Rental Agreement & Release Waiver
EQUIPMENT LEASE AGREEMENT
This Equipment Lease Agreement ("Lease") is made effective by clicking the “I agree, submit order” or similar button, between Outdoor Gear Company, LLC (DBA, Near Zero ("Lessor"), located at 1045 E. McKellips Rd. Bldg B, Mesa, AZ 85203, and the user ("Lessee"). By clicking the "I agree" button, Lessee agrees to the terms of this Lease, whether or not they have read them. Lessor may modify these terms at any time, and by clicking "I agree," Lessee accepts the updated terms.
1. Disclaimer
Lessor makes efforts to ensure accurate descriptions and prices but reserves the right to correct any errors. All prices and availability are subject to change without notice.
2. Lease
Lessor leases the equipment ("Equipment") listed in the "Cart" during checkout and on the itemized Invoice in the "Product" column to Lessee, and Lessee agrees to lease it from Lessor.
3. Shipping
Lessee agrees to pay both outgoing and return shipping charges at the time of the initial transaction unless otherwise agreed. Any deviation from Lessor's shipping arrangements may result in late fees. Lessor does not guarantee delivery times and cannot be held liable for shipping delays, lost, or damaged shipments. If the Equipment is delayed or lost during shipping, Lessor will refund the rental days the equipment was unavailable. Lessee must inspect the delivery and report any issues within 24 hours via email to support@nearzero.co.
All shipments require a signature and cannot be left at the Lessee's address without one. Lessor recommends shipping to a workplace or setting up a delivery method where a signature can be obtained.
4. Term
The Lease begins when the shipper attempts delivery or on the first rental day, whichever is later, and ends on the last rental day specified in the order receipt. The Equipment must be returned by the end of the term to avoid penalties.
5. Rent
Rent and shipping fees must be paid in full at the time of the order.
6. Late Returns
Late returns incur a maximum daily penalty of 25% of the 3-day rental rate. If the equipment is not returned within 7 days of the due date, Lessee will be charged the full replacement cost of the Equipment. Failure to pay penalties or replacement costs within 7 days will result in Default, and Lessor may pursue civil and criminal remedies.
7. Use
Lessee agrees to use the Equipment responsibly and in compliance with all laws, including public lands, fish, and wildlife regulations. The Equipment may not be transferred to others.
8. Cancellation by Lessor
Lessor may cancel any order at any time before delivery.
9. Cancellation or Modification by Lessee
Lessee may cancel the order before the Equipment is transferred to the shipper. For changes, Lessee must contact customer service at support@nearzero.co or (480) 788-8331. Cancellation penalties may apply.
10. Ownership
The Equipment remains the property of Lessor at all times. Lessee has no ownership rights.
11. Damaged or Modified Equipment
Lessee is responsible for keeping the Equipment in good condition and may not alter it. Lessee will bear the cost of repairs if the Equipment is damaged or modified, except in cases of shipping damage, which must be reported within 24 hours.
If the Equipment is damaged, Lessor will decide on the repair method and venue. Lessee is responsible for repair costs, either in-house or at a third-party facility. Lessee may also incur a cleaning fee if the Equipment requires extensive cleaning upon return.
12. Loss of Equipment
Lessee assumes the risk of loss of the Equipment during the Lease term. If the Equipment is lost or stolen, Lessee is responsible for its replacement cost. If the Equipment is not returned within 7 days after the term ends, Lessee will be charged the replacement cost.
If a dispute arises over the return of the Equipment, tracking information and receipts will be used to determine if the Equipment was returned. If the Lessee uses an unauthorized shipping method, they will be responsible for the loss.
13. Security Deposit
A $1 security deposit will be authorized on the Lessee's account at the time of rental. This deposit is fully refundable if all Equipment is returned on time, in undamaged condition, and with no missing items. If any Equipment is returned late, damaged, excessively dirty, or incomplete, Lessor reserves the right to retain part or all of the security deposit to cover associated costs. The deposit will be released within 3–5 business days of the completed return and inspection of the Equipment.
Rental Release Waiver
Customer Hold Harmless Waiver
Outdoor Gear Company, LLC (DBA Near Zero) reserves the right to deny rentals or sales to any individual at its discretion, even if all required documentation is provided and payment is accepted, to prevent fraud and ensure safety. In the event of cancellation, a refund will be issued, though cancellation fees may apply.
Customer Affidavit – Adherence to Fish and Wildlife Laws
By selecting "I Agree, Submit Order," the customer (Lessee) affirms the following:
- I will comply with all applicable fish and wildlife laws during any trip involving Near Zero equipment.
- I accept full responsibility for the replacement value of any equipment confiscated due to criminal activity or investigations involving me or those I travel with.
- I am liable for the replacement value of any Near Zero equipment lost or stolen while in my possession.
- I will inspect the equipment upon receipt and report discrepancies within one business day.
- I accept responsibility for any repair or replacement costs for equipment damaged by misuse, improper care, or environmental factors.
- I am responsible for covering the cost of repairs, replacement, or cleaning of any incidental damage that occurs during my possession, excluding shipping damages.
Release of Liability and Indemnity
Although Near Zero strives to provide quality products, it also acts as a supplier of third-party goods. The customer acknowledges that Near Zero will not be liable for any claims, damages, or breaches of warranty. Near Zero is not responsible for the accuracy of any information provided, nor for how it is used by the customer. The customer agrees to indemnify and defend Near Zero and its agents from any civil liability arising from the use of Near Zero products or information.
The customer agrees to review all manufacturer warnings before using Near Zero products and acknowledges their responsibility for how the products are used during the rental period. The customer agrees to release and defend Near Zero from any resulting liability or prosecution.
Jurisdiction
If the customer files a complaint, it will be filed in Maricopa County, Arizona, and any complaints filed elsewhere will be transferred to Maricopa County, Arizona. The customer agrees to reimburse Near Zero for any costs associated with defending the complaint or facilitating its transfer.
Governing Law
The customer agrees that Arizona law will govern all matters related to their purchase or rental and any related legal actions.
Attorney’s Fees
The prevailing party in any legal action to enforce these terms will be entitled to reimbursement of legal fees and costs.
Class Action Waiver
The customer agrees to resolve disputes individually and waives the right to participate in class or collective actions in any legal setting.
Shipping Destination Restrictions
Near Zero does not ship products outside the U.S. or to locations where shipments are prohibited by law. Orders to restricted areas will be canceled, and a cancellation fee may apply.
Tax Notice
Certain states may require sales tax to be collected due to a 2018 U.S. Supreme Court decision.
Email List
By ordering or creating an account, the customer consents to receiving follow-up and promotional emails from Near Zero. The customer can opt out at any time.
Trademarks and Copyright
All content on Near Zero’s website is protected by copyright. Trademarks and logos associated with Near Zero or Outdoor Gear Company, LLC are registered with the U.S. Patent and Trademark Office.