Rentaverse and Item Owner Waiver

OWNER AGREEMENT & LIABILITY WAIVER FOR LISTING KAYAKS, CANOES, OR PADDLEBOARDS ON RENTAVERSE PLATFORM

By clicking “I Agree” or checking the box designated for acceptance, you, as an Item Owner (“Owner”), expressly acknowledge that you have read, fully understand, and agree to the following Waiver and Release of Liability (this “Waiver”) for listing your kayaks, canoes, or paddleboards, and any associated equipment (e.g., paddles, Personal Flotation Devices (PFDs), air pump, safety gear, etc.) listed for rent by an Owner (collectively, the “Rental Items”) on the web application (the “Platform”) owned and operated by Rentaverse LLC, a Vermont limited liability company (“Rentaverse”). This Waiver is a legally binding contract and an integral, material part of your agreement with Rentaverse. Rentaverse’s Terms of Service and Privacy Policy are hereby incorporated into this Waiver by reference and by clicking “I Agree” or checking the box designated for acceptance of this Waiver you hereby agree to be bound by the Terms of Service and Privacy Policy. The Rentaverse Terms of Service can be found here, and the Rentaverse Privacy Policy can be found here. 

1. Rentaverse’s Limited Role & No Insurance Provided by Rentaverse for the Benefit of Owner: Owner understands and expressly agrees that Rentaverse operates strictly as a technology-based marketplace facilitator, solely connecting owners of kayaks, canoes, or paddleboards, and any associated equipment (e.g., paddles, Personal Flotation Devices (PFDs), air pump, safety gear, etc.) with people looking to rent those items (“Renters”). RENTAVERSE DOES NOT OWN, POSSESS, INSPECT, MAINTAIN, STORE, TRANSPORT, REPAIR, SERVICE, OR PARTICIPATE IN THE PHYSICAL EXCHANGE OR USE OF ANY RENTAL ITEMS. OWNER UNDERSTANDS AND AGREES THAT RENTAVERSE WILL NOT PROVIDE ANY INSURANCE COVERAGE FOR THE RENTAL ITEMS OR FOR ANY LIABILITY WHATSOEVER ARISING FROM THEIR RENTAL OR USE. Owner is solely and entirely responsible for securing and maintaining Owner’s own appropriate, adequate, and comprehensive insurance coverage (e.g., homeowner’s, renter’s, personal property, commercial general liability, or specialized marine/equipment rental insurance) to cover any and all potential damage to the Rental Items, theft, misuse by Renters, failure of Renters to return the Rental Items, and any and all claims brought by Renters or third parties for personal injury, death, or property damage arising from the listing, rental, or use of the Rental Items through the Platform. OWNER ACKNOWLEDGES THAT OWNER IS NOT AN INSURED PARTY ON ANY OF RENTAVERSE’S INSURANCE POLICIES.
2. Owner’s Representations & Warranties:

• Owner represents and warrants that Owner is the legal owner of the listed Rental Items or possess full and unencumbered legal authority to rent such Rental Items.
• Owner represents and warrants that the Rental Items are safe, in good operable condition, accurately described, free of known defects that would pose a safety risk, and comply with all manufacturer’s specifications and safety standards. Owner agrees to inspect Owner’s Rental Items before each rental.
• Owner explicitly agrees to comply with all applicable local, state, and federal laws and regulations related to the ownership, maintenance, licensing (if required), and rental of the Rental Items.

3. Owner’s Assumption of Risk: OWNER IS AWARE AND UNDERSTANDS THAT THE LISTING, RENTING, TRANSPORTATION, AND USE OF THE RENTAL ITEMS ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. NOTWITHSTANDING THE RISK, OWNER ACKNOWLEDGES, UNDERSTANDS, AND VOLUNTARILY ASSUMES ANY AND ALL RISKS WHATSOEVER ASSOCIATED WITH LISTING AND RENTING THE RENTAL ITEMS THROUGH THE PLATFORM AND TRANSPORTING AND USING THE RENTAL ITEMS, INCLUDING, BUT NOT LIMITED TO: DAMAGE TO OR LOSS OF THE RENTAL ITEM(S); THEFT, MISUSE OR NEGLIGENT USE BY RENTERS OF THE RENTAL ITEMS; FAILURE OF RENTERS TO RETURN THE RENTAL ITEMS; FINANCIAL LOSS; AND ANY AND ALL CLAIMS BROUGHT BY RENTERS OR THIRD PARTIES FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM ANY ASPECT OF THE RENTAL OR USE OF THE RENTAL ITEMS, EVEN IF ALLEGEDLY OR ACTUALLY CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF RENTAVERSE, ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES. OWNER FULLY ACCEPTS AND ASSUMES ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE FOR THEMSELVES AND THEIR PROPERTY ARISING FROM THE RENTAL PROCESS FACILITATED BY THE PLATFORM.
4. Release of Liability (by Owner towards Rentaverse): OWNER, ON BEHALF OF HIM, HER OR ITS SELF, OWNER’S PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, DISCHARGES, AND FOREVER COVENANTS NOT TO SUE RENTAVERSE, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, DEBTS, SUMS OF MONEY, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, LITIGATION COSTS, AND COSTS OF INVESTIGATION) FOR PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, OR DEATH ARISING FROM OR IN ANY WAY RELATED TO THE LISTING, TRANSPORTATION, RENTAL, EXCHANGE, POSSESSION, OR USE OF THE RENTAL ITEMS THROUGH THE PLATFORM, REGARDLESS OF CAUSE, INCLUDING THE ALLEGED OR ACTUAL ORDINARY OR GROSS NEGLIGENCE OF THE RELEASED PARTIES. This release is intended to be as broad and inclusive as permitted by Vermont law. Owner acknowledges that Vermont law may place limitations on releases for gross negligence or willful misconduct, and this release is intended to be effective to the maximum extent permissible.
5. Indemnification & Hold Harmless (by Owner towards Rentaverse): Owner agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees, litigation costs, and costs of investigation) arising out of or related to:

• The Rental Items, including but not limited to their condition, maintenance, operation, or use by any party;
• Any actual or alleged personal injury, death, or property damage (including damage to the Rental Item itself) occurring during a rental facilitated by Rentaverse involving the Rental Item or any third party using the Rental Item;
• Owner’s breach of any terms, representations, or warranties in this Waiver, the Terms of Service, or any other agreement that Owner has with Rentaverse;
• Owner’s violation of any applicable local, state, or federal law, regulation, rule, or ordinance;
• Any dispute between Owner and a Renter or any third party arising from the rental of the Rental Items; or
• Any act or omission by Owner, including but not limited to Owner’s alleged or actual negligence or willful misconduct.

On notice from Rentaverse of an indemnifiable claim under this Section 5, Owner shall immediately take control of the defense and investigation of such claim and shall employ counsel reasonably acceptable to Rentaverse to handle and defend the same, at Owner’s sole cost and expense. Owner shall not settle any claim in a manner that adversely affects the rights of the Released Parties without the Released Parties’ prior written consent, which shall not be unreasonably withheld or delayed. The Released Party’s failure to perform any obligations under this Section 5 shall not relieve Owner of Owner’s obligations under this Section 5 except to the extent that Owner can demonstrate that Owner has been materially prejudiced as a result of such failure. Rentaverse may participate in and observe the proceedings at its own cost and expense.

6. Governing Law & Severability: This Waiver shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to its conflict of law principles. If any provision of this Waiver is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

7. Knowing and Voluntary Agreement: Owner confirms that Owner has had ample opportunity to carefully read and fully understand this Waiver, including its inherent risk assumptions, releases of liability, and indemnification provisions. Owner acknowledges that this is a legally binding document that significantly affects Owner’s legal rights, including Owner’s right to sue Rentaverse. Owner further confirms that Owner has been advised of the opportunity, and has had the opportunity, to consult with legal counsel of Owner’s choosing regarding this Waiver before accepting it. Owner is not relying on any statements or representations by Rentaverse or its representatives other than what is expressly stated in this Waiver.