Rentaverse and Renter Waiver

LIABILITY WAIVER FOR RENTAVERSE PLATFORM USE (APPLICABLE TO ANY RENTAL OF KAYAKS, CANOES, OR PADDLEBOARDS)

By clicking “I Agree” or checking the box designated for acceptance, you, as the Renter (“you,” “your,” or “Renter”), expressly acknowledge that you have read, fully understand, and agree to the following Waiver and Release of Liability (this “Waiver”) for your use of the web application (the “Platform”) owned and operated by Rentaverse LLC, a Vermont limited liability company (“Rentaverse”), and any rental of kayaks, canoes, or paddleboards, and any associated equipment (e.g., paddles, Personal Flotation Devices (PFDs), air pump, safety gear, etc.) (collectively, the “Rental Items”) facilitated through the Platform. This Waiver is a legally binding contract and an integral, material part of your agreement with Rentaverse and applies to your use of the Platform and your rental of any Rental Items through the Platform. Rentaverse’s Terms of Service and Privacy Policy are hereby incorporated into this Waiver by this 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 Renter: Renter understands and expressly agrees that Rentaverse operates strictly as a technology-based marketplace facilitator, solely connecting owners (“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. RENTAVERSE DOES NOT OWN, POSSESS, INSPECT, MAINTAIN, STORE, TRANSPORT, REPAIR, SERVICE, OR PARTICIPATE IN THE PHYSICAL EXCHANGE OR USE OF ANY RENTAL ITEMS. RENTAVERSE IS NOT AN AGENT OF ANY OWNER OR RENTER FOR ANY PURPOSE. RENTER UNDERSTANDS AND AGREES THAT RENTAVERSE WILL NOT PROVIDE ANY INSURANCE COVERAGE WHATSOEVER FOR THE RENTAL ITEMS OR FOR ANY LIABILITY WHATSOEVER ARISING FROM THEIR RENTAL OR USE, OR RENTER’S PERSONAL INJURY, DEATH, OR THIRD-PARTY LIABILITY ARISING FROM ANY RENTAL FACILITATED THROUGH THE PLATFORM. Renter is solely and entirely responsible for securing and maintaining Renter’s own appropriate, adequate, and comprehensive insurance coverage (e.g., medical, health, accident, liability, or other personal insurance) to cover any and all potential personal injury, death, or third-party liability claims arising from Renter’s rental or use of the Rental Items. RENTER ACKNOWLEDGES THAT RENTER IS NOT AN INSURED PARTY ON ANY OF RENTAVERSE’S INSURANCE POLICIES.
2. Renter’s Acknowledgment and Assumption of Risk: RENTER IS AWARE AND UNDERSTANDS THAT THE 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, RENTER ACKNOWLEDGES, UNDERSTANDS, AND VOLUNTARILY ASSUMES ANY AND ALL RISKS WHATSOEVER ASSOCIATED WITH RENTING THE RENTAL ITEMS THROUGH THE PLATFORM AND TRANSPORTING AND USING THE RENTAL ITEMS. WITHOUT LIMITING THE FOREGOING, RENTER HEREBY FURTHER ACKNOWLEDGES, UNDERSTANDS, AND VOLUNTARILY ASSUMES THE INHERENT AND SPECIFIC RISKS ASSOCIATED WITH RECREATIONAL ACTIVITIES INVOLVING THE RENTAL ITEMS, ESPECIALLY ON OPEN WATER (SUCH AS LAKES, RIVERS, OR PONDS), INCLUDING BUT NOT LIMITED TO:

• DROWNING, NEAR-DROWNING, HYPOTHERMIA, OR HEAT STROKE.
• PERSONAL INJURY: Such as sprains, strains, fractures, lacerations, concussions, head injuries, spinal cord injuries, paralysis, or death.
• ENVIRONMENTAL HAZARDS: Sudden adverse weather changes (e.g., thunderstorms, high winds, heavy rain), strong currents, waves, tides, submerged objects (e.g., rocks, logs, debris), entanglement in weeds or ropes, or wildlife encounters.
• EQUIPMENT-RELATED RISKS: Capsizing, tipping, sinking, equipment failure (e.g., paddle breakage, hull breach, PFD malfunction, leash snapping), or difficulty controlling the watercraft.
• COLLISION RISKS: Collisions with other watercraft (motorized or non-motorized), docks, shorelines, or other objects.
• PHYSICAL LIMITATIONS & USER ERROR: Overexertion, exhaustion, cramps, dehydration, poor judgment, lack of skill, inadequate preparation, or failure to follow instructions or safety guidelines.
• RESCUE CHALLENGES: Limited or delayed access to emergency medical care or rescue services, particularly in remote or open water locations.
• LOSS OR DAMAGE TO PERSONAL PROPERTY.

RENTER UNDERSTANDS THAT THESE RISKS CAN LEAD TO SERIOUS BODILY INJURY, PERMANENT DISABILITY, OR DEATH. RENTER KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE ALLEGED OR ACTUAL NEGLIGENT ACTS OR OMISSION OF RENTAVERSE, THE OWNER, OR THE RELEASED PARTIES (AS DEFINED BELOW).

3. Renter’s Responsibilities Related to Platform Use:

• Renter agrees to use the Rentaverse platform responsibly and to strictly comply with all applicable laws and the Terms of Service.
• Renter expressly acknowledges that Rentaverse is not responsible for the condition, safety, suitability, legality, or availability of any Rental Item, or for the accuracy of listings, or for the actions, omissions, representations, or negligence of any Owner, other Renter, or third party encountered through or as a result of using the Platform. Renter is responsible for Renter’s own due diligence in selecting an Owner and a Rental Item.

4. Release of Liability (by Renter towards Rentaverse): RENTER, ON BEHALF OF HIS, HER, OR ITS SELF AND RENER’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, DIRECTORS, MANAGERS, MEMBERS, 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:

• RENTER’S ACCESS TO OR USE OF THE PLATFORM;

• ANY RENTAL TRANSACTION FACILITATED BY RENTAVERSE, INCLUDING THE SELECTION OF AN OWNER OR RENTAL ITEM;

• THE CONDITION, MAINTENANCE, DESIGN, MANUFACTURE, USE, OPERATION, OR FAILURE OF ANY RENTAL ITEM;

• ANY DISPUTE BETWEEN RENTER AND AN OWNER OR ANY OTHER THIRD PARTY ARISING FROM OR RELATED TO THE USE OF THE PLATFORM OR A RENTAL; OR

• ANY ACTS, OMISSIONS, REPRESENTATIONS, OR NEGLIGENCE OF ANY OWNER, OTHER RENTER, OR THIRD PARTY ENCOUNTERED 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. Renter 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 Renter towards Rentaverse): Renter 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:

• Renter’s use, misuse, possession, or control of the Rental Items;
• Any actual or alleged personal injury, death, or property damage (including damage to the Rental Items) occurring during a rental period or arising from Renter’s use of the Rental Item, whether to Renter, Owner, Released Parties, or any third party;
• Renter’s breach of any terms, representations, or warranties in this Waiver, the Terms of Service, any agreement with an Owner, or any other agreement with Rentaverse;
• Renter’s violation of any applicable local, state, or federal law or regulation; or
• Any act or omission by the Renter, including but not limited to Renter’s alleged or actual negligence or willful misconduct.

On notice from Rentaverse of an indemnifiable claim under this Section 5, Renter 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 Renter’s sole cost and expense. Renter 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 Renter of Renter’s obligations under this Section 5 except to the extent that Renter can demonstrate that Renter 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: Renter confirms that Renter has had ample opportunity to carefully read and fully understand this Waiver, including its inherent risk assumptions, releases of liability, and indemnification provisions. Renter acknowledges that this is a legally binding document that significantly affects Renter’s legal rights, including Renter’s right to sue Rentaverse. Renter further confirms that Renter has been advised of the opportunity, and has had the opportunity, to consult with legal counsel of Renter’s choosing regarding this Waiver before accepting it. Renter is not relying on any statements or representations by Rentaverse or its representatives other than what is expressly stated in this Waiver.