Legal matters

Rental Agreement

Welcome to SportShare LLC’s RENTAL AGREEMENT. SportShare LLC encompasses several other terms such as (but not limited to): “SportShare”, “we”, “us” and “our.”

Prior to subscribing, renting, enlisting or proceeding in any form with any of our services you agree to have read and are in agreement with the Rental Agreement as well as our Terms and Conditions. You are not obligated to proceed with our services however you will not be able to proceed in utilizing any of our services without first clicking or submitting your agreement (by clicking “agree”). If you have any questions, comments, concerns or suggestions regarding our Rental Agreement, please e-mail to @sportshare.com and we will reply within 48 hours. Use of our booking or rental services are not permissible without first approving and submitting your approval to our Rental Agreement and Terms of Services.

Users entering this Agreement also acknowledge they are bound by State and Federal laws including any other form of legal laws or legislation and as such are required to act accordingly.

All Users must be 18 years of Age.

If a User is representing another party, such instances are permissible if you are representing a minor as their legal guardian or for a business entity from whom you have legal and provable authorization to engage in transactions, or the pursuit of transactions with SportShare LLC.

1. Disclaimers:

a. Any person or entity utilizing the SportShare platform agrees to be solely responsible for their own safety. As such, SportShare LLC and/or any of its’ affiliates shall be responsible for any injuries sustained during the use of the acquired sports instruments. Sports can be dangerous and every individual engaging in sports should only participate to the extent of their own physical capabilities. Proceeding with our services means you are in agreement with all of the contents in this Rental Agreement and agree not to pursue SportShare LLC in any legal way due to injuries sustained during the transaction period.

b. The Renter shall not engage in any illegal activity, willingly or unwillingly, with the Sporting Equipment.

c. The Renter agrees to only engage in the permissible purposes of the Sporting Goods, to the safest extent possible.

d. The Renter agrees to never put another person in danger by means of use of the Sports Equipment, whether willingly or unwillingly

e. Renter’s Due Diligence: As a renter, you agree to be in full responsibility of the equipment including the custody and proper return of the Sporting Goods; loss or damages; and to satisfy any monies owed for the transaction. Please note: the transaction shall remain open until the Host has successfully closed out the trip in the event of an ongoing claim, repair, dispute or pending resolution.

f. All Equipment shall be rendered “As-is”. This means the equipment may have some signs of usage and wear and tear. The Equipment should be fully functional and should always be inspected prior to accepting the exchange and as such you agree to a check-in inspection as well as a check-out inspection. The Renter should notify SportShare Support of any discrepancies in the Sporting Good compared to what was described or shown during the booking process and listing.

g. Any user with inappropriate behavior, regardless of being a Renter or Equipment Owner, should be reported to SportShare Support. We will then review the account with the possibility of account termination for the user in question, based on our Non-Discrimination Policy.

2. Eligibility:

a. In order to be eligible for our Rental Services, you must agree to all of our Terms and Conditions prior to utilizing our services. Once we have completed our verification process, you will then be able to finalize the booking process, including payment.

b. To list your items, you must agree to all of our Terms and Conditions prior to listing your items. Within the Terms and Conditions, you agree to adhering to the Prohibited Items list prior to submitting your items. Any item in violation with our Prohibited Items will be subject to removal. Excessive occurrences may be grounds for account termination.

3. Rental Service:

a. The Rental Service will take place at the moment of delivery till the end of the transaction once the equipment has been returned, inspected and all monies settled. As such, every transaction will have a “Daily Rate” and a “Term” or duration of time. The Daily Rate and Term are the primary factors utilized to calculate the transaction total. The Equipment Owner may choose to provide discounts to their items at which point the discount will be applied during the booking process.

b. The Renter shall only use the equipment for the purpose of Sports or for the intended use of equipment. All equipment should be treated respectfully and every equipment has its own limitations which should be, to the best extend possible, taken into account when using said equipment.

c. Pick-Ups and Returns shall be pre-set during the booking process. A transaction should not be fully booked unless a preliminary time and location have been arranged. Some modification due to travel changes or life events should also be anticipated from time to time. We urge flexibility and communication amongst all users.

d. Additional Fees may be applied with late returns, extended booking days, early termination, damages or loss of equipment.

4. SportShare Fees and Fines:

a. Daily Rate – The amount which the equipment owner sets as his/her daily price for the specified item. In some instances, a “package” or several items bundled together may be offered as one single price per day for all items. Example: If you rent a Mountain Bike and are choosing to embrace the entire look and equipment for a mountain biker (such as knee pads, elbow pads, helmet, gloves, go pro, etc.), you may order the bike a la carte as a single item, or the equipment owner may have another set price for the entire bundle of items.

b. Cancelation Fee:

At SportShare, we strive to provide a fair and transparent platform for renters and hosts to engage in rental transactions. We understand that sometimes circumstances may change, leading to the need for cancellations. To ensure a smooth experience for all users, we have established the following cancellation policy:

Cancellation Types

i. Renter-initiated Cancellations: Renter can cancel the booking up to 48 hours before the start time and receive a full refund, minus any applicable service fees.

ii. Host-initiated Cancellations:Rare Circumstances: In exceptional cases, such as unexpected property damage or host unavailability, the host may need to cancel a booking. In such instances, the renter will receive a full refund, and we will make every effort to assist the renter in finding an alternative rental option.

c. Communication and Notification

i. Renters are responsible for initiating cancellations through our platform's cancellation process. This ensures clear communication and documentation for both parties involved.

ii. Hosts should notify renters as soon as possible if any unforeseen circumstances arise that may lead to a cancellation.

d. Refunds and Service Fees

i. Refunds will be processed within a reasonable time frame after a cancellation is confirmed.

ii. Service fees paid by the renter are non-refundable, except in cases where the host initiates the cancellation.

e. Extenuating Circumstances

i. In exceptional cases such as severe weather conditions, natural disasters, or other events deemed extenuating, both renters and hosts may be eligible for refunds or alternative rental options. Each case will be evaluated individually, and decisions will be made at the discretion of SportShare

f. Review System

i. Renters and hosts are encouraged to provide feedback and review each other to maintain accountability and transparency within the community. However, reviews related to cancellations will be closely monitored to prevent unfair or biased feedback.

Please note that this cancellation policy is subject to change, and any updates will be communicated to our users in a timely manner. We recommend reviewing the cancellation policy before making or accepting any bookings on SportShare.

If you have any questions or need further clarification regarding our cancellation policy, please contact our customer support team, who will be happy to assist you.

Thank you for choosing SportShare, and we look forward to facilitating your rental experiences.

g. SportShare Fees – SportShare keeps anywhere from 25-33% of the total transaction fee, which is compromised of all fees listed above. The variance is determined by the SportShare Protection Plan coverages which are chosen by members. These fees help to fund SportShare as an organization as well as for Operational Expenses.

h. Cleaning & Tune-Up Fee – This fee may apply to items which have been used to a point where professional cleaning and/or tune up and/or a minor repair is needed. This will be determined by the equipment owner and in accordance with the initial inspection, check out inspection and check-in/check-out pictures, if applicable. If this comes to arbitration due to a dispute, SportShare will obtain a written statement from both parties and utilize the pictures provided for arbitration.

i. Extended Trip Fee: This may also be known as a “Late Fee”. This fee is set up by the Equipment Host/Owner and may be applied if the duration of the trip is extended, for whatever reason. We encourage our Hosts to be flexible towards traveling delays when scheduling deliveries and drop-offs however it is equally important as a Renter to be cognizant of everyone’s time as well.

j. No Call No Show – If a guest books equipment and does not honor the appointment by not showing up to the designated time and location and equally did not communicate any travel delays, the renter may be charged for one full day of Equipment Usage.

k. Owner Payout - Payments to the equipment owner will be made after 7 working days from the drop date as it is in the arbitration period.

5. Time Factor:

a. Bookings in SportShare will be shown as a Daily Rate. At the discretion of the Equipment Owner/Host, a Half Day may be negotiated. All time shall be referred to as Central Standard Time – USA.

b. The Transaction Period – This period refers to the point in time where the Sporting Equipment has been picked up to the renter, also known as the “check-in” to the moment where the Sporting Equipment has successfully been checked back in to the Equipment Owner/Host, also known as the “check-out”.

6. Loss or Damage:

a. All Sporting Goods rented by you, through SportShare and its’ affiliates, must be returned in the same condition as when the items were picked up and inspected. Good pictures are crucial in determining the condition of the items and we will heavily rely on these when arbitrating a claim. If it is determined, after arbitration, that the renter of said equipment has damaged the equipment at their fault, you agree that SportShare may charge your payment instrument on file for the cost of repair and/or replacement of the item. The same will apply to lost items.

i. Any Pre-Existing Conditions should be acknowledged, photographed and described in the “Additional Equipment Comments” section of the Trip Details by either the Equipment Owner/Host or the Renter, prior to the commencement of the trip and/or no later than before the first usage of the equipment. In arbitration cases, SportShare may seek additional pictures and as such, we may look at pictures from previous trips for recourse.

b. If a sporting item is damaged beyond a point of repair and/or safety concern, we will follow the same guidelines as above in point “a.”

7. Equipment Due Diligence and Maintenance:

a. SportShare relies on its Equipment Owners/Hosts and its’ affiliates equipment. As such, SportShare does not physically inspect the equipment. The burden of maintenance is placed on the Equipment Owner/Host. As such, SportShare requires some sports and sporting equipment to go through regular maintenance or due diligence. Equipment Owners/Hosts will be required to submit proof of receipt or proof of maintenance showing the item(s) are professionally inspected and confirmed as fully functional. See List of “Sporting Equipment Maintenance Requirements” in our Terms and Conditions for additional details.

8. Rental Agreement Continuity:

a. The Rental Agreement begins the day you accept all Terms and Conditions which include the Rental Agreement. SportShare LLC reserves the right to void your agreement if conduct detrimental to the community has been assessed. SportShare shall, at that point, provide you details within 10 business days of why your account was terminated.

b. SportShare LLC’s Rental Agreement is subject to change and by agreeing, you agree to being compliant to this version of the Terms and Agreement (Currently version 1.0) and any subsequent modification to the Terms and Agreements shall be sent to you for a new Agreement and Acknowledgment. If an update is made to the Terms of Agreements or any document such as the Rental Agreement, we will notify you within 48 hours of the update at which point you will need to Re- Accept in order to continue utilizing the SportShare platform.

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