foothills mtb rentals terms AND CONDITIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR RENTAL EQUIPMENT OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN RENTAL EQUIPMENT OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FOOTHILLS MTB RENTALS LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the rental of mountain bikes, Bike Racks, Fix Kits, and related products (“the Rental Equipment”) through www.foothillsmtbrentals.com (the "Site") and in person provided by Foothills MTB Rentals LLC (together, the “Service”). These Terms are subject to change by Foothills MTB Rentals LLC (referred to as “Foothills”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before renting any Rental Equipment that is available through this Service. Your continued use of this Service after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

You should also carefully review our Privacy Policy before placing an order for Rental Equipment through this Site.

1.              Rental Service. You agree that your order is an offer to rent, under these Terms, all Rental Equipment in your order. All orders must be accepted by Foothills, or we will not be obligated to provide the Rental Equipment to you. Foothills may choose not to accept orders at our sole discretion. Foothills shall retain title and ownership of the Rental Equipment at all times.

2.              Prices and Payment Terms.

(a)             All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for Rental Equipment will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your total and will be itemized in your order confirmation email. Foothills strives to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Foothills reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b)            Foothills may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c)            Terms of payment are within our sole discretion and payment must be received by us before we accept an order. Foothills uses a third-party service provider for payment services. Payment through the service provider’s platform is subject to its terms and privacy policy.

3.              Delivery; Risk of Loss or Damage.

(a)            Foothills will arrange for the pickup or delivery of the Rental Equipment to you. Foothills will contact you at the email address or phone number you provide through the Site and coordinate delivery to you at the location mutually agreed to in writing by the parties (the “Pickup Location”).

(b)            Upon pickup or delivery, you shall be responsible for any and all damage to or loss of the Rental Equipment, or any portions thereof, excluding any normal wear and tear occurring as a result of the intended use, and authorize Foothills to charge your credit card for any costs associated with the damage or loss.

4.              Use of the Rental Equipment. You agree not to use or permit the use of the Rental Equipment any Rental Equipment in an unsafe or improper manner. You agree to use the Rental Equipment in accordance with applicable law.  

5.              Installation and Use of Bike Rack. Foothills provides a rental option to rent a bike rack that can be installed on your car for bike transportation (“Bike Rack”). If you choose to rent a Bike Rack, you are responsible for installation on your vehicle and accept liability for any and all damages resulting from improper installation or use of the Bike Rack, including but not limited to any resulting damage to other Rental Equipment and damages or to third parties.  

6.              Use of Fix Kits. Foothills offers fix kits included as part of the Rental Equipment offered through the Site which include various tools to assist you in case of a flat tire (“Fix Kit”). You use Fix Kits at your own risk. If you do not use the Fix Kit, you must return it with the same contents and in the same condition as you received it from Foothills or we will charge you for a replacement Fix Kit in accordance with Section 3.

7.              Cancellations. You must provide written notice of cancellation within 48 hours of your reservation to be eligible for a full refund. Any cancellations within 48 hours of your reservation will be nonrefundable.

8.              Return. You must return all Rental Equipment to the mutually agreed upon location on the mutually agreed return date. A late charge of $100 will be applied to all Rental Equipment returned for each day late after the agreed return date. You authorize Foothills to charge your credit card for late charges assessed under this section.

9.              Links from the Site. The Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10.           Term. These Terms take effect when you access or use the Service and shall continue until you return the Rental Equipment to us or cancel in accordance with this Agreement.

11.           Manufacturer's Warranty and Disclaimers. Foothills does not manufacture any of the Rental Equipment offered through the Service. The availability of the Rental Equipment through the Service does not indicate an affiliation with or endorsement of any mountain bike, product, or manufacturer. Accordingly, Foothills does not provide any warranties with respect to the Rental Equipment offered on the Site.

ALL RENTAL EQUIPMENT AND SERVICES OFFERED THROUGH THIS SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

12.           Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE RENTAL EQUIPMENT AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

13.           Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, www.foothillsmtbrentals.com, governs the processing of all personal data collected from you in connection with your rental of Rental Equipment through the Service.

14.           Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

15.           Governing Law and Jurisdiction. This Service is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.

16.           Dispute Resolution and Binding Arbitration.

(a)            YOU AND FOOTHILLS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR RENTAL OF RENTAL EQUIPMENT THROUGH THE SERVICE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b)            The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

17.           Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

18.           No Waivers. The failure by Foothills to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Foothills.

19.           No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

20.           Notices.

(a)            To You. Foothills may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)            To Foothills. To give Foothills notice under these Terms, you must contact us as follows: (i) by electronic mail to ryan@foothillsmtbrentals.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to [INSERT NAME AND ADDRESS]. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by electronic mail or overnight courier will be effective upon receipt. Notices provided by registered or certified mail will be effective three business days after they are sent.

21.           Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

22.           Entire Agreement. Our order confirmation, these Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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