Terms & Conditions
EQUIPMENT RENTAL AGREEMENT, LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK
This AGREEMENT is entered into between PigBBQ.ca and Customers who rent PigBQQ.ca inventory, hereinafter “RENTOR,” for the rental of any equipment or supplies including, but not limited to, barbeques, smokers, trailers, cooking utensils, and cooking fuel (hereinafter, “equipment”).
This AGREEMENT is a release of RENTOR’S right to sue for injuries, loss, or death resulting from the rental and/or use of this equipment. RENTOR expressly assumes all risks of barbeque operation and food preparation related in any way to the rental and/or use of this equipment.
RENTOR hereby acknowledges receipt of the equipment designated on the customer invoice.
RENTOR acknowledges that the equipment is in good working condition and that he or she has examined the equipment to ensure that it is free from defects.
RENTOR acknowledges that he or she will be the sole operator of the equipment.
RENTOR understands that PigBBQ.ca and its employees, owners, officers, contractors, subcontractors and agents (hereinafter “Release Parties”), shall not be held liable or responsible in any way for any injury, death or other damages to RENTOR, or his or her family, heirs, or assigns which may occur as a result of the rental and/or use of the equipment, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active.
RENTOR agrees to reimburse PigBBQ.ca for the loss or breakage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment.
RENTOR agrees to pay a $15 fee per utensil, $25 per tray, $35 per tote bin or lid, and $250 for cooler not returned or returned damaged.
I understand the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.
RENTOR AGREES CONFIRMS THAT THEY HAVE CAREFULLY READ AND UNDERSTAND THE ABOVE AGREEMENT. BY COMPLETING THE RENTAL ORDER TRANSACTION, RENTOR EXEMPT AND RELEASE PigBBQ.ca AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR REPSONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. LESSEE FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE LESSOR FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES (INCLUDING NEGLIGENCE, TORT AND STRICT LIABILITIES), DEMANDS, ACTIONS, SUITS AND PROCEEDINGS, LOSSES, COSTS, PENALTIES AND DAMAGES, INCLUDING WITHOUT LIMITATIONS, REASONABLE ATTORNEYS’ FEES AND COST (COLLECTIVELY “CLAIMS”), ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE MANUFACTURE, SELECTION, PURCHASE, DELIVERY, POSSESSION, CONDITION, USE, OPERATION, HANDLING, TRANSPORTATION OR RETURN OF THE LEASED PROPERTY. GOVERNING LAW: THIS AGREEMENT SHALL BE INTERPRETED AND GOVERNED IN ACCORDANCE TO CANADIAN LAW. THE LESSEE AGREES THE VENUE TO BE BRITISH COLUMBIA, CANADA.