Rental Terms & Conditions
We've made our terms and conditions as simple to understand as possible to keep you protected.
RENTAL TERMS & CONDITIONS
Customer Health & Safety
All equipment provided by 306 Fitness Repair & Sales (the “equipment”) to the renter is used at the renter’s own risk. Before using any fitness equipment, or starting any programs of strenuous exercise, please consult your physician. The customer further acknowledges that while the functions and attributes of the equipment may be explained by 306 Fitness Repair & Sales to the customer that in no way has 306 Fitness Repair & Sales recommend the suitability of this equipment for the customer and that this advice needs to be acquired from a medical practitioner.
By entering into this agreement the renter is agreeing to waive certain legal rights, including the right to sue 306 Fitness Repair & Sales and each of its directors, officers, employees, representatives and agents (collectively, “306 Fitness Repair & Sales”).
Assumption of Risk
By entering into this agreement, the renter hereby acknowledges that:
- a) the use of the equipment exposes the renter to certain risks and hazards;
- b) as a result of the aforesaid risk and hazards, the renter may suffer serious personal injury or bodily harm;
- c) the renter nevertheless freely and voluntarily assumes all of the aforesaid risks and hazards, and the possibility of serious personal injury or bodily harm resulting therefrom, and that the use of the equipment shall be entirely at the renter’s own risk;
- d) 306 Fitness Repair & Sales does not assume any responsibility whatsoever for the renter’s safety in connection with the use of the equipment; and
- e) by entering into this agreement, the renter will be forever prevented from suing or otherwise claiming against 306 Fitness Repair & Sales for any loss or damage connected with any personal injury, bodily harm or other adverse consequence sustained or experienced by the renter.
Condition of Equipment
306 Fitness Repair & Sales exercises precaution in keeping our equipment in good condition and in correct working order prior to the usage of the equipment by the customer. The customer undertakes to return the equipment to 306 Fitness Repair & Sales in the same condition it was at the effective date of renting. Normal wear and tear is expected and accepted by 306 Fitness Repair & Sales. All equipment lost or damaged beyond repair shall be paid for by the customer at the price the equipment was being sold for at time of renting. All damaged equipment which may be repaired will be repaired by 306 Fitness Repair & Sales and the customer shall pay for the cost of such repairs.
Customer Possession of Equipment
The customer assumes all responsibility for the equipment while out of the possession of 306 Fitness Repair & Sales. The customer shall be liable for any loss, theft, damage, or destruction of the equipment regardless of who uses the equipment. The equipment shall be at the risk of the customer from the time of delivery into the possession of the customer and until collection by 306 Fitness Repair & Sales.
Penalty Charges
Penalty charges will apply to any equipment not returned on the due date without prior arrangement. These charges will be at the set standard monthly rate for the item of equipment concerned.
Payment Default
In the event of the customer being in default of payment of any rental charges, or 306 Fitness Repair & Sales deems the contract void, or payment default by the customer of any other charges of fees or any condition hereof, 306 Fitness Repair & Sales shall be entitled to forthwith rescind this agreement, with 48 hours notice to the customer, and shall then be immediately entitled to retake possession of the equipment. In the event of the cancellation by the 306 Fitness Repair & Sales of this agreement pursuant to this paragraph, the customer shall forfeit to 306 Fitness Repair & Sales any rental charges with respect to any unused period of rental.
Rent Commencement
Scheduled rental rates begin on the date the customer checks out online.
End of Rental Payments
Rental payments end on latter of: 1) the last day of the original rental term and 2) 5 business days after the renter informs 306 Fitness Repair & Sales that they wish to return the equipment. In the case that the customer terminates this agreement prior to the due date, the balance of all rentals due over the original rental term, shall immediately be paid to 306 Fitness Repair & Sales.
Renewing the Agreement
At the end of any period of rental in respect of which 306 Fitness Repair & Sales has received payment from the customer, the customer will have the option to re-rent the equipment at the same rental rate per week, provided that option must be exercised and further rental charges paid to 306 Fitness Repair & Sales before the expiry of the paid period of rental and provided that any such further rental shall in all respects be subject to the conditions of the contract as expressed in this document. Exercise of the option to renew shall be deemed to have effected on payment being received by 306 Fitness Repair & Sales by the customer.
Moving
The customer will, in the event of moving to a new place of residence (or in the case of a business, to a new place of business), notify 306 Fitness Repair & Sales prior to such change, whereupon 306 Fitness Repair & Sales shall have the option to forthwith rescind this agreement and be entitled to immediate collection of the equipment at a charge of $100.00 + GST/PST to the customer. The customer hereby warrants and undertakes that he/she will not move the equipment from the address of the customer shown on the face of this document without having first obtained the consent of 306 Fitness Repair & Sales, in writing, prior to moving the said equipment. The customer shall have sole responsibility for any damage caused during moving the equipment, regardless of any potential consent granted by 306 Fitness Repair & Sales to move the equipment.
Delivery & Setup
306 Fitness Repair & Sales agrees to doorstep deliver to the customer free of charge, subject to any delivery charges for deliveries outside 306 Fitness Repair & Sales free delivery zone. Any delivery charges will be made clear to the customer prior to purchase by the customer.
Return of Faulty Equipment
Equipment that is faulty can be exchanged with 306 Fitness Repair & Sales. If goods are faulty, 306 Fitness Repair & Sales will deliver another piece of equipment of the same or better model and collect the faulty equipment. There shall be no charge to the customer for this service, or additional charge should the replacement model be of a higher rental rate. If there is no fault with the machine the customer shall be charged $50.00 for the call-out.
Release of Liability, Waiver of Claims and Indemnity
The renter hereby acknowledges and agrees:
1.TO ABSOLUTELY AND IRREVOCABLY WAIVE ANY AND ALL CLAIMS, DEMANDS OR ACTIONS that the renter may have or may in the future have against the 306 Fitness Repair & Sales and TO RELEASE 306 Fitness Repair & Sales in connection with: any and all liability, harm, cost and expense for any and all personal injuries, loss, damage, expense or injury including death that the renter may suffer, or that the renter's next of kin may suffer resulting from or arising out of the renter's use of the equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, TORT, COMMON LAW, EQUITY OR OTHERWISE, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF 306 Fitness Repair & Sales;
2.TO HOLD HARMLESS AND INDEMNIFY 306 Fitness Repair & Sales from any and all liability for any damage to property of or personal injury to any third party, resulting from or arising out of such third party’s use of the equipment;
3.This rental agreement shall be effective and binding upon the renter's heirs, next of kin, executors, administrators, assigns and representatives, in the event of the renter’s death or incapacity;
4.This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Saskatchewan and no other jurisdiction; and
5.Any litigation involving the parties to this agreement shall be brought solely within the Province of Saskatchewan and the renter hereby attorns to the exclusive jurisdiction of the Courts of the Province of Saskatchewan.
In entering into this agreement, the renter acknowledges that he or she is not relying upon any oral or written representations or statements made by 306 Fitness Repair & Sales with the respect to the safety of the equipment, other than what is set forth in this agreement, and that he or she has had the opportunity to seek independent legal advice prior to entering into this agreement.
THE RENTER CONFIRMS AND ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THIS AGREEMENT AND IS AWARE THAT BY ENTERING INTO THIS AGREEMENT HE/SHE IS WAIVING CERTAIN LEGAL RIGHTS WHICH THE RENTER OR HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST 306 Fitness Repair & Sales. IN ADDITION, THE RENTER ACKNOWLEDGE AND AGREE THAT 306 Fitness Repair & Sales HAS RELIED UPON THE PROVISIONS IN THIS AGREEMENT THAT EXCULPATE, EXCLUDE, LIMIT, INDEMNIFY OR RELEASE EASYFITNESS FROM ANY CLAIM, DEMAND, LITIGATION, PROCEEDING, DAMAGE, LOSS, LIABILITY, HARM, COST, EXPENSE, OR INJURY THEY MAY INCUR OR SUFFER WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, COMMON LAW, EQUITY OR OTHERWISE AND BUT FOR SUCH PROVISIONS 306 Fitness Repair & Sales WOULD NOT HAVE ALLOWED THE RENTER TO USE THE EQUIPMENT.
