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This Agreement must be accepted prior to the authorisation for any hire. It is legally binding and should be read through properly. Please also review the Terms & Conditions and Privacy Policy documentation, also available on the KitUp website.

Updated 19th October 2022

IMPORTANT – READ THIS CAREFULLY BEFORE AGREEING TO HIRE OUT YOUR (THE USER’S) EQUIPMENT OR HIRE EQUIPMENT FROM OTHER USERS THROUGH THE KITUP PLATFORM.

For the purposes of this Agreement, (a) “kit” is any type of recreational equipment, such as a bicycle, snow skis, snowboard, surfboard, stand up paddle board, tent etc. made available through the KitUp online Platform (“Platform”, “Site”, ”KitUp Platform” or “KitUp Services”); (b) the “Hiree” is the person hiring any equipment, using an account created on the Platform), and the “Hirer” is the owner or authorised agent for the kit made available for hire via the Platform. Hirers and Hirees are collectively referred to as “Users”. This is a binding agreement between Hirer and Hiree. KitUp Adventures LTD, (to be referred to as “KitUp” throughout this agreement) is a party to this Agreement solely to the extent necessary to facilitate the hire 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 KitUp POLICIES including the KitUp Privacy Policy and the KitUp Terms & Conditions (collectively the “AGREEMENT”) carefully, before using any of the services offered by KitUp.

The Hirer of the equipment enters into this Agreement and allows a Hiree to hire and use the kit, along with any associated equipment (the “Hire”), only on the condition that the Hiree accepts ALL of the terms in this Agreement. By entering into this Agreement to hire and use the kit, the Hiree acknowledges that: 

• They have read and understood this Agreement;
• They agree to be bound by all of the terms contained within this Agreement;
• They are knowledgeable with respect to the type of kit being offered for hire and any adjustments which might be required for safe operation and use by the hiree; and
• If they are not knowledgeable with respect to the type of equipment being offered for hire and the specific adjustments required for its safe operation and use, they are hereby advised to seek assistance from a suitably qualified person or instructor for proper evaluation, adjustment and tuning of the relevant equipment.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO OFFER ANY EQUIPMENT FOR HIRE OR TO HIRE ANY OTHER EQUIPMENT LISTED ON THE KitUp PLATFORM.

Use of the KitUp Platform or use of the KitUp Services confirms that you agree to be bound by the terms contained within this Agreement and the terms and conditions provided herein.

The Hirer and Hiree agree as follows:

1. HIRE

1.1. Agreement to Hire. By accepting this Agreement, the Hirer agrees to Hire out their equipment to a given Hiree, and the Hiree agrees to hire the kit from Hirer, on the defined terms and subject to the conditions set forth herein, and for the period agreed via the Platform (the “Hire Period”).

1.2. Booking and Payment. Hirer authorises KitUp to charge the amounts due as a result of the Booking Hire process to Hiree’s credit card or other payment method. Charges for upcoming hires will be processed at the time of the booking. The hirer accepts that a KitUp fee of 20% will be deducted from the overall value of the hire transaction, leaving the hirer with 80% of the payment sent by the hiree, for that relevant transaction. Any payment processing charges, via PayPal, or other, will be deducted from the KitUp portion of the transaction, and will not impact the 80% value due to the hirer, or the hiree, in any regard. 

1.3. Payment. Hiree 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 Hire itself, including, without limitation, charges for loss and/or damage to the kit.  

1.4. Pre and Post Hire Form. Hirer and Hiree acknowledge that the Pre and Post Hire Form must be completed prior to commencement of the Hire Period and upon completion of the Hire Period. Hirers must retain all completed Pre and Post Hire 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 Hirer and Hiree. If a Hirer agrees to refund part or all of a Hire Payment, the Hirer must refund the Hire Payment back into the Hiree’s nominated account, less the KitUp Service Fee (which will have already been processed during the initial transaction) and is non-recoverable.

1.6. KitUp Guarantee. The KitUp Guarantee offers protection should a Hiree default on their obligations while in custody of the equipment in question. 

1.7. Security Deposits. Hirers 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, the Hiree agrees to provide the Security Deposit to the Hirer, and the Hirer subsequently agrees to hold the Security Deposit for the duration of the Hire Period. The Hiree acknowledges that the Security Deposit may be used to pay the Hirer for loss and/or damage caused to their equipment during the Hire Period. The Hirer acknowledges that they are responsible for refunding the Security Deposit, either in part or in full, at the end of the Hire Period. KitUp is not responsible for accepting, administering, or returning Security Deposits. KitUp is not responsible for administering or accepting any claims related to Security Deposits, and discounts any and all liability in this regard. Hirers 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.

2. HIRER OBLIGATIONS

2.1. Condition of kit. By making the kit available for hire hereunder, and agreeing to the terms of this Agreement, the Hirer represents and warrants that (a) he or she is the sole Hirer of the kit, or that he or she has full agency or other authority to enter into this Agreement and to hire out the kit to Hiree; (b) the kit has been accurately described on the Platform, including any known faults or mechanical issues; (c) except as clearly set forth on the Platform, the kit is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Hiree to attain their expected use of the kit during the Hire Period, other than typical adjustments necessary to properly fit the equipment to Hiree’s height, weight and skill level; (d) and that bikes have had a professional service by a qualified mechanic within the preceding 12 month period and the Hirer 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 Hire does not include additional equipment, such as lights, locks, helmets, car racks or GPS devices (however, it would be advised to offer to include equipment such as a puncture repair kit, or allen keys, for instance, in the case of a bicycle). Where suitable, these may be offered as part of the listing; but this is at the discretion of the Hirer. Where these are included in the listing, the Hirer should take due care to ensure they are available for the defined and agreed Hire Period. 

3. HIREE OBLIGATIONS

3.1. Usage. No other person may operate the kit except the Hiree agreed upon as part of the relevant transaction. The Hiree is also prohibited from carrying any passengers on the kit at any time (except on cargo bikes and tandems). The Hiree may not add any kind of seat or modification to allow a person to ride on the rear fender of a hired bicycle, and no one may ride on the handlebars of a hired bicycle at any time. The Hiree is prohibited from pulling or towing any passenger or object with the kit, at any time, (except for bike trailers, when authorised by the Hirer). For the hire of winter sports equipment, unless expressly included in the Hire agreement, the Hirer is not responsible for the provision of boots, poles, gloves, helmet, goggles and any other necessary equipment. Where requested and agreed upon, the Hirer is also responsible for making proper adjustments to the kit and associated equipment, if any, to match the Hiree’s height, weight and skill level. All Hirees are advised to seek professional assistance with adjustments for equipment they are unfamiliar with. Without limiting the assumption of risk and waivers set forth in Section 3, the Hiree knowingly and voluntarily waives any claim it may have against the Hirer and KitUp with respect to the proper adjustment of any equipment, such as ski bindings, boots, helmets, and seat posts.

3.2. The Hiree must follow all laws, rules and regulations, as well as posted signs and warnings. The Hiree should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect safe operation of the kit. The Hiree is responsible for securing the kit at all times, including the use of theft prevention devices, where appropriate, and only storing the kit in an enclosed area at night. The Hiree should remain mindful of other people, when using the hired kit, and is also responsible for any injuries caused to themself or other people, or any damage to the kit or any other property during the Hire Period.

3.3. Return. The Hiree agrees to return the kit to Hirer in the same condition as received, other than changes caused by ordinary wear and tear (which does not include flat tires) and typical reasonable and adjustments intended to fit the kit to the user’s height, weight and skill level, on the due date and time and at the location specified by Hirer at time of hire. The Hiree understands that there may be additional charges if the kit is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional hire charges at no less than the daily or hourly rate applicable to the relevant Hire listing.

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

3.5. If the Hirer fails to appear at the scheduled time and place for return of the kit, the Hiree remains responsible for the safekeeping of the kit. In such an event, the Hiree should contact the Hirer to arrange alternate means for return of the kit. The Hirer shall be responsible for any fees incurred by Hiree in connection with such deviation from the agreed upon method of handover to return the kit. KitUp shall not be responsible for any delay or loss of use of the kit due to Hirer’s failure to appear as scheduled or to make alternate payment and return arrangements.

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

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

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

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

3.10. The Hiree agrees to pay the Hirer for all losses and/or damage to kit in accordance with the Damage/Cost Schedules set forth on Schedule 1 of this Agreement.

3.11 KitUp will not be liable or held responsible for recovering funds on behalf of the Hirer in respect to losses and/or damage to the kit.

3.12 Repairs. If the Hiree experiences any malfunctions with the kit during the hire period, the Hiree should immediately notify KitUp and the Hirer to obtain authorisation for any necessary repairs. The Hiree agrees that he or she will be responsible for any unauthorised repairs or modifications to the kit. The Hiree understands that the Hirer will not reimburse the Hiree for any authorised repairs, without detailed receipts. All repairs required as a result of the use of the kit will be performed at the normal labour rates and the cost of such repairs, including all parts, shall be paid by the Hiree. The Hirer shall be responsible for returning the kit to its prior state due to adjustments necessary to properly fit the equipment to the height, weight and skill level of the Hiree. If a malfunction compromises the safety or usability of equipment, during a hire, the Hiree should contact the Hirer immediately and arrange for return of the kit to the Hirer. In such an event, the cost for any remaining days of the hire would be refunded to the Hiree.

3.13. Ownership. The kit, at all times, remains the exclusive property of the Hirer. The Hiree is responsible for theft, damage to or loss of kit. If the kit is stolen, lost, destroyed or damaged beyond repair, in the judgement of Hirer, the Hiree agrees to pay the Hirer the value of the kit.

4. ACKNOWLEDGEMENT OF RISKS, WAIVER AND INDEMNITIES

4.1. Acknowledgement of Risks. The Hiree understands and acknowledges that the kit is provided “as is” and without warranties. The Hiree understands and acknowledges that bicycling, water and winter 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. The Hiree understands that such risks cannot be eliminated by the Hirer, without jeopardising the essential qualities of the relevant activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other persons, unsafe speed of travel for conditions, equipment failure, and weather conditions including, but not limited to, temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).

4.2. The Hiree understands that skis and snowboards typically contain boot binding systems that may not release or retain at all times, even where release or retention might prevent or minimise injury, and that certain binding systems are not designed to release at all. The Hiree acknowledges all the risks of operating kit on streets, roads, ski and snowboard trails, ungroomed trails, bike paths, bike lanes, in traffic and any other environment where the kit might be used, including but not limited to the risks of serious bodily injury or death from falling off the kit, colliding with other skiers, snowboarders, bicycles, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, brakes failing, binding failure or other mechanical failure, and hazards relating to terrain and weather conditions. The Hiree understands that protective kit, such as helmets and gloves, are recommended, but they do not eliminate risk and may not always operate to reduce the risk of injury in the event of an accident.

4.3. Assumption of Risk. THE HIREE KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUMES ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF the kit, 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 kit OR POSSESSION OF the kit EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF the Hirer, KitUp, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, THE HIREE FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS kit AND THE HIREE AGREES TO HOLD the Hirer AND KitUp TO BE WITHOUT ANY LIABILITY IN TERMS OF ALL CLAIMS OF INJURY OR DAMAGE SUFFERED.

4.4. Waiver and Release. In consideration of the Hiree hiring the kit, the Hiree specifically releases and forever discharges the Hirer, KitUp, 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 the Hiree may suffer while hiring this kit and participating in relevant and 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 Hirer, KitUp, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that the Hiree release the Hirer and KitUp and hold them immune from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of the Hirer or KitUp or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, the Hiree fully recognises that if injury, illness, death or damage occurs while engaged in the hire of this kit or participating in bicycling, water and winter sports or any other activity associated with the kit, the Hirer will have no right to make a claim or file a lawsuit against the Hirer, KitUp or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.

4.5. Indemnification. The Hiree agrees to indemnify and hold harmless the Hirer and KitUp 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 the Hiree’s participation in this activity or use of the kit, including the possession, use, operation, or return of the kit, and including any such claims which allege negligent acts or omissions on the part of the Hirer or KitUp. Should the Hirer, KitUp or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, the Hiree agrees to indemnify and hold them as without any liability for all such fees and costs which might be incurred.

4.6. Hiree Insurance. The Hiree certifies that he or she has adequate insurance to cover any injury or damage the Hiree may cause or suffer while participating in the activity, or else Hiree agrees to bear the costs of such injury or damage through their own private financial means. The Hiree understands and agrees that the Hirer and/or KitUp may make a claim against any insurance coverage the Hiree 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 kit. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve the Hiree of any liability hereunder. 

4.7. Physical Condition. The Hiree understands that they should be in sufficient physical health to participate in any activity they undertake. The Hiree certifies that they have no medical or physical conditions which could interfere with their personal safety when taking part in the relevant activity, or else the Hiree is willing to assume all liability, damages or costs that may result, directly or indirectly, by any such condition.

5. GENERAL PROVISIONS 

5.1. No Warranty

5.1.1. Except for liability in relation to any Non-excludable Condition, the KitUp 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, including under the Consumer Rights Act 2015, the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to become void (“Non-excludable Condition”), to the extent permitted by law, KitUp 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 kit or service supplied), arising out of or in any way connected with any transaction between Hirees and Hirers.

5.2.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, KitUp 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 kit or service supplied), arising out of or in any way connected with any transaction between You (the user) and any Third Party Service Provider who may be included from time to time on the KitUp Platform.

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

5.2.4. KitUp’s liability to You (the user) 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 kit 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 (the user) have no authority to bind KitUp, its related entities or affiliates in any way whatsoever. KitUp confirms that all Third Party Services that may be promoted on the KitUp service are provided solely by such Third Party Service providers. To the extent permitted by law, KitUp specifically disclaims all liability for any loss or damage incurred by You (the user) in any manner due to the performance or non performance of such Third Party Service.

5.4. Third Party Claims

5.4.1. Neither the Hirer nor KitUp shall be responsible if the Hiree causes injury to another person or if the Hiree damages another piece of equipment, including bicycle, ski or snowboard, vehicle or personal property of another. The Hiree agrees to protect, defend, indemnify and hold the Hirer and KitUp harmless and pay any claim, including legal fees, brought by a third party arising out of the Hiree’s use of the kit and for any liability associated with any personal accident/injury as a result of the Hiree’s use of the kit.

5.5. General

5.5.1. This Agreement is governed by the laws of England and Wales. You (the user) and KitUp submit to the exclusive jurisdiction of the courts of England and Wales, in relation to operation of the platform and/or use of the service KitUp provides.

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 KitUp to a third party without your consent. In the event of an assignment or novation You (the user) will remain bound by this Agreement.

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

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

SCHEDULE 1 – Damage / Cost Schedules

Surf & Paddle – surfboards, stand up paddle boards, kayaks, canoes etc.	KitUp Guarantee Value (£)
Small dents/cuts/abrasions (approximately 5cm)	20
Medium dents/cuts/abrasions (approximately 5cm-10cm)	30
Medium to large dents/cuts/abrasions (approximately 10cm-15cm)	50
Large dents/cuts/abrasions (approximately 15cm-20cm)	60
Remove / replace fin box	75
Remove / replace fin plug	60 (for 1)
Remove / replace long fin box	80
Replace glass on fin	75
Other damage	See Terms & Conditions
Total loss	See Terms & Conditions

Snow (Including Snowboards, Skis and Winter Mountaineering Equipment)	KitUp Guarantee Value (£)
Replace bindings	100
Replace poles	50
Small dents/cuts/abrasions (approximately 5cm)	20
Medium dents/cuts/abrasions (approximately 5cm-10cm)	30
Replace Ice Axe Blade	30
Replace Crampon Strap	25
Damaged Winter Clothing	See Terms & Conditions
Replace Helmet	100
Other Damage	See Terms & Conditions
Total Loss	See Terms & Conditions

Camp & Trail (including Tents, Sleeping Bags, Mats, Rucksacks, Cooking Equipment, Walking Boots etc)	KitUp Guarantee Value (£)
Replace Tent Pole	20
Damaged Tent Panel	50
Small Tear to Sleeping Bag	25
Large Tear to Sleeping Bag	50
Replace Sleeping Mat	50
Small Tear to Rucksack (5cm)	20
Medium Tear to Rucksack (5-10cm)	30
Large Tear to Rucksack(>10cm)	50
Replace Camping Stove	75
Replace Walking Boots	100
Other Damage	See Terms & Conditions
Total Loss	See Terms & Conditions