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SAFE SENDS RENTAL AGREEMENT & LIABILITY WAIVER


SAFE SENDS RENTAL AGREEMENT & LIABILITY WAIVER

(Operated by Harta Inc.)

IMPORTANT – PLEASE READ BEFORE SIGNING

This agreement contains important terms relating to equipment rental, payment, responsibilities, and assumption of risk. By signing, you agree to be legally bound by all terms below.

1. PARTIES

This agreement is between:

Harta Inc. (operating as “Safe Sends”)

and

The individual signing this agreement (“the Renter”).

2. RENTAL TERMS & PAYMENT

Full payment is required at the time of reservation.

Equipment will not be released until payment has been received in full.

3. NO REFUNDS

No refunds will be provided for:

  • Equipment not picked up
  • Equipment picked up but not used
  • Early returns or changes in plans

Any exceptions are at the sole discretion of Harta Inc.

4. RENTAL PERIOD & LATE RETURNS

Equipment must be returned on the agreed date and time.

Late returns will be charged at the full daily rental rate per item, per day (or partial day), until all equipment is returned.

5. EQUIPMENT CONDITION (“AS IS”)

All equipment is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties or guarantees of any kind, express or implied.

The Renter is solely responsible for inspecting all equipment upon receipt and determining whether it is safe, undamaged, and suitable for use prior to any use or activity. If the Renter believes any equipment is unsafe or unsuitable, they agree not to use it.

By accepting and/or using the equipment, the Renter confirms that they have had the opportunity to inspect it, accepts it in its current condition, and voluntarily assumes all risks associated with its use.

6. ASSUMPTION OF RISK

The Renter understands and acknowledges that bouldering, climbing-related activities, and outdoor recreational use involve inherent and significant risks, including but not limited to:

  • Serious injury
  • Permanent disability
  • Death

The Renter voluntarily assumes all risks, known and unknown, arising from or related to:

  • Use of the equipment
  • Transport, loading, and unloading
  • Participation in any recreational activity involving the equipment

This assumption of risk applies to the Renter and to any other individual who uses, handles, transports, or is otherwise in possession of the equipment (“Third-Party Users”).

7. LIABILITY WAIVER & RELEASE

The Renter hereby:

  • Releases and forever discharges Harta Inc. (operating as Safe Sends), its directors, employees, contractors, and agents from any and all claims, liabilities, damages, or causes of action arising from the rental, possession, or use of the equipment
  • Waives any right to sue for injury, death, or property damage arising from use, misuse, failure, or condition of the equipment
  • Agrees that Harta Inc. shall not be responsible or liable for any loss, injury, or damage occurring during the rental period

This release is intended to apply to the fullest extent permitted by law and includes, without limitation, any claims brought by or on behalf of Third-Party Users.

This release applies to the fullest extent permitted under the laws of Ontario.

8. DAMAGE, LOSS, AND THEFT

The Renter is fully responsible for the equipment during the rental period, including while:

  • In use
  • In transit
  • Being loaded or unloaded

The Renter agrees to pay full repair or replacement cost for any damaged, lost, or stolen equipment.

Deposits (if applicable) may be applied toward any outstanding amounts, including damage, loss, or late fees.

9. INDEMNIFICATION

The Renter agrees to indemnify and hold harmless Harta Inc. (operating as Safe Sends) from and against any and all claims, damages, liabilities, and expenses (including legal fees) arising out of or related to:

  • Their use, possession, or return of the equipment
  • The use of the equipment by any Third-Party User

10. THIRD-PARTY USE & RESPONSIBILITY

The Renter acknowledges and agrees that any use of the rented equipment by individuals other than the Renter (“Third-Party Users”) is done entirely at the Renter’s own risk.

The Renter agrees that they are solely responsible for:

  • Informing all Third-Party Users of the risks associated with the equipment and related activities
  • Ensuring that the equipment is used safely and appropriately
  • Supervising or controlling access to the equipment where appropriate

The Renter further agrees that all Third-Party Users are deemed to be using the equipment under the same assumption of risk outlined in this agreement.

The Renter agrees to indemnify and hold harmless Harta Inc. (operating as Safe Sends) from any and all claims, demands, damages, or legal actions arising from or related to the use of the equipment by any Third-Party User, regardless of whether such individual has signed this agreement.

I Agree

11. THIRD-PARTY REGULATIONS & PERMITS

The Renter acknowledges that climbing areas, parks, conservation areas, and other outdoor locations are subject to specific rules, access restrictions, or permit requirements.

The Renter is solely responsible for understanding and complying with all applicable laws, regulations, and permit requirements associated with any location where the equipment is used, including but not limited to areas managed by Niagara Parks or other governing bodies.

Any external permits, waivers, or agreements are separate from this agreement and do not replace or limit it in any way.

The Renter further acknowledges that accessing certain locations may involve additional risks, including terrain hazards, restricted access areas, and regulatory requirements.

12. GOVERNING LAW

This agreement is governed by the laws of the Province of Ontario, Canada.

13. ACKNOWLEDGEMENT

By signing, the Renter confirms that:

  • They have read and understood this agreement
  • They are legally competent to enter into it
  • They voluntarily accept all risks and responsibilities outlined above
  • They understand this is a legally binding agreement 


I Agree

May 9, 2026

First Participant's Name
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First Participant's Date of Birth*
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Second Participant's Name
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Third Participant's Name
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Fourth Participant's Name
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Fifth Participant's Name
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Sixth Participant's Name
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Seventh Participant's Name
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Eighth Participant's Name
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Ninth Participant's Name
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Tenth Participant's Name
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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