Rental Agreement & Release Waiver
This Equipment Lease Agreement (“Lease”) is made effective upon clicking “I Agree, Submit Order” or a 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 “I Agree,” Lessee accepts the terms of this Lease. Lessor may modify these terms at any time; continued use constitutes acceptance.
Equipment Lease Agreement
1. Disclaimer
Lessor makes efforts to ensure accurate descriptions and pricing 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 to Lessee, and Lessee agrees to lease it from Lessor.
3. Shipping
Lessee agrees to pay both outgoing and return shipping at the time of the initial transaction unless otherwise agreed. Lessor is not liable for shipping delays, lost shipments, or damaged shipments caused by carriers. If Equipment is delayed or lost during shipping, Lessor will refund the affected rental days. Lessee must inspect delivery and report any issues within 24 hours to support@nearzero.co.
All shipments require a signature. Lessor recommends shipping to a workplace or using a delivery method that allows for signature confirmation.
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. 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 order.
6. Late Returns
Late returns incur a maximum daily penalty of 25% of the 3-day rental rate. If Equipment is not returned within 7 days of the due date, Lessee will be charged the full replacement cost. Failure to pay within 7 days may result in Default, and Lessor may pursue civil and criminal remedies.
7. Use
Lessee agrees to use Equipment responsibly and in compliance with all applicable laws, including public lands, fish, and wildlife regulations. 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 before Equipment is transferred to the shipper. For changes, contact support@nearzero.co or call (480) 788-8331. Cancellation penalties may apply.
10. Ownership
Equipment remains the property of Lessor at all times. Lessee has no ownership rights.
11. Damaged or Modified Equipment
Lessee is responsible for keeping Equipment in good condition and may not alter it. Lessee bears the cost of repairs for damage or modification, except for shipping damage reported within 24 hours. If damaged, Lessor will determine the repair method and venue. A cleaning fee may apply if Equipment requires extensive cleaning upon return.
12. Loss of Equipment
Lessee assumes the risk of loss during the Lease term. If Equipment is lost or stolen, Lessee is responsible for its full replacement cost. If not returned within 7 days after the term ends, Lessee will be charged the replacement cost. Tracking information and receipts will be used to verify returns. Unauthorized shipping methods make Lessee responsible for any resulting loss.
13. Security Deposit
A $1 security deposit will be authorized on Lessee’s account at the time of rental. This deposit is fully refundable if all Equipment is returned on time, undamaged, and complete. Lessor reserves the right to retain part or all of the deposit to cover costs associated with late, damaged, excessively dirty, or incomplete returns. The deposit will be released within 3–5 business days of completed return and inspection.
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 — Fish & Wildlife Compliance
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 the cost of repairs, replacement, or cleaning of any incidental damage that occurs during my possession, excluding shipping damages.
Release of Liability & Indemnity
Near Zero strives to provide quality products but 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. 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 use and acknowledges responsibility for how products are used during the rental period. The customer releases and defends Near Zero from any resulting liability or prosecution.
Jurisdiction
Any complaints will be filed in Maricopa County, Arizona. 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
Arizona law governs all matters related to this rental and any related legal actions.
Attorney’s Fees
The prevailing party in any legal action to enforce these terms is 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.
Shipping Destination Restrictions
Near Zero does not ship 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 per 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. You may opt out at any time.
Trademarks & 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.