Terms of Service and Rental Agreement
By renting equipment from ADR, Renter signifies that he or she has read, understood, and agrees to be bound by the terms of this Rental Agreement (“Agreement”).
The following definitions shall apply to this Agreement:
- “ADR” means Adventure Drone Rentals and its employees/agents.
- "Drone” means the drone that has been rented by Renter from ADR including battery, camera, remote control and propellers.
- “Equipment” means the Equipment other than Drones that has been rented or purchased by Renter from ADR including but not limited to controllers, SD cards, cameras, batteries, goggles, and video products.
- “Rental Period” means the period of time that the Renter has been authorized by ADR to use the Drone.
- “Renter” means the person that signs or authorizes this Agreement by renting equipment from ADR.
Age and Eligibility:
- By entering this Agreement, you represent and warrant that you are 18 years old or older, and that you agree to abide by all of the terms and conditions of this Agreement. Any rental Agreement entered in by anyone under 18 is unauthorized and in violation of these Terms of Service.
- Renter will return Drones and Equipment with at least an 80% battery charge. If a Drone or Equipment is returned with less than 80% battery charge, the Renter authorizes ADR to charge an additional 25% fee to Renter's overall rental cost.
- Renter will not: (a) allow any other person to operate the Drone; (b) operate the Drone or Equipment in violation of any laws or for an illegal purpose; and (c) operate Drone or Equipment in a negligent manner or in a manner inconsistent with equipment instructions.
- Before using a Drone or any Equipment, Renter agrees to read and become familiar with all Equipment instructions and to operate the Drone and Equipment only as directed in instructions.
- Renter agrees to return all rented Drones and Equipment in the same condition and packaging method as it was initially received by the Renter, minus normal wear and tear.
- Renter shall be responsible for missing packaging and Drone or Equipment damage or loss, including damage or loss incurred due to Renter’s improper packaging and or handling of Drone or Equipment.
- Once Renter signs the agreement, responsibility of any rented Drones or Equipment shall be considered transferred to and remain with Renter until Renter returns the Drones and Equipment to ADR. During this time, Renter shall be held responsible for any damage, loss or theft of Equipment.
Renter Authorizes ADR to Charge Renter's Credit Card Charge for Damaged or Lost Equipment:
- Authorized Credit Card Charge:
- By renting a Drone and Equipment from ADR, Renter authorizes ADR to charge up to 1.5x the original retail value of Drone and Equipment if the Renter damages or fails to return the Drone or Equipment.
- Inspection of Drone and Equipment and Damage Claims:
- ADR shall inspect rented Drone and Equipment for damage upon return. ADR agrees to make any damage claims within 72 hours of Renter's return of Drone and Equipment. If a damage claim is made the damage amount will be assessed, and after assessment/repair has been performed, the full replacement or repair will be charged to Renter's credit card.
Damaged Drone and Equipment
- If the Renter receives faulty or damaged Drones or Equipment from ADR, Renter must notify ADR within one (1) hour of checking out the faulty/damaged Drone or Equipment. If no notification is received by ADR within one (1) hour of checkout, it shall be assumed the Drone and Equipment was fully functional and in good working order when it was checked out to the Renter.
- If Renter timely notifies ADR that it received faulty or damaged drones or Equipment, ADR will either b) exchange out the faulty equipment with working equipment, or b) issue a refund to Renter.
- Renter will be charged for any damages sustained by the Drone and Equipment while in the custody of Renter, the total cost of which shall not exceed the original retail cost of the damaged Drone or Equipment.
- Renter shall not alter or attempt to repair Drone or Equipment. Doing so will make Renter liable for any damages sustained to Drone or Equipment through attempted repair or for any liabilities or injuries that may later arise with the Drone or Equipment. This provision shall survive termination of this agreement.
Rental Period and Late Fees:
- Single Day Rental Period:
- A single day rental period runs from 12 p.m. the day of the rental to 9 a.m. the following day.
- Late Fees:
- Renter may incur a charge equal to a full-day rental rate for any Drone or Equipment returned after 9 a.m. on the due date. Renter will incur a charge of 1.5x the full-day rental rate for every day late thereafter.
- If the Renter anticipates that he will not be able to return the drone on time, the Renter may contact ADR and, with ADR’s consent, purchase extra rental time so long as contact is made at least two hours before the drone is supposed to be returned. ADR is under no obligation to consent to allowing the Renter to purchase extra rental time.
- A Renter who is more than five (5) days late without prior arrangement from ADR will be charged for the full replacement cost of the rented Drone and Equipment. The five (5) days of late fee charges shall be credited towards the full replacement charge.
ADR Not Responsible for Renter's Personal Property:
- ADR is not responsible for any SD cards, video equipment, or other personal property left behind by Renter.
Cancellation and Refunds:
- Reservation Cancellation:
- Renter shall be entitled to a full refund if ADR receives an email requesting cancellation at least 24 hours before the scheduled Rental Period. The Drone and Equipment rental rate is non-refundable if cancellation occurs less than 24 hours before the scheduled Rental Period.
- Refunds are otherwise given solely at ADR’s discretion.
Familiarity with and Obedience to Laws:
- RENTER WILL NOT USE DRONES OR EQUIPMENT FOR ANY ILLEGAL PURPOSE. Renter is responsible for obeying any and all local, state and federal laws regarding the usage and operation of Drones and Equipment. Renter accepts full responsibly for any criminal liability, and/or civil damages caused by Renter's use or misuse of Drones or Equipment. Renter indemnifies ADR for any liability caused by Renters use or misuse of Drones or Equipment
Indemnity and Release of Liability:
- Regardless of ADR's insurance coverage, Renter shall fully indemnify ADR for any loss, damage, and legal actions, including reasonable attorneys fees that ADR may incur due to Renter’s negligent use or willful misuse of Drone or Equipment during the term of this Agreement, including but not limited to, damage to the Drone or Equipment, damage to the property of others, injury to Renter, and injury to others.
- Renter releases ADR for liability to any damage to person or property, or invasion of privacy, whether unintentional or intentional, or any other mishap that may occur through Renter's use of ADR Drones and Equipment.
- Renter accepts full responsibility for damage or injury to people or property including that which may be sustained by Renter.
- These indemnity and release of liability provisions shall survive the termination of this Agreement.
Conflict of Information:
- If there is a conflict between this rental Agreement and any other communication or information given by ADR to Renter, this Agreement shall take precedence.
Choice of Law:
- This Agreement shall be governed and construed under the laws of the State of Idaho and the parties hereto consent to the jurisdiction of the state courts of Ada County in the State of Idaho in the event of any dispute with respect to this agreement.
- Without ADR's express written permission, Renter may not assign or transfer Renter's rights under this Agreement, or delegate the performance of any of Renter's duties under this Agreement.
- These terms represent the entire agreement between ADR and its Renters. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding on the parties.
- If any of the provisions in this agreement are in conflict with the law, the conflicting portions of the Agreement will be severed and the remainder of the Agreement will remain in tact.
Warranties and Disclaimers:
- ADR provides services with a commercially reasonable level of skill and care. However there are limitations to the products and services. Other than that expressly outlined in the terms of this Agreement, ADR does not make any specific promises about the products or services. ADR makes no warranties such as implied warranty of merchantability, fitness for a particular purpose or otherwise. YOU CHOOSE TO USE ADR’S SITE, STORE, AND SERVICES AT YOUR OWN RISK.