Terms of Service

Effective Date: April 2, 2017

These Terms of Service constitute a legally binding agreement between you and Catchbright, LLC, doing business as Last Minute Gear, governing your use of www.lastmingear.com (“lastmingear.com,” “Last Minute Gear” or the “Site”). The use of the term “we” incorporates anyone working on Last Minute Gear’s behalf, including its owners, employees, managers, agents, contractors, attorneys and volunteers.

By checking the box “I agree to the Terms of Service” in initiating a request or accessing and using any part of the Site, or sending an email confirming that you agree to the Terms of Service, you agree to be bound by these Terms of Service.

Internet technology, and the applicable laws, rules and regulations change frequently. Last Minute Gear reserves the right to make changes to these Terms of Service at any time. Continued access and/or use of the Site in any manner constitutes assent to any new Terms of Service provisions that may be posted on lastmingear.com.

1. Last Minute Gear

Last Minute Gear rents and delivers equipment and gear, specializing in last minute services.

2. Eligibility

Use of Last Minute Gear is limited to individuals who are 18 years of age or older. In initiating a Rental Request with lastmingear.com, you represent and warrant that you are at least 18 years old and that all information you submit is accurate and truthful.

3. Accounts

Users do not need an account to access Last Minute Gear at this time.

4. Definitions

User: Anyone who accesses the Site for any purpose whatsoever.

Renter (also referred to as “You”): A User who submits a Rental Request to rent Item(s) on lastmingear.com.

Delivery Time: Either (1) the date and time window when the Renter would like the Item(s) to be delivered. Renter agrees that delivery can be made at the address provided, following any provided instructions, at any time within the window specified (e.g., if the window is 1pm - 5pm, our delivery agent should be able to come at any time after 1pm and before 5pm); or (2) the date and time window when the Renter would like to pick up the Item(s) from Last Minute Gear. Renter agrees that he or she will pick up the Item(s) at any time within the window specified at an address to be coordinated in writing between Last Minute Gear and the Renter.

Pickup Time: Either (1) the date and time window when the Renter would like the Item(s) to be picked up. Renter agrees that delivery can be made at the address provided, following any provided instructions, at any time within the window specified (see example above); or (2) the date and time window when the Renter would like to return the Item(s) to Last Minute Gear. Renter agrees that he or she will return the Item(s) at any time within the window specified at an address to be coordinated in writing between Last Minute Gear and the Renter.

Item: The physical item requested for use as part of the Rental Request.

Rental Request or Request: The entirety of a Rental Request, entered at lastmingear.com and consisting of:

  • All of the Item(s) desired (e.g., 2-person tent) and any detailed product specifications desired (e.g., 2-person tent that is blue);
  • The Delivery Time, and address and optional instructions for delivery (if Renter would like to get the Item(s) delivered by Last Minute Gear);
  • The Pick Up Time, and address and optional instructions for pick up (if Renter would like to get the Item(s) picked up by Last Minute Gear);
  • Renter’s email or phone; and
  • Payment for the Item(s).

5. The Rental Process

Because we operate a last minute business, our agents need to fulfill many Requests within a narrow time window. Once a Request has been submitted, it cannot be changed or canceled by the Renter without penalty.

In order to ensure that the process works as smoothly as possible, Last Minute Gear recommends that the Renter:

  • Carefully review Rental Requests before submitting;
  • Build in adequate buffer for Delivery Time to inspect the items (e.g., if the Delivery Time window is 1pm - 4pm, and our delivery agent arrives at 3:50pm, Renter should still have time to do a thorough inspection, if he/she so chooses);
  • Build in adequate buffer for Pickup Time (e.g., in case of a late return home); and
  • Write clear and specific instructions for delivery and pick up, as needed.

We understand that, at times, extreme circumstances will arise. If there is an emergency and you need to cancel or change a Request, email us before the Delivery Time. If there was an emergency that caused you to miss a delivery or pick up, email us as soon as you are able. We can be reached at [email protected] Per our evaluation of the circumstances, we may waive penalties.

At any point in the Rental Process up until the Renter has completed picking up his or her gear Item(s) (e.g., when the Request is made, when the Renter arrives to pick up), we reserve the right to refuse service and cancel the Request for any reason.

a. Confirming the Rental Request. Once a Renter submits a Rental Request at lastmingear.com, Last Minute Gear will, generally within one day, confirm receipt of the Request and, for each Item, confirm that it will be fulfilled or canceled.

Cancellation will occur in rare instances where a Renter’s detailed product specifications cannot be met. To avoid such cancellations, we recommend the Renter only enter product specifications that are absolutely necessary. For example, if a Renter requested a tent and specifies only a “blue tent”, then the Request may be canceled if we do not have a blue tent to rent, even if we have a green tent otherwise available. If we need to cancel Item(s), we will provide a 100% refund to the Renter for the cost of that Item.

If you did not receive a confirmation (and you have checked your spam folder), email us at [email protected]

b. Cancellation Policy. If a Renter decides to cancel either individual item(s) or the entire Request, he/she shall be subject to the following:

  • For Requests or individual Item(s) canceled more than 24 hours in advance of the Delivery Time, Renters shall be entitled to a full refund of all payments received by LMG for the Request or Item(s) cancelled, less the nonrefundable reservation processing fee (defined when ordered)
  • For Requests or individual Items canceled with less than or equal to 24 hours in advance of the Delivery Time, Renters shall forfeit 100% of all payments received by LMG for that Request or individual Item(s)
  • In certain cases, a longer cancellation policy may be required by LMG (e.g., for large group orders, holiday weekends, etc.). In this case, the hours in advance of the Delivery Time for which Renters shall be entitled to a full refund will be described by LMG in writing
  • As of August 2017, LMG is offering cancellation without penalty for Requests where Delivery Time is during regular store hours and Renter is picking up in-store. However, this does not apply during holiday weekends.

If the entire Request is cancelled, applicable refunds are generally processed within 3 days of notice of cancellation. If individual item(s) are canceled, applicable refunds are generally processed within 3 days of the end of the Request (the Pickup Window).

c. Changes to Rental Request. If a Renter decides to modify the product specifications of any Item(s) in a Request before the Item(s) have been delivered (e.g., he/she wants to specify a 2-person tent with rainfly and vestibule), Delivery Time, Pickup Time, delivery instructions, pickup instructions, etc., Last Minute Gear will make every attempt to honor the Request. If we cannot accommodate the change(s), we will notify the Renter immediately. If the Renter then decides to cancel all or part of Request, Renter will be responsible for the Cancellation Fees in accordance with the policies outlined above in Section 5.b.

To make any changes to the Rental Request, please visit your Request dashboard, or respond to your confirmation email, or email [email protected]

  • Additional Item(s) added during Delivery Window shall be charged at an agreed-upon rate (given our pay-what-is-fair model)
  • If Renter decides to add a delivery or pickup service, these will be subject to the availability of Last Minute Gear to make such changes. Approved delivery or pickup service(s) are charged at quoted rate from Last Minute Gear (either verbally or in writing or automatically online)

Changes that result in additional charges may be paid for either via Renter's existing card or other methods negotiated at time of change (e.g., cash if during the Delivery Window). All changes (e.g., addiitonal Item(s) or delivery or pickup service(s) will be subject to the same terms and conditions of these Terms of Service).

d. Delivery and Pickup. All exchanges must be facilitated in person. The Renter may, however, specify a person other than himself or herself to facilitate the exchange (e.g., a friend, doorman or company receptionist). Due to security issues, if a Renter elects for Last Minute Gear to deliver and pick up the Item(s), we cannot leave Item(s) in, nor can we pick up Item(s) from, lobbies or doorways or any other non-manned location. Similarly if a Renter elects to pick up and return the Item(s) to Last Minute Gear himself or herself, the Item(s) cannot be left in a non-manned location.

Any Request that implies that Item(s) are to be left in an unmanned location will need to be modified by the Renter. If unable to specify an exchange in accordance with these policies, Renter may then cancel in accordance with Section 5.b.

  • Delivery by Last Minute Gear: If our agent is not able to successfully deliver Item(s) within 10 minutes after arrival at the specified address, the Renter may then coordinate a new time (before the Pickup Time) to either: 1) pick up the Item(s) himself or herself from Last Minute Gear, or 2) have Last Minute Gear re-attempt delivery. Each additional delivery attempt will be priced based on location by Last Minute Gear.
  • Pickup by Last Minute Gear: If our agent is not able to successfully pick up all the Item(s) within 10 minutes after arrival, the Renter may then coordinate, subject to the late fee outlined below, a new time within 3 days of the original Pickup Time to either: 1) return the Item(s) himself or herself to Last Minute Gear, or 2) have Last Minute Gear re-attempt pickup. Each additional pickup attempt will be priced based on location by Last Minute Gear. Renter is responsible for a late fee of $10 per Item per day for each day that Item(s) are not returned after the original Pickup Time. After 3 days, the Renter will be responsible for the full replacement cost(s) of any Item(s) still outstanding.
  • Pickup by Renter (at the Delivery Time): If Renter does not pick up the Item(s) within the Delivery Time, the Renter may then coordinate a new time (before the Pickup Time) to either: 1) pick up the Item(s) himself or herself from Last Minute Gear, or 2) have Last Minute Gear deliver the items. Each delivery attempt will be priced based on location by Last Minute Gear.
  • Return by Renter (at the Pickup Time): If Renter does not return the Item(s) within the Pickup Time, the Renter may then coordinate a new time, subject to late fees outline below, within 3 days of the original Pickup Time to either: 1) return the Item(s) himself or herself to Last Minute Gear, or 2) have Last Minute Gear pickup. Each pickup attempt will be priced based on location by Last Minute Gear. Renter is responsible for a late fee of $10 per Item per day for each day that Item(s) are not returned after the original Pickup Time. After 3 days, the Renter will be responsible for the full replacement cost(s) of any Item(s) still outstanding.

In all instances where the Item(s) were not delivered in accordance with the original Delivery or Pickup Times and a new time must be coordinated for either Renter to pickup or return or Last Minute Gear to re-attempt delivery or pickup, this new time will be subject to the availability of Last Minute Gear. Last Minute Gear makes all attempts to work with the Renter on a viable new time, but in cases where this is not possible, the request may be treated as a cancellation by Renter as outlined in Section 5b. For example, if Renter requests delivery between 3pm and 5pm, and Last Minute Gear arrives at 4:30pm, waits until 4:45pm, is unable to make delivery and leaves, and then Renter and Last Minute Gear are unable to coordinate another time because Renter's trip begins at 7pm and Last Minute Gear is occupied with other rental requests until 7pm, then this request will be treated as a cancellation by Renter as outlined in Section 5b. In another example, if Renter requests pickup between 10 and 11am, and Last Minute Gear arrives at 10:30am, waits until 10:45am, is unable to pick up and leaves, and then Renter and Last Minute Gear are unable to coordinate another time within 3 days, then Renter will be responsible for replacement cost of Item(s). For delivery and pickup attempts by Last Minute Gear, if no special instructions are provided, or if instructions could not be carried out successfully, our agent will attempt to contact the Renter by phone. At this time, all Item(s) rented must be delivered or picked up together from one location. However, the delivery address can be different than the pickup address.

e. Inspection of the Item(s). We encourage the Renter to inspect Item(s) received. Once the Renter leaves with the Item(s) if s/he is picking up, or 3 hours have passed since the Item(s) have been delivered to the Renter, the Renter assumes responsibility of the Item(s) in accordance with Sections 6 and 7 below.

If the Renter:

  • Demonstrates or documents that any of the Item(s) are damaged to the extent that they are unusable, Last Minute Gear will first try to find replacement Item(s) and deliver such Items without additional cost. If replacement Item(s) cannot be found, we will cancel the Item(s) and refund the amount paid for the canceled Item(s); or
  • Demonstrates or documents that any of the Item(s) are damaged but still usable, the Renter has a choice: s/he may use the Item(s) with the understanding that Last Minute Gear will not charge fees to repair the damage that was demonstrated and documented (does not extend to any non-demonstrated and non-documented damages, which will be assumed to be new and dealt with in accordance with Section 8), or s/he may choose to receive replacement Item(s) in the same manner as describe in the previous bullet
  • Decides that Item(s) are no longer needed for reasons unrelated to the condition of the Item(s), the Request will be treated as a cancellation with less than 24 hours notice in accordance with Section 5.b.

If the Renter is picking up gear in person, damage must be demonstrated (i.e., shown live) to the LMG agent helping the Renter with the gear request. The LMG agent will stand by for up to 1 hour, upon request, for the Renter to sufficiently inspect the Item(s).

If the Renter is receiving delivery from LMG, s/he must provide photographic documentation of damages (sent to [email protected]) because the courier agent is likely not affiliated with LMG and does not have the expertise to assess damages (i.e., showing damages to the courier agent is insufficient). The courier agent is also not under any obligation to wait for the Renter to complete his or her inspection of the Item(s).

f. Payment Authorization. For all Rental Requests processed through the Site, You authorize Last Minute Gear to process all fees for services and Items selected by You during the checkout process. For any in-kind transactions requested by You, such transactions shall be subject to a separate written agreement between the parties.

g. Deposit. Deposits are required on a per-item basis for any rental requests lasting longer than 14 days. There may be other special instances in which we will charge a deposit on a per-item basis due to the high probability of irreparable damage to or loss of gear rented. For example, deposits are required for rental requests that overlap the Burning Man period, even if you are not planning to take the gear to Burning Man because we cannot verify where you are going. Any LMG staff member has the right to ask for a deposit for item(s) before you leave the store.

Deposits shall be fully refunded if items are returned in the same order and condition in which they were received, in accordance with Section 8. If Renter incurs additional fees, such as repair, replacement, restoration, or re-pickup fee, etc., Last Minute Gear may deduct up to the full amount of the deposit to cover these fees. If the deposit is not enough to cover the additional fees, Renter shall be responsible for the remainder of costs incurred to repair, restore, or replace damaged Item(s).

h. Product ID Tags. All rental items have a Product ID tag with a numeric ID. It is imperative that the ID tag is not removed. If it accidentally falls off, please inform us ASAP. (If you receive an item without this, please let us know immediately.) The ID tags keep track of which Renter rented which Item (because we have many identical brands/ models of gear items). If an item is returned without an ID tag, we may not be able to accurately determine who was responsible for repairs or replacement fees. In this case, all parties who rented the same brand/ model Item and returned it without an ID tag may be responsible for additional fees (E.g., if Pat & Kris both rented the exact same model of gloves, both removed the Product ID tag, and one of them did not return the gloves, we have to reach out to both Pat & Kris for the replacement. If neither believes they did it, we would have to split the repair cost evenly to both Pat & Kris).

i. Referrals. Renters (also known as Referring Renter may receive a rebate for referring new customer(s) (also known as Referred Renter[s]) subject to the following rules and restrictions:

  • Referred Renter(s) must be new customer(s) who have not previously made a request with Last Minute Gear
  • Referred Renter(s) must have made a request for a different trip than the last trip for which the Referring Renter had made a request. Typically, this is determined using the start and end dates of a request. For example, if the Referring Renter's last request was from January 5th through January 10th, Referred Renter's request must have started after January 10th in order to count toward a rebate for the Referring Renter
  • Referred Renter(s) must make the request through Last Minute Gear's website using the designated link provided by Last Minute Gear to the Referring Renter. Any orders placed by a Referred Renter that do not utilize the designated link shall not trigger a rebate to the Referring Renter.
  • Orders must be completed within three (3) months of initial placement of the order to trigger a qualifying rebate. For example, if the Referring Renter placed an order on May 20th for an order to be picked up on August 5th and returned August 7th, qualifying orders by Referred Renters must be completed (i.e., placed, picked up, and returned) by August 20th.
  • If a Referred Renter cancels an order, that order does not qualify for a rebate to the Referring Renter
  • For each qualified Referred Renter, Referring Renter will receive a $20 rebate
  • $20 rebates will be credited directly back to card purchases. For cash purchases, Referring Renter must have an active PayPal account to receive funds. Last Minute Gear will not disburse any rebates in the form of cash or check
  • Rebates may only be applied against the rental amount, excluding reservation fee(s), WaterGuard, fee(s) for delivery or pick up services, fee(s) for maintenance or repair services. For example, if you paid $76 upon placing an order for a gear rental worth $55, a delivery of $20, and a $1 reservation fee, and you have earned rebates for 10 Referred Renters, your maximum rebate will be $55
  • Given the extended time period during which Referring Renter could receive rebates, rebates will be processed at the end of each quarter (end of March, June, September, December) reviews of refunds and will process them at that time. Even if a Referred Renter rents for the same trip and completes the order as the same time as the Referring Renter, the Referring Renter will not receive the rebate until the next quarterly review period
  • Last Minute Gear reserves the right, in its sole and absolute discretion, to disqualify attempts to unfairly earn rebates (e.g., creating fake emails or phone numbers, spreading rentals out across multiple individuals in one trip). Further, in light of such violations, Last Minute Gear may cancel Referring & Referred Renters' active requests without refund & prohibit future use of Last Minute Gear's services

6. Renter’s Representations and Warranties

Renter agrees that he/she is solely responsible for his/her health and safety and certifies that he/she has the experience, skill, and ability necessary to use Item(s) rented. Renter agrees that he/ she is responsible for knowing how to properly use the Item(s) and for obtaining necessary instruction as needed.

Renter shall be solely responsible for all Item(s) rented, regardless of whether Renter permits or shares Item(s) with additional persons. Renter understands that there is no insurance coverage provided and he/she shall be financially responsible for all lost, theft, abnormal wear and tear and cleaning of any Item(s) rented pursuant to these Terms of Service.

7. Assumption of the Risk, Release and Indemnification

a. Acknowledgement of Risks. Renter understands and acknowledges that there are known and unknown risks that could arise from my rental and use of any Item(s) obtained from the Site and his/her participation in activities for which Item(s) were obtained. These risks can arise not only from the general existence or use of such Item(s), but also from the malfunction or misuse of such Item(s), whether through Renter’s own negligence or the negligent acts or omissions of those assisting or instructing on the use of Item(s). Additional known and unknown risks may also result from any rescue, first aid, emergency treatment or services rendered or failed to be rendered for any injuries incurred. Renter understands and acknowledges that the above examples of risks are not an exhaustive list, given the nature of unknown risks. Renter understands that the known and unknown risks could result in physical or emotional injury, the extent of which could involve, but is not limited to, paralysis, death, illness, disease, or other damage to the Renter or other third parties, and property (whether of the Renter or of other third parties).

b. Acceptance of Risks. Renter expressly agrees and covenants to accept and assume all risks related to my rental of any Items from the Site. Renter voluntarily elects to rent and use such Item(s) in spite of these risks.

c. General Release. Renter hereby voluntarily releases, forever discharges and covenants not to sue Catchbright, LLC and its representatives, agents, contractors, employees, managers, volunteers, affiliates, attorneys, insurers, lessors, successors, and assigns (“the Released Parties”) on behalf of him/herself and his/her spouse, children, parents, heirs, assigns, personal representatives, and estate from any and all liability, claims, demands, actions or causes of action, damages, suits in equity of whatever kind or nature which are related to, arise out of, or are in any way related to his/her rental of Item(s) from the Site, including, but not limited to, any claims which allege negligent acts or omissions of the Released Parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

d. Indemnification. Renter further agrees and covenants to defend, indemnify and hold harmless the Released Parties in connection with any liability, actual or alleged claims, demands, actions or causes of action, damages and/or injury to property or persons brought by any third party arising out of (i) the rental of any Item(s), including, but not limited to, any claims relating to the negligent acts or omissions of the Released Parties; (ii) a breach of these Terms of Service; or (iii) a breach of the representations and warranties set forth in Section 6. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgment, awards, attorneys’ fees and related costs, expenses, as well as reimbursement to Catchbright, LLC for all legal expenses and costs incurred by it in connection with any such claims or in the enforcement of this Agreement.

8. Damage to or Loss of Item(s)

Upon delivery, the Renter should inspect the items (see Section 5.e.) and immediately identify preexisting damage and/or take photos of Item(s) to avoid being liable for any repair costs. The Renter should also not attempt to clean the Item(s) mechanically (e.g., using a laundry machine) in order to avoid accidental damage for which he/she may then be liable. Basic cleaning (e.g., brushing the dirt off or wiping the surface down with a dry brush or cloth) is generally acceptable.

The Renter shall keep all Item(s) exchanged in the order and condition in which they were accepted and shall return them (and their accessories, such carrying cases) in the same order and condition, save for reasonable wear and tear. Other accessory items used to power the Item(s) rented, such as batteries or gas canisters, should be returned even if drained of power (so that we may properly reuse/recycle such items, and better understand power consumption for Item(s) that we rent).

To the extent that damages are incurred by Renter during his/her possession of Item(s), he /she should notify Last Minute Gear when Item(s) are picked up or returned. Last Minute Gear will calculate reasonable repair costs (even if the Renter does not notify Last Minute Gear, as we conduct inspections of Item(s) after they are returned) and notify the Renter. Items should be returned dry, if items are returned wet, there may be up to a $30 per item drying fee (outdoors equipment can become damaged or even unusable if stored wet for prolonged periods of time).

If the Renter loses any of the Item(s) rented, Last Minute Gear will calculate the reasonable replacement cost for the Item(s) and notify the Renter.

Last Minute Gear will make attempt to notify the Renter of any repair or replacement costs no later than 7 business days after the Pickup Time. However, Last Minute Gear will notify Renter if more time is required to obtain an estimate of repair costs (for example, if we have to send gear back to manufacturer for an appraisal of repair cost). Last Minute Gear may continue to make courtesy attempts to notify Renter of repair or replacement costs if Renter does not respond. However, if Renter does not respond, Last Minute Gear reserves the right to charge the Renter for the full repair or replacement cost as stated in the notifications.

9. Personal effects accidentally returned with Item(s)

Last Minute Gear shall not be responsible for loss or damage to personal effects left behind by Renters. Last Minute Gear will make a reasonable effort to return any Items that Last Minute Gear determines, in its sole and absolute discretion, to be of value to Renters. If Last Minute Gear finds Renter's personal effects returned with Item(s) (e.g., in pockets), Last Minute Gear will use its own discretion to determine whether or not to contact the Renter about picking up said effects. Generally, Last Minute Gear will assume less valuable effects can be disposed of (e.g., pens, receipts, paper or cloth napkins or tissues). For more valuable items (e.g., electronic devices, other gear belonging to Renter), Last Minute Gear will contact Renter via email used in request to try and schedule a time for Renter to pick up the object, or for Renter to pay for Last Minute Gear to ship the object back. However, it is ultimately the Renter's responsibility to remove personal effects before returning Item(s). Last Minute Gear is not responsible for any personal effects belonging to the Renter, including if it is discovered to be damaged upon return (either picked up by Renter or shipped to Renter), if it cannot be found (Renter thought s/he left it with Item(s) but we could not find it), if it is disposed of because Last Minute Gear thought it was not valuable, or if it is disposed of because Last Minute Gear did not hear back from Renter after attempting to contact him or her about returning the object.

10. Return Policy for Sold Items

Last Minute Gear sells items as well. Items for sale have not been previous used or rented by any other consumer. In order to return a purchase, it must not have been used (e.g., worn), and be in its origianl, saleable condition with all original tags attached. Returns will be accepted up to 30 days after the purchase date. Refunds will be applied to the original form of payment, minus any applicable shipping fees. You do not need to have the original receipt with you, however you must know the email the purchase was made under.

10. Prohibited Conduct

In your use of the Site, you may not:

  • Write false, inaccurate, misleading, defamatory or harassing content.
  • Violate any law, statute, ordinance or regulation.
  • Infringe upon any patent, copyright, trademark, trade-secret, right of publicity or other third party rights.
  • Engage in any transactions through the Site that would violate any criminal or civil law, statute, ordinance or regulation.
  • Impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity.
  • Write, or attempt to write, obscene or sexually explicit content.
  • Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm Last Minute Gear or its Users.
  • Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Last Minute Gear.
  • Distribute or post spam, unsolicited or bulk electronic communications to Last Minute Gear Users.
  • Use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever.
  • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on Last Minute Gear's infrastructure.
  • Interfere or attempt to interfere with the proper working of lastmingear.com, services or tools.
  • Bypass Last Minute Gear's robot exclusion headers or other measures Last Minute Gear may use to prevent or restrict access to lastmingear.com.

11. Content Licenses

By submitting, writing, posting, storing or transmitting any content to Last Minute Gear or onto a platform managed by Last Minute Gear (e.g., its Facebook page, Yelp page, or Google Plus page), including, but not limited to photographs of Users and/or items exchanged, Users grant Last Minute Gear a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial or otherwise, without compensation or accounting. Users irrevocably waive any claims based on moral rights, if any.

12. Idea Submissions

Non-Proprietary: Last Minute Gear considers any suggestions, ideas, proposals or other material submitted to it by Users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. Last Minute Gear shall not be liable for the disclosure, use or exploitation of such Material.

License: You hereby grant and agree to grant Last Minute Gear, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

13. Privacy

Last Minute Gear will only use personal information in accordance with Last Minute Gear's Privacy Policy.

14. Customer Support

Last Minute Gear is available by email at [email protected] to address any questions or concerns you may have. Most concerns can be quickly resolved in this manner.

15. Individual Arbitration

EXCEPT AS OTHERWISE STATED HEREIN, Any claim or controversy with Last Minute Gear arising out of or relating to these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.

ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the competed form to Last Minute Gear at [email protected]

Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: San Francisco, California.

Exception – Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

16. Last Minute Gear's Intellectual Property

Copyright: Last Minute Gear owns all materials on lastmingear.com, including, without limitation, Last Minute Gear’s logo, design, text, graphics, and other files, and the selection arrangement and organization thereof. You may not use such materials without permission. © 2016 Catchbright, LLC dba Last Minute Gear. ALL RIGHTS RESERVED.

Trademarks: Last Minute Gear and its logos are trademarks owned by Last Minute Gear. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Last Minute Gear.

Ownership and Use: Last Minute Gear will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of your use of lastmingear.com or these Terms of Service.

Your Content: Last Minute Gear will not acquire an ownership interest in the material you post on lastmingear.com, but will acquire a non-exclusive license in accordance with Sections 11 and 12.

17. Notice of Claimed Infringement

If you have a good faith belief that your copyright has been infringed, please immediately email Last Minute Gear at: [email protected]

18. Termination

Without limiting any other remedies, Last Minute Gear may suspend or terminate its services and Users, restrict or prohibit access or your use of lastmingear.com, remove or restrict content, and/or take any technical or legal steps necessary if Last Minute Gear: (i) suspects a User has breached these Terms of Service; (ii) is unable to verify or authenticate any User information; (iii) believes that a User is acting inconsistently with the letter or spirit of Last Minute Gear's policies, has engaged in improper or fraudulent activity in connection with Last Minute Gear or that a User’s actions may cause legal liability or financial loss to Last Minute Gear's Users or to Last Minute Gear; (iv) believes a User is infringing on the rights of third parties; (v) a User fails to pay any applicable fees due under these Terms of Service; and/or (vii) if the credit or debit card associated with any applicable fees should be rejected for any reason.

Effect of Termination: If your account is terminated for any reason, you shall remain liable for all debts or processing fees incurred through the date of termination. Following termination, you will not be permitted to use Last Minute Gear.

Survival: The following Sections survive termination of your account and these Terms of Service: Cancellation Fees, Damage to or Loss of Items, Renter’s Representations and Warranties, Assumption of the Risk, Release and Indemnification, Content License, Disclaimers, Exclusions and Limitations, Release, and Individual Arbitration.

19. Disclaimers, Exclusions and Limitations

Last Minute Gear does not warrant the accuracy, completeness or the reliability of any advice, opinion, statement or other information on the Site. You acknowledge that any reliance on any such advice, opinion, statement or information shall be at your sole risk.

DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAST MINUTE GEAR PROVIDES ITS WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAST MINUTE GEAR DOES NOT REPRESENT OR WARRANT THAT LAST MINUTE GEAR, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. LAST MINUTE GEAR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

ANY THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT LAST MINUTE GEAR PROVIDES ON OR MAKES AVAILABLE ON ITS WEBSITE ARE NOT CONTROLLED BY LAST MINUTE GEAR. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAST MINUTE GEAR MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.

EXCLUSION OF DAMAGES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAST MINUTE GEAR WILL NOT BE LIABLE TO ANY USER OF THE SITE OR OF LAST MINUTE GEAR’S SERVICES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF LASTMINGEAR.COM, ITS SERVICES, AND/OR THE RENTAL OF ANY ITEM FROM THIS SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20. Severability

The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.

21. Modifications

Our employees, volunteers or agents are not authorized to vary our Terms of Service. These Terms of Service may only be modified by obtaining written consent signed by a member of Catchbright, LLC.

22. No Agency

You and Last Minute Gear are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

23. Choice of Law

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of San Francisco, with regard to any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof.

24. No Waiver

No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.

25. Interpretation

Headings are for reference purposes only and do not limit the scope or extent of such section.

26. Notices

All notices required or permitted to be given under these Terms of Service will be in writing and delivered to Last Minute Gear at [email protected] All notices by Last Minute Gear will be sent to you by email.

27. Complaints - California Residents

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.