This Rental Agreement ("Agreement") is a binding agreement between the rental provider ("Shop" or "Host") and the renter ("Renter"). Cloudrails is a software platform that facilitates listings and reservations but is NOT a party to the rental transaction and does not process payments, handle disputes, or assume liability.
Cloudrails provides a booking and inventory display system only. All payments, deposits, fees, and disputes are handled directly between the Shop and Renter. Cloudrails does not guarantee bookings, inventory condition, or availability.
By confirming a booking, the Shop agrees to rent the listed equipment ("Inventory") to the Renter for the agreed period.
All payments (including deposits, rental fees, and additional charges) are handled directly by the Shop using their own payment methods. Cloudrails does not collect, hold, or distribute funds.
Policies for cancellations, no-shows, and late returns are set by the Shop and agreed to by the Renter at booking.
The Shop represents that the Inventory is accurately described and in usable condition. The Renter accepts the Inventory "as is."
The Renter is responsible for inspecting the Inventory at the time of pickup. By accepting the Inventory, the Renter acknowledges it is in the condition described and fit for use. Any pre-existing damage must be reported to the Shop before use. Failure to report pre-existing damage at pickup may result in the Renter being held liable for such damage upon return.
The Renter agrees to:
The Renter is responsible for any damage, theft, or loss of Inventory resulting from the Renter's use, negligence, failure to secure the Inventory, or failure to follow the Shop's stated policies. Normal wear and tear is excepted.
Use of surfboards and watercraft involves inherent risks including but not limited to drowning, collision, bodily injury, and death. The Renter voluntarily assumes all such inherent risks. The Renter expressly waives any claims against Cloudrails arising from personal injury sustained during use of rented equipment. The Renter further waives claims against the Shop arising from inherent risks of the activity, but does not waive claims arising from the Shop's gross negligence or willful misconduct.
Both Renter and Shop agree to release and hold harmless Cloudrails from any claims arising from the rental, including injury, damage, or disputes.
Both parties agree to indemnify Cloudrails from any claims, damages, or legal costs arising from their use of the platform or rental agreement.
This Agreement shall be governed by and construed in accordance with the laws of the location of the rental provider, and venue shall also be a court within such location. However, if Cloudrails or any of its affiliated entities are a named party in a legal action involving this Agreement, then this Agreement shall be governed by and construed in accordance with the laws of the State of New York, and venue shall be any court located in New York City or Long Island.
This document represents the entire agreement between the Renter and Shop.