Terms of Service

Last updated: August 7, 2026

These Terms of Service (the "Terms") are a binding agreement between you and GEAR2PEER EQUIPMENT RENTALS LTD., a British Columbia company (incorporation no. BC1543036) ("Gear2Peer", "we", "us"), governing your use of the Gear2Peer website, applications, and services (the "Platform"). By creating an account, listing gear, or booking a rental, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

Gear2Peer is not an equipment retailer, a rental shop, a bailee, a lessor, a guide, an outfitter, a tour operator, an instructor, an avalanche or water safety trainer, a repair or servicing business, a certifying or testing body, or an insurer. It does not sell, hire out, service, certify, or supply equipment of any kind. It operates a marketplace and the payment tools that support it, and nothing else.

1. What Gear2Peer is, and what it is not

• Gear2Peer is an online marketplace that lets people who own outdoor gear ("Lenders") rent it to people who want to use it ("Renters").
• Every rental contract is between the Renter and the Lender directly. Gear2Peer is not a party to any rental, is not a lender, renter, owner, or operator of any gear, and does not inspect, maintain, store, deliver, or take possession of any gear.
• We do not own the gear and we are not responsible for it. Please read this paragraph carefully, because it affects your legal rights. Gear2Peer does not own, possess, control, inspect, test, service, maintain, or supply any gear listed on the Platform, and it has never seen any item before you rent it. Gear2Peer is not responsible for the condition, quality, safety, completeness, legality, description, or fitness for any purpose of any gear, and to the maximum extent permitted by law it is not liable for any loss, damage, injury, or death arising from any gear or from the use of any gear, whether the gear failed, was defective, was wrongly described, was missing a part, was unsuitable for you, or was used in a way or in conditions that caused harm. Responsibility for gear rests with the Lender who owns it and the Renter who uses it. This paragraph does not limit any right you have under the Business Practices and Consumer Protection Act (BC) that cannot be waived.
• Outdoor activities are dangerous and you take part at your own risk. The activities this gear is used for, including cycling, paddling, skiing, snowboarding, climbing, and camping, carry inherent risks that can cause serious injury or death, and those risks cannot be removed. Gear2Peer does not assess trips, routes, conditions, weather, terrain, or whether any gear or activity is suitable for you or within your ability. Deciding all of that is your responsibility, and section 11 sets out the risks you accept and the claims you give up.
• Gear2Peer is not an insurer or a guarantor. We do not insure gear, rentals, Renters, or Lenders, and we do not guarantee any user's performance. Apart from passing on money you are owed from your own bookings, the only amounts Gear2Peer itself ever pays a user are the fixed amounts set out in sections 7 and 7A: a refund of what you paid, and the $20 rental credit for a missed Lender handoff. Those are fixed contractual amounts, not compensation for your actual loss and not insurance, and paying one is not an admission of fault and does not make Gear2Peer responsible for any Lender's or Renter's performance. The other tools we provide (deposits, handoff codes, photo records, and dispute mediation) are process tools, not coverage.
• We do not badge, rate, or endorse anyone. Gear2Peer does not award verification badges, trust marks, seals, or endorsements to any Lender, and does not rank, recommend, or vouch for any Lender or any gear. Before a Lender can be paid, Stripe confirms their identity and payout account (section 3); that check is performed and held by Stripe, confirms only who the person is and that the payout account is theirs, and involves no check of any gear. Ratings and reviews on the Platform are the opinions of the users who wrote them, are not checked by us, and are not a statement by Gear2Peer about anyone or anything.
• We do not check listings for you. Gear2Peer does not undertake to review, screen, approve, curate, or verify listings, gear descriptions, photographs, specifications, prices, or the existence, condition, ownership, or legality of any gear, and has no obligation to do so. Any step a listing passes through before or after it appears, including publication, categorization, search ranking, and being featured anywhere on the Platform, is an operational step in running a marketplace. It is not an inspection of the gear, an approval of the gear, a recommendation, or a statement that the listing is accurate. Listings are written by Lenders, and Lenders alone are responsible for them. Section 8A sets out the limited things Gear2Peer may choose to do, and confirms that doing any of them creates no duty.
• For payments, each Lender appoints Gear2Peer as their limited payment and communications agent solely to facilitate collecting Renter payments through our payment processor and passing on communications. Payment made by a Renter through the Platform discharges the Renter's payment obligation to the Lender for the amount paid.

2. Who can use the Platform

• You must be at least 19 years old (the age of majority in British Columbia), able to form a binding contract, and a resident of British Columbia, Canada. The Platform currently serves British Columbia only.
• You must register with accurate, current information and keep your account secure. You are responsible for all activity under your account. One account per person. Accounts operated by, or for the benefit of, the same person may be treated as a single account.
• Amounts owed follow the person, not the account. Amounts owed under section 7, and account standing such as reliability strikes and suspensions, attach to the person: they are not discharged by closing an account or by opening another, and they may be applied against any related account. Registering a new account to avoid an amount owed, a suspension, or a recorded strike is a material breach of these Terms and grounds for closing every related account. Where payouts are involved, Lender identity is verified through Stripe (section 3), and Gear2Peer may rely on that verification, including matching bank account and identity details, to connect related accounts.
• We may refuse, suspend, or close any account at our discretion, including for breach of these Terms, fraud, safety concerns, or lawful-compliance reasons.

2A. Gear used by anyone under 19

• Gear is rented to an adult. If you allow a person under 19 to use gear you rented, you do so entirely on your own responsibility and as that person's parent, guardian, or the adult responsible for them at the time.
• What you must satisfy yourself about first. Before allowing a person under 19 to use the gear you must satisfy yourself that the gear is suitable and safe for that person, that it fits and is correctly adjusted for them, that they have the skill and fitness the activity requires, and that they are supervised as the activity requires. Gear2Peer does not assess any of that and takes no part in it.
• You carry it. You accept full responsibility for any injury, death, loss, or damage suffered or caused by a person under 19 you allowed to use the gear. If a claim is made against a Gear2Peer Party by or on behalf of that person, or by anyone claiming through them, you will indemnify the Gear2Peer Parties for it on the terms of section 13. This obligation is yours alone, is given in your own personal capacity, and applies whether or not the person under 19 is bound by any term of these Terms or of any Rental Agreement.

3. Payments, fees, and payouts

• All payments are processed by Stripe. Each Lender appoints Gear2Peer as their limited payment collection agent (section 1), which means Gear2Peer is authorized to accept Renter payments on that Lender's behalf. Paying for a booking through the Platform discharges what you owe the Lender for that booking straight away, whether or not Gear2Peer has yet passed the money on.
• Where the money sits. Depending on the booking, the Lender's share may settle directly into the Lender's own Stripe account, or may be received into Gear2Peer's Stripe account and then credited and paid out to the Lender. Any deposit amount captured under section 5 is received into Gear2Peer's Stripe account and then paid to the Lender. Where Gear2Peer receives funds, it does so only in order to pass them on, holds them no longer than is needed to do so, and does not lend, invest, or use them for any other purpose. Gear2Peer is not a bank, does not offer deposit accounts, and pays no interest. Card and identity information provided to Stripe is handled under Stripe's own terms and privacy policy; Gear2Peer never sees or stores full card numbers.
• Renter pricing is all-in: the total shown at checkout is the full amount charged: rental price plus the Gear2Peer service fee shown as a line item, plus any applicable taxes (such as BC PST). The refundable deposit is authorized separately (section 5) and is not a charge.
• Lender payouts. Gear2Peer's commission (shown in your Lender dashboard) is deducted through Stripe before settlement to the Lender. Payouts are disbursed by Stripe on a schedule determined with Gear2Peer: Stripe pays out once pickup is confirmed (section 4). By listing gear, each Lender gives Gear2Peer a standing instruction and mandate to direct Stripe to disburse the Lender's funds on that schedule. Funds awaiting disbursement are held either by Stripe in the Lender's own Stripe account or in Gear2Peer's Stripe account, depending on how the booking was routed, and in either case are held only until they are paid out to the Lender.
• Refunds and chargebacks. Each Lender authorizes Stripe to reverse, debit, or offset the Lender's Stripe account (or future payouts) for refunds, claim reversals, and card chargebacks owed on the Lender's bookings.
• All amounts on the Platform are in Canadian dollars (CAD).
• Lenders are responsible for their own taxes on rental income. Where the law makes Gear2Peer (as a marketplace facilitator) responsible for collecting a tax, such as BC PST on taxable rentals, we collect and remit it and show it at checkout. Gear2Peer may also be required to report Lender information and earnings to the Canada Revenue Agency (see the Privacy Policy).
• Fees and commission rates may change prospectively with at least 14 days' notice; changes never apply to bookings already made.

4. How a rental works: booking, pickup, return

• Booking request. Completing checkout (including signing the Rental Agreement, section 6) places a request, not a confirmed booking. The Renter's card is authorized at that point, which places a temporary hold; it is not charged. The Lender then has the time shown at checkout to accept.
• When the booking forms. A booking is formed only when the Lender accepts the request. The card is charged at that moment, the refundable deposit hold is placed, and the cancellation terms in section 7 begin to apply. If the Lender declines, or the time to accept runs out, the authorization is released, nothing is charged, and no fee is payable. The Lender must promptly confirm arrangements through Platform Messages: exact pickup location and contact details are exchanged there, not published on listings.
• Pickup. At handoff, the parties inspect the gear together, take the condition photos prompted by the Platform, and the pickup is confirmed with the Renter's pickup code. Entering the code records that the Renter took possession on that date and that the pickup photos show the gear's condition at that moment. It is not a confirmation that the gear is complete, safe, or fit for any purpose. Pickup confirmation also releases the Lender's payout (section 3).
• Return. At return, the parties inspect again, take return photos, and confirm with the return code. The handoff codes and photos are the agreed evidence record for the rental's start, end, and gear condition.
• Extensions. Extensions must be booked and paid through the Platform; the rental period, deposit terms, and claim timelines extend accordingly.
• Late return. Gear kept past the booked end without a booked extension accrues additional rent at the listing's daily rate, and the Lender may make a claim against the deposit (section 5). If gear is not returned and the Renter cannot be reached within 48 hours of the booked end, the gear may be treated as not returned: the Lender may claim the deposit under the section 5 process, may recover the full replacement value from the Renter, and (where the circumstances indicate it) may report the matter to police. The Renter remains liable for the full replacement value.

5. Deposits, damage, and claims

• The deposit is a hold, not a charge. Where a listing requires a deposit, the amount is authorized on the Renter's card at or shortly before the rental start, may be re-authorized during longer rentals (Gear2Peer may require an alternative card if an authorization cannot be renewed), and is released when the rental completes normally. It is only captured (in whole or in part) to compensate the Lender for damage, loss, non-return, or unpaid late rent, under the process below.
• Claims process. A Lender must open a damage claim within 24 hours after the earlier of (a) the confirmed return, or (b) the end of the 48-hour non-return period following the booked end (section 4), with photos and a description. The Renter has 24 hours to accept or dispute; if the Renter does not respond, the claim proceeds to review. If disputed (or unanswered), Gear2Peer support reviews the pickup and return records and decides within 2 business days how much (if any) of the deposit is captured. The parties authorize Gear2Peer to direct Stripe to apply or release the deposit in accordance with that determination as the first step in resolving the claim; either party remains free to pursue any amount (including a captured amount) in court. The handoff photos and codes are the primary evidence. A claim not opened in time cannot be made against the deposit through the Platform; the Lender's rights against the Renter otherwise continue.
• The deposit is security, not a cap. Renters are liable to the Lender for the full cost of damage, loss, or non-return (up to replacement value, less reasonable wear and tear) even where it exceeds the deposit. Gear2Peer's role in a claim is administering the deposit and mediating: Gear2Peer does not insure, top up, or guarantee any amount, and pays a user nothing beyond passing on money that user is owed from the booking and the fixed amounts set out in sections 7 and 7A.
• Normal wear and tear from proper use is not damage and is not claimable.
• Reviewing records is not inspecting gear. When Gear2Peer reviews handoff photos or decides how a deposit is applied, it is administering a payment instruction between the parties and nothing more. Gear2Peer does not inspect, test, assess, appraise, or certify any gear, and forms and expresses no view about whether gear is safe, functional, complete, or fit for any use. Doing this creates no duty to inspect, monitor, warn, or protect either party or anyone else, is not an undertaking to perform any such duty, and may not be relied on as one. Gear2Peer is not an arbitrator, adjudicator, appraiser, or insurer, and may decline to review any matter.

5A. If someone is hurt, or gear is involved in an incident

If anyone is injured, or gear is damaged, lost, or involved in an accident, the Renter and the Lender must each:

• get medical help first, and stop using the gear;
• tell the other party through Platform Messages as soon as they reasonably can, and tell Gear2Peer within 7 days;
• keep the gear in the condition it was in immediately after the incident, and not repair, alter, service, discard, or sell it for 60 days, or until Gear2Peer or an insurer confirms in writing that it is no longer needed, whichever comes first;
• keep and provide photographs, video, messages, receipts, incident reports, and the names and contact details of any witness;
• cooperate reasonably with the other party, with Gear2Peer, and with any insurer or investigator, and not admit liability on anyone else's behalf.

These obligations exist so that what happened can be worked out from evidence rather than from memory. Gear2Peer may pass what it holds to a party's insurer, to a court or tribunal, or to police where the law allows or requires it. Nothing in this section requires anyone to say anything that would prejudice their own position in a legal proceeding, and nothing in it is an admission by anyone.

6. The Rental Agreement

• Before checkout completes, the Renter signs the Rental Agreement for the listing electronically. It binds the Renter and the Lender to the rental terms (condition, care, liability, safety, claims) and incorporates the booking details shown at checkout. Lenders adopt the Rental Agreement for their listings by publishing them.
• Everyone agrees that electronic signatures and records are valid and enforceable under the Electronic Transactions Act (British Columbia), and consents to receive contract copies and records electronically. A copy of the signed agreement and booking details is available from the order page and is delivered with the booking confirmation.

7. Cancellations and refunds

• Before the Lender accepts: a booking request may be withdrawn by the Renter, declined by the Lender, or left to expire, at any time before the Lender accepts it. In every one of those cases the card authorization is released, nothing is charged, and no fee of any kind is payable. This is the only stage at which no money has moved.
• Renter cancellation, 24 hours or more before the pickup time: full refund of everything paid, including the service fee; the deposit authorization is released. Gear2Peer keeps nothing.
• Within one hour of booking: a booking cancelled within one hour of being placed is treated as a free-window cancellation regardless of how close the pickup time is, so a mistake noticed immediately costs nothing.
• Renter cancellation, less than 24 hours before the pickup time: the Renter is refunded the rental price less half a day at the listing's daily rate, which is paid to the Lender for the wasted preparation and the blocked time. That amount is never more than a quarter of the rental price, and never more than $25, so neither a long booking nor expensive gear is penalized out of proportion. It is deliberately modest: it reflects the trouble caused, not lost profit, because gear that stays in the garage costs its owner nothing to keep. The service fee is not refunded, because it covers payment processing that has already been paid out and cannot be recovered. The deposit authorization is released. Gear2Peer takes no commission on the amount paid to the Lender, so the Lender receives all of it. If the Lender rents the same gear to someone else for the same dates, tell us and the retained amount is refunded to the Renter as well.
• Renter no-show: if the Renter neither cancels nor appears, the outcome is the same as a cancellation inside 24 hours: half a day at the daily rate to the Lender, capped at a quarter of the rental price and at $25, the rest refunded, the service fee retained, and the deposit authorization released. It is deliberately no worse than cancelling late, because we would rather someone tell us than go quiet, and because a rule that punishes a missed pickup harder than a late cancellation is a penalty rather than a fair estimate of the Lender's loss. What a no-show does affect is account standing: it is recorded, and repeated no-shows can lead to restrictions. Gear2Peer may waive the retained amounts entirely, including the service fee, where the Renter shows a documented emergency. Section 7A sets out how a no-show is established. If pickup is not confirmed and no cancellation or no-show determination is made within 30 days of the booked start, the booking is treated as cancelled and all amounts are automatically refunded to the Renter.
• Lender cancellation at any time: the Renter receives a full refund of everything paid, including all fees, and Gear2Peer keeps no part of it. The affected dates stay blocked on the Lender's calendar so the booking cannot simply be resold at a higher price.
• What a Lender pays for cancelling or not appearing. Cancelling 24 hours or more before the pickup time carries no fee, because the Renter still has time to find other gear. Cancelling inside 24 hours, or not appearing, carries a fee of $25, or the rental price if that is lower. That fee is not profit to Gear2Peer: it funds the $20 credit paid to the Renter under section 7A and the payment processing cost that cannot be recovered. A second occurrence within 12 months is $50 and the listing may be suspended; a third may end the account. Not appearing also records a reliability strike, which cancelling in advance does not, because we would rather a Lender tell the Renter than leave them waiting.
• How that fee is collected. It is added to Gear2Peer's commission on the Lender's next bookings until it is recovered. There is no invoice, nothing is charged to the Lender's card or bank account, and a Lender is never asked to pay Gear2Peer out of pocket. Recovery is capped at half of what the Lender would otherwise receive on any one booking, so a single fee can never absorb a whole payout, and any remainder simply carries to the following booking. The fee is stated at the time of listing, appears on the Lender's earnings record when it is applied, and is never taken from the Renter. If the Lender takes no further bookings the fee is not collected from earnings, and the listing consequences above apply instead. The amount owed attaches to the Lender personally under section 2: it carries across any other account the Lender operates, and closing an account, or opening a new one, does not discharge it.
• Safety and weather: outdoor plans turn on conditions, and forecasts move inside 24 hours. If weather or conditions make the activity clearly unsafe or unusable, tell the other party through Messages and try to reschedule first. Where rescheduling does not work and the reason is documented, Gear2Peer will normally treat it as a full-refund cancellation even inside the 24 hour window. This is applied in good faith and is not intended to cover a simple change of mind.
• Early returns do not entitle the Renter to a partial refund unless the Lender agrees.
• How and when refunds are paid. Refunds are returned to the original payment card. They are never issued as platform credit. Gear2Peer starts the refund within 5 business days of the cancellation being confirmed and in every case within 15 days, after which the time it takes to appear on a statement is set by the card issuer, not by Gear2Peer.
• Nothing in this section limits any cancellation or refund right you have under the Business Practices and Consumer Protection Act (BC) that cannot be waived. If anything shown to you at checkout differs from this section, the version that is more favourable to you applies.

7A. Pickup, missed handoffs, and how we decide

• The rental begins when the pickup code is redeemed. Before the code is entered, no rental has taken place and the gear is still the Lender's responsibility. After it is entered, the gear is in the Renter's care and the deposit terms in section 5 apply. Every rule below follows from that single point.
• Being late is not a missed handoff. If the handoff happens at any time on the pickup day, the booking simply stands and nothing is charged. Only a handoff that does not happen at all that day can be treated as a no-show.
• Waiting and the 30 minute mark. If the other person has not arrived 15 minutes after the agreed time, use I am here, still waiting in the app. That notifies them and timestamps your attendance. After 30 minutes you are free to leave. Leaving does not by itself decide anything; it only means you no longer have to wait.
• Reporting. A missed handoff must be reported in the app within 24 hours of the end of the pickup day. Reports made later are not considered, because the evidence goes stale and the dates need to be freed for someone else.
• Evidence, and who has to provide it. Contemporaneous action in the app counts for more than an account given afterwards. Before any amount is paid to a Lender for a Renter no-show, the Lender must have messaged the Renter at or before the handoff time and used the still waiting action that day. The Lender is the party asking to be paid, so the Lender carries the burden of showing the handoff did not happen.
• The other party gets to answer. When a missed handoff is reported, the other person is notified immediately and has 24 hours to respond with their own evidence. No money moves until that window closes. If nobody contests it, the report resolves automatically at the 24 hour mark.
• If both people say they were there. Where both have an in-app record from that day, we treat it as nobody's fault: the Renter is refunded in full, including the service fee, no amount is paid to the Lender, and the dates are released. Where neither has an in-app record, the Renter is refunded in full, including the service fee. We would rather absorb an occasional honest mix-up than charge someone who may well have shown up.
• If the Lender does not show. The Renter receives everything back, being the rental price, the service fee, and the release of the deposit hold, plus a $20 credit toward a future Gear2Peer rental for the wasted trip. That credit is separate from the refund, which is always returned to the card, and it is valid for 12 months. The dates stay blocked on the Lender's calendar so the booking cannot simply be resold, the missed handoff is recorded on the listing as a reliability strike, and the Lender is charged the fee set out in section 7, which is what funds the credit. Where that fee cannot be collected because the Lender takes no further bookings, Gear2Peer honours the credit anyway, so the Renter is never left waiting on the Lender to settle up.
• If the gear is not what was listed. Inspect before redeeming the pickup code. If the gear is materially different from the listing, being missing parts, damage that affects use, or the wrong size or model, do not redeem the code. Report it in the app with photos. Because the code was never redeemed the rental never began, so the Renter is refunded in full including the service fee, and the deposit hold is released. This is the outcome we expect to use most often for used outdoor gear, and it is deliberately weighted toward the Renter.
• Deliberate misuse. Reporting a missed handoff that did not happen, in either direction, is grounds for reversing the outcome, recovering any amount already paid, and restricting or closing the account.
• These rules are administrative. They decide how Gear2Peer applies section 7 to a booking; they do not decide anyone's legal rights, and either party remains free to pursue a claim in the courts of British Columbia, including Small Claims, for any amount.

8. Safety and lawful use

• Renters must use gear safely, competently, within its intended purpose, and in compliance with all laws, including BC's all-ages helmet requirement for bicycles and e-bikes and lifejacket/PFD requirements for watercraft. Renters confirm they (and anyone they allow to use the gear) have the skill and fitness the activity requires, and Renters are responsible and liable for the acts and omissions of anyone they permit to use the gear.
• Lenders must list only gear they own or are authorized to rent, describe it accurately, keep it in safe working condition, and must not list gear subject to a safety recall. Lenders must disclose known defects and provide any safety equipment the law requires with the gear category.
• Insurance is your responsibility. The Lender must obtain and maintain, at the Lender's own expense, any insurance appropriate to the gear the Lender lists and to lending it to other people, and any such insurance is primary. The Renter is responsible for their own insurance, including any travel, accident, medical, rescue, or liability cover they want for the activity. Renters and Lenders should each confirm with their own insurer, before the rental, whether their home, tenant, vehicle, watercraft, travel, or personal liability policy covers what they are about to do, because many policies exclude rental activity, exclude renting gear to others, or exclude the activity itself. Gear2Peer holds no insurance that covers you, the other party, the gear, or the activity, is not an insurer, does not procure insurance for any user, and does not check whether any user holds any insurance. The deposit is a refundable card authorization and a contractual allocation between the Renter and the Lender. It is not a policy of insurance, not a protection plan, and not a guarantee.
• Prohibited: subletting or re-renting rented gear; letting minors operate gear that requires an adult; using gear commercially unless the listing allows it; any unlawful use. Outdoor activities carry inherent risks; participants take part at their own risk (section 11).

8A. We do not police these rules

The obligations in section 8 are owed by Lenders and Renters to each other and under the law. Gear2Peer does not monitor, audit, inspect, or verify compliance with them, has no obligation to do so, and does not check whether any gear is safe, functional, subject to a recall, or lawful to rent. Where we do act on something we happen to become aware of, for example by removing a listing or suspending an account, we do so at our sole discretion for the Platform's own purposes. Doing so once creates no duty to do so again, for you or for anyone else, and it is not a statement about any gear we did not remove.

Gear2Peer has the right, but no obligation, to monitor use of the Platform, or to review, verify, or investigate any listing, gear description, photograph, specification, condition statement, service or maintenance history, price, or any other information a user provides. Where the law permits, Gear2Peer may, but has no obligation to, ask a user for identification or other information, undertake checks designed to help confirm identity, verify a payment instrument, and screen a user against fraud, chargeback, or sanctions databases. Gear2Peer does not run criminal record checks and does not screen any user against any criminal, offender, or court registry. Other than confirming a Lender's identity and payout account through Stripe, Gear2Peer does not assess, verify, or form any view about any user's skill, training, certification, qualifications, physical fitness, judgment, or experience, and nothing on the Platform is a statement that any user is competent to use, maintain, or hand over any gear. Exercising any of these powers, or not exercising them, on any occasion or on every occasion, creates no duty to any user or to anyone else.

8B. Life safety equipment

• What this covers. Some gear is life safety equipment. This includes avalanche transceivers, probes, shovels, and airbag packs; climbing rope, harnesses, slings, helmets, and hardware; personal flotation devices and lifejackets; and any gear whose failure could directly cause serious injury or death. Life safety equipment has a service life, a retirement date, and an inspection and testing routine set by its manufacturer. It can be worn out, damaged, out of date, or unsafe in ways that are not visible.
• Lender. A Lender who lists life safety equipment must own it or be authorized to rent it, must know its full history, must not list it if it is past its manufacturer's service life or retirement date, has been subject to a fall, impact, shock load, chemical exposure, or damage that affects its integrity, or is subject to a recall, and must state its age and service history in the listing.
• Renter. A Renter who rents life safety equipment must check it against the manufacturer's instructions before use, must confirm the fit, function, batteries, firmware, and settings themselves, and must not use it if they cannot confirm it is within its service life and safe to use. Do not rely on the listing, on the Lender, or on Gear2Peer for any of this.
• Gear2Peer. Gear2Peer does not inspect, test, date, age, service, retire, or check the history of any gear, including life safety equipment, and has no obligation to do so. Everything in this section is an obligation between the Lender and the Renter. Nothing in it is a representation by Gear2Peer that any gear is within its service life or safe to use.

9. Listings, content, and conduct

• You are responsible for content you post. You grant Gear2Peer a non-exclusive, royalty-free licence to host and display it for operating and promoting the Platform. Handoff photos may be reviewed by Gear2Peer for dispute resolution.
• Keep transactions on the Platform: arranging Platform-discovered rentals off-platform to avoid fees, and soliciting users off-platform, are prohibited and grounds for account closure. (Off-platform deals also have none of the Platform's records, deposit, or support.)
• Do not publish another user's personal information (addresses, phone numbers) outside Messages; do not harass, defraud, spam, scrape, reverse-engineer, or interfere with the Platform.
• Reviews must reflect genuine experiences. We may remove content that violates these Terms. Gear2Peer does not remove, edit, or suppress a review because it is negative, and nothing in these Terms restricts your right to publish your genuine experience.

9A. Who these protections cover

• In sections 10 to 13, Gear2Peer Parties means Gear2Peer, its affiliates, and their directors, officers, employees, contractors, service providers, and agents. Those sections apply to and protect every Gear2Peer Party.
• Gear2Peer holds the benefit of sections 10 to 13 in trust for the other Gear2Peer Parties, who are intended third-party beneficiaries of those sections and may rely on and enforce them.
• The limit in section 12 applies once in total, across all Gear2Peer Parties and all claims together, not once for each of them.
• What gross negligence means here. Where these Terms refer to gross negligence, it means a marked and substantial departure from the standard of care a reasonable operator of an online marketplace would observe, amounting to a reckless disregard for the safety or property of another. Ordinary negligence, an error in judgment, a failure to detect something Gear2Peer had no obligation to look for, and any act or omission that section 1, section 8A, or section 10 states Gear2Peer does not undertake, are not gross negligence. A party alleging gross negligence must plead the specific acts or omissions relied on.

10. Disclaimers

The Platform is provided "as is" and "as available." To the maximum extent permitted by law, the Gear2Peer Parties disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, durability, and non-infringement, and make no warranty about any gear, listing, Lender, or Renter, including gear condition, safety, fitness for your intended use, maintenance history, legality, or the accuracy of listings, or that the Platform will be uninterrupted or error-free.

We do not inspect, test, service, or take possession of gear, we are not a party to any Rental Agreement, and we are not a bailee, lessor, guide, outfitter, instructor, or insurer. Identity verification, ratings, and reviews relate to people and their accounts. They never relate to gear. Identity verification confirms an identity and a payout account with Stripe. Ratings and reviews are the opinions of the users who wrote them and are not checked by us. Gear2Peer awards no badge, mark, or endorsement to anyone. None of these is an inspection of gear, an endorsement, a guarantee, or a substitute for inspecting the gear yourself at handoff. The disclaimers about gear in this section are about the gear, which the Lender supplies. They do not purport to exclude or limit any condition or warranty that applies to the services Gear2Peer itself supplies and that cannot lawfully be excluded or limited. Deciding whether gear is safe and suitable for you, and whether you are competent to use it, is your responsibility.

11. Assumption of risk and release

Please read carefully. Outdoor recreation, including cycling, paddling, skiing, snowboarding, climbing, camping, and similar activities, involves inherent risks that can cause serious injury, death, or property damage. To the maximum extent permitted by law, you voluntarily assume all risks arising from renting, lending, or using gear found through the Platform, and you release the Gear2Peer Parties from all claims, demands, and damages arising out of or connected with any rental, any gear, any handoff, or any interaction with another user, except to the extent caused by that party's own gross negligence or wilful misconduct.

This release covers claims of every kind, including claims for personal injury, psychological injury, death, and property damage, and it covers claims based on the negligence of a Gear2Peer Party, on breach of contract, on breach of a duty of care, and on breach of a statutory duty, however the claim is framed.

You give this release for yourself and for your estate, executors, and administrators, and to the fullest extent the law allows for anyone claiming through you. You also agree not to bring, and not to help anyone else bring, a claim against a Gear2Peer Party that this section releases, and to indemnify the Gear2Peer Parties, on the terms of section 13, against any claim brought by your heirs, dependants, or family members arising out of the same events, including a claim under the Family Compensation Act (British Columbia). Nothing in this section purports to release a claim that belongs to another person in their own right, and if any part of this sentence is found to do so, that part is severed and the rest of this section is unaffected.

If you let anyone else use gear rented through the Platform, that person is an Additional User. You remain fully responsible for them, and you confirm that you told them the activity carries inherent risks, that they take part voluntarily and at their own risk, and that these Terms apply to them. You will indemnify the Gear2Peer Parties, on the terms of section 13, against any claim made by or on behalf of an Additional User. You give that indemnity personally.

You agree not to name a Gear2Peer Party as a defendant, third party, or added party in a proceeding between users. This section may be pleaded as a complete defence and as a bar to any claim brought against a Gear2Peer Party for contribution or indemnity in respect of a claim you have released. Gear2Peer holds the benefit of this release in trust for the other Gear2Peer Parties, who are intended third-party beneficiaries of this section and may rely on and enforce it. Claims between Renters and Lenders are between those parties.

Any legal remedy or liability you seek for the acts or omissions of another user, or of any other third party, is limited to a claim against that user or third party, and you agree not to seek any legal remedy from a Gear2Peer Party in respect of those acts or omissions. This paragraph does not apply to a claim arising from a Gear2Peer Party's own conduct in operating the Platform, and it does not limit any right or remedy under the Business Practices and Consumer Protection Act (British Columbia) that cannot lawfully be waived.

12. Limitation of liability

To the maximum extent permitted by law: (a) no Gear2Peer Party is liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, goodwill, or use, even if the possibility of that loss was known; and (b) the total aggregate liability of the Gear2Peer Parties, for all claims arising out of or connected with these Terms, the Platform, any listing, any booking, any rental, any gear, any handoff, or any decision we make under sections 5, 7, or 7A, whether the claim is framed in contract, in tort, in negligence, in product liability, under statute, or otherwise, is limited to the greatest of: (i) if you are a Renter, the total amount you paid through the Platform for bookings in the 12 months before the event giving rise to the claim; (ii) if you are a Lender, the total amount paid out to you through the Platform in the 12 months before that event, plus the commission deducted from those payouts; and (iii) CA$1,000.

This limit does not apply to a Gear2Peer Party's own gross negligence, wilful misconduct, or fraud, and it does not apply to an amount owed to you under these Terms, such as a refund, the release of a deposit authorization, or a payout owed to you. Nothing in these Terms excludes liability that cannot be excluded by law, and nothing limits rights under the Business Practices and Consumer Protection Act (BC) that cannot be waived. For clarity, the deposit itself is never subject to this limit: if a deposit amount is captured or released contrary to a determination made under section 5, the amount in question is an amount owed to you and this limit does not apply to it. This section is a fundamental element of the basis of the bargain between you and Gear2Peer and reflects an agreed allocation of risk. These limits survive the closing of your account and the end of these Terms.

13. Indemnity

You will indemnify, defend, and hold harmless the Gear2Peer Parties from claims, liabilities, losses, damages, fines, and expenses arising out of: your use or provision of gear; your breach of these Terms or a Rental Agreement; your violation of law or of a third party's rights; injury, death, or property damage connected with a rental you took part in; your interaction with any other user, whether in person or online, including the pickup and return handoff and anything that happens at it; your failure to hold a licence, permit, insurance, or certification you were required to hold under section 8 or under any law; or your content.

This indemnity expressly covers a claim brought against a Gear2Peer Party for contribution, indemnity, or apportionment by any other person, including under the Negligence Act (British Columbia), where that claim arises out of anything described above, and it applies whether or not the person bringing it is bound by these Terms or by any Rental Agreement.

This covers a Gear2Peer Party's own direct losses as well as claims made by other people, and it covers the full cost of investigating, responding to, defending, and settling the matter, including legal fees on a full indemnity basis, expert costs, and any costs award made against that party. Those legal fees and expert costs must be reasonably incurred and reasonable in amount, and a court or tribunal may reduce them if they are not. This indemnity applies regardless of a Gear2Peer Party's own negligence and however the loss is caused. It does not apply to the extent the loss is caused by that party's own gross negligence, wilful misconduct, or fraud, or to any liability that cannot lawfully be indemnified against.

To be clear, this section is not a costs award in a dispute between you and us: if you and we end up before a court or tribunal, costs in that proceeding are for that court or tribunal to decide under its own rules. If we are named in a claim covered by this section, we will tell you promptly and you may take part with your own lawyer at your own cost. Gear2Peer may assume the defence of any matter subject to indemnification, at your expense, and will not settle on terms that admit fault on your part without your consent, which you will not unreasonably withhold. This section survives the closing of your account and the end of these Terms.

14. Disputes with Gear2Peer

Contact us first: most issues resolve at tache@gear2peer.ca. These Terms are governed by the laws of British Columbia and applicable Canadian law. Any court proceedings must be brought in the courts of British Columbia (including Small Claims where applicable), and you agree to that venue. Disputes between a Renter and a Lender may be brought to the section 5 claims process, which is an optional administrative service Gear2Peer offers. It is not a precondition to any legal right, and either party may go to court, or to the Civil Resolution Tribunal where it has jurisdiction, at any time without using it. Tell us early. If you intend to make a claim against a Gear2Peer Party arising out of a booking, a rental, gear, a handoff, or a decision we make under sections 5, 7, or 7A, tell us in writing at the address in section 16, with enough detail for us to look into it, as soon as you reasonably can and in any event within 90 days of the event, so that records, photographs, and recollections are still available. This does not shorten any limitation period, does not bar a claim on its own, and does not limit any right under the Business Practices and Consumer Protection Act (British Columbia) that cannot be waived.

15. General

• Changes. We may amend these Terms prospectively; material changes are notified by email or in-app at least 14 days before they take effect. Continued use after the effective date is acceptance. Bookings already made stay on the terms in force when they were made.
• Termination. You may close your account at any time; obligations from existing bookings, claims, and sections 5, 9A, and 10 to 14 survive.
• No agency or partnership. Except for the limited payment and communications agency in section 1, nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Gear2Peer, or between any users.
• Force majeure. Gear2Peer is not liable for delay or failure of the Platform caused by events beyond its reasonable control (including outages of third-party services, natural events, or government action).
• Notices. We give notices by email to your account address or in-app; they are deemed received 24 hours after sending. Legal notices to Gear2Peer go to the contact in section 16 and are deemed received when acknowledged or 5 business days after delivery.
• Severability and reading down. If a provision, or part of one, is found unenforceable or broader than the law allows, it is to be read down or narrowed only so far as is needed to make it enforceable, and it stays in force as narrowed. Only if it cannot be read down is it severed, and the rest of these Terms stand. In particular, if a release, limit, or indemnity in sections 10 to 13 is found too broad as to a person, a claim, or a period, it still applies to every other person, claim, and period it can lawfully cover.
• Waiver and assignment. A failure to enforce is not a waiver, and no waiver is effective unless we give it in writing. You may not assign these Terms; we may assign them in a corporate reorganization or sale.
• Recourse is against the company. Any claim arising out of these Terms, a Rental Agreement, the Platform, or any rental may be brought only against GEAR2PEER EQUIPMENT RENTALS LTD. and not against any individual director, officer, employee, contractor, or shareholder personally. This does not affect any liability that the law does not allow to be limited in this way, and it does not limit any right under the Business Practices and Consumer Protection Act (British Columbia) that cannot be waived.
• Non reliance. In agreeing to these Terms you are not relying on any oral or written statement made by Gear2Peer about the safety, condition, quality, or suitability of any gear, about the identity, character, or trustworthiness of any other user, or about the law, other than what is set out in these Terms. Any general information Gear2Peer publishes about pricing, deposits, safety, or law is general information only and is not advice. You should obtain your own legal and insurance advice. Nothing in this paragraph limits any right under the Business Practices and Consumer Protection Act (British Columbia) that cannot be waived, and nothing in it applies to a representation made fraudulently.
• You had the chance to read this. You confirm that you were given these Terms before you agreed to them, that you had the opportunity to read them and to take independent legal advice on them, that you were free to decline them and not use the Platform, and that you understood you were giving up rights, including the right to sue for injury caused by negligence.
• Entire agreement. These Terms, the Privacy Policy, and each Rental Agreement are the entire agreement between you and Gear2Peer about the Platform, and they replace any earlier statement or understanding about it. Nothing in this paragraph limits liability for fraudulent misrepresentation, or any right under the Business Practices and Consumer Protection Act (BC) that cannot be waived.

16. Contact

GEAR2PEER EQUIPMENT RENTALS LTD. (BC1543036)
308 West Hastings Street, Vancouver, BC V6B 2N4, Canada
Phone: +1 (778) 929-5359
tache@gear2peer.ca