Welcome to Foryst LLC. Foryst LLC (the Company) and team provides services to subject to notices, terms and conditions as set out below. By accessing, browsing, or renting on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.
With this site, we aim to make it easier for you to enjoy the outdoors through renting easy-to-use kits with the key items you need for each activity and any individual items you need along with tailored content to help you find the best places to use the gear.
You must be 18 years or older to use the services of Foryst LLC in any manner. By using our services and accepting the Terms and Conditions, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these terms. You also represent and warrant to the Company that you will use our services in a manner consistent with any and all applicable laws and regulations.
Errors, Inaccuracies and Omissions.
Foryst LLC attempts to be as accurate as possible. However, given the continually changing landscape of technology-based business, it is possible that our website might display products that are unavailable or inaccurate information from time to time. As such, Foryst LLC does not warrant that product descriptions and website content is accurate, free of errors, complete or current 100% of the time. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel order if any information is inaccurate at any time without prior notice (including after you have submitted your order). If you encounter an issue when placing an order or receiving products, please notify us immediately through our customer support line at (312) 569-0864 or email@example.com.
The rental fee for the rental will be the total of the rental fee listed on the Site and any applicable taxes for your rental of the kit. When you place your rental order, you hereby authorize Foryst LLC to immediately charge your payment card for the Rental Fee and any applicable deposit (see “Security Deposit”). A reservation is an order for the rental of those items, regardless of how far in advance it is reserved.
When ordering your rental, you may be charged a security deposit to be released once your equipment is returned and confirmed in quality condition. You agree that Foryst LLC may deduct any amount you owe from any deposit (whether identified as a ‘Security Deposit’ or otherwise) you have provided to us. The amount of such deposit is not a limit of your liability or responsibility for the Equipment. You will not be entitled to interest on the Security Deposit.
Credit Card Authorization.
Subject to such limitations as may be set forth in applicable law, you irrevocably and unconditionally authorize Foryst LLC to immediately submit for payment on the credit card you have provided, all estimated charges coming due under this Agreement, and you agree to indemnify, defend and hold harmless Foryst LLC with respect to the same.
The rental period is defined based on your date selection at checkout. The rental must be picked up during the time slot you identified at check out, and it must be returned during the selected return time slot.
Rentals returned after the selected time slot may be assessed a late fee. Foryst LLC reserves the right to charge additional fees for any kits returned with excessive lateness.
Use of the Products.
Foryst LLC products should be used respectfully and with care. Our products are of good quality, and we strive to provide all of our customers with a top-quality experience. As such, if any products in rentals are returned with damage beyond normal wear and tear, you agree to pay a damage fee. “Beyond normal wear and tear” includes: rips, tears, stains and missing parts, burn holes, dents, and any other damage that would negatively affect the ability to use the product as intended.
Our products are authorized for use only by you. The products are authorized for use only for its ordinary purpose.
Care of Equipment.
You must protect the products against misuse and exposure to adverse conditions and any other abuse or neglect. You must also ensure that the products remain in good operating condition and are returned to us at the end of your rental term.
Ordinary Wear and Tear.
“Ordinary Wear and Tear,” meaning normal deterioration resulting from the proper and intended use of the products in accordance with the terms of this Agreement, will not be considered damage. Damage which is not “Ordinary Wear and Tear” (and for which you will be solely responsible) includes without limitation, theft, mysterious disappearance, damage due to overloading or exceeding rated capacities, non-standard use, operation without proper supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents and intentional damage.
Return of Equipment.
You agree that the rented products when returned will be clean, free of all regulated or hazardous substances (including without limitations, substances identified as “hazardous materials” under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA) and/or any other federal, state or local laws, rules and/or regulations purporting to deal with toxic or hazardous substances), rental-ready, and otherwise in the same order condition and repair as when you picked it up. You agree to pay a reasonable charge for any products returned in any other condition. Any rentals not returned within 3 days following your return date will be deemed lost, and you will be charged full replacement fees.
Receipt/Inspection of Equipment.
You acknowledge that you, upon receipt of the products, inspected, examined and accepted the products, and that, as delivered to you, it is safe and in good operating condition and repair and otherwise in all ways acceptable to you.
Lost or Stolen Products.
We know that accidents happen, especially when adventuring outdoors. However, when you rent our equipment, you agree to return it to us in good condition. As such, we unfortunately will have to charge you a fee for any lost or stolen products.
Lost Return Packaging.
All rentals must be returned in the packaging, such as duffel bag or backpack, that they are contained in when you pick them up. If you lose the packaging, Foryst LLC will assess a fee to recover loss.
You can cancel with a full refund up to 48 hours before the scheduled start date of your rental. Cancellations 12 hours before your rental (before 8pm the day before your rental date) will be refunded your rental fee minus 25% for late cancellation. Anything cancelled after 8pm the day before your rental will not be refunded.
Limits of Rentals.
You acknowledge and agree that we may place limits on the rentals, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals for any reason in our sole discretion, including but not limited to availability and geographic concerns.
If you do not pay the amounts you owe to Foryst LLC when due, then Foryst LLC will need to institute collection procedures. You agree to pay Foryst LLC’s costs of collection, including without limitation reasonable attorneys’ fees.
Assumption of Risk.
You acknowledge that the possession, use, transportation and/or storage of the kits and products contained within them may give rise to the risk of personal injury and/or property damage. You voluntarily assume all such risk and release and discharge Foryst LLC and the products from any and all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with our negligence (other than our intentional misconduct).
Compliance with Laws.
You agree to comply fully, at your sole cost, with all laws and regulations applicable to the storage, use, and transportation of the equipment.
The rental products are provided “as-is” and “with all faults”. We make no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose), nor do we make any warranty against interference, infringement, that the products are fit for your intended use, application or environment, or that they are free from defects (latent or patent). No warranties shall be deemed to exist with respect to the equipment. Your sole remedy for any failure of or defect in or with respect to any of the products is termination of the accrual of rental charges at the time of failure.
You assume all risks associated with the possession, use, transportation and storage of the rental products. Accordingly, you hereby waive any and all liens and claims arising from or associated with, and agree to indemnify, defend and hold harmless Foryst LLC from and against, any and all liabilities, claims, damages, losses, costs and expenses (including without limitation, attorney’s fees, claims for bodily injury(ies) (including deaths), property damage, loss of time/and or inconvenience) resulting from or arising in connection with such possession, use, transportation and/or storage, regardless of the cause and including any injuries and/or damages suffered by you, your employees and/or any third party(ies), except to the extent directly resulting from our intentional misconduct.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL Foryst LLC BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF Foryst LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER “Warranty Waiver” OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
Applicable Law/Venue; Dispute Clause.
Any dispute relating to any activity on Foryst LLC or the purchase of any Foryst LLC products shall be submitted to confidential arbitration in Illinois, unless you have in some way threatened or violated Foryst LLC’s intellectual property rights, whereby Foryst LLC may seek an injunctive.
External Links / Third-Party Links.
From time to time we may link to or refer to other websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Foryst LLC is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Foryst LLC, and Foryst LLC has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Foryst LLC endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
You consent to receive communications from us, including email, text messages, and calls, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you.
Warning regarding Criminal Conversion.
The use of false or fictitious identification to obtain rental property, the failure to return rental property or the failure to pay for its use, is a crime and may result in criminal prosecution.
You agree to pay all attorneys’ fees and other costs Foryst LLC may incur in enforcing or exercising our rights under this Agreement, whether or not a suit is filed.