Customer Hold Harmless Waiver
When purchasing or leasing equipment, and specifically firearms from RGnG, LLC (DBA Rent Guns and Gear, R Guns and Gear, RgunsNgear.com, hereafter used interchangeably), you, the Lessee/Customer, will be required to check boxes agreeing to the below statements and terms of sale taken from ATF form 4473. These responses will be supplied to and verified by government agencies against the FBI’s criminal background database. Any misrepresentations or knowingly false statements are a violation of federal law.
RGnG, LLC reserves the right to deny firearm rentals or any rentals or sales to anyone, even if all required documentation is provided and confirmed. It is Seller/Lessor’s right to use best judgement to deny rentals or sales in the interest of preventing fraud and keeping the public and Equipment user safe whenever concerns are noted regarding the capability, knowledge, or intention of a potential customer.
Customer Affidavit: By selecting & clicking “I Agree, Submit Order”, you, the Customer/Lessee are certifying that information and answers you provide are truthful and that each and all of the statements below are TRUE in regard to you the Customer/Lessee under penalty of law.
- I am currently twenty-one (21) years old or older.
- By selling or delivering ammunition and/or firearms accessories to me via a licensed FFL, RgunsNgear.com is not violating any state or local law or ordinance, or aiding any future criminal activity.
- I am not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over one year.
- I am not a fugitive from justice.
- I am not an unlawful user or addicted to any controlled substance.
- I have not been adjudicated as mentally defective and I have not been committed to any mental institution.
- I am not an illegal or unlawful alien, and I am not a nonimmigrant alien.
- I have never been and I am not expected to be discharged from the Armed Forces under dishonorable conditions.
- I have not renounced my U.S. citizenship.
- I am currently not subject to a domestic violence restraining order of any kind.
- I have never been and I am not expected to be convicted in any court of a misdemeanor crime of domestic violence.
- I will not conduct an unauthorized export of any defense articles.
Customer Affidavit Adherence to Fish and Wildlife Laws:
- By selecting & clicking “I Agree, Submit Order” Lessee agrees to and certifies the following statements are TRUE in regard to the Customer/Lessee:
- I certify that I am in possession of and will supply copies of my valid, state-issued hunting license and/or hunting permit and state issued hunter safety card on request as proof beyond reasonable doubt, that that I am capable of and that I will, safely handle Leased firearms and ammunition, and I will use them only for hunting purposes in accordance with all applicable federal, state, and local firearm laws, rules, regulations and ordinances, and state and federal wildlife, game and fish laws, rules, and regulations.
- I will provide a signed outfitter agreement or contract if requested by Lessor to confirm that I, the Lessee, have valid hunting intentions. Lessor may verify that the supplied contract is valid with the undersigned outfitter or guide service.
- I certify that I have not been convicted of a poaching violation in the United States or Canada in the past two calendar years and that my hunting and fishing privileges are intact in all 50 states and all Canadian Provinces.
- I will obey all governing state, provincial, or international fish and wildlife regulations prior to, during, and after any hunt during which I am in possession of RGnG, LLC’s Equipment.
- I acknowledge I am liable for the full and reasonable replacement value of any leased Equipment confiscated at any time as a result of any past, present, or future crime, poaching or wildlife investigation, or conviction by myself or anyone I hunt with.
- I understand that I am 100% responsible for the full and reasonable replacement value of Lessor’s lost or stolen Equipment while in my possession.
- I accept full responsibility to inspect equipment as received and compare it to the defect report provided by Lessor and to report any discrepancies within the next business day after signing for the order.
- I accept responsibility for the full repair or replacement costs, and or reasonable reduction in value from any damage to Lessor’s Equipment resulting from normal hunting use, misuse, improper care, improper cleaning, or improper storage. These damages may be caused by moisture, rodents, wild animals, mold, mildew, dust, excess heat or cold, solvents, chemicals, fire, prolonged sun exposure, naturally occurring weather, slips, trips, falls, or component failure.
- I accept responsibility for full and reasonable costs of repairs, replacement, or cleaning required to remedy incidental or accidental damage to Equipment or accessory items during the rental period, excluding shipping loss or damages. I acknowledge that I am responsible for all damage including, but not limited to, scratches, dents, dings, marks, cuts, tears, cracks, paint chips, burn marks, excess soiling, dust, grit, stains, rust, wear marks, lost parts, offensive odors, and any other defects or damage that occur while Equipment is in my (Lessee’s) possession.
- I will not illegally transport firearms, wildlife or wildlife parts across state or international borders where prohibited.
- I will not transport illegally harvested wildlife or wildlife parts across state lines.
- I will properly store firearms and ammunition out of reach of children, in a locked room or cabinet, and I will use the trigger lock included with the firearm to ensure the safety of all who have access to the leased firearm or vicinity of the firearm.
Agreement to Indemnify and Defend for Misrepresentation
By selecting & clicking “I Agree, Submit Order” Lessee agrees to and certifies that in the event any of the above statements supplied by Lessee of these Terms and Conditions are determined to be untrue, Lessee will release, hold harmless, indemnify, and pay to defend RGnG LLC (DBA Rent Guns and Gear, R Guns and Gear, RgunsNgear.com) and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
Release of Liability and Agreement to Indemnify and Defend
While RGnG LLC (DBA Rent Guns and Gear, R Guns and Gear, RgunsNgear.com) strives to offer high quality products and excellent customer service, it is merely a supplier of products designed, manufactured, and tested by other companies. Therefore, as our customer, the Lessee, understands and acknowledges that RGnG, LLC shall not be liable for any claims and/or damages, or for the breach of any warranty, express or implied, whether of merchantability or fitness for any purpose or otherwise, whatsoever.
Furthermore, Lessee understands and acknowledges that RGnG LLC expressly disclaims any and all liability for the accuracy of information provided or that RGnG failed to provide to the Lessee/Customer, and for how Lessee uses or fails to use information provided, by RGnG, LLC. Lessee understands and acknowledges that RGnG, LLC cannot be held liable for how Lessee or anyone else uses any information received from RGnG LLC. Therefore, Lessee explicitly agrees to release, hold harmless, indemnify, and pay to defend RGnG, LLC and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to Lessee’s use of information provided by RGnG, LLC.
Lessee acknowledges that manufacturers are the best resources for information about their products, including critical safety information. Lessee agrees to review all information and safety warnings from product manufacturers prior to leasing, purchasing, and using products acquired from RGunsNgear.com.
By placing an order with RGnG LLC, I understand and acknowledge that I alone am responsible for how the product I purchased or rented from RGnG LLC is used by me and by any other party while in my possession and during the rental period until returned. I explicitly agree to release, hold harmless, indemnify, and pay to defend RGnG, LLC and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the products I have purchased or rented, to include but not be limited to the use of the Equipment, the storage of the Equipment, and the transportation of the Equipment. If another party files a claim of any kind against RGnG LLC, I will indemnify and pay to defend RGnG, LLC and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
If I choose to file a complaint against RGnG, LLC or any of its owners, agents, officers, or employees, I agree that such a complaint must be filed in a court located in Ada County, Idaho. I agree that any complaints filed within any other jurisdiction shall be immediately removed to a court within Ada County, Idaho, and I agree to reimburse RGnG, LLC and its owners, agents, officers, and employees for any costs they may each incur in defending against the complaint or effecting its removal until such time that the complaint is properly filed within a court located in Ada County, Idaho.
I understand and acknowledge that Idaho law will govern exclusively: my purchase or rental, and use of any products from RgunsNgear.com; any information I receive or fail to receive from RgunsNgear.com; any legal action instituted against me by RGnG LLC; and any legal action that I institute, or that someone else institutes as a result of my actions, against RGnG LLC.
In the event any legal action is necessary to enforce any of the terms and conditions of this Waiver and Policies, the prevailing party shall be entitled to all costs and fees incurred, including reasonable attorneys’ fees.
Class Action Waiver
I expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, I acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Shipping Destination Restrictions
I understand that RgunsNgear.com does not ship any product outside the United States or firearms to Alaska, Hawaii, California, Massachusetts, Chicago, New York City, or any other area within the United States where RgunsNgear.com is prohibited by federal, state, or local law to ship product. I also understand that if I attempt to have product shipped to these restricted areas, my order will be cancelled, and I will be subject to paying a cancellation fee as described in the Rental Agreement. RGnG, LLC regrets not being able to serve all customers, but some legislative bodies are infringing on the 2nd Amendment and the Commerce Clause. If you live in a restricted area, please join the NRA and write your Congressman or elect a different one who has more respect for your Constitutional rights.
Following a 2018 United States Supreme Court decision, if you live in certain states, your Department of Revenue may require us to collect and remit sales tax on your order. If you have questions about whether we need to collect sales tax on your order, you can contact us, or you can use the “Estimate Shipping and Tax” tool in “My Cart.”
Trademarks and Copyright
I expressly acknowledge that all content on the website www.RgunsNgear.com is copyrighted by RGnG LLC. I further acknowledge that I have been made aware that the trademarks and logos for RgunsNgear.com have been registered in the U.S. Patent and Trademark Office by RGnG LLC.