Camping Rental Agreement

Rent The Tent with GW Secure Parking this summer

ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION GW SECURE PARKING RENTAL AGREEMENT (“RELEASE”)

By reserving equipment from Radiance Development LLC DBA GW Secure Parking, I acknowledge and agree to the terms contained in this document.

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REPRESENTATIONS & AGREEMENT

I understand and agree that the terms of this RELEASE apply to the “USER” of the equipment defined as follows: “USER” includes the person making the reservation. “USER” also includes any adult or minor who actually uses the rental equipment. By reserving the equipment, I verify that I have the authority to enter into this Agreement on behalf of any USER other than myself, including a minor, and I agree to hold harmless and indemnify Radiance Development LLC DBA GW Secure Parking for any claims brought by or on behalf of the USER.

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USER RESPONSIBILITIES

USER agrees that USER is solely responsible for USER’S health and safety and certifies that USER has the experience, skill, and ability necessary to use the rental equipment, and that USER is in good physical health. USER agrees that USER is responsible for knowing how to properly use the rental equipment and for obtaining necessary instruction if needed. If USER believes the rental equipment is not functioning properly, USER will stop using it and will return it to Radiance Development LLC DBA GW Secure Parking. USER agrees not to misuse or abuse the rental equipment and to use caution while using it. USER will not let anyone else use the rental equipment while it is in USER’S care. USER understands how the rental product works, and any and all questions that USER has regarding the system have been asked and fully answered. USER understands and agrees that certain risks of outdoor activity may be reduced but not eliminated by taking lessons, wearing appropriate safety gear, and using care and common sense.

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PROVISION OF INFORMATION

By reserving the equipment, I agree to provide any relevant safety and usage information regarding the equipment to any USER other than myself, including any information provided to me by Radiance Development LLC DBA GW Secure Parking. USER must provide all relevant information to minors or less experienced users in their party.

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ASSUMPTION OF RISKS OF ACTIVITIES

The USER understands that any equipment provided, borrowed, or rented from Radiance Development LLC DBA GW Secure Parking is used at the USER’s own risk. USER must wear appropriate safety gear and follow all recommended safety procedures. The USER understands that the activities for which this equipment is rented are INHERENTLY HAZARDOUS and that while engaging in the activities USER may encounter or be exposed to any number of risks, hazards, and dangers – including but not limited to:

• Slips, trips, and falls
• Fractures and concussions
• Dangerous unpredictable weather
• Injuries from lack of fitness or conditioning
• Equipment failures
• Negligence by others, including other individuals engaged in outdoor recreation

As a consequence of these and other risks, the USER may be seriously hurt, disabled, or may die from the resulting injuries, and the USER’s property may also be damaged. USER understands and accepts that the above risks are inherent to the activities and agrees to assume both the inherent risks and any and all other risks of the activities and use of rental equipment (including those not listed above). Hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable in a remote setting. Radiance Development LLC DBA GW Secure Parking assumes no responsibility for providing medical care during rental, and the USER will have to pay for any medical care and/or evacuation incurred.

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RELEASE OF LIABILITY

The USER hereby RELEASES and AGREES NOT TO SUE Radiance Development LLC DBA GW Secure Parking, its employees, agents, officers, directors, and contractors, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, death, loss, or harm that occurs to the USER or to any other person or to any property related in any way to the use of the rented equipment or any other associated equipment. This RELEASE includes, but is not limited to, claims that the Released Parties were negligent including negligence in the selection, fitting, maintenance, and inspection of the equipment or failure to provide proper instruction, technical direction, or safety equipment. The release also includes claims for strict liability for abnormally dangerous activities. The USER is responsible for determining what safety equipment is needed for each activity and for having such equipment. Radiance Development LLC DBA GW Secure Parking explicitly states that this release includes any claims arising from the USER’S failure to adhere to provided safety guidelines or instructions.

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INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE

The USER promises to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims, including claims for the Released Parties’ negligence brought by the USER, a family member, or anyone else. The USER also promises to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any claims for the USER’s own negligence, and any other claim arising from the USER’s acts or omissions associated with the rental equipment. In accordance with these promises, the USER will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. The USER agrees that in the event of the USER’s death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on the USER’s estate, and the personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.

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SEVERABILITY, APPLICABLE LAW, FORUM & ATTORNEY’S FEES

The USER agrees that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION as broad and inclusive as is permitted by law. If any portion is found to be invalid or unenforceable, then the remainder will continue in full force and effect. This agreement shall be construed in accordance with the laws of the state of Washington, without any reference to its choice of law rules. Any dispute arising from this Agreement or in any way associated with the rental or related activity shall be brought only in the Superior Court of Grant County, in Washington State.

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By reserving equipment from Radiance Development LLC DBA GW Secure Parking, I accept this rental equipment AS IS and without any warranty, express or implied, beyond those in this agreement, and in the manufacturer’s written warranty, if any. I agree to return the rental in clean condition and operating properly. I will pay all late fees assessed by Radiance Development LLC DBA GW Secure Parking not to exceed the full retail value of the rental not returned to Radiance Development LLC DBA GW Secure Parking by the agreed date. I agree to be fully responsible for the care of this rental and agree to pay GW Secure Parking damages up to the full replacement value of the rental equipment for any loss or damage to the equipment (other than reasonable wear and tear), including, but not limited to, loss or damage caused by theft, destruction, misuse, or abuse.

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CANCELLATION POLICY

If you cancel 30 days or more in advance of your pick-up date or ship date, we have a “go in peace” policy…..no charge. If you cancel less than two weeks in advance of your pick-up date or ship date, we will charge you in full.

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WARRANTY WAIVER

The Equipment is provided “as-is” and “with all faults”. We make no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose), nor do we make any warranty against interference, infringement, that the Equipment is fit for your intended use, application or environment, or that it is free from defects (latent or patent). No warranties shall be deemed to exist with respect to the equipment. Your sole remedy for any failure of or defect in or with respect to any of the Equipment is termination of the accrual of rental charges at the time of failure.

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ASSUMPTION OF RISK

USER acknowledges that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. USER voluntarily assume all such risk and release and discharge Radiance Development LLC DBA GW Secure Parking and the Equipment from any and all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with Our negligence (other than Our intentional misconduct).

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RECEIPT/INSPECTION OF EQUIPMENT

USER acknowledges that USER, upon receipt of the Equipment, inspected, examined and accepted the Equipment, and that, as delivered to USER, it is safe and in good operating condition and repair and otherwise in all ways acceptable to USER.

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EQUIPMENT FAILURE

In the event the Equipment fails to start, breaks, malfunctions, becomes unsafe, or is in need of maintenance or repair, USER agrees to immediately discontinue use, notify Us, and if directed to do so, return the Equipment to Us. USER should not attempt repairs themselves and must follow company instructions for returning malfunctioning equipment.

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USE OF EQUIPMENT

The equipment is authorized for use only by You or the other members of your rental party. The Equipment is authorized for use only for its ordinary purpose (for use in your campsite).

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COMPLIANCE WITH LAWS

You agree to comply fully, at Your sole cost, with all laws and regulations applicable to the storage, use, and transportation of the Equipment.

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LOSS OR DAMAGE

USER is the insurer of the Equipment during the Rental Term. You bear all risk of loss, theft, damage, or destruction to the Equipment, regardless of cause (ordinary wear and tear expected). If the Equipment is lost, stolen, damaged, or destroyed during the Rental Term, whether or not the same is USER’s fault, You will notify Us immediately, and USER will pay Radiance Development LLC DBA GW Secure Parking the retail value of the parts and labor necessary to repair the Equipment if damaged, or its replacement cost, if lost, stolen, destroyed, or damaged beyond Our reasonable ability to repair it; and in either case, all packing, shipping, handling, storage, and other associated costs. Rent previously paid will not be applied to the above-referenced charges. USER is responsible for these costs regardless of whether the loss or damage is their fault.

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CARE OF EQUIPMENT

You must protect the Equipment against misuse, exposure to adverse conditions, and any other abuse or neglect, ensure that it remains in good operating condition, and is returned to Us at the end of the Term in the condition required.

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RETURN OF EQUIPMENT

You agree to ensure that, upon return to Us, the Equipment will be clean, free of all regulated or hazardous substances (including without limitations, substances identified as “hazardous materials” under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), and/or any other federal, state, or local laws, rules, and/or regulations purporting to deal with toxic or hazardous substances), rental-ready, and otherwise is substantially the same order condition and repair as at the Time Out, “Ordinary Wear and Tear” excepted. You agree to pay a reasonable charge for Equipment returned in any other condition. Any Equipment not returned within 3 days following Your rental dates duration will be deemed lost and You will be charged full Equipment replacement fees.

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ORDINARY WEAR AND TEAR

“Ordinary Wear and Tear” refers to the normal deterioration resulting from the proper and intended use of the equipment in accordance with the terms of this Agreement. Examples of ordinary wear and tear include, but are not limited to:

• Minor scuffs or scratches on surfaces
• Fading of fabric due to sunlight exposure
• Slight wear on tires or wheels from regular use
• Small dents or dings that do not affect the functionality of the equipment

Damage which is not considered “Ordinary Wear and Tear” (and for which you will be solely responsible) includes, but is not limited to:

• Theft or mysterious disappearance of the equipment
• Damage due to overloading or exceeding the rated capacities of the equipment
• Non-standard use or operation of the equipment without proper supports and/or safety equipment
• Improper use, misuse, abuse, or neglect of the equipment
• Accidents causing significant damage
• Intentional damage or vandalism

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REFUNDABLE DEPOSIT

Upon renting our equipment, a refundable deposit of $125.00 will be charged. This deposit will be refunded in full if all rental equipment is returned intact and in the same condition as when it was rented, accounting for ordinary wear and tear as defined in this agreement.

Damage and Replacement Costs:

• If Damage Occurs: In the event that any piece of equipment is broken or damaged beyond ordinary wear and tear, we will use the $125.00 deposit to cover the cost of replacing the damaged items.
• Replacement Cost Less Than $125.00: If the total replacement cost is less than $125.00, we will provide you with proof of purchase for the replacement items and refund the difference between the replacement cost and the deposit amount.
• Replacement Cost Exceeds $125.00: If the total replacement cost exceeds $125.00, we will provide you with proof of purchase for the replacement items and issue an invoice for the remaining balance in addition to retaining the full deposit.

Inspection Process:

• Pre-Rental Inspection: All camping equipment is thoroughly cleaned and inspected prior to your rental to ensure it is in optimal condition.
• Post-Rental Inspection: We do not conduct on-site inspections upon equipment pickup. Instead, we will perform a detailed inspection at the end of the evening after the pickup day. If any damage is discovered during this inspection, we will contact you promptly to initiate the replacement and refund/invoice process as outlined above.
• Honesty Incentive: If you inform us of any damage to the equipment prior to our post-rental inspection, we will offer a 10% discount on the total damage cost as a courtesy for your honesty.

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By reserving equipment from Radiance Development LLC DBA GW Secure Parking, I acknowledge that I have read, understand, and agree to the terms and conditions outlined in this Rental Agreement.

Radiance Development LLC DBA GW Secure Parking 206 E Van Ave George, WA 98848

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