• The person entering the Rental Agreement (“Renter”) must be at least 18 years old, present valid government-issued photo identification, and provide an accepted payment method.
• Only Renter and additional operators specifically approved by Kirby Co. & Outfitters may possess or use rented equipment. Renter remains responsible for the equipment and for ensuring every approved operator follows the Rental Agreement.
• Renter may not subrent, lend, transfer, sell, pledge, abandon, or allow an unauthorized person to use the equipment.
• A minor may use age-appropriate adventure equipment only when Kirby Co. & Outfitters permits that use, the minor is accompanied and actively supervised by a responsible adult, all fitting and safety requirements are satisfied, and the parent or legal guardian completes the required acknowledgments. A parent or guardian does not waive the minor’s own negligence claim where Washington law does not allow that waiver.
• Kirby Co. & Outfitters may refuse or stop a rental when it reasonably believes an operator is impaired, lacks required skill or supervision, cannot safely operate the equipment, provided inaccurate information, or presents an unreasonable safety, fraud, credit, or property risk.

• A request is not a confirmed reservation until Kirby Co. & Outfitters accepts it and provides confirmation. Equipment remains subject to availability, inspection, weather restrictions, and lawful operational requirements.
• The rental order will identify the equipment, rental period, base rate, deposit or card authorization, selected options, and material fees known at checkout. Applicable tax, delivery or pickup charges, consumables, fuel, optional protection products, and other disclosed charges may be added.
• Renter authorizes Kirby Co. & Outfitters and its payment processor to place the disclosed authorization hold and to charge amounts lawfully due under the Rental Agreement. A card authorization is not necessarily a completed charge. The issuing bank controls how quickly released holds become available.
• Security deposits do not cap Renter’s responsibility. Kirby Co. & Outfitters may apply a deposit to unpaid rent, loss, damage, cleaning, fuel, recovery, or other authorized charges and will return any remaining balance after the equipment is checked in and charges are determined.
• Any disputed charge should be reported promptly with the reservation number and supporting information. Nothing in this policy limits a cardholder’s nonwaivable rights.

• The rental begins and ends at the times shown on the rental order. Renter must return all equipment, accessories, manuals, keys, chargers, batteries, PFDs, paddles, tie-downs, and other components by the due time and to the agreed location.
• An extension is effective only after Kirby Co. & Outfitters confirms it. Keeping equipment after the due time without confirmation is unauthorized and may interfere with another customer’s reservation.
• Late time is charged at the hourly, daily, or other rate disclosed on the rental order or, if none is shown, at the then-current rate for the equipment and elapsed rental period. Kirby Co. & Outfitters may also recover reasonable, documented costs caused by an unauthorized late return to the extent permitted by law.
• Renter must contact Kirby Co. & Outfitters immediately if timely return becomes unsafe or impossible. Calling does not automatically approve an extension or waive charges.

• A cancellation received at least 24 hours before the scheduled pickup time receives a full refund of prepaid rental charges.
• A same-day cancellation may be charged up to one day’s rental rate. A no-show may be charged the reserved rental amount, as disclosed during booking.
• For adventure rentals, if Kirby Co. & Outfitters cancels before pickup because Kirby Co. & Outfitters determines that weather, water, launch, wildfire, closure, or other safety conditions are unsuitable, Renter may choose a full credit or refund of prepaid rental charges for the affected rental. If Renter cancels while Kirby Co. & Outfitters determines operations may safely continue, the ordinary cancellation rules apply.
• After equipment has been released, ordinary changes in weather, water, project conditions, or Renter’s plans do not by themselves create a refund right. Kirby Co. & Outfitters may provide a credit in its discretion, but no discretionary credit changes future policy.

• Kirby Co. & Outfitters will provide equipment that has passed its applicable checkout inspection. Renter must inspect the equipment and the condition record before departure and report any missing item, visible defect, damage, or disagreement.
• Photographs, video, checklists, meter readings, fuel levels, and electronic timestamps may be used to document condition at checkout and return.
• Renter acknowledges receipt of the equipment and instructions identified on the rental order. Acceptance does not waive a defect that could not reasonably have been discovered during the inspection.
• Particular-purpose limitation: Renter selects the equipment and is responsible for determining the project, material, site, vehicle, load, waterway, weather, size, capacity, and skill requirements. Except for any written recommendation placed on the rental order, Kirby Co. & Outfitters does not warrant that equipment is suitable for Renter’s particular project, site, material, load, intended result, or conditions. This paragraph does not disclaim the equipment’s ordinary functional qualities, any written promise Kirby Co. & Outfitters makes, or any warranty or remedy that Washington law does not permit Kirby Co. & Outfitters to disclaim.

Renter and every operator must:

1. Use the equipment only for its designed purpose and within the manufacturer’s limits, warnings, manuals, and Kirby Co. & Outfitters instructions.
2. Complete required orientation, fitting, or competency checks and use all guards, restraints, protective equipment, PFDs, and safety devices.
3. Inspect the equipment before each use and stop immediately if it is damaged, malfunctioning, recalled, unsafe, or producing unusual sound, heat, vibration, odor, leakage, or warning signals.
4. Keep the equipment secure from theft, unauthorized use, weather, saltwater, collision, contamination, and other avoidable damage.
5. Follow all laws, permits, site rules, trail or waterway restrictions, burn bans, utility-location requirements, load limits, towing requirements, and environmental rules.
6. Never use equipment while impaired by alcohol, cannabis, illegal drugs, or any medication or condition that makes use unsafe.
7. Never remove guards or labels, defeat a safety device, alter, repair, open, tow, motorize, or attach the equipment to another item unless Kirby Co. & Outfitters gives written authorization.

• Use required eye, hearing, respiratory, head, hand, foot, fall, and other personal protective equipment appropriate to the task.
• Confirm underground and overhead utilities, structural conditions, ventilation, fire protection, traffic control, and exclusion zones before work begins.
• Use the correct fuel, power source, extension cord, blade, bit, accessory, hitch, ball size, electrical connector, tie-down, and tow vehicle. Renter is responsible for lawful loading and securement.
• Do not use equipment on asbestos, lead, silica, mold, biohazards, hazardous chemicals, or other regulated material unless the equipment is expressly approved and Renter is legally qualified and properly protected.
• Shut down, isolate energy, and secure equipment before clearing jams, servicing, transporting, or leaving it unattended.

• A properly sized, serviceable, U.S. Coast Guard-approved personal flotation device must be available as required by law and must be worn at all times while using Kirby Co. & Outfitters paddlecraft or other water equipment, regardless of swimming ability.
• A child 12 years old or younger must wear an appropriately sized, U.S. Coast Guard-approved PFD whenever a vessel under 19 feet is underway, as Washington law requires. Kirby Co. & Outfitters may impose stricter age, size, supervision, thermal-protection, or PFD rules.
• Renter must remain within designated operating areas and return before the time, daylight, tide, current, wind, temperature, visibility, or weather cutoff stated by Kirby Co. & Outfitters.
• Renter must check conditions before launch and continuously during use; stay close enough to shore for conditions and ability; maintain a safe lookout; avoid navigation lanes, vessels, hazards, wildlife, private property, and restricted areas; and immediately seek shore if conditions deteriorate.
• Required leashes, whistles, lights, thermal protection, helmets, and other kit components must be used as instructed. A leash may not be appropriate in moving or entanglement-prone water; follow Kirby Co. & Outfitters’s equipment- and location-specific instruction.
• No towing, racing, diving from equipment, standing in a canoe or kayak, overloading, night use, unsupervised minor use, or use outside the disclosed activity and location.
• Renter is responsible for permits and licenses for fishing, shellfishing, crabbing, park access, or other regulated activity.

• Stop use, prevent further harm, and contact Kirby Co. & Outfitters promptly after any malfunction, collision, capsize, injury, loss, theft, or material damage. Call 911 or the appropriate emergency service first when needed.
• Do not continue using or attempt a repair unless Kirby Co. & Outfitters gives specific authorization. Preserve the equipment and relevant evidence and complete a truthful incident report.
• Report theft to law enforcement and provide the report number. Cooperation with an investigation does not require Renter to give up any legal right.
• When equipment fails during proper use, Kirby Co. & Outfitters may provide a replacement, repair, credit, or refund for the affected unused rental time, subject to availability and applicable law. This remedy does not limit any nonwaivable remedy.

• Return equipment in substantially the checkout condition, ordinary wear excepted. “Ordinary wear” means deterioration expected from proper use during the agreed term; it does not include abuse, contamination, corrosion, avoidable water or weather exposure, cuts, punctures, collision, overloading, missing parts, or failure to follow instructions.
• Fuel-powered equipment must be returned at the recorded fuel level unless the order states a prepaid fuel arrangement.
• Water gear must be returned free of excessive salt, sand, mud, and debris. Camping gear must be returned clean and dry. Kirby Co. & Outfitters may charge the reasonable, disclosed or documented cost of extraordinary cleaning, decontamination, fuel, and missing components.

• From release until confirmed return, Renter bears responsibility for possession, authorized use, and avoidable loss or damage, except to the extent caused by Kirby Co. & Outfitters or otherwise allocated by nonwaivable law.
• Without an elected Limited Damage Waiver, Renter is responsible for the reasonable cost to repair damage beyond ordinary wear. If repair is not commercially reasonable or the equipment is not recovered, responsibility is the reasonable replacement value stated on the rental order or supported by Kirby Co. & Outfitters’s records, less applicable salvage and amounts recovered from another source. Kirby Co. & Outfitters will not obtain a double recovery.
• Renter is responsible for reasonable retrieval, shipping, towing, and recovery costs caused by Renter’s breach, misuse, or failure to return, to the extent permitted by law.

The Limited Damage Waiver is optional, is not insurance, and applies only if Renter affirmatively elects it and pays the separately disclosed fee. Its terms, limitations, exclusions, and any deductible or retained responsibility are contained in the Limited Damage Waiver document. It does not cover bodily injury, third-party property, theft or disappearance, prohibited use, or every type of equipment damage.

To the extent permitted by law, Renter will defend and reimburse Kirby Co. & Outfitters and the applicable pickup location for a third-party claim, fine, lien, or property loss to the extent caused by Renter’s or an authorized operator’s unlawful, intentional, reckless, or negligent misuse of equipment or material breach of the Rental Agreement. This obligation does not require Renter to indemnify a party for that party’s own negligence, gross negligence, reckless conduct, intentional misconduct, or nonwaivable legal responsibility.

Renter agrees to conduct this transaction electronically. Before signing, Renter must be able to view, download, print, or save the Rental Agreement. By selecting the signature or acceptance control with intent to agree, Renter adopts an electronic signature. Kirby Co. & Outfitters will associate the signed document version, reservation, date and time, and available authentication records and will provide or make available a retainable copy. Renter may request a paper copy and may decline future electronic transactions by contacting Kirby Co. & Outfitters; declining electronic transactions may require completing future rentals in person.

Washington law governs. Before filing a lawsuit, the parties should send written notice describing the dispute and allow 30 days for a good-faith attempt to resolve it, unless delay would prejudice a claim, emergency relief is needed, or law provides otherwise. Any court proceeding must be brought in a Washington court with lawful jurisdiction in the county where the rental location involved in the dispute is located, unless applicable law requires another forum. Small-claims remedies remain available.

• If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue, unless that would materially change the bargain.
• A Kirby Co. & Outfitters delay or one-time exception is not a continuing waiver.
• Changes apply prospectively. The version accepted for a reservation controls that transaction unless the parties lawfully agree otherwise.
• Nothing in the Rental Agreement waives rights or duties under the Washington Consumer Protection Act or other law that cannot be waived.

Hoodsport Ace & Lumber Rentals — Hoodsport Ace & Lumber pickup location
150 N Lake Cushman, Hoodsport, WA 98548
360-877-4005 · Contact the Hoodsport Ace & Lumber rental desk for current contact information