Liability Waiver and Assumption of Risk
Acknowledgement of product rental risks and user safety responsibilities
WARNING: THIS DOCUMENT AFFECTS LEGAL RIGHTS
Read it carefully before accepting. Product rentals may involve serious injury, death, property damage, theft, financial loss, and other risks.
Do not accept this Waiver or use the Service if you do not understand and agree to it.
1. Scope of This Waiver
This Liability Waiver and Assumption of Risk ("Waiver") applies whenever you browse, request, list, pick up, transport, possess, operate, use, store, clean, maintain, deliver, or return a product through the Rent Anything Service. It applies whether you act as a Renter, Owner, or both.
This Waiver supplements the Terms of Service, User Policy, Privacy Policy, Prohibited Items List, manufacturer instructions, and any product-specific agreement. If applicable law does not permit a provision of this Waiver, that provision applies only to the maximum lawful extent.
2. Marketplace Acknowledgement
I understand that Rent Anything provides a peer-to-peer marketplace and related technology. Unless Rent Anything expressly states otherwise in writing, Rent Anything does not own, manufacture, sell, maintain, repair, inspect, certify, deliver, store, or insure products listed by users.
I understand that identity verification, catalog controls, listing requirements, photos, reviews, deposits, and handoff codes reduce certain risks but do not guarantee a user's identity, honesty, competence, ownership, insurance, legal compliance, or a product's condition or safety.
3. Inherent and Other Risks
I understand that product rentals and in-person handoffs may involve known and unknown risks, including:
· Cuts, punctures, crushing, impact, entanglement, burns, electrocution, toxic exposure, hearing loss, eye injury, falls, strains, illness, disability, or death.
· Fire, explosion, battery failure, fuel leaks, electrical faults, mechanical failure, structural failure, loss of control, or unexpected product behavior.
· Improper assembly, maintenance, repair, installation, selection, transport, loading, securing, storage, supervision, or use.
· Missing or defective guards, accessories, instructions, warnings, protective equipment, or safety features.
· Hidden defects, wear, contamination, recalled components, counterfeit parts, or inaccurate listing information.
· Traffic, parking, weather, terrain, water, heights, confined spaces, animals, bystanders, children, coworkers, contractors, or other third parties.
· Theft, vandalism, loss, late return, property damage, data loss, business interruption, fines, citations, towing, impoundment, or legal claims.
· Actions or omissions of Owners, Renters, guests, assistants, property owners, carriers, manufacturers, repairers, or other persons.
I understand that this list is not exhaustive and that risks may arise from conditions that cannot be predicted or eliminated.
4. Voluntary Participation and Assumption of Risk
I voluntarily choose to participate in product rentals and in-person handoffs. I knowingly accept and assume the inherent risks described in this Waiver and the risks created by my own decisions, conduct, lack of skill, failure to inspect, or failure to follow instructions.
I will not use or provide a product when I believe the transaction, location, person, or product is unsafe, unlawful, materially different from the listing, or beyond my training, physical ability, authorization, license, or available protective equipment.
5. Renter Safety Responsibilities
· I will inspect the actual product, included parts, condition, and safety features before entering the pickup code.
· I will review and follow manufacturer instructions, warnings, maintenance limits, age limits, load limits, and required protective equipment.
· I will obtain required training, supervision, licenses, permits, approvals, and site authorization before use.
· I will use the product only for its intended lawful purpose and will not modify it, remove guards, bypass safety devices, subrent it, or allow unauthorized use.
· I will stop use immediately if the product malfunctions, is damaged, becomes unsafe, or presents an unexpected hazard.
· I will secure the product during transport and storage and protect it from theft, weather, contamination, children, and unauthorized users.
· I will promptly report accidents, injuries, theft, loss, damage, dangerous defects, or inability to return the product as agreed.
6. Owner Safety Responsibilities
· I will list only a product that I own or am legally authorized to rent.
· I will reasonably inspect and maintain the product before each rental and will not knowingly provide a recalled, counterfeit, contaminated, illegally modified, defective, incomplete, or unsafe product.
· I will disclose known defects, prior damage, unusual hazards, missing components, repair history that affects safety, and required instructions or protective equipment.
· I will provide the actual listed product, relevant manufacturer materials, safety guards, and included accessories.
· I will refuse or stop a handoff if the product is unsafe or the transaction appears unlawful or materially inconsistent with the booking.
7. Inspection and Right to Refuse
The Renter may refuse pickup before entering the pickup code if the product is unsafe, materially different from the listing, missing disclosed components, or not in the stated condition. The Owner may refuse handoff if the Renter cannot lawfully or safely receive the product. A user who refuses a handoff should document the issue and contact Support promptly.
Entering a pickup or drop-off code records a handoff event but does not waive a timely claim concerning a concealed defect, fraud, injury, damage, or another matter that cannot lawfully be waived.
8. Release of Rent Anything
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I RELEASE AND DISCHARGE RENT ANYTHING, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUCCESSORS (THE "RELEASED PARTIES") FROM CLAIMS, DEMANDS, DAMAGES, LOSSES, OR LIABILITIES ARISING FROM THE INHERENT RISKS OF A PEER-TO-PEER PRODUCT RENTAL, THE CONDITION OR USE OF A USER-LISTED PRODUCT, AN IN-PERSON HANDOFF, OR THE ACTS OR OMISSIONS OF ANOTHER USER OR THIRD PARTY.
This release does not apply to a Released Party's gross negligence, reckless or willful misconduct, fraud, or any claim or remedy that cannot be released under applicable law. It does not release an Owner or Renter from that person's own contractual obligations, concealed defects, fraud, negligence, or legal responsibility unless a separate lawful agreement expressly provides otherwise.
9. No Product Warranty or Safety Certification
I understand that Rent Anything does not provide a product warranty, safety certification, inspection certificate, operating instruction, or professional recommendation. Search placement, catalog approval, identity verification, photos, ratings, reviews, or prior rentals do not mean that Rent Anything endorses or certifies a product or user.
10. Insurance and Medical Costs
I understand that Rent Anything does not provide insurance unless a specific written notice says otherwise. I am responsible for evaluating and obtaining health, property, renters, homeowners, commercial, vehicle, workers' compensation, general liability, equipment, or other insurance appropriate for my activity.
I am responsible for my medical expenses, emergency response costs, deductibles, uninsured losses, property damage, and other costs arising from my conduct or assumed risks, except to the extent another person is legally responsible and applicable law provides otherwise.
11. Indemnification for My Conduct
To the maximum extent permitted by law, I will defend, indemnify, and hold harmless the Released Parties from third-party claims and reasonable costs arising from my product, listing, pickup, transport, storage, use, return, User Content, violation of law or platform rules, or injury or damage caused by my conduct. I am not required to indemnify a Released Party for that party's conduct where prohibited by law.
12. No Waiver of Nonwaivable Rights
This Waiver is intended to be as broad as lawful, not broader. Nothing in it waives rights under consumer protection, product liability, personal injury, privacy, civil rights, or other law that cannot validly be waived. The enforceability of waivers varies by state and circumstance.
13. Emergency and Incident Response
1. For immediate danger or a serious injury, call 911 or the appropriate local emergency service.
2. Stop using and secure the product when it can be done safely.
3. Preserve the product, photos, messages, receipts, and other evidence relevant to the incident.
4. Report the incident to Rent Anything Support and cooperate with reasonable safety or dispute questions.
5. Do not admit liability on behalf of another user or Rent Anything.
14. Severability and Governing Law
If any part of this Waiver is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue to the extent permitted by law. This Waiver is governed by the governing-law provision in the Terms of Service, subject to mandatory law that applies to the user or transaction.
15. Continuing Effect
This Waiver applies to each use of the Service and each rental unless a later version is accepted. It survives completion of a rental and termination of an account for events that occurred while it applied.
Electronic acknowledgement
BY CHECKING THE LIABILITY WAIVER BOX, I CONFIRM THAT I AM AT LEAST 18, HAVE READ AND UNDERSTAND THIS WAIVER, VOLUNTARILY ACCEPT THE DESCRIBED RISKS, AND AGREE TO ITS TERMS. I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Contact
Rent Anything LLC d/b/a Rent Anything
Support Email: martin@rentanything.org
Website: https://rentanything.org