Terms of Service

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Foryst platform, you agree to comply with and be bound by these Terms.

Introduction

Welcome to Foryst LLC. Foryst LLC (the Company) and team provides services 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 our online outdoor gear sharing platform that connects gear owners with customers seeking to book equipment for their outdoor adventure. Foryst is accessible online at forystrentals.com. Foryst’s websites, blog, and associated services, such as events, are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Foryst users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Foryst.

General Terms

Eligibility.

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.

Commitments.

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.

You commit to not interfere with the operation of the Services, including by:

  • interfering with any other user’s listings;
  • entering into a Foryst transaction with a member of your family, household, friend, colleague, or acquaintance;
  • distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Foryst or the interests or property of others;
  • bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
  • systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
  • using display mirroring or framing the Services or any individual element within the Services, Foryst’s name, any Foryst trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Foryst’s express written consent;
  • accessing, tampering with, or using non-public areas of the Services, Foryst’s computer systems, or the technical delivery systems of Foryst’s providers;
  • attempting to probe, scan, or test the vulnerability of any of Foryst’s system or network or breach any security or authentication measures;
  • avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Foryst or any of Foryst’s providers or any other third party (including another user) to protect the Services;
  • forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
  • attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

Communications.

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.

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.

Warranty Waiver.

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.

Hold Harmless/Indemnification.

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 with or the purchase of any Foryst services shall be submitted to confidential arbitration in Illinois, unless you have in some way threatened or violated Foryst’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.

Warning regarding Criminal Conversion.

The use of false or fictitious identification to obtain or post a rental, the failure to return rental property or the failure to pay for its use, is a crime and may result in criminal prosecution.

Enforcement.

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.

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 help@foryst.co.

Customer Specific Terms

The following Sections also apply if you book gear using the Services:

Your Commitments. 

You agree that you will always use the Foryst Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Foryst. As a customer, you commit that you will use the gear in the manner in which it is intended, in a location where the activity is authorized to take place, and to return the gear in essentially the same condition as received. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

  • breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third party rights;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Foryst, or that comes from the Services and belongs to another Foryst user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Foryst;

You commit to not harm or threaten to harm users of our community, including:

  • “stalk” or harass any other Foryst user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Foryst owner or guest in accordance with these Terms;
  • engage in physically or verbally abusive or threatening conduct;
  • use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
  • treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the Foryst community;

You commit to not use the Services for your own unrelated purposes, including to:

  • contact a host for any purpose other than in relation to a booking or said host’s listing(s);
  • contact a guest for any purpose other than in relation to a booking or such guest’s use of the Services;
  • commercialize any content found on Foryst or software associated with our Services, including reviews;
  • harvest or otherwise collect information about users without their and our consent;
  • recruit or otherwise solicit any user to join third party services or websites that are competitive to Foryst, without Foryst’s prior written approval.

Rental Fees and Collection of Additional Fees.

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. Some rentals may require a hold/security deposit, which will be charged at the same time as the rental fee. When you place your rental order, you hereby authorize Foryst, pr any third-party service providers acting on Foryst’s behalf, to immediately charge your payment card for the Rental Fee, any applicable deposit (see “Security Deposit”), and future use in the event that you owe Foryst any money. A reservation is an order for the rental of those items, regardless of how far in advance it is reserved. 

You further authorize Foryst to use stored payment credentials for balances, including for late fees, security deposits, processing fees, fees for any lost or damaged items, or any additional fees that might arise. Foryst and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. Foryst, or the collection agencies we retain, may also report information about your fees to credit bureaus, and as a result, late payments, missed payments, or other defaults may be reflected in your credit report. 

You hereby explicitly agree that all communication in relation to delinquent accounts may be made by e-mail or phone, as provided to Foryst by you. Such communication may be made by Foryst or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information Foryst reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact Foryst support. 

Security Deposit/Credit Card Hold.

When ordering your rental, you may be charged a security deposit or have a hold placed on your credit card 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.

Rental Period.

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. In the event of a late return, you may be charged a late fee.

Late Fees.

Rentals returned after the selected time slot may be assessed a late fee. Foryst reserves the right to charge additional fees for any rentals returned with excessive lateness.

In the event that an item is not returned within 24 hours of the return timeframe, Foryst reserves the right to charge your credit card on file up to the full amount for replacing the equipment to be paid to the gear owner as a recovery for their equipment.

Use of the Products.

Any products rented through Foryst should be used respectfully and with care. Our gear owners are outdoor enthusiasts who want to share their experience with others, and we strive to provide all of our customers and owners 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.

Rentals booked through Foryst 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 the gear owner 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 24 hours 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 with Foryst, 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 may assess a fee to recover loss.

Cancellation Policy.

You can cancel with a full refund up to 48 hours before the scheduled start date of your rental. Cancellations between 24-48 hours before your rental will be refunded your rental fee minus 25% for late cancellation. Anything cancelled less than 24 hours 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.

Collections.

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 rentals 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, our gear owners, 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).

Owner Specific Terms

The following Sections also apply if you share your gear through the Services:

Your Commitments. 

You agree that you will always use the Foryst Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Foryst. As a gear owner (“owner”), you commit that you will provide a safe, clean gear, in good mechanical condition, on time to the customer and will not list your equipment on any other marketplace.

You further commit you will not violate any law, including:

  • breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third party rights;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Foryst, or that comes from the Services and belongs to another Foryst user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Foryst;

You commit to not harm or threaten to harm users of our community, including:

  • “stalk” or harass any other Foryst user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Foryst owner or guest in accordance with these Terms;
  • engage in physically or verbally abusive or threatening conduct;
  • use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
  • treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the Foryst community;

You commit to not use the Services for your own unrelated purposes, including to:

  • contact a host for any purpose other than in relation to a booking or said host’s listing(s);
  • contact a guest for any purpose other than in relation to a booking or such guest’s use of the Services;
  • commercialize any content found on Foryst or software associated with our Services, including reviews;
  • harvest or otherwise collect information about users without their and our consent;
  • recruit or otherwise solicit any user to join third party services or websites that are competitive to Foryst, without Foryst’s prior written approval.

Information Given at Registration. 

When you sign up for Foryst, you will identify outdoor gear that you want to list for sharing through the Services. All items must meet the requirements outlined below. You may only use the Services in connection with items that you own or otherwise have all the necessary rights and permissions to share for compensation.

  • Items we accept for renting include: tents, mattresses, sleeping bags/pads, rain shelters, chairs, tables, coolers, dishes, camp stoves/kitchens, camp accessories (flashlights, roasters, first aid kits, lighters), backpacks, hiking poles, dog camping/hiking accessories, paddle boards, canoes, kayaks, skis, cross country skis, snow shoes, sleds, telescopes, cameras, GoPros, bikes. 
  • Items not accepted for renting include: weapons of any kind, motorized equipment (boats, rvs, snowmobiles, etc.), clothing, shoes
  • If there is an item you would like to rent that is not on this list, email us at rent@foryst.co and we will review your request.
  • All items for rent must be in good condition able to withstand extended use for their intended activity. 

Gear Availability. 

Once a rental is booked, you must make the gear available or deliver the rental as expected by the customer. If you offer the customer the option to pick up your gear at a specified location, you must meet the customer during the specified time to provide the rental. You must also be available during the specified time for the customer to return the gear.

Rental Fees. 

You will have the ability to set and revise the gear’s pricing as you choose. Foryst will pay you the amount collected from those who book your gear, less the applicable fees payable to Foryst. To the extent you owe Foryst money for any reason, Foryst also reserves the right to deduct those amounts from your payment.

Taxes. 

You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor.

Maintenance. 

You are required to regularly check your gear for any defects in its operations or safety. You promise that, at all times, your gear will be in safe condition, in good mechanical condition, and fully ready for hard use in the manner in which it is intended. You agree to regularly update your listing as your gear changes. In addition, if Foryst believes that your gear does not conform to reasonable standards, Foryst may notify you and reserves the right to remove or decline listing your gear until its concerns have been resolved. Foryst may, but does not commit to, undertake efforts to ensure the safety of gear booked through the Services. 

Physical Damage.

In the event that your gear is returned damaged beyond use, notify indicate this in the rental closeout process to notify Foryst immediately of damage. Foryst will work with you to either withhold any applicable deposits or levy additional fees to the customer up to the full amount of the gear. Damage must be reported 24 after the gear is returned to you. 

Insurance.

If you hold insurance on an item, review your policy to confirm it covers commercial use. Foryst is not insuring items and, if you desire insurance, we require that you purchase that coverage on your own.