We know this Agreement can be long and confusing, so we will do our best to keep things as clear and concise as possible. This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.
- Simply by using KitSplit, including browsing the website, you are agreeing to our Terms, so please read carefully. We may change the terms of this Agreement from time to time, and those changes are up to us. If you continue to use KitSplit after our changes, that means you agree to our new terms.
- Remember that we merely facilitate connections between Owners and Renters (each defined below) and are not a party to those agreements between Owners and Renters, except that we may serve as a limited agent to collect the payment of Rentals on Owners’ behalf and report damaged or stolen Gear. When you use KitSplit to rent Gear, you are entering into a binding legal agreement with the Renter or Owner to pay for the rental or provide the requested Gear, as applicable.
- We make no warranty about the quality of the Gear and will not be held liable for any cost, loss, or damage that arises from any transaction (to the extent permitted by law).
- Please remember to always exercise good judgment when communicating with other users either on or off KitSplit.
- Both you and KitSplit Inc. have the right to stop the use of our Services, or to delete your account at any time, but certain provisions of this Agreement will still apply. For example, any disputes you may have with us based on your use of KitSplit, even after your account is deleted, will be governed by this Agreement.
Acceptance of this Agreement
Please note that we reserve the right to revise and amend this Agreement at any time at our sole discretion. Any changes to this Agreement will be posted on our website at https://kitsplit.com/terms-of-use and will become effective immediately upon posting. It is your responsibility to check updates to this Agreement periodically. If you do not agree to any modifications to this Agreement, you should cease using KitSplit. Your continued use of KitSplit after any amendment or modification to the Agreement constitutes your agreement to the amended or modified Agreement.
Before we get going, please note that for purposes of this Agreement, the following terms shall be defined as follows:
“Gear” shall mean a piece of equipment available by an Owner to Renters for rent through KitSplit as described in any Rental Listing, including accompanying accessories and, if specifically indicated, any consumables included therewith. As context requires, Gear may also refer generally to all Gear available on KitSplit or studio spaces for rent.
“Member Feedback” shall mean user feedback on KitSplit about a Rental Transaction or a party to a Rental and the mechanism through which that feedback is delivered.
“Owner” shall mean a party with Gear for rent on or via KitSplit.
“Public Discussion” shall mean the forum elements of KitSplit that allow Users to comment on Rental Listings or blog posts to ask for more details.
“Rental Contract” shall mean an agreement between an Owner and a Renter for a Rental specifying the Rental Period and the Rental Payment. The Rental Contract includes: (i) the Rental Terms, which can be found at https://kitsplit.com/rental-contract, (ii) any variation of the Rental Terms as we may provide from time to time; and (iii) any additional terms agreed upon between the applicable Owner and Renter of Gear to facilitate a Rental through KitSplit.
“Rental Listing” shall mean information published by an Owner on KitSplit in connection with a specified piece of Gear.
“Rental Payment” shall mean a payment made from a Renter to an Owner for Gear rented subject to a Rental.
“Rental” shall mean a rental of Gear between an Owner and a Renter granting Renter the right to use such Gear for a fixed amount of time in exchange for the Rental Payment.
“Rental Period” shall mean the fixed period of time during which there is a Rental between an Owner and a Renter pursuant to a Rental Contract.
“Renter” shall mean a party who rents Gear, pursuant to a Rental Contract, through KitSplit.
KitSplit is an online marketplace designed to connect Renters and Owners. Because all Rentals are directly between Renters and Owners, we cannot and do not have control over the quality, timing, safety, legality, integrity, actions, or omissions of any Owner or Renter. We also do not have control over:
- The truthfulness or accuracy of the Rental Listings;
- The ability of Owners to rent the Gear listed; or
- The ability of Renters to rent or pay for the rental of any Gear.
When using our Services, know that there is no guarantee that the parties will comply with any terms of the applicable Rental Contract.
KitSplit Inc. is not liable for a User’s deceptive or fraudulent acts, voluntary parting of the Gear, theft of Gear, or any other loss caused by a User’s deceptive or fraudulent acts through KitSplit. KitSplit may, in its sole discretion, choose to work with law enforcement and any insurance companies involved, and cooperate with any investigation and produce information about the incident and the parties involved.
You must be at least 18 years old to use our Services. If you are under 18 years old and would like to use KitSplit, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
We operate in the United States of America, and we provide KitSplit for use only by Users located in the United States. Furthermore, KitSplit is hosted in the United States. As such, we make no representation that KitSplit is appropriate or available for use outside the United States. Users who access KitSplit or any part thereof from outside United State do so at their own risk and are responsible for compliance with applicable local laws. For the avoidance of doubt, Users accessing KitSplit from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, are advised that through their continued use of KitSplit, which is governed by U.S. law, consent to transferring their personal information to the United States.
By using KitSplit, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria in our sole discretion.
Subject to your compliance with these Terms, we grant you a limited, non-transferable license to use our Services only for your own personal use and not for the use of any third party (unless you are a parent or legal guardian using the Services for your minor child). If you are signing up for our Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Agreement.
Your Account With KitSplit
You don’t need to create an account on KitSplit in order to browse for Gear. However, you’ll need to create an account with KitSplit in order to enter into any Rental Contract. To create an account, you will need to provide us with your first and last name, email address, a password and other information. Here are a few common sense rules and acknowledgements that we ask you comply with and understand when you create an account:
Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or to impersonate another person or company through your account.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people (e.g., if you’re renting Gear as a collective), then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Your accounts are not transferable. You are solely responsible for any activity on your account, so it’s important to keep your account password secure.
Be clear about our relationship. Except as explicitly stated in this Agreement, creating an account with KitSplit or using our Service does not create an agency, partnership, joint venture, employment, or franchisee relationship with us. No confidential, fiduciary, contractually implied, or other relationship is created with us other than pursuant to these Terms.
Passwords. You’re responsible for safeguarding the password that you use to access KitSplit and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with the above.
Please contact email@example.com to answer any questions you have about registering an account with KitSplit.
Upon receipt of a Rental confirmation from KitSplit, a legally binding agreement is formed between the Owner and Renter, subject to any additional terms and conditions detailed in the Rental Listing, as well as the terms and conditions of the Rental Terms.
If you are an Owner, you understand and agree that we do not act as an insurer or as your contracting agent. By entering into a Rental as an Owner, any agreement you enter into with such Renter is between you and the Renter, and KitSplit Inc. is not a party to it. Notwithstanding the foregoing, you hereby appoint KitSplit Inc. as your limited agent for the purpose of collecting the Rental Payments from Renters, and you understand that our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from Renters. In accepting appointment as the limited collection agent of the Owner, we assume no liability for any acts or omissions of the Owner. As an Owner, you further agree to appoint KitSplit Inc. as a limited agent to purchase and provide you insurance coverage, and to report your Gear as stolen (in our sole discretion).
Please note that, even though we have certain protections in place to maximize coverage for lost or damaged Gear, short-term insurance and damage coverage facilitated by KitSplit typically will NOT cover a Renter’s fraud or failure to return rented Gear (called “voluntary parting” in the biz). By using our Services as an Owner, you acknowledge that there is always a possibility of complete loss that may not be covered by damage coverage or short-term rental insurance. We strongly encourage Owners to separately purchase an insurance policy that covers theft and voluntarily parting for the Gear they post on KitSplit.
Fees and Billing
Service Fees. For each rental, we charge a service fee (“Service Fee”) as follows: (a) 15% – 17.5%% of the Gear’s advertised Rental price as listed on a Rental Listing (the “Listed Rental Price”) from Owners, and (b) 6% of the Listed Rental Price from Renters. The Service Fee helps cover payment processing, member vetting, hosting, our damage and theft coverage, and other services to run KitSplit smoothly.
Here are some things to keep in mind about fees and payment:
Responsibility for Paying Fees. Our Service Fee and any third-party processing fees will be deducted from the Listed Rental Price. Renters will be responsible for paying the Rental Payment for the applicable Rental, which includes the Listed Rental Price, any extra payments related to the Rental, such as delivery, maintenance, or other assistance as linked to the particular Gear listed, and any other applicable fees (as determined in our sole discretion). Once an Owner has accepted a particular Rental, the Renter will be charged and hereby authorizes Stripe to process the Rental Payment. Owner acknowledges and agrees that we will remit the Rental Payment to Owner within 1-3 days from the date the Rental Period for the applicable Rental begins.
Taxes. You will be liable for any taxes (including VAT, if applicable) required to be paid on a Rental (other than taxes on the Company’s income). Except as set forth in this Agreement, Owners will be solely liable for any taxes resulting from any Rental or use of KitSplit (including VAT, if applicable) and will be solely responsible to determine what taxes, if any, he or she must pay. Owners will be solely liable for any income taxes required to be paid on a Rental (other than taxes on the Company’s income).
- If you are an Owner with a physical business location that primarily sells or rent equipment (a “Rental House”), then you are solely responsible for the payment and/or submission of such sales taxes to the appropriate state tax authority. We are in no way responsible for sales tax payments and you shall indemnify us for all costs associated with any claim or alleged claim by any state tax authority for such payments.
- If you are an Owner who is not a Rental House, we will collect any taxes resulting from any Rentals on your behalf and pay the applicable government authorities. We are not liable for any false or incorrect information you provide resulting in an error in tax distributions.
Our Rights. We reserve the right to change the foregoing fees and agree to notify users of any changes in such fees prior to charging you. We also reserve the right, in our sole discretion (but not the obligation), to: (i) place on hold any Rental Payment for an indefinite period, or (ii) refund or provide credits to a Renter or Owner, or arrange for Stripe to do so, from the funds paid by a Renter or received by an Owner if we determine, in our sole discretion, that any impropriety has occurred in a Rental.
KitSplit’s Damage Coverage and Rental Insurance Policies
Disclaimer: Please note that KitSplit is not an insurance provider, broker, or agent. KitSplit is not licensed in any state or country to be an insurance provider, broker, or agent. The KitSplit damage coverage policy is not an insurance policy, instead it is limited coverage provided by KitSplit, as a convenience.
We get it: Accidents happen. To help protect both our Renters and Owners we require Renters to either purchase insurance, purchase a damage waiver, or leave a full deposit with KitSplit prior to renting any Gear. Renters have the choice between three kinds of coverage:
- Purchase Short-Term Rental Insurance or Damage Coverage through KitSplit:
- Buy KitSplit Short-Term Rental Insurance for equipment worth $10,001 or more. KitSplit has teamed up with premiere brokerage firms specializing in the entertainment/media industry to offer affordable insurance products for KitSplit rentals (“Short-Term Rental Insurance”). When checking out, Renters can get an instant quote and instant coverage for any Rental of equipment worth $10,001 or more on KitSplit with this short-term insurance. Short-Term Rental Insurance is subject to certain conditions, limitations, and exclusions, as described in more detail at https://kitsplit.com/short-term-insurance.
- Pay for KitSplit Damage Coverage for equipment worth $10,000 or less. The KitSplit damage coverage policy (“Damage Coverage”) is not an insurance policy, instead it is limited coverage provided by KitSplit, as a convenience, to owners for rentals with a listed replacement value of $10,000 or less. When checking out, Renters can get an instant quote and instant coverage for any Rental of equipment worth $10,000 or less. KitSplit damage coverage is subject to certain conditions, limitations, and exclusions, as described in more detail at https://kitsplit.com/short-term-insurance.
- Use Your Annual Equipment Insurance. KitSplit Renters are welcome to use their annual equipment policy to cover Rentals on KitSplit. All you need to do is make sure your policy is current and eligible to cover the Rental and to upload a Certificate of Insurance (COI) as proof of your coverage. The KitSplit team will call your insurance company to verify that your insurance properly covers the Gear you’re renting. Please note that KitSplit can only verify COIs on weekdays between the hours of 9am-5pm. Therefore, please be sure to upload your COI Monday-Friday before 4pm, at least one weekday before your Rental begins.
- Leave a Deposit for the Full Value of the Equipment. For Rentals with a Rental Period of seven (7) days or less only, KitSplit Renters can choose to leave a deposit for the value of the equipment in the form of a credit card hold. However, this option is only available if the available credit balance on your card is higher than the total value of the Gear in your Rental.
For more information on Insurance, please visit https://kitsplit.com/insurance.
4. Disclaimer: Please note that KitSplit is not an insurance provider, broker, or agent. KitSplit is not licensed in any state or country to be an insurance provider, broker, or agent. The KitSplit damage coverage policy is not an insurance policy, instead it is limited coverage provided by KitSplit, as a convenience.
Communication Between Owners and Renters
KitSplit is community-oriented service that allows for communication and sharing of information between Owners and Renters to facilitate Rentals. In order to build and maintain an amazing community on KitSplit:
Don’t Undermine KitSplit or go off-platform. You agree not to enter into a Rental or otherwise conduct any Rentals outside of KitSplit with an Owner or Renter initially discovered through KitSplit. If your Rental is not paid through KitSplit, you will not be protected by KitSplit’s Short Term Rental Insurance or Damage Coverage and you will be solely liable for such Rental. Going off-platform also will limit our ability to grow and build our community of artists and creative workers. We reserve the right to block you and/or remove you from KitSplit if we find that you have taken a transaction off KitSplit.
Owners must complete Rentals on KitSplit. If you are contacted by a Renter on KitSplit to rent your Gear, you must conduct all written communications through the KitSplit messaging service. If you choose to accept the Rental, you must accept payment and complete the Rental on KitSplit. Any Renter who initially contacted you on KitSplit must thereafter rent from you on KitSplit. If you rent to a Renter who you initially met through KitSplit but you accept payment off of the KitSplit platform, the terms of this Agreement will not apply to such transaction, and you will be completely unprotected and liable for any damage to or theft of your equipment. If you do not complete the transaction on KitSplit, you will be damaging our community’s trust and we reserve the right to remove you and bar you from our Services.
Renters must complete Rentals on KitSplit. If you find equipment to rent on KitSplit you must conduct all written communications through the KitSplit messaging service and if you and the owner choose to go through with the rental you must make payments and complete the rental on KitSplit. When you initially contact an Owner for the first time on KitSplit, and decide to rent from that Owner again, you must thereafter rent from that Owner through KitSplit. If you rent from an Owner who you initially met through KitSplit but you make payments off of the KitSplit platform, the terms of this Agreement will not apply to such transaction, and you will be liable for any damage to or theft of the equipment. If you do not complete the transaction on KitSplit, you will be damaging our community’s trust and we reserve the right to remove you and bar you from our Services.
Be Careful. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don’t know. Each User should undertake his or her own research to be satisfied that a specific User is suitable to enter into a Rental. Owners should always ask to check a Renter’s government-issued identification card or passport in order to ensure that Owners are meeting with the right Renter.
Like many online services, KitSplit allows users to post, transmit, or store text or other materials, such as Rental Listings, Public Discussion, Member Feedback, and third-party links (collectively, “Content”).
Responsibility for Your Content. You should only provide Content that you have the right to share and are comfortable sharing with others. Don’t upload, post, or otherwise transmit any Content to or through KitSplit that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or KitSplit rule or policy. If you do so, we reserve the right to remove any and all of your Content from KitSplit.
Approval of Content. We do not verify or pre-approve any posted Content, and User opinions are not our opinions. We do not warrant, and will not be responsible for, the accuracy, completeness or usefulness of Content posted on or through KitSplit.
Your Use of Our Service
KitSplit is provided for your personal use only. You are responsible for all of your activity in connection with KitSplit and for any use of your KitSplit account. We grant you a limited, non-exclusive, non-transferable, and revocable license to use KitSplit, subject to your good behavior and your adherence to the terms of this Agreement. If you use the Service, we ask that you abide by basic common sense ground rules – specifically:
Don’t Use Our Service to Break the Law. You agree that you will not violate any laws or regulations when using KitSplit. This includes any local, provincial, state, federal, national, and international laws or regulations that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your Gear requires; you may not rent or offer for rental anything that violates any laws; and don’t commit fraud, theft, or any other crimes against KitSplit, another KitSplit user, or a third party.
Respect the Rights of Others. Don’t engage in any harassing, intimidating, or predatory behavior, or stalk any other User or contact a User for any purposes other than to ask a question related to a Rental Contract or a Rental. Don’t upload any Content that violates the rights of any third parties, including but not limited to copyright, trademark, statutory, and other proprietary rights.
Pay Your Bills. You are responsible for paying all fees that you owe to KitSplit. You are also solely responsible for collecting and paying any applicable taxes (i.e. value added taxes) for any purchases or sales you make through our Service.
Don’t Steal from Us. You agree not to “crawl,” “scrape,” “spider,” decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, data, or underlying ideas or algorithms of any part of KitSplit, except to the limited extent applicable laws specifically prohibit such restriction.
Don’t Steal from Each Other. KitSplit is, at its core, a community of people that is largely built on trust. Please be good to each other. If you are a Renter, you agree that you will not willfully fail to return any equipment you rent from any Owner on KitSplit.
Don’t Try to Harm Our Systems. Don’t Try to Harm Our Systems. You agree not to distribute any virus, worm, Trojan horse, or other harmful computer code through the Service.
Respect Our Intellectual Property. The name “KitSplit” and any graphic elements, design elements, presentations, phrases, designs, logos, layout, and source code of KitSplit are owned by us and are protected by copyright, trademark, and other laws.
Respect Our Service. Do not take any action that: imposes or may impose an unreasonable or disproportionately large burden or load on KitSplit’s infrastructure; interferes or attempts to interfere with the proper working of KitSplit or any activities conducted using KitSplit; circumvents any security-related features of KitSplit; builds, or authorizes another party to build, a competitive product to KitSplit; recruits or otherwise solicits any user of KitSplit to join third-party services or websites that are competitive to KitSplit; or bypasses any measures we may use to prevent or restrict access to KitSplit.
Provide Us with Feedback. Your feedback can help us improve your experience and our Service. Any unsolicited ideas or other materials you submit to KitSplit (not including your Content or items you offer for Rental through our Service) are considered non-confidential and nonproprietary to you. You grant us a nonexclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation, credit, or acknowledgement.
Takedown Policy and DMCA Complaints
If a User has uploaded any User Content to KitSplit that infringes an intellectual property right, feel free to send us a request to take down the content at firstname.lastname@example.org. Any such complaints or requests should include your name, mailing address, telephone number, email address, and physical or electronic signature, as well as the following information:
A) If you send us a request to take down content that infringes upon your copyright, your request should include:
- A description of the content that you believe infringes upon your copyright;
- The name of the copyrighted work that you believe is being infringed;
- The website URL that contains or is associated with the infringing content;
- A short explanation of how the content infringes your rights;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information included in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.
Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”): Kristina Budelis.
Copyright complaints and requests can be sent directly to this agent at email@example.com. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.
B) If you send us a request to take down content that infringes upon any other intellectual property rights of your’s (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:
- The intellectual property you own that is being infringed;
- A description of the content you believe infringes upon your intellectual property;
- The website URL that contains or is associated with the infringing content; and
- A short explanation of how the content infringes your rights.
If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the email address of the fake account.
Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile and will send a notice to the other KitSplit user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at firstname.lastname@example.org. Any Counter Notice should include:
- Your name, address, telephone number, and email address;
- An identification of the material that we have taken down;
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the U.S. District Court for the federal district in which you reside, and that you will accept service of process from the complaining party or its agent in the event that a lawsuit is filed against you relating to such content; and
- Your physical or electronic signature.
If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.
Right to Terminate Your Account or Block Access to the Site
We may terminate your account or otherwise prevent you from using KitSplit at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. We further reserve the right to block access to KitSplit to anyone for any reason at any time.
If we terminate your account, you must immediately stop using KitSplit and you agree not to attempt to regain access to KitSplit without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect, and KitSplit reserves the right to retain any data, information, or Content you have provided to KitSplit or posted on KitSplit.
If you wish to terminate your account with KitSplit, please contact us at email@example.com. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
Third-Party Services and Content
In no event shall a description or reference to a third-party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service through KitSplit.
Warranties & Limitation of Liability (or The Things You Can’t Sue Us For)
Disputes Between Renters and Owners. Except as explicitly stated here or as otherwise explicitly agreed in writing, we’re not a party to any Rental Contract between Renters and Owners. We serve only as a limited agent and facilitator by offering a digital communications platform through which Users can execute Rentals. You understand that we do not create, manufacture, store, or inspect any of the Gear rented through our Service. We cannot and do not make any warranties about Gear’s quality, safety, or even their legality. Any legal claim related to Gear you rent must be brought directly against the Owner of the Gear. If you find yourself in a dispute with another user of the Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You hereby release KitSplit Inc. from any claims, demands, and damages arising out of disputes with other Users or third parties.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO KITSPLIT, GEAR RENTED THROUGH KITSPLIT, OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “KITSPLIT PARTIES”) DO NOT WARRANT THAT KITSPLIT WILL BE ERROR-FREE OR THAT DEFECTS WITH KITSPLIT WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF KITSPLIT AND ANY THIRD-PARTY SOFTWARE ON KITSPLIT IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF KITSPLIT, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF KITSPLIT. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF KITSPLIT OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF KITSPLIT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF KITSPLIT AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US.
BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE CONSUMMATION OF RENTALS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS.
WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER, RENTER, OR OTHER THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF KITSPLIT, ITS RENTAL LISTINGS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. THE KITSPLIT PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY RENTAL CONTRACT, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF KITSPLIT, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF KITSPLIT OR FROM ITS RENTAL LISTINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF KITSPLIT, INCLUDING, BUT NOT LIMITED TO, FROM ITS RENTAL LISTINGS OR FROM THE USE OF OR INABILITY TO USE KITSPLIT OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF KITSPLIT, EXCEED THE LOWER OF: (1) AMOUNTS YOU HAVE PAID OR OWE FOR YOUR RENTALS IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (2) $200. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
Indemnification (or What Happens If You Get Us Sued)
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the KitSplit Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys’ fees) arising from or relating to: (i) your use of and access to KitSplit; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule, or regulation, or the rights of any third party; or (v) any Rental or breach of its Rental Contract, including, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.
Choice of Law
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Arbitration and Waiver of Class Action
Agreement to Arbitrate. While we do not get involved in any legal dispute between Renters and Owners (as set forth above), we understand that it is possible that you may have a legal claim directly against us. While we hope that’s not the case, in the event that you do have a dispute with us, you agree to arbitrate any dispute with us arising from this Agreement or your use of KitSplit on an individual basis. That means you cannot sue us in court or have a trial by jury.
Format for Arbitration. In the case of a dispute, you agree that: (i) any in-person arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.
Hearings may be conducted in person, by telephone, or over the internet, and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings.
Furthermore, any disputes, claims, or controversy arising out of or relating to this Agreement, or breach thereof, may (in our sole discretion) be settled by arbitration administered by FairClaims (www.fairclaims.com) (or any other arbitration services that we deem appropriate) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and you consent to electronic service of process.
Other than class procedures and remedies discussed below, the arbitrator will have the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL ALSO BE ENTITLED TO COSTS AND ATTORNEYS’ FEES AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT.
Waiver of Class Action. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU WILL NOT COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in a federal court located in New York, New York. The parties expressly consent to this exclusive jurisdiction and waive any and all objections based on inconvenience of venue or jurisdiction. However, the parties may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one (1) year after such claim arose, where, for purposes of this section, the time that the injury or harm occurred – not when it was discovered thereafter – is where it arose; otherwise, your claim is permanently barred.
Your Relationship with Us
Except as otherwise set forth hereunder, nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship with us.
We reserve the right at any time to modify or discontinue KitSplit (or any part thereof), temporarily or permanently, with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing KitSplit in an unauthorized manner. You acknowledge that under this Agreement, by using KitSplit you are deemed to have received any and all notices that would have been delivered had you accessed KitSplit in an authorized manner.
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provision.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency (local, state, or federal), such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
Questions and Comments
We welcome comments, questions, concerns, or suggestions. Please contact us at: firstname.lastname@example.org.
Effective Date: September 22, 2017.
We know that Terms can be long. Thanks for making it to the end!
KitSplit offers Short-Term Rental Insurance in collaboration with full service brokerage firms specializing in entertainment insurance to provide an affordable insurance option for Renters on KitSplit who rent high value Gear.
Overview of How It Works
Here’s how damage coverage works for rentals of equipment worth $10,000 or less:
- The Renter submits information through a form request and purchases the short-term damage coverage through KitSplit upon a Rental checkout.
- In the event of an incident, claims are submitted to and processed by KitSplit here. If a claim is accepted, Renter will be charged up to the amount of the deductible, and KitSplit will pay for the remaining covered cost for the repair, reimbursement, or replacement of the applicable Gear.
Here’s how Short-Term Rental Insurance works for rentals worth $10,001 or more:
- The Renter submits information through a form request and instantly purchases the short-term insurance through KitSplit upon a Rental checkout.
- The Renter’s details and insurance application will be reviewed and processed by a brokerage firm that KitSplit partners with (“Brokerage Firm”).
- The Renter will receive a certificate of insurance via email before the Rental Period begins.
- Claims are submitted to the appropriate Brokerage Firm.
- In the event of an incident, claims are submitted to and processed by the Brokerage Firm noted on the certificate of insurance (more info on submitting claims below). If such claim is accepted, Renter will be charged up to the amount of the deductible, and the Brokerage Firm will pay for the remaining covered cost for the repair, reimbursement, or replacement of the applicable Gear, as applicable.
Coverage and Exclusions
Short-Term Rental Insurance and Damage Coverage covers claims for Gear that fall under “Property Coverage” below, in the Coverage Territory for the Occurrence Coverage.Property Coverage: Rentals of most Gear listed on KitSplit except the items listed below under “Property Coverage Exclusions”.Coverage Territory: Property will be covered anywhere in the world, except any country or jurisdiction against which the United States Government has imposed trade sanction, embargo, or similar regulation that prohibits the transaction of business with or within that country or jurisdiction (the “Excluded Territory”).Occurrence Coverage: Risks of direct physical loss or damage except those listed below under “Occurrence Coverage Exclusions”.Property Coverage Exclusions: Drones, underwater equipment, specialty/one of a kind, lighting bulbs or any expendables.Occurrence Coverage Exclusions: Damage in transit (during delivery or shipping), personal injury, job/income loss, business interruption, conversion, voluntary parting (i.e., theft by a Renter), embezzlement or secretion, disappearance, dishonest or criminal acts, electrical damage, faulty workmanship, government action, intentional acts, mechanical breakdown or failure, nuclear activity, pollution, rain, sleet, snow, or hail, war, wear, tear, deterioration, or animals (more details in reiffs policy that you will receive by email). IN NO EVENT WILL KITSPLIT INC. BE LIABLE FOR, AND NO COVERAGE UNDER THIS POLICY WILL BE AVAILABLE FOR, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES.
How KitSplit Short-Term Insurance and Damage Coverage Works: Step-by-Step
- Request: Renter selects Gear for rent on KitSplit, enters payment method and chooses to purchase KitSplit short term insurance policy or damage coverage.
- Accept: Owner accepts the Rental request.
- Charge: Once the Owner accepts the Rental request, the Renters’ method of payment wil be charged. If the Renter chooses Short Term Rental Insurance or Damage Coverage, a hold may also be placed on the credit card for the value of the deductible.
- Pickup & Inspection: Upon pickup of the Gear, the Renter must inspect all items to ensure that they are in good working order. By accepting the Gear and taking it in his or her custody, the Renter accepts terms of Rental Contract and that the Renter has received the Gear in good condition. If the Renter finds that the Gear received is NOT in good condition, the Renter must report the discrepancy to the Owner and to KitSplit Inc. within one hour from picking up the Gear.
- Claims:Claims for damage to equipment worth $10,000 or less must be appropriately documented and reported to KitSplit Inc. within one hour from discovery. Undue delay will disqualify any claims from coverage. Report claims by filling out the form here. If you have questions you can also call (917) 722-6792 or email email@example.com.Claims for damage to equipment worth $10,001 or more must be appropriately documented and reported to KitSplit’s broker partner(s).Timing of Claims: Claims reported within one (1) hour following Pickup & Inspection are presumptively the responsibility of the Owner, for which no coverage will be available. In such event, the Renter may return the Gear for a full refund, and the Owner will forfeit the Rental Payment.Claims reported after one (1) hour following pickup & inspection are presumptively the responsibility of the Renter in accordance with the Renter’s applicable insurance coverage.In the event that a Renter is deemed to have stolen Gear from an Owner, and no insurance recovery option is available, Owners should file a police report.
Assessment and Verification
We know that insurance can be complex. If you have any questions please contact us at: firstname.lastname@example.org.
Effective Date: Jan 15, 2019.
KITSPLIT OWNER GUARANTEE
TERMS & CONDITIONS
Effective Date: August 23, 2019
All capitalized terms shall have the meaning set forth in the KitSplit Terms, unless otherwise defined in these Owner Guarantee Terms. If you agree to these Owner Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Owner Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
I. The KitSplit Owner Guarantee
- You, as an Owner will be covered by the KitSplit Owner Guarantee with respect to any Rental of Gear worth less than $20,000 by approving a Rental Request and agreeing to these Owner Guarantee Terms for the applicable Rental Request.
- If an incident occurs and your claim is approved, KitSplit agrees to pay you, as an Owner, 100% of Value of any Covered Gear, less the deductible amount, subject to a Covered Loss, subject to the limitations, exclusions and conditions in the Owner Guarantee Terms. Deductibles are calculated as 20% of the Covered Gear value.
- You must comply with all of the requirements and conditions in these Owner Guarantee Terms in order to be eligible to receive any payments for Covered Losses. Your failure to fully comply will prevent your recovery for any Covered Loss. Please carefully review the definitions of “Covered Loss” and “Covered Gear” below so that you may identify and protect property not covered by the KitSplit Owner Guarantee.
- You agree to use your best efforts to communicate with the Responsible Renter (as defined below) as soon as you have knowledge of a Covered Loss. You must notify KitSplit as well as the Responsible Renter about your complaint and attempt to resolve the loss or damage with the Responsible Renter within 48 hours of the expiration of the Rental Period. You must fulfill this obligation before submitting a Covered Loss Claim Form.
- You agree to promptly file: (a) a police report for theft of the Covered Gear, and (b) a claim under any insurance policy you hold for the Covered Gear. You must fulfill these obligations before submitting a Covered Loss Claim Form.
- You agree that any amounts payable to you under the KitSplit Owner Guarantee will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the KitSplit Owner Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Renter, or other party or an insurer or guarantor of such party.
II. Key Defined Terms
The following capitalized terms shall have the following meanings:
“Covered Gear” means Gear rented to a Renter under a Rental Contract offered in a Rental Listing where the Owner has opted in to the KitSplit Owner Guarantee with respect to such Gear. The Value for any Covered Gear, per rental, or per incident, will in no event exceed $20,000 for purposes of payment under the KitSplit Owner Guarantee.
“Covered Loss” means a Renter’s failure to return Covered Gear after expiration of the applicable Rental Period, but only after such Renter either (a) fails to respond to repeat written communications regarding such Renter’s failure to return Covered Gear, or (B) responds to an Owner’s communications regarding such Renter’s failure to return Covered Gear with an explicit refusal to either return the Covered Gear or reimburse the Owner for the Value of Covered Gear.
“Covered Loss Claim Form” means the form at this link.
“Excluded Losses” has the meaning set forth in Section III below.
“Ordinary Wear and Tear” means the deterioration in condition of Gear that occurs under normal use and conditions.
“Rental Income Loss” is the loss of rental income by you, as an Owner, resulting from a Covered Loss.
“Rental Request” means a request from a Renter to rent an Owner’s equipment after the Effective Date.
“Required Information” means any information reasonably requested by KitSplit regarding a Covered Loss, including, without limitation:
- The make, model, and serial number of the Covered Gear;
- All transcripts of written communications between the Owner and the Responsible Renter;
- A written summary by the Owner of the events before and after the Covered Loss;
- Proof that Owner filed a police report and an insurance claim (if applicable) for the Covered Loss; and
- The contact information of no fewer than three (3) references who will attest to the Owner’s trustworthiness.
“Responsible Renter” means the Renter who rented Covered Gear subject to a Covered Loss.
“Value” means the cost to replace Covered Gear that is lost due to a Covered Loss, measured on the date of occurrence of such Covered Loss, with a reasonable deduction for depreciation. The Value for any Covered Gear will in no event exceed $20,000.
III. Limitations and Exclusions
The KitSplit Owner Guarantee applies to Covered Losses only and does not apply to any of the following (“Excluded Losses”):
- Any damage to or destruction of Covered Gear, including but not limited to any Ordinary Wear and Tear;
- Covered Gear that is returned to the Owner late, provided that such Covered Gear is returned before the Owner makes a valid Guarantee Claim pursuant to these Owner Guarantee Terms.
- Covered Gear that has received the same Covered Losses from a source other than the KitSplit Owner Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Renter, or other party or an insurer or guarantor of such party.
IV. Conditions to the KitSplit Owner Guarantee
In order to be eligible to obtain payment under these Owner Guarantee Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery under the KitSplit Owner Guarantee. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.
- You must have incurred Covered Losses.
- You must have complied with the KitSplit Terms.
- You must have attempted to contact the Responsible Renter within 48 hours following the expiration of the applicable Rental Period for the Covered Gear.
- You must have promptly filed a police report for a theft of the Covered Gear, and share a copy of that report with KitSplit.
- You must have promptly filed a claim under any applicable insurance policy you hold for the Covered Gear.
- You must engage in at least one (1) conversation (either in person or by phone) with KitSplit staff or agents regarding the facts and circumstances of the Covered Loss.
- You must notify KitSplit in writing of the Covered Loss via a Covered Loss Claim Form (link) and provide all Required Information to KitSplit.
- You must prove to KitSplit, in KitSplit’s reasonable discretion, that you did not assist the Responsible Renter in connection with the Covered Loss.
- You must provide 3 references for KitSplit to reach out to learn more about your background.
- You must represent and warrant to the following:
- You have not been convicted of, or charged with, a felony other than a traffic-related violation in the past five (5) years;
- You have not made more than two (2) insurance claims in the past five (5) years;
- You have never had an insurance policy related to film production or equipment cancelled or refused.
V. Disposition of Owner Payment Requests
- KitSplit Owner Guarantee Covered Loss Claim Form
KitSplit will complete its processing of any KitSplit Covered Loss Claim Form that you file within a reasonable period following the date you have (a) completed and filed an KitSplit Owner Guarantee Payment Request Form, and (b) provided KitSplit with all Required Information. In any event, we will use commercially reasonable efforts to complete processing of your KitSplit Covered Loss Claim Form within thirty (30) days after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the KitSplit Owner Guarantee, you will be required to execute and deliver to KitSplit the “Settlement Agreement and Release”, which includes your agreement:
- to assign to KitSplit or its designee(s) full right, title, and interest in the Covered Gear subject to a Covered Loss and any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Renter or from any other party that is financially responsible for the Approved Payment Request (including reasonable attorneys’ fees and costs to recover such amounts);
- to release and hold harmless KitSplit and all officers, directors, employees, contractors and agents of KitSplit from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Covered Loss Claim Form;
- if requested, to treat as “confidential information” the amount of any payment made under the KitSplit Owner Guarantee as well as the facts and circumstances of the Covered Loss;
- to refrain from disparaging KitSplit or making any negative public comments regarding KitSplit.
If you have filed Covered Loss Claim Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid 100% of the Value of all Covered Gear subject to a Covered Loss, minus the deductible amount. The deductible is calculated as 20% of the equipment value. You will be notified by KitSplit and, as a condition of payment hereunder, you will be required to deliver to KitSplit an executed Settlement Agreement and Release. KitSplit may use third party service providers to assist in the processing of the Covered Loss Claim Forms and KitSplit or its designees may use third party service providers to assist in the investigation and adjustment of payment requests relating thereto.
For an Approved Payment Request that involves Covered Loss for Covered Gear that is owned by a party other than you (e.g., a legal entity owned or managed by you), we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Gear. If an KitSplit Owner Guarantee payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for the purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the KitSplit Owner Guarantee, including without limitation any payments made directly to the owner of any Covered Property.
Any amounts payable under the KitSplit Owner Guarantee will be reduced by the amount already paid to you or for your benefit by a Responsible Renter or your insurer(s). Payments for Approved Payment Requests will be paid in US Dollars. The KitSplit Owner Guarantee is not an insurance policy. To the extent you desire protection beyond the KitSplit Owner Guarantee, KitSplit strongly encourages you to purchase insurance that will cover your Gear for theft.
VI. Acknowledgments and Agreements by the Owner
You acknowledge and agree that:
- The KitSplit Owner Guarantee is a guarantee of obligations of a Responsible Renter to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by KitSplit to you with respect to an Approved Payment Request from the Responsible Renter or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.
- KitSplit provides Owners with the KitSplit Owner Guarantee benefits described herein solely for the purpose of promoting use of KitSplit.
- These Owner Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you.
- The benefits provided under these Owner Guarantee Terms are solely as set forth in the paragraph entitled “KitSplit Owner Guarantee” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
- KitSplit and/or its insurer reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Covered Loss Claim Form that you file with KitSplit, notwithstanding your delivery of all Required Information.
- You give KitSplit consent to review all communications between you and the allegedly Responsible Renter via KitSplit, and to disclose your personal information to any applicable third party for the purpose of seeking financial responsibility under an Approved Payment Request.
VII. Modification or Termination of KitSplit Owner Guarantee Terms
To the extent permissible by applicable law in your jurisdiction, KitSplit reserves the right to modify or terminate these Owner Guarantee Terms, at any time, in its sole discretion. If KitSplit terminates these Owner Guarantee Terms, KitSplit will provide you with notice by email at least thirty (30) days before such termination and KitSplit will continue to process all Covered Loss Claim Forms that you filed prior to the effective date of termination, but your right to file any new Covered Loss Claim Forms will immediately terminate. If KitSplit modifies these Owner Guarantee Terms, we will post the modification on the KitSplit Platform at https://kitsplit.com/terms-of-use. KitSplit will continue to process all Covered Loss Claim Forms that you filed prior to the effective date of the modification.
In addition to and without limiting KitSplit’s rights set forth above in the immediately preceding paragraph, KitSplit reserves the right to modify or terminate these Owner Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Owner Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) KitSplit is required to obtain a license or permit of any kind to continue to provide these Owner Guarantee Terms in any jurisdiction; or (iii) KitSplit determines or a court or arbitrator holds that the provisions of these Owner Guarantee Terms violate applicable law. If KitSplit modifies or terminates these Owner Guarantee Terms in accordance with the foregoing, KitSplit will process all Covered Loss Claim Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.
VIII. General Provisions
- You agree to release, defend, indemnify, and hold KitSplit and its affiliates, subsidiaries successors, and assigns, and their respective officers, directors, stockholders, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in any way connected with the KitSplit Owner Guarantee and these Owner Guarantee Terms.
- These Owner Guarantee Terms constitute the entire and exclusive understanding and agreement between KitSplit and you regarding the KitSplit Owner Guarantee and these Owner Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between KitSplit and you regarding the KitSplit Owner Guarantee.
- You may not assign or transfer these Owner Guarantee Terms, by operation of law or otherwise, without KitSplit’s prior written consent. Any attempt by you to assign or transfer these Owner Guarantee Terms, without such consent, will be null and of no effect. KitSplit may assign or transfer these Owner Guarantee Terms, at its sole discretion, without restriction. Your right to terminate the Agreement with KitSplit remains unaffected. Subject to the foregoing, these Owner Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by KitSplit via email, KitSplit notification, or messaging service.
- These Owner Guarantee Terms will be interpreted in accordance with the laws of the State of New York.
- The failure of KitSplit to enforce any right or provision of these Owner Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of KitSplit. Except as expressly set forth in these Owner Guarantee Terms, the exercise by either party of any of its remedies under these Owner Guarantee Terms will be without prejudice to its other remedies under these Owner Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Owner Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Owner Guarantee Terms will remain in full force and effect.
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