Release & Waiver
In order to participate in the experience (the “Experience”) offered by your accommodation host (the “Host”) to use the services offered by the BnSellitTM platform, and your Host(s) require you to accept this Guest Release and Waiver (“Waiver”), which is effective between you, your Host(s) and BnsellitTM platform as of the date when you first book or participate in the Experience. If you do not agree to these terms, you will not be able to rent or/and purchase anything through the BnSellitTM platform, so please review these terms carefully:
You agree to the terms and conditions outlined in this Waiver with respect to the goods, services and information provided by or through the BnSellitTM platform. You agree to review this Waiver prior to renting or/and purchasing anything; if you proceed to purchase, rent or use any item or otherwise enjoy an Experience under the BnSellitTMplatform, you shall be deemed to have accepted the terms of this Waiver.
Experience refers to you as a guest renting or purchasing services, wares or an experience through the BnSellitTM platform, including without limitation your (1) physical stay in the Host property, (2) rental use of the Host(s)’ or a third party providers’ items or services during your stay, and (3) the purchase of wares, services or experience from the Host or other third party provider.
You represent that you are 18 years of age or older.
If you are bringing a minor as a Guest or allow a minor to engage in, purchase or rent an Experience, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Experience and have read this Guest Release and Waiver and agree to it on the minor’s behalf.
If you are booking an Experience on behalf of other Guests, you shall ensure and you represent and warrant that each Guest on whose behalf you rent, purchase or book an Experience has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.
4 General Rules
To the maximum extent permitted by law, you release and promise not to sue BnSellitTM platform and your Host(s) or third party provider of the Experience for any claims, demands, causes of action, losses (whether economic or non-economic), damages, expenses, costs or liability of any nature whatsoever arising from or in connection with your Experience, whether based on warranty, contract, tort (including negligence), product liability, or any other legal claims completely and unconditionally.
You agree that if any portion of this Waiver is held to be vague, invalid or unenforceable, the portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.
5 Release and Waiver
You agree on your own behalf, on behalf of any minors represented by you and on behalf of any of your guests at the Host’s accommodation or participating in the Experience (each minor and guest being referred to as “Guest”) that:
- The items have been received in good condition and the rental items will be returned in the same condition (ordinary wear and tear accepted).
- You agree not to loan, sublet, or otherwise depose of rental items.
- You agree to use each rental item for its designed purpose only.
- You agree to bear all risk and responsibility of and for all damage, loss or theft of the rental items; and shall pay the Host(s), BnSellit TM platform or any third- party provider in full the replacement cost, including labor and repairment, for all damages.
- If the rental item is lost, stolen, or damaged beyond repair, you agree to pay based on the market price.
- You agree to ensure that all users (and users’ guardians) of the rental equipment sign liability waivers.
- You have reasonably assessed the inherent risks to persons and property involved in the Experience(s) and have made an informed and voluntary choice to participate.
- You are capable of safely operating and handling the items you rent/buy and you have adequate skills, knowledge and experience to safely use the item. You also find it is in good working order, condition and repair.
- You alone, and not your Host(s), BnSellitTM platform nor the third- party provider are responsible for determining your fitness for participating in the Experience and your ability to fully understand any directions or warnings presented.
- You will not participate in any Experience when you have a physical, medical, or mental limitation or disability, or when you aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Experience.
- You certify and agree to ensure that all users of the rental equipment will not be under the influence of any drugs or alcohol, and that they are otherwise competent to use or participate in the Experience. You agree that neither you nor any users shall have any claim against BnSellit or its providers in the event of a violation of this certification, and to save and hold BnSellit and its providers harmless from and against any claims, damages or expenses of any kind arising from a violation.
- You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Experience. If you notice any hazard during an Experience, you will stop participating in the Experience immediately.
6 Editing, Deleting, and Modification
BnSellitTM platform reserves the right in its sole discretion to edit or delete any information or content appearing on the website and to remove any goods, services or experiences for rent or/and sale through the BnSellitTM platform. BnSellitTM platform can modify this Waiver, and change its prices for wares, services or experiences at its sole discretion and without prior notice. Modification of this Waiver and prices will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
7 Right to Refuse Experience
The Host, BnsellitTM platform and their third- party providers reserve the right at their sole discretion to discontinue the provision or to refuse to provide through purchase, rent or otherwise the Experience, whether for sale, rent or otherwise. The Rental and Sale of any goods and services are also always subject to refuse to rent or/and sell at any time. Rent/Sale of any ware, service or an experience is always subject to availability.
You agree to indemnify and hold each of the Host(s), BnsellitTM platform and their third- party providers harmless from and against all attorney fees, an amount not less than 50% of all sums due, court cost and expenses incurred by any of them as a result of their need to enforce collection or to preserve or enforce rights under this Waiver as against you, or minors or Guests as provided for herein.
All legal proceedings arising out of or in connection with this Waiver shall be brought solely in the Province of Ontario, Canada and you expressly submit to the exclusive jurisdiction of said courts.