Rental agreement

Updated 01/09/2020

BRISKBY RENTAL AGREEMENT

IMPORTANT – READ THIS CAREFULLY BEFORE AGREEING TO RENT WITH BRISKBY.

 

DISCLAIMER: 

EN: As of today, Briskby is available in English only. By accepting this agreement, you declare you are able to read and comprehend English and you agree Terms and Conditions, Privacy Policy and Rental Agreement are made available in English only.

IT: Ad oggi Briskby è disponibile solamente in Inglese. Accettando questo accordo, dichiari che sei in grado di leggere e comprendere l’inglese e sei d’accordo nel prendere visione ed accettare che i Termini e Condizioni, la Policy sulla Privacy e l’Accordo di Noleggio, sono disponibili solo in lingua inglese.

PT: A partir de hoje, o Briskby está disponível apenas em inglês. Ao aceitar este acordo, você declara que é capaz de ler e compreender inglês e concorda que os Termos e Condições, a Política de Privacidade e o Contrato de Locação estão disponíveis apenas em inglês.

ES: A partir de hoy, Briskby está disponible solo en inglés. Al aceptar este acuerdo, declara que puede leer y comprender inglés y acepta que los términos y condiciones, la política de privacidad y el contrato de alquiler están disponibles solo en inglés.

NL: Vanaf vandaag is Briskby alleen beschikbaar in het Engels. Door deze overeenkomst te accepteren, verklaar je dat je Engels kunt lezen en begrijpen en ga je ermee akkoord dat de algemene voorwaarden, het privacybeleid en de huurovereenkomst alleen in het Engels beschikbaar worden gesteld.

FR: À partir d’aujourd’hui, Briskby n’est disponible qu’en anglais. En acceptant cet accord, vous déclarez que vous êtes capable de lire et de comprendre l’anglais et vous acceptez que les termes et conditions, la politique de confidentialité et le contrat de location soient disponibles en anglais uniquement.

DE: Ab heute ist Briskby nur in englischer Sprache verfügbar. Durch das Akzeptieren dieser Vereinbarung erklären Sie, dass Sie Englisch lesen und verstehen können, und Sie erklären sich damit einverstanden, dass die Allgemeinen Geschäftsbedingungen, Datenschutzbestimmungen und Mietverträge nur in englischer Sprache zur Verfügung gestellt werden.

ET: Tänasest on Briskby saadaval ainult inglise keeles. Selle lepinguga nõustudes kinnitate, et oskate inglise keelt lugeda ja sellest aru saada, ning nõustute, et tingimused ja privaatsuseeskirjad ning rendileping tehakse kättesaadavaks ainult inglise keeles.

EN: Από σήμερα, το Briskby διατίθεται μόνο στα Αγγλικά. Με την αποδοχή αυτής της συμφωνίας, δηλώνετε ότι είστε σε θέση να διαβάσετε και να κατανοήσετε τα Αγγλικά και συμφωνείτε ότι οι Όροι και Προϋποθέσεις, η Πολιτική Απορρήτου και η Σύμβαση Ενοικίασης διατίθενται μόνο στα Αγγλικά.

FIN: Briskby on saatavilla tästä päivästä lähtien vain englanniksi. Hyväksymällä tämän sopimuksen ilmoitat pystyväsi lukemaan ja ymmärtämään englantia ja hyväksyt, että käyttöehdot, tietosuojakäytäntö ja vuokrasopimus ovat saatavilla vain englanniksi.

LAT: No šodienas Briskby noma ir pieejama tikai angļu valodā. Pieņemot šo līgumu, jūs apliecināt, ka spējat lasīt un saprast angļu valodu, un piekrītat, ka Noteikumi un nosacījumi, Privātuma politika un Nomas līgums ir pieejami tikai angļu valodā.

LT: Nuo šiol „Briskby“ galima įsigyti tik anglų kalba. Sutikdami su šia sutartimi, jūs pareiškiate, kad mokate skaityti ir suprasti anglų kalbą, ir sutinkate, kad taisyklės ir sąlygos, privatumo politika ir nuomos sutartis yra prieinamos tik anglų kalba.

CZK: Od dnešného dňa je Briskby k dispozícii iba v angličtine. Prijatím tejto zmluvy vyhlasujete, že ste schopní čítať a porozumieť anglicky a že súhlasíte s tým, že Podmienky, pravidlá ochrany osobných údajov a nájomná zmluva sú k dispozícii iba v angličtine.

SL: Od danes je Briskby na voljo samo v angleščini. S sprejemom te pogodbe izjavljate, da lahko berete in razumete angleščino, in se strinjate, da so pogoji in določila, politika zasebnosti in pogodba o najemu na voljo samo v angleščini.

MT: Mil-lum, Briskby huwa disponibbli bl-Ingliż biss. Meta taċċetta dan il-ftehim, tiddikjara li kapaċi taqra u tifhem l-Ingliż u taqbel li t-Termini u l-Kundizzjonijiet, il-Politika tal-Privatezza u l-Ftehim tal-Kiri huma disponibbli bl-Ingliż biss.

 

For the purposes of this Agreement, (a) “Gear” is any type of fitness or recreational equipment, such as a treadmill, spinning bike, rower, dumbbell, kettlebell, yoga accessories, weights, laser boats, snowboard, surfboard, stand up paddle board, etc. made available through the Briskby website (“Site”,”Briskby Platform” or “Briskby Services”); (b) the “Renter” is the person renting the Gear and any other equipment using an account created on the Site), and the “Owner” is the owner or authorized agent for the Gear made available for rent via the Site. Owners and Renters are collectively referred to as “Users”. This is a binding agreement between Renter and Owner. Briskby (“Briskby”), which is a brand operated by Jacleroi Malta LTD, is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement.

PLEASE READ THESE TERMS and ALL Briskby POLICIES including the Briskby Privacy Policy (https://briskby.com/policy/terms-of-service), the Briskby Terms and Conditions (https://briskby.com/policy/terms-of-service) and the the Briskby Warranty Plan  (collectively the “AGREEMENT”) carefully before using the services offered by Briskby.

Owner enters into this Agreement and allows Renter to rent and use the Gear, along with any associated equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement. By entering into this Agreement to rent and use the Gear, Renter acknowledges that:

  • he or she has read and understood this Agreement;
  • he or she agrees to be bound by all of the terms of this Agreement;
  • he or she is knowledgeable with respect to the type of Gear being rented and adjustments required for safe operation and use; and
  • If he or she is not knowledgeable with respect to the type of equipment being rented and the specific adjustments required for its safe operation and use, he/she is hereby advised to seek assistance of a suitably qualified person or instructor for proper evaluation, adjustment and tuning of the Gear

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT the Gear OR ANY OTHER EQUIPMENT.

Use of the Briskby Platform or use of the Briskby Services confirms that You agree to be bound by this Agreement and terms and conditions as provided herein.

Renter and Owner agree as follows:

  1. RENTAL

1.1. Agreement to Rent. By accepting this Agreement, Owner agrees to rent the Gear to Renter, and Renter agrees to rent the Gear from Owner, on the terms and subject to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”).

1.2. Booking and Payment. Renter authorizes Briskby to charge the amounts due as a result of the Booking Rental process to Renter’s credit card or other payment method. Charges for upcoming rentals will be processed at the time of the booking.

1.3. Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss, theft and/or damage to the Gear.  

1.4. Pre and Post Rental Form. Owner and Renter acknowledge that the Pre and Post Rental Form must be completed prior to commencement of the Rental Period and upon completion of the Rental Period. Owners must retain all completed Pre and Post Rental forms for a period of 12 months after completion.

1.5. Refunds and Cancellations. No refunds are available unless mutually agreed and facilitated by the Owner and Renter. If an Owner agrees to refund part or all of a Rental Payment, the Owner must refund the Rental Payment back into the Renter’s nominated account less the Briskby Service Fee.

1.6. Guarantee. THE BRISKBY WARRANTY PLAN offers protection should a Renter default on their obligations. More details can be found in the T&C.

1.7. Security Deposits. Owners may choose to include security deposits in their Listings. Each Listing will describe whether a Security Deposit is required and the form of security that will be taken. Where a Security Deposit is required, Renter agrees to provide the Security Deposit and Owner agrees to hold the Security Deposit for the Rental Period. Renter acknowledges that the Security Deposit may be used to pay the Owner for loss and/or damage caused to the Gear during the Rental Period. Owner acknowledges that they are responsible for refunding the Security Deposit, either in part or in full at the end of the Rental Period. Briskby is not responsible for accepting administering, or returning Security Deposits. Further, Briskby is not responsible for administering or accepting any claims related to Security Deposits, and disclaims any and all liability in this regard. Owners should be aware of the local laws and jurisdictions governing the taking of Security Deposits before deciding whether or not to accept a Security Deposit.

  1. OWNER OBLIGATIONS

2.1. Condition of Gear. By making the Gear available for rent hereunder, and agreeing to the terms of this Agreement, Owner represents and warrants that (a) he or she is the sole owner of the Gear, or that he or she has full agency or other authority to enter into this Agreement and to rent the Gear to Renter; (b) the Gear has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the Gear is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the Gear during the Rental Period, other than adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level; (d) and that Gear, they have had a professional service by a qualified mechanic within the preceding 12 month period and the Owner must maintain evidence of the service and a record of faults found/rectified for a minimum period of 12 months from the date of service. Unless expressly agreed, the Rental does not include additional equipment, such as lights, locks, helmets, car racks or GPS devices.

  1. RENTER OBLIGATIONS

3.1. Usage. No other person may use or otherwise operate the Gear except Renter. Renter is prohibited from misuse the Gear or carrying more people than himself at any time (including but not limited to laser boats and similar items). Renter may not add any kind of modification to allow someone to use the gear in a different way than its sole purpose. Renter is prohibited from pulling or towing any passenger or object with the Gear at any time. For rentals of water sports equipment, unless expressly included in the Rental, Renter is responsible for provision of suites, boots, gear, gloves, helmet, shades and any other accessory. Renter is also responsible for making proper adjustments to the Gear and associated equipment, if any, to match Renter’s height, weight and skill level. Renter is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Renter knowingly and voluntarily waives any claim it may have against Owner and Briskby with respect to the proper adjustment of bindings, boots, helmets, seat posts and other equipment. Caring for the goods. You must use the goods carefully and properly. Apart from any arrangements for maintenance with the Owner, you must keep the goods in good working order and condition at your expense. User adjustments must be carried out by you (eg seat and handlebar heights) and you must replace batteries at your expense. You may not tamper with the internal working parts of the goods. 

3.2. Renter must follow all laws, rules and regulations, as well as posted signs and warnings. For action sports Renter should always be aware of sea and routes conditions, as well as weather and other environmental factors which may affect safe operation of the Gear. Renter is responsible for securing the Gear at all times, including the use of theft prevention devices, where appropriate, and only storing the Gear in an enclosed area at night. Renter is also responsible for any injuries to themselves or other people, or damage to the Gear or any other property during the Rental Period.

3.3. Return. Renter agrees to return the Gear to Owner in the same condition as received, except for ordinary wear and tear and ordinary adjustments meant to fit the Gear to the user’s height, weight and skill level, on the due date and time and at the location specified by Owner at time of rental. Renter understands that there may be additional charges if the Gear is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental.

3.4. If Renter fails to return the Gear at the agreed date, time and location, and has not agreed with Owner or Briskby on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Renter fails to return the Gear at the rescheduled time and place, then (a) Briskby shall determine that Renter does not intend to return the Gear; (b) Briskby or Owner may lawfully repossess the Gear; and (c) Briskby and Owner may exercise any other rights or remedies, and take any other necessary measures, to repossess the Gear and/or collect the full amount owed by Renter hereunder.

3.5. If Owner fails to appear at the scheduled time and place for return of the Gear, Renter remains responsible for the safekeeping of the Gear. In such an event Renter should contact the Owner to arrange alternate means for return of the Gear. Owner shall be responsible for any fees incurred by Renter in connection with such alternate return method. Briskby shall not be responsible for any delay or loss of use of the Gear due to the Owner’s failure to appear as scheduled or to make alternate payment and return arrangements.

3.6. Repossession. Owner may repossess the Gear at any time if: (a) the Gear is used in violation of law; (b) it appears the Gear is abandoned, (c) the Gear is used in violation of any term or condition in this Agreement, (d) Renter made a misrepresentation to Owner or (e) Renter fails to return the Gear when due. Owner is not required to notify Renter in advance of repossession.

3.7. Prohibited Use. Use of the Gear is restricted to the general geographical area agreed upon by Renter and Owner. Renter will not operate Gear outside of this area and will not remove Gear from this area. Renter agrees not to use or permit the Gear to be used for hire or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Gear to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Owner for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. Gear should not be stored outside overnight, with or without theft prevention devices. Owner may not approve overnight outdoor storage, and Renters are advised that any approval or direction by Owner will not relieve Renter of potential liability.

3.8. Damage to Gear. Renter shall pay Owner for all losses and/or damage to the Gear, except for ordinary wear and tear that does not impact the usability of the Gear or significantly impact the resale value of the Gear, regardless of fault (e.g. Renter agrees to pay for the loss or damage even though someone else caused the damage or is at fault).

3.9. Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the Gear, including any instructions or security devices provided by the Owner.

3.10. Renter agrees to pay the Owner for the loss and / or damage to the equipment in accordance with the market costs related to the repair of that damage and / or loss. The owner is obliged to notify the Renter of any amount due by sending a quote from third-party companies or professionally qualified technicians, able to carry out that repair and / or replacement.

3.11 Briskby will not be liable or held responsible for recovering funds on behalf of the Owner in respect to losses and/or damage to the Gear.

3.12 Repairs. If Renter experiences any malfunctions with the Gear during the Rental period, Renter should immediately notify Briskby and Owner to obtain authorization for repairs. Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the Gear. Renter understands that Owner will not reimburse Renter for any authorized repairs without receipts. All repairs needed as a result of the use of the Gear will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Renter. Owner shall be responsible for returning the Gear to its prior state due to adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. If a malfunction compromises the safety or usability of Gear during a Rental, the Renter should contact the Owner immediately and arrange for return of the Gear to the Owner. In such an event, the cost for any remaining days of the Rental would be refunded to the Renter.

3.13. Ownership. the Gear, at all times, remains the exclusive property of Owner. Renter is responsible for theft, damage to or loss of Gear. If the Gear is stolen, lost, destroyed or damaged beyond repair in the judgment of the Owner, Renter agrees to pay the Owner the value of Gear.

3.14 Change of address. If you move, you must inform us beforehand. You may not move any of our goods from the delivery address without prior written permission from us.

3.15 Where the goods are to be kept. You must keep the goods safely at your address shown over the page and in the Pre Rental form. You may not move them elsewhere without first getting our permission in writing.

3.16 Insuring the goods. We strongly encourage Renters to apply for a Households Contents Insurance to keep the Gear insured with a reputable insurer against any and all theft, loss of, or damage to, the gear (however it is caused). 

  1. ACKNOWLEDGEMENT OF RISKS, WAIVER AND INDEMNITIES

4.1. Acknowledgement of Risks. Renter understands and acknowledges that the Gear is provided “as is” and without warranties. Renter further understands and acknowledges that fitness, water and other action sports are hazardous activities that entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Renter understands that such risks cannot be eliminated by Owner without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision water vehicles, striking obstructions or other persons, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).

4.2. Renter understands that surfboards, windsurfs, kite surf, laser boats and similar water equipment contain systems that may not release or retain at all times, even where release or retention might prevent or minimize injury, and that certain systems are not designed to release at all. Renter acknowledges all the risks of operating Gear on seas and trails in traffic and any other environment where the Gear might be used, including but not limited to the risks of serious bodily injury or death from falling off the Gear, colliding with other surfers, boats, or suffering sudden loss of control from flat wind or sea waves due to unforeseen conditions, sails failing, binding failure or other mechanical failure, and hazards relating to weather conditions. Renter understands that protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident.

4.3. Assumption of risk. Renter knowingly, intelligently and voluntarily assume all risks related to the operation and possession of the gear, including, without limitation any bodily injury or death to any person, or property damage to any property which may result from the operation of the gear or possession of the gear even if such loss or damage is due to any negligence of owner, Briskby, their agents, employees, officers, partners, members, successors and/or assigns. Despite knowing all associated risks, renter freely assumes all risks of personal injury and/or damage in the operation of this gear and renter agrees to hold owner and Briskby harmless from all claims of injury or damage.

4.4. Waiver and Release. In consideration of Owner renting the Gear, Renter specifically releases and forever discharges Owner, Briskby, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Renter may suffer while renting this Gear and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of the Owner, Briskby, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release Owner and Briskby and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Owner or Briskby or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Gear or participating in fitness, water and action sports or any other activity associated with the Gear, Renter will have no right to make a claim or file a lawsuit against Owner, Briskby or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.

4.5. Indemnification. Renter agrees to indemnify and hold harmless Owner and Briskby and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including legal fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in this activity or use of the Gear, including the possession, use, operation, or return of the Gear, and including any such claims which allege negligent acts or omissions on the part of Owner or Briskby. Should Owner, Briskby or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.

4.6. Renter Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that the Owner and/or Briskby may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the Gear. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder.

4.7. Physical Condition. Renter understands that he or she should be in good physical health to participate in fitness, water, snow, air and other sport related activities. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such medical condition.

  1. GENERAL PROVISIONS 

5.1. No Warranty

5.1.1. Except for liability in relation to any Non-excludable Condition, the Briskby service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent allowed by law.

5.2. Limitation of Liability

5.2.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law Briskby specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any gear or service supplied), arising out of or in any way connected with any transaction between Renters and Owners.

5.2.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Briskby specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any gear or service supplied), arising out of or in any way connected with any transaction between Renter, Owners and any Third Party Service Provider who may be included from time to time on the Briskby Platform.

5.2.3. Except for liability in relation to a breach of any Non-excludable Condition, Briskby’s liability to any User of this service is limited to the total amount of fees paid by that User to Briskby during the twelve month period prior to any incident causing liability of Briskby.

5.2.4. Briskby’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing gear in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

5.3. No Agency

5.3.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Briskby, its related entities or affiliates in any way whatsoever. Briskby confirms that all Third Party Services that may be promoted on the Briskby service are provided solely by such Third Party Service providers. To the extent permitted by law, Briskby specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.

5.4. Third Party Claims

5.4.1. Neither Owner nor Briskby shall be responsible if Renter causes injury to another person or if Renter damages another fitness equipment, water sports equipment or personal property of another. Renter agrees to protect, defend, indemnify and hold Owner and Briskby harmless and pay any claim, including legal fees, brought by a third party arising out of Renter’s use of the Gear and for any liability associated with any personal accident/injury as a result of Renter’s use of the Gear.

5.5. General

5.5.1. This Agreement is governed by the laws of Malta. You and Briskby submit to the exclusive jurisdiction of the courts of Malta.

5.5.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

5.5.3. This Agreement may be assigned or novated by Briskby to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.

5.5.4. This Agreement sets out the entire understanding and agreement between the Owner and Renter with respect to its subject matter.

5.5.5. Third Party Beneficiary. Briskby shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to Briskby herein.

5.5.6. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

5.5.7 a) The weight of the heaviest user must be agreed upon, and adhered for the duration of the hire. b) Briskby staff are not qualified fitness instructors; you will only be instructed on how to use the machine and your usage is at your own risk. c) Briskby do not manufacture equipment and cannot be held responsible for accidents or injuries caused by its use. d) Equipment rented on Briskby platform is not to be used by anybody under the age of 16, unless agreed by Parent/ guardian accepting full responsibility. e) Briskby recommends that all Renters consult a doctor before commencing a physical training programme or Action Sport. f) Briskby cannot be held responsible for accidental damage caused to your home whilst delivering and collecting a machine. g) All warranties and implied terms concerning the Gear supplied and any costs, losses, damages, or injury suffered by you are excluded to the maximum extent permitted by law. h) Our maximum liability to you shall not exceed the sum received from you for the hire of the equipment. Use of your information In considering whether to enter into this agreement we will search your record at credit reference agencies. They will add, to their record about you, details of our search and your application and this will be seen by other organisations that make searches. This and other information about you and those with whom you are linked financially may be used to make credit decisions about you and those with whom you are financially linked. We may use a credit scoring or other automated decision making system. We will also add to your record with the credit reference agencies of your agreement with us, any payments you make under it and any default or failure to keep its terms. These records will be shared with other organisations and may be used and searched by us and them to: a) Consider applications for 

credit and credit related services, such as insurance, for you and any associated person b) Trace debtors, recover debts, prevent or detect money laundering and fraud, and to manage your account(s) It is important that you provide us with accurate information. 

We may check your details with fraud prevention agencies and if you provide false or inaccurate information or we suspect fraud, this information may be recorded. Fraud prevention agency records will be shared with other organisations to help make decisions on credit, motor, household, life and other insurance proposals or claims for you and members of your household. We will use personal information about you which we acquire in connection with any application you make to us, or any agreement you enter into with us, to manage your agreement and for statistical or market research purposes. If we transfer, charge or assign your agreement to a third party or if we employ a third party to manage any aspect of your account, we will pass relevant information about you to them.. You have a legal right to these details. You have a right to receive a copy of the information we hold about you. A fee may be payable. Use of associated records Before entering into this agreement we may search records at credit reference agencies, which may be linked to your spouse/partner, or other persons with whom you are linked financially. For the purposes of any application of this agreement you may be treated as financially linked and you will be assessed with reference to “associated records”. Where any search or application is completed or agreement entered into involving joint parties, you both consent to us recording details at credit reference agencies. As a result an “association” will be created which will link your financial records and your associate’s information may be taken into account when a future search by us or another lender unless you file a “disassociation”at the credit reference agency.

 

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