TERMS AND CONDITIONS OF RENTAL CONTRACT – BIG BENNY’S BOARD RENTALS

For good and valuable consideration, you and Big Benny’s Board Rentals, a California corporation, (also referred to in this Contract as “BBBR,” “rental shop,” “Lessor,” “we,” “us” and “our”) agree as follows:
1. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” and/or safety devices provided per the terms of Section [or “§”] 3 below and any “Re-Rented Items” provided per the terms of § 4 below); “Site” means the delivery or use address set forth on P.1; and “Customer,” “Lessee,” “you” and “your” mean the “Customer/Lessee” identified on P.1.

2. You agree to: (a) rent the Rented Item(s) from BBBR for the period(s) specified on P.1 (the “Term”), at the end of which, you agree to return it/them to us; (b) pay us our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff; and (c) remain liable for all loss of and damage to the Item(s) for the duration of the Term and until all such Item(s) are returned to and accepted by us in the proper return condition as required under this Contract (including § 7). Unless otherwise agreed in writing by BBBR, all rental rates are for normal use of the Item(s) in accordance with the terms of this Contract and the “Instructions” referenced in § 3. Additional Rent will be charged at our applicable hourly rate(s) for late returns. No allowance will be made for weather delays, time in transit or other period(s) of nonuse. We have estimated the Rent based on your estimated length of the Term (the “Estimated Rent”). You agree: (a) to pay BBBR: (i) any deposit and the Estimated Rent specified on P.1 in advance of the Term (the “Prepayment”); and (ii) all other amounts coming due hereunder upon demand; and that (b)(i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to us; (iv) all Prepayments are NON-REFUNDABLE except only as provided in § 5; and (v) anything remaining with, in or on any Item(s) upon return to us will, at our option, be deemed surrendered and abandoned.

3. Upon the earlier of your receipt of the Item(s) (unless you immediately reject it/them), you represent, warrant, acknowledge and agree that: (a) each Item: (i) is appropriate for your purposes and in all ways acceptable to you; (ii) was selected not based on any recommendation by BBBR; (iii) is complete and in good order, condition and repair; and (iv) was carefully examined, inspected and tested by you or your authorized agent(s); and (b) you: (i) have received, carefully reviewed and understand all laws, rules, regulations, training, instructions and other information applicable to the Item(s), including without limitation, instructions regarding binding releases and retention settings (collectively, “Instructions”); (ii) will fully comply therewith at all times; (iii) have been made aware of the need to use all applicable personal protective equipment (including helmets, boots, gloves, goggles, proper bindings, and other safety devices); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will immediately cease using any Item that is damaged or appears defective (a “Defect”); and (vi) will ensure that all others comply with this Contract at all times. You agree to notify us immediately in the event of any Defect, or if any of the foregoing shall be breached or proven incorrect.

4. Except with respect to Item(s) we rent from third parties (each, a “TPO”) and re-rent to you (“Re-rented Items”), BBBR is and shall remain the sole owner and titleholder of the Item(s) at all times. You will have exclusive control over the Item(s) during the Term, subject however, to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any Item(s); or (b) loan, surrender, transfer, sublease, re-rent, sell, encumber, assign or dispose of any Item(s) or this Contract, without our prior written consent (in our sole discretion). At any time, BBBR may substitute for any Item(s) one or more item(s) of similar utility, and/or sell or assign all or any part of its interests in one or more Item(s) and/or this Contract. You consent thereto and agree to attorn to all assignees, who will not be responsible for any pre-existing obligations or liabilities of BBBR or any TPO.

5. In the event a Defect, as defined in § 3, becomes apparent, you will immediately notify and return the Defective Item to, BBBR, and provided such Defect did not result from or in connection with any breach of this Contract, or any wrongful or negligent act or omission of you or anyone you permit to deal with such Item(s), we may, at our option: (a) repair such Item; (b) substitute such Item with another Item of comparable utility; or (c) with respect solely to the Defective Item(s), return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. BBBR has no other obligation(s) regarding Defects, all of which you waive, together with all associated direct, indirect, incidental and consequential damages.

6. You shall ensure the Site is reasonably safe and fit for delivery and use of the Item(s) at all times (NO BACK- COUNTRY SKIING OR BOARDING IS PERMITTED). If we agree to provide any service(s) (including without limi- tation, delivery/retrieval), you agree to: (a) be present at the agreed delivery location at the agreed time(s); and (b) pay our regular charge(s) for the same, and for all waiting time. BBBR will not be responsible for any delay(s) caused by acts or omissions of/by you, your agents or representatives, or any other parties, including providers of other equipment or services (“Other Providers”) for which you hereby release and agree to indemnify, defend and hold harmless BBBR. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the status, quality, and quantities of the Item(s)). 7. You agree to protect, properly maintain, secure, store and care for each Rented Item at all times and return it to BBBR on time, reasonably clean, complete, and otherwise in good order, condition and repair. If you fail to do so, then in addition to the amounts set forth on P.1, you will pay us: (a) daily Rent until all Item(s) has/have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure. You shall not, nor shall you permit anyone else to: (a) abuse, misuse, overuse, conceal, repair, modify or damage any Rented Item(s); (b) violate any law, policy of insurance or warranty; (c) expose any Item(s) to any flammable, explosive, harmful or hazardous substance(s) or circumstance(s); or (d) disable, misuse or circumvent any safety equipment or device(s) in, on or with any Item(s); (e) take possession of or exercise control over any Item(s), without our prior consent (in our sole discretion).

8. NO WARRANTIES: BBBR IS NOT THE MANUFACTURER OR DESIGNER OF ANY RENTED ITEM(S), ALL OF WHICH ARE PROVIDED “AS-IS”. NEITHER BBBR NOR ANY TPO MAKES ANY WARRANTIES (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS, GOOD AND WORKMANLIKE PERFORMANCE, AND ANY WARRANTY(IES) ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) regarding any Item(s) or Service(s) provided hereunder, nor do we make any warranty against INTERFERENCE OR INFRINGEMENT, all of which you waive. NO DEPICTIONS, DESCRIPTIONS, MODELS, SPECIFICATIONS, RECOMMENDATIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY BBBR OR ANY TPO.

9. WARNING: SKIING AND SNOWBOARDING ARE INHERENTLY DANGEROUS ACTIVITIES. DANGERS SUCH AS POTENTIAL FALLS, COLLISIONS (WHETHER WITH PERSONS OR OBJECTS, WHETHER NATURAL OR MANMADE, MARKED OR UNMARKED), SUDDEN TWISTS, TURNS, ENTANGLEMENTS, BUMPS, SLIDES, UNDULATING/UNEVEN GROUND SURFACES, VIOLENT MOTIONS, ICE PATCHES, HIDDEN ROCKS, BRANCHES, LIMBS, POTHOLES OR OTHER OBSTACLES, SEVERE WEATHER, WATER HAZARDS, AVALANCHES, ROCKSLIDES, BINDING RELEASE(S) AND FAILURE(S) TO RELEASE (SEE § 10), AND OTHER POTENTIAL DANGERS (FOR EXAMPLE, DANGERS ASSOCIATED WITH ENTERING AND EXITING SKI LIFTS) ANY OR ALL OF WHICH MAY RESULT IN SERIOUS INJURY(IES) OR DEATH, ARE ESSENTIAL PARTS OF THE ACTIVITY(IES) (SKIING OR SNOWBOARDING, AS APPLICABLE), AND CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF SUCH ACTIVITY(IES).

10. BINDING SYSTEMS DO NOT GUARANTEE SAFETY. You further acknowledge and agree that: (a) binding systems: (i) do not always release under all circumstances where release may prevent injury or death; (b) it is not possible to predict every situation in which a binding might release; (c) Bindings do not guarantee reduction of the risk of injury (including without limitation, knee injury); and (d) with respect to snowboarding, cross country skiing, ski-boarding, snowshoeing and other sports utilizing equipment with non-release bindings, the bindings are not designed to release as a result of forces generated during normal use and will not ordinarily release during use. 11. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT TO US AS FOLLOWS: (A) YOU ARE AT LEAST 18 YEARS OF AGE; (B) IF YOU ARE SIGNING THIS CONTRACT ON BEHALF OF ANY MINOR CHILD(REN), YOU WILL: (I) ENSURE THAT EACH SUCH MINOR CHILD RECEIVES AND UNDERSTANDS ALL INSTRUCTIONS IDENTIFIED IN § 3, UNDERSTANDS AND APPRECIATES THE DANGERS IDENTIFIED IN §§ 9 AND 10, IS PROPERLY PROTECTED, USES OR WEARS APPROPRIATE SAFETY EQUIPMENT AND DEVICES, AND IS PHYSICALLY AND MENTALLY CAPABLE OF USING THE RENTED ITEM(S) SAFELY AND PROPERLY; AND (II) CAREFULLY MONITOR AND SUPERVISE ALL SUCH MINOR CHILD(REN), AT ALL TIMES; (C) YOU WILL THOROUGHLY INSPECT ALL RENTED ITEM(S) PRIOR TO, AND PERIODICALLY DURING, EACH USE; (D) YOU ARE FULLY AWARE OF ALL DANGERS ASSOCIATED WITH SKIING OR SNOWBOARDING (AS APPLICABLE), INCLUDING THOSE OUTLINED IN § 9; (E) YOU HAVE KNOWINGLY AND INTELLIGENTLY, AND WITH FULL KNOWLEDGE OF SUCH DANGERS, ELECTED TO: (I) ACCEPT ALL OF THE RISKS ASSOCIATED WITH THE ITEM(S) REFERENCED IN THIS

CONTRACT (INCLUDING WITHOUT LIMITATION, THOSE DESCRIBED IN SECTIONS 9 AND 10); AND (II) INDEMNIFY, DEFEND AND HOLD HARMLESS BBBR AND THE OTHER INDEMNITEES, WITH RESPECT THERETO AS PROVIDED IN SECTION 12; (F) YOU ARE COMPETENT AND PHYSICALLY CAPABLE OF USING THE RENTED ITEM(S) SAFELY AND PROPERLY; (G) YOU SPEAK AND READ ENGLISH AND THEREFORE, FULLY UNDERSTAND THIS CONTRACT AND EACH OF YOUR OBLIGATIONS HEREUNDER; AND (H) YOU WILL FULLY AND TIMELY COMPLY, AND CAUSE ALL MINOR CHILDREN, AS WELL AS ANY AND ALL OTHER PERSON(S) WHO USE, WEAR, OR OTHERWISE DEAL WITH ANY RENTED ITEM(S) AT ANY TIME, TO FULLY AND TIMELY COMPLY WITH THIS CONTRACT, THE INSTRUCTIONS AND ALL APPLICABLE LAWS, RULES, REGULATIONS, WARRANTIES AND POLICIES OF INSURANCE AT ALL TIMES.

12. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, ILLNESS (WHETHER SUFFERED BY YOU OR BY ANY OTHER PERSON(S), INCLUDING WITHOUT LIMITATION, ANY MINOR CHILD(REN) FOR WHOM YOU ARE SIGNING THIS CONTRACT), LOSS AND PROPERTY DAMAGE ARISING IN CONNECTION WITH THE SUBJECT MATTER OF THIS CONTRACT (INCLUDING ALL ITEM(S) IDENTIFIED ON P.1), INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, EXAMINATION, DESIGN, TESTING, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, REPAIR, DELIVERY AND/OR RETRIEVAL THEREOF, AS WELL AS THE DANGERS IDENTIFIED IN SECTIONS 9 AND 10 OF THIS CONTRACT, WHETHER OR NOT YOUR FAULT, AND INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS BASED ON ANY THEORY(IES) OF NEGLIGENCE, STRICT LIABILITY AND/OR PRODUCTS LIABILITY (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BBBR, each TPO, their respective owners, shareholders, managers, officers, directors, agents, employees, insurers, representatives, subrogees, successors and assigns (each, an “Indemnitee”), for, from and against: (i) all such RISKS; and (ii) all other liabilities, claims, damages, losses, and expenses (including attorneys’ fees) arising from or in connection with the Item(s), this Contract, any actual or alleged negligence of any one or more of the Indemnitees, and/or any misrepresentation or breach of this Contract by you, any other party(ies) for whom/which you are signing this Contract (including without limitation, any minor child(ren)), your agents, employees, representatives, successors or assigns; and (C) WAIVE all rights, remedies, claims, damages and defenses available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against the Indemnitees (and each of them).

13. You agree to maintain all insurance we may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; (b) insurance for personal and bodily injury(ies) suffered by you and/or any other person(s) who may use or otherwise deal with any of the Item(s) (including without limitation, any other party(ies), including minor child(ren), for whom/which you are signing this Contract); and (c) property damage/inland marine insurance covering all Items for their full new replacement cost. Such policies shall, whenever possible: (A) name BBBR as an additional insured and loss payee; (B) waive subrogation against BBBR; (C) be primary and non- contributory; and (D) include such other provisions as we may require. You irrevocably appoint Big Benny’s Board Rentals as your agent and attorney-in-fact for purposes of submitting and negotiating claims and payments on the above referenced policies to the maximum extent permitted under applicable law.

14. If and only if we have offered, and you have paid for, our OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) set forth on P.1 in advance of the Term, your liability for the first $1,000 of repair/replacement costs for physical damage to Item(s) covered by LDW (“Covered Item(s)”) shall be limited to 20% of such repair/replacement costs; provided however, that you will, remain fully liable for: (a) all loss of and damage to: (i) Item(s) not covered by LDW; (ii) Covered Item(s) lost or damaged during transportation and/or as a result of: (A) any breach of this Contract by you or your agents, employees, sublessees, transferees, borrowers, successors and/or assigns; (B) theft or other failure to timely return Covered Item(s) to BBBR; (C) negligence, misuse and/or abuse of the Rented Item(s); (iii) straps and bindings; and (b) repair and replacement costs exceeding $1,000 in the aggregate across all Covered Item(s). You may decline LDW if you provide the property damage / inland marine insurance referenced in § 13. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.

15. Your duties hereunder are unconditional. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract and/or any of your obligations arising hereunder or in connection herewith; (b) provide any incorrect or misleading information to BBBR; or if any Rented Item(s) shall be lost or, except to the extent covered by LDW per § 14, damaged, you will be in DEFAULT under this Contract, whereupon, we may, by ourselves or through one or more agent(s) or contracted third party(ies), with or without legal process or notice (and without liability to you or any guarantor), to the maximum extent permitted under applicable law: (i) terminate your rental(s); (ii) seek relief from stay; (iii) recover, restrict, store and/or disable any Rented Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you shall indemnify, defend and hold harmless each Indemnitee as well as our/their contracted agents and/or third parties); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s) as we deem appropriate and charge you for the same; (vi) recover from you all of our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the balance of the scheduled Term, overtime, loss of use, interest, attorneys’ fees, and recovery, storage, repair, replacement and/or collection costs); and/or (vii) pursue any one or more other rights and/or remedies available hereunder and/or in connection herewith, at law and/or in equity, all of which shall be cumulative.

16. You agree to pay all taxes (including all sales, use, and other taxes), fines, fees, assessments, and other charges related to each Item and/or any service(s) provided by BBBR. All amounts due under this Contract, but not timely paid, will bear interest at the lesser of: (a) 18% per annum; or (b) the highest rate permitted under applicable law until paid. You authorize BBBR to charge all amounts coming due hereunder to any debit and/or credit card(s) you provide (up to 150% of the new replacement cost of the Item(s)). You agree that we may, without notice or liability to you, inspect any Rented Item(s) at any time, and you agree to take reasonable steps to provide us with access thereto at all reasonable times. If any performance required of us is delayed or rendered impractical as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God” (any event, fact or circumstance beyond our reasonable control, including without limitation, severe weather and closure(s) of ski/ snowboarding areas), we shall be excused from such performance. You waive the benefits of all statutes of limita- tions regarding our rights and remedies. Our maximum liability under this Contract is limited to the amount(s) we receive from you hereunder. If legal action is commenced in connection with this Contract or its subject matter, we will be entitled to recover our costs and expenses associated therewith (including without limitation, attorneys’ fees) from you if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies.

17. For Rentals in California: Prop 65: WARNING: One or more of the Rented Item(s) contains or produces (AND WILL EXPOSE YOU TO) one or more chemicals known to the State of California to cause cancer, birth defects or other reproductive harm (see www.P65Warnings.ca.gov). Estimated Personal Property Tax Reimbursement Amount: You agree to pay us an additional amount equal to the estimated personal property tax reimbursement equal to up to .75 percent of the base Rent, as authorized under Section 1656.5 of the California Civil Code and Part 13.7 of the California Revenue and Tax Code (or their respective successor provision(s)).

18. Any Item(s) sold to you (“Sale Items”), as specifically identified on P.1, are provided “AS-IS” and “WITH ALL FAULTS,” and are subject to the terms of this Contract (modified to address sales); provided that our obligations under § 5 shall expire and terminate 3 days after the date of purchase. All Item(s) not specifically identified as Sale Items on P.1 will be deemed “Rented Item(s)” for all purposes, unless separately agreed in writing by BBBR.

19. This Contract and any addenda(um) we may provide, each of which shall be deemed incorporated herein, represent(s) the entire agreement between you and BBBR, superseding all other agreements and representations (including our advertising). If any provision of this Contract is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deleted, and the remaining terms of this Contract will continue to be valid and enforceable. This Contract cannot otherwise be amended or extended except in a writing signed by BBBR. Time is of the essence. There are no third-party beneficiaries hereto other than the Indemnitees. These Terms and Conditions shall apply to all Item(s) you obtain from us at any time (except only as we may otherwise agree). This Contract: (a) is a true operating lease and not a financing; (b) is fair and reasonable; (c) shall be enforceable by you, Big Benny’s Board Rentals and the other Indemnitee(s); and (d) shall be governed by and enforceable under the laws of California, and proper venue for all civil actions commenced in connection herewith shall lie solely in the federal, state and local courts located in San Bernardino County, California. You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. Digital, electronic, photocopied and facsimiled signatures and initials included on this Contract shall be deemed originals.

20. WARNING: Wrongful possession of, or failure to timely return or pay for, the property of others may be deemed THEFT, and may subject the violator to CRIMINAL PROSECUTION and/or CIVIL PENALTIES.

LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE

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TERMS AND CONDITIONS OF RENTAL CONTRACT (Enlarged Version)

For good and valuable consideration, you and Big Benny’s Board Rentals, a California corporation, (also referred to in this Contract as “BBBR,” “rental shop,” “Lessor,” “we,” “us” and “our”) agree as follows:

1. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” and/or safety devices provided per the terms of Section [or “§”] 3 below and any “Re-Rented Items” provided per the terms of § 4 below); “Site” means the delivery or use address set forth on P.1; and “Customer,” “Lessee,” “you” and “your” mean the “Customer/Lessee” identified on P.1.

2. You agree to: (a) rent the Rented Item(s) from BBBR for the period(s) specified on P.1 (the “Term”), at the end of which, you agree to return it/them to us; (b) pay us our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff; and (c) remain liable for all loss of and damage to the Item(s) for the duration of the Term and until all such Item(s) are returned to and accepted by us in the proper return condition as required under this Contract (including § 7). Unless otherwise agreed in writing by BBBR, all rental rates are for normal use of the Item(s) in accordance with the terms of this Contract and the “Instructions” referenced in § 3. Additional Rent will be charged at our applicable hourly rate(s) for late returns. No allowance will be made for weather delays, time in transit or other period(s) of nonuse. We have estimated the Rent based on your estimated length of the Term (the “Estimated Rent”). You agree: (a) to pay BBBR: (i) any deposit and the Estimated Rent specified on P.1 in advance of the Term (the “Prepayment”); and (ii) all other amounts coming due hereunder upon demand; and that (b)(i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to us; (iv) all Prepayments are NON-REFUNDABLE except only as provided in § 5; and (v) anything remaining with, in or on any Item(s) upon return to us will, at our option, be deemed surrendered and abandoned.

3. Upon the earlier of your receipt of the Item(s) (unless you immediately reject it/them), you represent, warrant, acknowledge and agree that: (a) each Item: (i) is appropriate for your purposes and in all ways acceptable to you; (ii) was selected not based on any recommendation by BBBR; (iii) is complete and in good order, condition and repair; and (iv) was carefully examined, inspected and tested by you or your authorized agent(s); and (b) you: (i) have received, carefully reviewed and understand all laws, rules, regulations, training, instructions and other information applicable to the Item(s), including without limitation, instructions regarding binding releases and retention settings (collectively, “Instructions”); (ii) will fully comply therewith at all times; (iii) have been made aware of the need to use all applicable personal protective equipment (including helmets, boots, gloves, goggles, proper bindings, and other safety devices); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will immediately cease using any Item that is damaged or appears defective (a “Defect”); and (vi) will ensure that all others comply with this Contract at all times. You agree to notify us immediately in the event of any Defect, or if any of the foregoing shall be breached or proven incorrect.

4. Except with respect to Item(s) we rent from third parties (each, a “TPO”) and re-rent to you (“Re-rented Items”), BBBR is and shall remain the sole owner and titleholder of the Item(s) at all times. You will have exclusive control over the Item(s) during the Term, subject however, to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any Item(s); or (b) loan, surrender, transfer, sublease, re-rent, sell, encumber, assign or dispose of any Item(s) or this Contract, without our prior written consent (in our sole discretion). At any time, BBBR may substitute for any Item(s) one or more item(s) of similar utility, and/or sell or assign all or any part of its interests in one or more Item(s) and/or this Contract. You consent thereto and agree to attorn to all assignees, who will not be responsible for any pre-existing obligations or liabilities of BBBR or any TPO.

5. In the event a Defect, as defined in § 3, becomes apparent, you will immediately notify and return the Defective Item to, BBBR, and provided such Defect did not result from or in connection with any breach of this Contract, or any wrongful or negligent act or omission of you or anyone you permit to deal with such Item(s), we may, at our option: (a) repair such Item; (b) substitute such Item with another Item of comparable utility; or (c) with respect solely to the Defective Item(s), return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. BBBR has no other obligation(s) regarding Defects, all of which you waive, together with all associated direct, indirect, incidental and consequential damages.

6. You shall ensure the Site is reasonably safe and fit for delivery and use of the Item(s) at all times (NO BACK- COUNTRY SKIING OR BOARDING IS PERMITTED). If we agree to provide any service(s) (including without limi- tation, delivery/retrieval), you agree to: (a) be present at the agreed delivery location at the agreed time(s); and (b) pay our regular charge(s) for the same, and for all waiting time. BBBR will not be responsible for any delay(s) caused by acts or omissions of/by you, your agents or representatives, or any other parties, including providers of other equipment or services (“Other Providers”) for which you hereby release and agree to indemnify, defend and hold harmless BBBR. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the status, quality, and quantities of the Item(s)).

7. You agree to protect, properly maintain, secure, store and care for each Rented Item at all times and return it to BBBR on time, reasonably clean, complete, and otherwise in good order, condition and repair. If you fail to do so, then in addition to the amounts set forth on P.1, you will pay us: (a) daily Rent until all Item(s) has/have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure. You shall not, nor shall you permit anyone else to: (a) abuse, misuse, overuse, conceal, repair, modify or damage any Rented Item(s); (b) violate any law, policy of insurance or warranty; (c) expose any Item(s) to any flammable, explosive, harmful or hazardous substance(s) or circumstance(s); or (d) disable, misuse or circumvent any safety equipment or device(s) in, on or with any Item(s); (e) take possession of or exercise control over any Item(s), without our prior consent (in our sole discretion).

8. NO WARRANTIES: BBBR IS NOT THE MANUFACTURER OR DESIGNER OF ANY RENTED ITEM(S), ALL OF WHICH ARE PROVIDED “AS-IS”. NEITHER BBBR NOR ANY TPO MAKES ANY WARRANTIES (INCLUDING

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ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS, GOOD AND WORKMANLIKE PERFORMANCE, AND ANY WARRANTY(IES) ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) regarding any Item(s) or Service(s) provided hereunder, nor do we make any warranty against INTERFERENCE OR INFRINGEMENT, all of which you waive. NO DEPICTIONS, DESCRIPTIONS, MODELS, SPECIFICATIONS, RECOMMENDATIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY BBBR OR ANY TPO.

9. WARNING: SKIING AND SNOWBOARDING ARE INHERENTLY DANGEROUS ACTIVITIES. DANGERS SUCH AS POTENTIAL FALLS, COLLISIONS (WHETHER WITH PERSONS OR OBJECTS, WHETHER NATURAL OR MANMADE, MARKED OR UNMARKED), SUDDEN TWISTS, TURNS, ENTANGLEMENTS, BUMPS, SLIDES, UNDULATING/UNEVEN GROUND SURFACES, VIOLENT MOTIONS, ICE PATCHES, HIDDEN ROCKS, BRANCHES, LIMBS, POTHOLES OR OTHER OBSTACLES, SEVERE WEATHER, WATER HAZARDS, AVALANCHES, ROCKSLIDES, BINDING RELEASE(S) AND FAILURE(S) TO RELEASE (SEE § 10), AND OTHER POTENTIAL DANGERS (FOR EXAMPLE, DANGERS ASSOCIATED WITH ENTERING AND EXITING SKI LIFTS) ANY OR ALL OF WHICH MAY RESULT IN SERIOUS INJURY(IES) OR DEATH, ARE ESSENTIAL PARTS OF THE ACTIVITY(IES) (SKIING OR SNOWBOARDING, AS APPLICABLE), AND CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF SUCH ACTIVITY(IES).

10. BINDING SYSTEMS DO NOT GUARANTEE SAFETY. You further acknowledge and agree that: (a) binding systems: (i) do not always release under all circumstances where release may prevent injury or death; (b) it is not possible to predict every situation in which a binding might release; (c) Bindings do not guarantee reduction of the risk of injury (including without limitation, knee injury); and (d) with respect to snowboarding, cross country skiing, ski-boarding, snowshoeing and other sports utilizing equipment with non-release bindings, the bindings are not designed to release as a result of forces generated during normal use and will not ordinarily release during use.

11. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT TO US AS FOLLOWS: (A) YOU ARE AT LEAST 18 YEARS OF AGE; (B) IF YOU ARE SIGNING THIS CONTRACT ON BEHALF OF ANY MINOR CHILD(REN), YOU WILL: (I) ENSURE THAT EACH SUCH MINOR CHILD RECEIVES AND UNDERSTANDS ALL INSTRUCTIONS IDENTIFIED IN § 3, UNDERSTANDS AND APPRECIATES THE DANGERS IDENTIFIED IN §§ 9 AND 10, IS PROPERLY PROTECTED, USES OR WEARS APPROPRIATE SAFETY EQUIPMENT AND DEVICES, AND IS PHYSICALLY AND MENTALLY CAPABLE OF USING THE RENTED ITEM(S) SAFELY AND PROPERLY; AND (II) CAREFULLY MONITOR AND SUPERVISE ALL SUCH MINOR CHILD(REN), AT ALL TIMES; (C) YOU WILL THOROUGHLY INSPECT ALL RENTED ITEM(S) PRIOR TO, AND PERIODICALLY DURING, EACH USE; (D) YOU ARE FULLY AWARE OF ALL DANGERS ASSOCIATED WITH SKIING OR SNOWBOARDING (AS APPLICABLE), INCLUDING THOSE OUTLINED IN § 9; (E) YOU HAVE KNOWINGLY AND INTELLIGENTLY, AND WITH FULL KNOWLEDGE OF SUCH DANGERS, ELECTED TO: (I) ACCEPT ALL OF THE RISKS ASSOCIATED WITH THE ITEM(S) REFERENCED IN THIS CONTRACT (INCLUDING WITHOUT LIMITATION, THOSE DESCRIBED IN SECTIONS 9 AND 10); AND (II) INDEMNIFY, DEFEND AND HOLD HARMLESS BBBR AND THE OTHER INDEMNITEES, WITH RESPECT THERETO AS PROVIDED IN SECTION 12; (F) YOU ARE COMPETENT AND PHYSICALLY CAPABLE OF USING THE RENTED ITEM(S) SAFELY AND PROPERLY; (G) YOU SPEAK AND READ ENGLISH AND THEREFORE, FULLY UNDERSTAND THIS CONTRACT AND EACH OF YOUR OBLIGATIONS HEREUNDER; AND (H) YOU WILL FULLY AND TIMELY COMPLY, AND CAUSE ALL MINOR CHILDREN, AS WELL AS ANY AND ALL OTHER PERSON(S) WHO USE, WEAR, OR OTHERWISE DEAL WITH ANY RENTED ITEM(S) AT ANY TIME, TO FULLY AND TIMELY COMPLY WITH THIS CONTRACT, THE INSTRUCTIONS AND ALL APPLICABLE LAWS, RULES, REGULATIONS, WARRANTIES AND POLICIES OF INSURANCE AT ALL TIMES.

12. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, ILLNESS (WHETHER SUFFERED BY YOU OR BY ANY OTHER PERSON(S), INCLUDING WITHOUT LIMITATION, ANY MINOR CHILD(REN) FOR WHOM YOU ARE SIGNING THIS CONTRACT), LOSS AND PROPERTY DAMAGE ARISING IN CONNECTION WITH THE SUBJECT MATTER OF THIS CONTRACT (INCLUDING ALL ITEM(S) IDENTIFIED ON P.1), INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, EXAMINATION, DESIGN, TESTING, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, REPAIR, DELIVERY AND/OR RETRIEVAL THEREOF, AS WELL AS THE DANGERS IDENTIFIED IN SECTIONS 9 AND 10 OF THIS CONTRACT, WHETHER OR NOT YOUR FAULT, AND INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS BASED ON ANY THEORY(IES) OF NEGLIGENCE, STRICT LIABILITY AND/OR PRODUCTS LIABILITY (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BBBR, each TPO, their respective owners, shareholders, managers, officers, directors, agents, employees, insurers, representatives, subrogees, successors and assigns (each, an “Indemnitee”), for, from and against: (i) all such RISKS; and (ii) all other liabilities, claims, damages, losses, and expenses (including attorneys’ fees) arising from or in connection with the Item(s), this Contract, any actual or alleged negligence of any one or more of the Indemnitees, and/or any misrepresentation or breach of this Contract by you, any other party(ies) for whom/which you are signing this Contract (including without limitation, any minor child(ren)), your agents, employees, representatives, successors or assigns; and (C) WAIVE all rights, remedies, claims, damages and defenses available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against the Indemnitees (and each of them).

13. You agree to maintain all insurance we may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; (b) insurance for personal and bodily injury(ies) suffered by you and/or any other person(s) who may use or otherwise deal with any of the Item(s) (including without limitation, any other party(ies), including minor child(ren), for whom/which you are signing this Contract); and (c) property damage/inland marine insurance covering all Items for their full new replacement cost. Such policies shall, whenever possible: (A) name BBBR as an additional insured and loss payee; (B) waive subrogation against BBBR; (C) be primary and non- contributory; and (D) include such other provisions as we may require. You irrevocably appoint Big Benny’s Board

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Rentals as your agent and attorney-in-fact for purposes of submitting and negotiating claims and payments on the above referenced policies to the maximum extent permitted under applicable law.

14. If and only if we have offered, and you have paid for, our OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) set forth on P.1 in advance of the Term, your liability for the first $1,000 of repair/replacement costs for physical damage to Item(s) covered by LDW (“Covered Item(s)”) shall be limited to 20% of such repair/replacement costs; provided however, that you will, remain fully liable for: (a) all loss of and damage to: (i) Item(s) not covered by LDW; (ii) Covered Item(s) lost or damaged during transportation and/or as a result of: (A) any breach of this Contract by you or your agents, employees, sublessees, transferees, borrowers, successors and/or assigns; (B) theft or other failure to timely return Covered Item(s) to BBBR; (C) negligence, misuse and/or abuse of the Rented Item(s); (iii) straps and bindings; and (b) repair and replacement costs exceeding $1,000 in the aggregate across all Covered Item(s). You may decline LDW if you provide the property damage / inland marine insurance referenced in § 13. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.

15. Your duties hereunder are unconditional. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract and/or any of your obligations arising hereunder or in connection herewith; (b) provide any incorrect or misleading information to BBBR; or if any Rented Item(s) shall be lost or, except to the extent covered by LDW per § 14, damaged, you will be in DEFAULT under this Contract, whereupon, we may, by ourselves or through one or more agent(s) or contracted third party(ies), with or without legal process or notice (and without liability to you or any guarantor), to the maximum extent permitted under applicable law: (i) terminate your rental(s); (ii) seek relief from stay; (iii) recover, restrict, store and/or disable any Rented Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you shall indemnify, defend and hold harmless each Indemnitee as well as our/their contracted agents and/or third parties); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s) as we deem appropriate and charge you for the same; (vi) recover from you all of our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the balance of the scheduled Term, overtime, loss of use, interest, attorneys’ fees, and recovery, storage, repair, replacement and/or collection costs); and/or (vii) pursue any one or more other rights and/or remedies available hereunder and/or in connection herewith, at law and/or in equity, all of which shall be cumulative.

16. You agree to pay all taxes (including all sales, use, and other taxes), fines, fees, assessments, and other charges related to each Item and/or any service(s) provided by BBBR. All amounts due under this Contract, but not timely paid, will bear interest at the lesser of: (a) 18% per annum; or (b) the highest rate permitted under applicable law until paid. You authorize BBBR to charge all amounts coming due hereunder to any debit and/or credit card(s) you provide (up to 150% of the new replacement cost of the Item(s)). You agree that we may, without notice or liability to you, inspect any Rented Item(s) at any time, and you agree to take reasonable steps to provide us with access thereto at all reasonable times. If any performance required of us is delayed or rendered impractical as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God” (any event, fact or circumstance beyond our reasonable control, including without limitation, severe weather and closure(s) of ski/ snowboarding areas), we shall be excused from such performance. You waive the benefits of all statutes of limitations regarding our rights and remedies. Our maximum liability under this Contract is limited to the amount(s) we receive from you hereunder. If legal action is commenced in connection with this Contract or its subject matter, we will be entitled to recover our costs and expenses associated therewith (including without limitation, attorneys’ fees) from you if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies.

17. For Rentals in California: Prop 65: WARNING: One or more of the Rented Item(s) contains or produces (AND WILL EXPOSE YOU TO) one or more chemicals known to the State of California to cause cancer, birth defects or other reproductive harm (see www.P65Warnings.ca.gov). Estimated Personal Property Tax Reimbursement Amount: You agree to pay us an additional amount equal to the estimated personal property tax reimbursement equal to up to .75 percent of the base Rent, as authorized under Section 1656.5 of the California Civil Code and Part 13.7 of the California Revenue and Tax Code (or their respective successor provision(s)).

18. Any Item(s) sold to you (“Sale Items”), as specifically identified on P.1, are provided “AS-IS” and “WITH ALL FAULTS,” and are subject to the terms of this Contract (modified to address sales); provided that our obligations under § 5 shall expire and terminate 3 days after the date of purchase. All Item(s) not specifically identified as Sale Items on P.1 will be deemed “Rented Item(s)” for all purposes, unless separately agreed in writing by BBBR.

19. This Contract and any addenda(um) we may provide, each of which shall be deemed incorporated herein, represent(s) the entire agreement between you and BBBR, superseding all other agreements and representations (including our advertising). If any provision of this Contract is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deleted, and the remaining terms of this Contract will continue to be valid and enforceable. This Contract cannot otherwise be amended or extended except in a writing signed by BBBR. Time is of the essence. There are no third-party beneficiaries hereto other than the Indemnitees. These Terms and Conditions shall apply to all Item(s) you obtain from us at any time (except only as we may otherwise agree). This Contract: (a) is a true operating lease and not a financing; (b) is fair and reasonable; (c) shall be enforceable by you, Big Benny’s Board Rentals and the other Indemnitee(s); and (d) shall be governed by and enforceable under the laws of California, and proper venue for all civil actions commenced in connection herewith shall lie solely in the federal, state and local courts located in San Bernardino County, California. You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. Digital, electronic, photocopied and facsimiled signatures and initials included on this Contract shall be deemed originals.

20. WARNING: Wrongful possession of, or failure to timely return or pay for, the property of others may be deemed THEFT, and may subject the violator to CRIMINAL PROSECUTION and/or CIVIL PENALTIES.

 

 

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