems, or the technical delivery systems of our tool providers
  • Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
  • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Outrigs or any of our tool providers or any other third party (including another user) to protect the Tools
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Tools to send altered, deceptive, or false source-identifying information
  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Tools
  • Endeavoring to circumvent a suspension, termination, or closure of your Outrigs Account or the account of another Outrigs user, including, but not limited to, creating a new Outrigs Account or listing equipment affiliated with or registered to a Outrigs Account holder that has been suspended, terminated, or closed

 

7. Other legal matters

Violations. Outrigs has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

Outrigs reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Outrigs, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Tools or our community. If we believe you are abusing Outrigs, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Outrigs Account and access to the Tools, remove Outrigger’s content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Tools. Additionally, we reserve the right to refuse or terminate access to the Tools to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Outrigs Account or Outrigs Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with tool providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Outrigs is required to obtain your consent for such communications, you may choose to revoke your consent by submitting a Request Form in our Help Center or contacting us at outrigs.help.center@outlook.com.

You authorize Outrigs and its tool providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Outrigs or its agents for quality control and training purposes. You acknowledge and understand that your communications with Outrigs may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing by submitting a Request Form in our Help Center or contacting us at outrigs.help.center@outlook.com.

Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Insurance and protection plans. Outrigs is not an insurance company and does not insure Outriggers or Clients.  If Outriggers or Clients want insurance, or protection plans, they must procure these privately.  Outrigs is not liable for any damages, injuries, or lawsuits.

 

8. Specific terms for Clients (Renters)

The following sections also apply if you book equipment using the Tools:

Client commitments

As a Client, you commit that you will be a legally licensed driver or operator, if required, and provide proof to the Outrigger or via the Tools of a current, valid driver’s license and/or operator’s license. You will treat the equipment, and any applicable Extras, well and will take all reasonable measures to return the equipment, and any applicable Extras, on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the rental details as an Approved Operator to drive the equipment you booked.

Client financial responsibility for physical damage to the equipment

The Client that booked the rental (“Primary Client”) is financially responsible for all physical damage to, or theft of, booked equipment that occurs during a rental, plus any additional costs and fees resulting from damage of any kind to the equipment, regardless of who is found to be at fault. This responsibility applies whether the Primary Client has their own equipment insurance or not.

Primary Clients may be insured against damage to the booked equipment under their own insurance policies. When you book equipment on Outrigs, you agree that if any damage occurs to the booked equipment during the booked rental, you will work with Outrigs to make a claim for coverage under any policy of insurance that applies to the loss.

The Primary Client is responsible to pay out of pocket for any damages that occur during their rental period.  If the Primary Client has chosen to privately insure or protect their rental equipment, the Primary Client is still responsible to pay the difference of the damages that the insurance or protection plan does not cover.

Booking with Commercial Outriggers

Where an Outrigger can offer Clients at least legally required minimum insurance through their own commercial or rental policy, the Outrigger may provide its own policy directly to you as the Client. We refer to these Outriggers as “Commercial Outriggers.” You can determine directly in the equipment listing whether the equipment is offered by a Commercial Outrigger.

If you book with a Commercial Outrigger, no third-party equipment liability insurance, financial responsibility limitations for physical damage, or field support is made available via the Tools by Outrigs or any third-party insurance partners, brokers, or producers. The Commercial Outrigger will bill you directly for any applicable protection plan. In these circumstances, a Commercial Outrigger may require you to sign additional paperwork, provide a deposit, or pay additional fees, costs, or taxes after booking, for instance when picking up the equipment. A Commercial Outrigger may also have additional requirements that differ from Outrigs requirements (like requiring a credit card deposit). By booking equipment where a Commercial Outrigger is providing protection, you agree that the Commercial Outrigger may impose additional terms and fees after booking.

Use of the equipment

You may not access equipment until the rental start time and you must return the equipment on time and to the correct location. You must present the Outrigger with a current, valid driver’s license or operator’s license. You must exercise reasonable care in your use of the equipment. You are required at all times to operate the equipment safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Outrigs has any concern about your use of equipment, Outrigs may terminate your trip in its discretion at any time and require the return of the equipment, including recovering the equipment on behalf of the Outrigger. You are required to meet any laws or regulations concerning safety while operating equipment. You are also required to meet any laws or regulations concerning child safety and other protections for children. You must not leave the equipment unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any equipment you book through the Tools. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact us by submitting a Request Form in our Help Center or contacting us at outrigs.help.center@outlook.com.

If you misuse equipment, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Clients also acknowledge that using equipment in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Condition of the equipment and optional Additions

You understand that third parties own the equipment and optional Additions offered through the Tools. Each Outrigger is responsible for complying with all legal requirements (including ensuring the equipment is registered and insured if required) and maintaining their equipment in safe operating condition. Please complete a visual inspection before you begin your use of the equipment. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation, as described in our Help Center Best Practices, to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Outrigs, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the equipment is not safe to operate, please do not use the equipment; instead, please contact the Outrigs team immediately by submitting a Request Form in our Help Center or contacting us at outrigs.help.center@outlook.com

No responsibility for shared equipment

You acknowledge that Outrigs is not responsible and shall not be liable for the safety, operability, or legal status (e.g., whether the equipment is legally registered or the subject of a stolen equipment report) of any equipment shared via the Tools beyond our policies that require Outriggers to ensure their equipment are in safe and operable condition, legally registered to be operated, not subject to a missing or stolen equipment report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Incident reporting

You must immediately report any damage to the equipment you are using to the equipment owner, or Outrigger, and also to Outrigs by submitting a Request Form in our Help Center or contacting us at outrigs.help.center@outlook.com. If there has been a collision, you must also immediately make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide the Outrigger, Outrigs, or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by the Outrigger, Outrigs, third party claims administrators, or insurers. After an incident, you may not continue to use the equipment unless you have the explicit permission of the Outrigger and Outrigs staff. Failure to timely report an incident or cooperate in an investigation may result an additional repercussions and/or fines.

Equipment theft

The following conduct may result in the reporting of the equipment you have booked as stolen to law enforcement, possibly subjecting you and any other operator to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:

  • If you fail to return the equipment you booked at the time and place agreed upon with the Outrigger and/or designated in your reservation
  • If you do not return the equipment by the end of the reservation period and you have not properly obtained an extension of the reservation through the Tools as set forth here
  • If the equipment is returned to any place other than the return location on the reservation or agreed upon with the Outrigger. Any damage to, or loss or theft of, equipment occurring prior to the Outrigger inspecting the equipment upon return at the end of the reservation is the Client’s responsibility
  • If you misrepresent facts to the Outrigger pertaining to booking, use, or operation of equipment
  • If the equipment’s components are stolen or damaged or the equipment itself is stolen or damaged when the equipment is left unlocked or running or unattended with the keys not secured during reservation period
  • If you fail or refuse to communicate in good faith with the Outrigger, police, Outrigs, or other authorities with a full report of any accident or vandalism involving the equipment or otherwise fail to cooperate in the investigation of any accident or vandalism
  • If the equipment is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license or operator’s license becomes invalid during the reservation period, who has obtained the keys without permission of the Outrigger, or who misrepresents or withholds facts to/from the Outrigger or Outrigs material to the booking, use, or operation of equipment

The primary Client who books the reservation is responsible for any private investigation costs Outrigs deems necessary to recover equipment that is not returned. In addition, a $500 case administration fee will be imposed on the primary Client if Outrigs and/or the Outrigger has to report equipment as stolen to law enforcement due to it not being returned.

Repossession. Outrigs, a hired agent of Outrigs, or the Outrigger may repossess any equipment booked through the Tools without demand, at the Client’s expense, if the equipment is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Equipment. If equipment you have booked through the Tools goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the Outrigger, file a police report immediately after discovering the equipment is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with the Outrigger, law enforcement, Outrigs, and other authorities in all matters related to the investigation.

 

Specific terms for Outriggers (Owners)

The following sections also apply if you share your equipment through the Tools:

Outrigger commitments

As an Outrigger, you commit that you will provide safe and legally registered equipment, with current licensing, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such equipment on time but only to a Client who is listed on the Tools as an Approved Operator for the trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a Client. You will not cancel a booking for the purpose of seeking a higher price from a Client. You will not offer any equipment or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any equipment that is the subject of a missing or stolen equipment report. You will not offer any equipment that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer equipment that is not legally operational (i.e., without current registration) in the location where it is shared and it will not have any illegal modifications to any part of the equipment. You will remove any firearms or other weapons from your equipment prior to providing it to a Client. You will repay loans related to your Outrigs business on time and in full.

Information given at registration

When you sign up for Outrigs, you will identify equipment that you want to list for sharing through the Tools. Each piece of equipment must meet the requirements found here. You may only use the Tools in connection with equipment that you own or otherwise have all the necessary rights and permissions to share for compensation.

Listing only on the Tools

Except for equipment listed by Commercial Outriggers, any equipment you list on the Tools must be exclusively listed on the Tools. You cannot list any equipment you intend to share on the Tools on any other equipment sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the equipment from the Tools, account closure, or other action, in Outrigs’ sole discretion. This does not limit Commercial Outriggers’ (as defined below) ability to maintain their own rental equipment business or prohibit equipment from being listed on their rental platform.

Outrigs photography

Outrigs may offer Outriggers the option of having photographers take photographs of their equipment and/or Outriggers with their equipment (“Images”). You alone are responsible for using the Images in connection with your Outrigs listing and you agree that you will cease using the Images if they no longer accurately represent your equipment. You agree that Outrigs is the sole and exclusive Outrigger – or exclusive licensee, as allowed by applicable law – of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Outrigs’ ownership or registration thereof. You acknowledge that Outrigs may use the Images for adver0tising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Outrigs photography program, you agree that you will not use the Images in connection with sharing your equipment on any platform, website, or application other than Outrigs. At Outrigs’ request, you will execute documents and take such further acts as Outrigs may reasonably request to assist Outrigs to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Equipment availability

Once a trip is booked, you must make the equipment available or deliver the equipment as expected by the Client. If you offer the Client the option to pick up your equipment at a persistent specified location, you must supply the location of the equipment accurately to Outrigs and ensure that the equipment is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective Client has a current, valid driver’s license or operator’s license before you provide the Client your equipment, and ensure the driver’s license or operator’s license matches the name on the reservation and that the person picking up the equipment appears to match the photograph on a facially valid driver’s license or operator’s license.

Pricing, earnings, and payments

You will have the ability to set and revise the equipment’s pricing as you choose. Outrigs will pay you the amount collected from Clients that book your equipment, less the applicable fees payable to Outrigs. A description of fees can be found our Help Center. To the extent you owe Outrigs or any third party lender money for any reason, Outrigs also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Payment Processing. Payment processing tools are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms”).  When you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Outrigs enabling payment processing services through Stripe, you authorize Outrigs to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your equipment. You further agree to provide accurate and complete information about you and authorize Outrigs to share it, and transaction information, with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Outrigs reserves the right to switch payment processing vendors at its discretion.

Delivery; personal equipment sharing regulations

Delivery of equipment outside of city limits is not subject to local sales taxes.  Taxes are determined by the location the equipment is transferred.  Outriggers are responsible for paying all taxes on transactions and rentals based upon the location of the transaction.  For more information on taxes please visit our Help Center.

Maintenance

You are required to regularly check your equipment for any defects in its operations or safety. You promise that, at all times, your equipment will be in safe and operable condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list equipment with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your equipment to be booked. In addition, if Outrigs believes that your equipment does not conform to reasonable standards, Outrigs may notify you and reserves the right to remove or decline listing your equipment until its concerns have been resolved. Outrigs may, but does not commit to, undertake efforts to ensure the safety of equipment booked through the Tools. Learn more about our equipment eligibility requirements in our Help Center.

Reporting equipment damage

If you believe that a Client has caused any damage to your equipment, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage. Based on the investigation, Outrigs or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period. If it was, you will be reimbursed by the Client for the loss. If Outrigs is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Outrigs or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline to require any reimbursement from the Client.

Missing equipment

If you selected a protection plan via the Tools and your equipment goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the Outrigger, must immediately contact an Outrigs representative and follow his or her instructions, including cooperating with Outrigs, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Outrigs to file a police report, you must do so within 24 hours of receiving those instructions.

Additional terms for Commercial Outriggers

As a Commercial Outrigger, you acknowledge and agree that you shall receive no protection or coverage from Outrigs or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured operator coverage, PIP or any similar coverage or indemnification, field support, or trust and safety support as part of a booking of your equipment when you have chosen to provide your own commercial rental insurance. You shall add Outrigs as an additional insured on all applicable equipment and excess liability policies. These provisions replace and supersede any representation made by Outrigs, or those acting on behalf of Outrigs, including but not limited to statements made on the Tools, these Terms, Help Center, Policies, emails, and/or marketing materials, concerning protection plans, insurance, and field support otherwise offered to Outrigger and Clients when the Outriggers do not decline protection via the Tools.

Outrigs reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial equipment rental company and have the ability to offer commercial equipment rental insurance to Clients/operators of your equipment when you choose to decline protection. If Outrigs has any concerns in this regard, you agree that Outrigs can automatically, and in its sole discretion, default all of your equipment to a protection plan of our choice, along with its associated fees (if offered in your region), remove your listings, or suspend your Outrigs Account.

If you lose the ability to offer commercial rental insurance to your Clients (for example, your policy has been canceled or nonrenewed), you must immediately change the status of your equipment. If the change is temporary, you can block those dates on the calendar for your equipment. Never let a Client pick up equipment or continue to use equipment without providing them insurance coverage.

You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise Clients with hidden costs or requirements at pick-up. Outrigs reserves the right, in its sole discretion, to default your equipment to a protection plan of our choice, remove your listings, or suspend your Outrigs Account for failure to be transparent with Clients about fees, costs, and requirements in your equipment listing page.

You acknowledge that the actual damages likely to result from your breach of this section are difficult to estimate accurately and would be difficult for Outrigs to prove with certainty. You will pay Outrigs USD$5,500 per breach in liquidated damages to compensate Outrigs for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty.

You shall defend, indemnify, and hold Outrigs, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your Clients or their authorized operators, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any equipment, including without limitation, any equipment damage, personal injury or property damage where you have declined a protection plan made available via the Tools or one is not available in your region.

 

10. Dispute resolution

Dispute resolution for Outriggers and Clients

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND OUTRIGS HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Tools, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for Outriggers and Clients.

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and Outrigs agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at outrigs.help.center@outlook.com . Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Outrigs. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA’s website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Outrigs shall not be disclosed to the arbitrator.

Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see “Arbitration procedures” below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.

Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Outrigs (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes,” “claims,” and “controversies” shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Outrigs, including but not limited to: (1) your use of the Tools, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Tools, and anything sold, offered, or purchased through the Tools (such as booking, listing, or sharing equipment). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate.  For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate

The only exceptions to this Agreement to Arbitrate are as follows:

Disputes or claims that can be brought in small claims court

Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or Outrigs may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Outrigs user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375, and Outrigs will cover any additional fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and Outrigs will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.

Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure. IF YOU ARE A NEW OUTRIGS USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO OUTRIGS.HELP.CENTER@OUTLOOK.COM (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST RENTAL ON OUTRIGS AS A CLIENT OR OUTRIGGER, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Outrigs Account to outrigs.help.center@outlook.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Phoenix, Arizona.

Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Outrigs makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Outrigs prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Outrigs, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.

Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona. The Parties agree that the substantive law of the state of Arizona will apply to any such claim or dispute without regard to conflict of law provisions.

Prohibition of class and representative actions and non-individualized relief.

THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.

 

11. General provisions

Termination

You may discontinue your use of the Tools at any time and Outrigs may terminate your access to the Tools and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Tools will not release a Party from any obligations it incurred prior to the termination and Outrigs may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No equipment transfer or assignment

Except as otherwise provided herein, Clients and Outriggers agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in equipment or optional Extras shared through the Tools.

Disclaimers

OUTRIGS PROVIDES TOOLS THAT ENABLE THE SHARING OF EQUIPMENT AND OPTIONAL EXTRAS BETWEEN OUTRIGGERS AND CLIENTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, OUTRIGS DOES NOT ITSELF PROVIDE EQUIPMENT SHARING, RENTAL TOOLS, AND/OR INSURANCE TOOLS AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS TOOLS, THE MANUFACTURER OF THE EQUIPMENT OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF TOOLS (E.G. IN-EQUIPMENT GPS OR OTHER SYSTEMS). THE TOOLS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, OUTRIGS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Outrigs makes no warranty that the Tools, including, but not limited to, the listing and/or any equipment or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Outrigs makes no warranty regarding the quality of any listings, equipment, Outriggers, Clients, Extras, the Tools, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Tools. No advice or information, whether oral or written, obtained from Outrigs, Outrigs Insurance Agency, or its tool providers or through the Tools or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST OUTRIGS AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “OUTRIGS PARTIES”) AND ANY OUTRIGS USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) EQUIPMENT AVAILABILITY (E.G., EQUIPMENT NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH EQUIPMENT (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH EQUIPMENT), (3) EQUIPMENT WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE EQUIPMENT), (4) THE LEGAL OR LICENSE STATUS OF EQUIPMENT, OUTRIGGER, OR CLIENT, (5) THIRD PARTY ASSESSMENTS OF EQUIPMENT’S VALUE, OR (6) ANY ACTION OR INACTION OF AN OUTRIGGER OR CLIENT.

YOU AGREE THAT NEITHER OUTRIGS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TOOLS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, TOOL INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR TOOLS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE TOOLS (INCLUDING LISTING OR BOOKING OF ANY EQUIPMENT OR OPTIONAL EXTRA VIA THE TOOLS), OR (3) INABILITY TO USE THE TOOLS.

Except for our obligations to pay amounts to applicable Outriggers or Clients pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Outrigs Parties’ aggregate liability arising out of or in connection with the Agreement or your use of the Tools, exceed the greater of (1) the amounts you have paid or owe for bookings via the Tools as a Client in the twelve month period prior to the event giving rise to the liability, or if you are an Outrigger, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY OUTRIGS USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE TOOLS UNLESS (1) YOU ARE AN OUTRIGGER WHO HAS DECLINED A PROTECTION PLAN VIA THE TOOLS AND ARE MAKING A CLAIM AGAINST A CLIENT WHO BOOKED EQUIPMENT FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE CLIENT, OR (2) YOU ARE A CLIENT WHO BOOKED EQUIPMENT FROM AN OUTRIGGER WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE TOOLS AND SUCH OUTRIGGER OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/OUTRIGGER.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, 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.”

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OUTRIGS AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold Outrigs and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Tools, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Tools, or (5) your booking of equipment or creation of a listing for equipment. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of equipment or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Outrigs and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Outrigs to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Outrigs domains, trademarks, or taglines without Outrigs’ express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Outrigs Parties or a Outrigs user in any manner prohibited or waived herein, (4) as an Outrigger, sharing your equipment via the Tools with expired registration stickers or without current registration paperwork in the equipment, (5) as an Outrigger, offering any equipment that is the subject of a missing or stolen equipment report, (6) as an Outrigger, offering any equipment or releasing equipment to a Client that is not operational or is otherwise in an unsafe condition, (7) as an Outrigger, cancel or modify a trip to manipulate the price or potential earnings for equipment, or (8) creating or using a Outrigs account that has the effect of circumventing Outrigs’ suspension, termination, or closure of another Outrigs account. You will pay Outrigs $5,500 per breach in Liquidated Damages to compensate Outrigs for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Outrigs and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Not an equipment rental company

Outrigs is not an equipment rental company. It does not own a fleet of equipment, and is not in the business of renting equipment to the public. Outrigs provides an online platform where equipment Outriggers and those in need of equipment can meet and share equipment amongst themselves subject to these Terms.

Rounding off

Outrigs may, in its sole discretion, round up or down amounts that are payable from or to Outriggers or Clients to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.

Translations

Where Outrigs has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.

Governing law

The parties agree that the substantive laws of the state of Alaska apply to these Terms and the Agreement without regard to conflict of law provisions.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

Outrigs does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Outrigs and Outrigs will not make commitments on your behalf, except as contemplated by the Tools or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and Outrigs concerning your access to and use of the Tools and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your equipment on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Outrigs. You will remain responsible for your obligations hereunder in any event. A Outrigs Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.

© Outrigs. All Rights Reserved.