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1. These Terms
These Rental Terms and Conditions (the “Terms”) are an agreement between Mountain Clothing Collective LLC, a Colorado limited liability company (“Mountain Clothing Collective,” “we,” “us,” or “our”), and the person who makes a reservation with us (“you”). Each person who signs the rental contract for a reservation is also “you” under these Terms, is bound by them, and is jointly and severally responsible for all amounts owed, which means we may collect the full amount from any one of them. A person who signs only as an agent for someone else, and says so, is not personally responsible for amounts owed once the person they sign for has accepted these Terms in one of the ways in Section 2 (until then, and in every case if the agent made the reservation, the agent is responsible as “you”), but Section 13 applies to that person’s own claims if that person uses any Item, and the parental release in Section 13 applies to that person in any event. A person 18 or older who signs the rental contract only to wear Items, and says so, is bound by these Terms for their own use of Items and their own claims, and is responsible for loss of or damage to the Items they wear, but is not otherwise responsible for amounts owed for the reservation.
We rent ski and snow apparel and related gear — jackets, bibs, pants, and anything else we list as available to rent (each, an “Item”). Items may be rented individually or as part of a kit or package; each piece in a kit is a separate Item. We deliver Items to you and collect them when your rental ends. These Terms apply to every reservation, every delivery, and every Item.
You must be at least 18 years old to reserve or receive Items. In these Terms, “in writing” and “written” include email and text message, except that notices under Section 15 are sent by email.
2. How you accept these Terms
You accept these Terms in any of the following ways, whichever happens first:
By checking the “I agree to the Terms and agreements” box when you complete a reservation on our website;
By signing the rental contract we send you by email, which attaches or links to these Terms;
By signing the rental contract when we deliver your Items; or
By taking delivery of Items, if we gave you these Terms (by email, by link, or on paper at delivery) before you took delivery and you had not already accepted them in one of the ways above.
If you reserve by phone, email, or message, we enter the reservation for you and email you the rental contract. Your reservation is not confirmed, and we do not take your deposit, until you accept these Terms by signing that contract; the cancellation terms in Section 6 apply from the moment you accept. If you have not signed within forty-eight (48) hours after we send the contract, or by 12:00 p.m. on the day before your reservation start date if that is sooner (or, for a reservation made after that time, by the scheduled delivery time), the reservation lapses and we may release the Items, unless we agree in writing to hold them longer.
If you have not yet accepted these Terms in one of the ways above and do not want to, tell us before you take delivery, including at the door. We will cancel the reservation and refund everything you have paid us for it, deposit included. Once you have accepted these Terms, if you decline to sign the rental contract at delivery and also decline to take the Items, we may treat that as a same-day cancellation under Section 6 — unless the rental contract contains a change to these Terms of the kind described in Section 17, in which case you may decline to sign it and cancel for a full refund, deposit included. If you take the Items without signing, you remain bound by the Terms you accepted.
The version of these Terms in effect when you make your reservation governs that reservation, unless you later choose to accept a newer version for it, in which case the newer version governs. We will not require you to accept a newer version to receive your Items; if a rental contract we send you links to a newer version, you may decline that version without charge, and the version that applied when you reserved continues to govern. Declining a newer version is not a cancellation; your rental simply continues under the earlier version. We keep a copy of each version we publish, and with your reservation confirmation we will email you a copy of the version that applies to your reservation, which you can save and print.
3. Reservations, prices, delivery fees, and taxes
A valid credit or debit card is required to make a reservation. You confirm that you are authorized to use the card you give us.
Prices are shown on our website when you reserve. Prices do not include sales tax. Applicable state and local sales tax is shown with your price before you agree to pay — at checkout if you reserve on our website, and in the quote and rental contract we send you if you reserve by phone, email, or message — and is collected with the rental charge at delivery. An Item’s “Daily Rate” is its rental charge divided by the number of rental days; for an Item rented as part of a kit or package, it is the package’s rental charge divided equally among the Items in it and then by the number of rental days, unless your reservation shows a different figure. Rental days are the days for which your reservation was priced, as shown on your reservation.
Standard delivery is free to addresses in Vail, Beaver Creek, Avon, and Edwards, and to any other location up to fifteen (15) road miles from Vail. Priority delivery, which gives you priority when scheduling your delivery window (defined in Section 7), is available within the same range for an additional delivery fee of $25. Delivery beyond fifteen (15) road miles is available for an additional fee: $50 for locations more than fifteen (15) and up to twenty (20) road miles, and $100 for locations more than twenty (20) and up to thirty (30) road miles. We do not deliver beyond thirty (30) road miles unless we agree to in writing. Road miles are measured from Vail to the delivery address. Because the delivery fee depends on the road distance to your delivery address, your total price may vary with your address. We show your total price, including any delivery fee, before you agree to pay.
4. Security deposit and payment
Security deposit. When you reserve (or, if you reserve by phone, email, or message, when you sign the rental contract), we take a security deposit equal to fifty percent (50%) of the rental charge for your Items. The deposit is refundable after your rental, except that (a) we apply it to anything you owe under these Terms, as described under “Returning the deposit” below, and (b) we keep it as a cancellation charge if you cancel fourteen (14) days or less before your reservation start date, as Section 6 explains. The deposit secures your obligations under these Terms — payment of the rental charge, damage, loss, late return, and late cancellation. It is not a payment toward your rental charge, which is due separately at delivery (see “Rental charge” below).
Depending on how you book, the deposit may be charged to your card or placed as a temporary authorization hold on it. A hold can expire before your rental ends; if it does, Section 10 authorizes us to charge your card for the cancellation charge under Section 6, or for any amount you come to owe that the deposit secures. If the deposit is charged, we refund it to the same card on the timing described under “Returning the deposit” below.
THE DEPOSIT IS NOT A LIMIT ON WHAT YOU MAY OWE. IF ITEMS ARE DAMAGED, LOST, NOT RETURNED, OR RETURNED LATE, YOU ARE RESPONSIBLE FOR THE FULL AMOUNTS DESCRIBED IN SECTION 9, EVEN IF THOSE AMOUNTS ARE MUCH LARGER THAN YOUR DEPOSIT.
Rental charge. The rental charge, any delivery fee, and tax are due when the Items are delivered to you. You may pay by tap-to-pay at delivery, by Venmo or Zelle, or by another electronic method we accept, or we may charge the card you have on file. We do not accept cash. If the rental charge, any delivery fee, and tax cannot be collected when we arrive, for a reason other than a failure of our own equipment, app, or connection, we may hold the Items until they are paid; if they are not paid during that visit, we may treat the reservation as a same-day cancellation under Section 6. If we do, you owe the cancellation charge instead of the rental charge, delivery fee, and tax for that reservation.
Returning the deposit. If you owe us nothing under these Terms — for example, your Items came back on time and undamaged beyond ordinary wear and tear (defined in Section 8) — we release or refund your deposit in full within seven (7) days after the earlier of the time we take the Items back and the time they become our responsibility under the last paragraph of Section 7. If you owe us anything under these Terms, we apply the deposit to that amount first and return any balance within fourteen (14) days after that time or, for an Item we charge as not returned, within fourteen (14) days after we charge its Replacement Value (defined in Section 9) or, if we do not charge it, within fourteen (14) days after the time for us to decide under Section 9 has passed, and in any event within sixty (60) days after the Return Time. Releasing or refunding your deposit does not waive any amount you owe under Sections 6, 9, or 10, but we will not charge you for damage or cleaning unless we send you the explanation described in Section 9 within fourteen (14) days after the earlier of the time we take the Items back and the time they become our responsibility under the last paragraph of Section 7.
5. Availability and substitutions
We make every effort to have your reserved Items ready for your reservation, but we do not guarantee that any particular Item will be available.
If a reserved Item becomes unavailable, we will contact you and offer the most similar available Item as a substitute. If we have no substitute to offer, we cancel that Item and refund everything you have paid for it, deposit included, with no cancellation charge, and you may also cancel any other Item reserved with it as part of the same kit or package on the same terms. If the substitute is priced lower than the Item you reserved, we reduce your rental charge by the difference, and refund it if you have already paid it. We will not charge you more than your original reservation price for a substitute. When we offer a substitute we will tell you its Replacement Value. For every purpose in Section 9 — damage, loss, theft, an Item not returned, and late fees — you owe no more for a substitute than you would have owed for the Item you reserved, and a substitute becomes yours under Section 9 once you have paid in full what you owe for it under Section 9 as limited by this paragraph. If you do not want the substitute, you may cancel the affected Item, and any other Item reserved with it as part of the same kit or package, and we will refund everything you paid for them, deposit included, with no cancellation charge.
6. Changes, cancellations, and no-shows
Changing a reservation. Ask us and we will do what we can. If we can accommodate a change to your dates, sizes, or Items, we will confirm it in writing, and the change takes effect only when we confirm it. If a change increases or reduces the rental charge, your deposit is adjusted to fifty percent (50%) of the new rental charge: we collect any increase and refund or release any excess, less any cancellation charge below. The rental charge due at delivery is the new rental charge. A change we cannot accommodate is not a cancellation — your original reservation stands. If we accept a change made fourteen (14) days or less before, or after, your original start date but before we deliver your Items, and the change reduces your rental charge, you owe a cancellation charge equal to fifty percent (50%) of the reduction, and the rest of your deposit continues to secure your rental. A change of size, or an exchange for an Item of equal or higher price, is not a reduction. If we accept a change to your dates made fourteen (14) days or less before your original start date, the cancellation charge applies to any later cancellation of that reservation, or of any Items or days removed from it, whenever the later cancellation is made; for every other purpose, including the no-show paragraph below, your reservation start date is the new date we confirm. For a change to your dates that we accept more than fourteen (14) days before your original start date, your reservation start date is the new date we confirm for every purpose.
Extending a rental. Tell us before your rental ends. If we can extend it, we confirm the new Return Time (defined in Section 7) in writing and charge the additional rental days at each Item’s Daily Rate. An extension we have not confirmed in writing does not change the Return Time, and Section 9 late fees apply.
Returning Items early. You may return Items before the Return Time. We do not refund unused rental days. If you leave Items for us under Section 7 before the Return Time and tell us where they are, the last paragraph of Section 7 decides when they become our responsibility. Despite “Changing a reservation” above, a change made after we deliver your Items that shortens your rental or removes Items from it is an early return: the rental charge is not reduced and unused days are not refunded.
Cancelling.
More than fourteen (14) days before your reservation start date: full refund of everything you have paid, including the deposit.
Fourteen (14) days or less before your reservation start date: you owe a cancellation charge equal to your deposit, or, if you cancel only some Items or days, the part of your deposit attributable to what you cancel. If your deposit was charged, we keep it as that charge; if it was placed as a hold, you authorize us to charge the cancellation charge to your card on file. Any amount you have paid above it is refunded.
No-shows (under the paragraph below or under Section 7) and same-day cancellations are treated the same as a cancellation within fourteen (14) days.
If we have tried at least twice to reach you to arrange delivery, using at least two of phone, text, and email and including at least once on the day before your reservation start date (or, for a reservation made after that day began, at least once after you reserved), and, by 12:00 p.m. on your reservation start date (or, for a reservation made on or after that time, the later of two (2) hours after you reserve and the start of the earliest delivery hours in Section 7 that apply to your address), you have not confirmed a delivery time with us, we may treat the reservation as a no-show and release your Items. If you contact us later that day and we still have the Items and can deliver them, we will, and no cancellation charge applies.
If we cancel your reservation for any reason other than your material breach of these Terms that you do not cure as described in the next sentence, a no-show under this Section or Section 7, a lapse under Section 2, or a decline or non-payment that Section 2, 4, 7, 8, or 18 treats as a cancellation by you, we refund everything you have paid for that reservation. If we cancel before delivery because of your material breach of these Terms that you do not cure within twenty-four (24) hours after we tell you of it in writing, it is treated as a cancellation by you on the date we cancel.
Weather, road closures, and other events outside anyone’s control. If a road closure, avalanche control, storm, resort closure, government order, or other event neither of us controls prevents us from reaching your delivery address at the scheduled time while you are there to receive the Items, we deliver as soon as it is safe to do so and refund the rental charge for each full rental day lost. If the event makes delivery impossible on every day of your rental period, we refund everything you have paid for the affected reservation, even if the same event also delays your arrival, and neither of us owes the other anything further. If such an event delays our pickup, no late fee accrues for the delay. If such an event delays your arrival instead — a cancelled flight, for example — we deliver at the next available time, if you tell us of the delay and arrange a new delivery time before we treat the reservation as a no-show under this Section or Section 7; the rental period is not extended, and no refund is due for the days before you arrive; if you do not take your rental at all as a result, that is a cancellation under the terms above, and we will work with you in good faith on a date change.
7. Delivery, fittings, pickup, and return
Scheduling. We contact you one to two (1–2) days before your rental begins — or, for a reservation made less than two (2) days before it begins, as soon as we reasonably can after you reserve — to confirm the delivery location and time. When we confirm your delivery, we give you an arrival window within the delivery hours below (your “delivery window”). We will propose a pickup time in writing, in your delivery confirmation or by text or email at or before delivery. You must give us a working phone number and email address and stay reachable during your rental. Our number is below in Section 19 — call or text us if your plans change.
Delivery hours. We deliver to Vail Village, Lionshead Village, and Beaver Creek Village between 4:00 p.m. and 9:00 p.m. Deliveries to all other locations are scheduled between 7:00 a.m. and 7:00 p.m.
Fittings. Fittings take place at your location and take about ten to fifteen (10–15) minutes. You are responsible for giving us safe and lawful access to the delivery and pickup location. If, in our reasonable judgment at the fitting, an Item in the size you reserved does not fit you and we have no substitute you can wear, we refund the rental charge for that Item and release the part of your deposit attributable to it. Except as Section 2 provides, a change of mind at the door about an Item, or about the whole reservation, is a same-day cancellation, under Section 6, of what you decline, and the cancellation charge is the part of your deposit attributable to it.
If no one is there at delivery. We do not leave Items unattended. If we arrive within your delivery window, or after it for a reason outside our control, and no one is available to receive the Items, we take them with us and contact you to reschedule; we are not responsible for a rental you cannot use because you were not available to receive it, and the rental period is not extended. If we arrive before your delivery window and no one is there, we come back within the window. If you do not arrange a new delivery time with us within twenty-four (24) hours after we first try to reach you to reschedule, or no one is there at a rescheduled delivery time either, or your rental period ends before we have delivered because you were not available, we may treat the reservation as a no-show under Section 6 and release the Items. If we arrive after your delivery window for a reason within our control, we deliver at the earliest time you can receive the Items and refund the rental charge for each full rental day lost because of our delay and any priority-delivery fee; if no one is there when we arrive late, we contact you to reschedule. We will not treat a reservation as a no-show, and no cancellation charge applies, where our own delay caused you not to be available; if we cannot agree a new delivery time within seven (7) days after we first try to reach you to reschedule, the reservation is cancelled and we refund everything you have paid for it, deposit included. If we are more than two (2) hours late for a reason within our control, you may instead cancel the reservation or the affected days, and we refund everything you have paid for what you cancel, deposit included.
Return Time. The “Return Time” is the end date and time of the rental period shown on your reservation, as changed by any extension we confirm in writing, or as changed under Section 18. We collect Items at a pickup time we arrange with you, at or before the Return Time, unless we agree a later time with you in writing. It is your responsibility to have all Items packed in the bag we provided, ready, and accessible when we come for them.
How Items come back. You may give Items back in one of three ways: by handing them to us in person; by leaving them with the front desk of your lodging; or by leaving them in a secure luggage-storage area at your lodging that you have identified to us in writing before you leave the Items there. If you leave Items at a front desk or in luggage storage, text or email us by the Return Time, or as soon as you leave them if that is later, saying where they are and the name they are left under, and, if you can, a photo of the Items where you left them. Items are “left for us” under these Terms once they are left in one of those ways, or as the fallback below allows, and you have sent us that message; a photo helps us find them but is not required. If we arranged a pickup and no one is there and no Items have been left for us in one of those ways, contact us immediately to arrange another pickup; the Items are still out and Section 9 applies. If you must leave before the pickup time we have offered or arranged, or before we have offered or arranged any pickup time, and you tell us so by text or email before you leave, or if we have missed an arranged pickup, or if, by the later of 6:00 p.m. on the day before the Return Time and the time we deliver, we have neither offered you in writing nor agreed with you a pickup time at or before the Return Time, you may leave the Items at your lodging in a secure place we can lawfully reach, described to us by text or email, with any access code or instructions we need and, if you can, a photo; they are then “left for us,” and the last paragraph of this Section applies. Items left anywhere we cannot reach remain your responsibility.
UNTIL WE PHYSICALLY TAKE AN ITEM BACK INTO OUR POSSESSION IT REMAINS YOUR RESPONSIBILITY, INCLUDING WHILE IT SITS AT A FRONT DESK OR IN A LUGGAGE-STORAGE AREA — EXCEPT THAT IF YOU LEFT IT FOR US AS DESCRIBED ABOVE AND WE HAVE NOT COLLECTED IT WITHIN TWENTY-FOUR (24) HOURS AFTER THE LATER OF THE RETURN TIME AND OUR RECEIPT OF YOUR MESSAGE, IT IS OUR RESPONSIBILITY FROM THEN ON. THIS PARAGRAPH IS ABOUT WHO BEARS THE RISK OF LOSS; WHEN AN ITEM COUNTS AS HANDED TO US OR LEFT FOR US, AND WHEN LATE FEES STOP, ARE GOVERNED BY THE PARAGRAPHS ABOVE AND BY SECTION 9.
8. Your responsibilities for the Items
From the moment the Items are delivered to you until the moment we take them back, they are in your care and at your risk, except as the last paragraph of Section 7 provides. While you have them, you agree to:
Use the Items only for their ordinary purpose — recreational skiing, snowboarding, and ordinary winter wear;
Have the Items ready and accessible at the pickup time we arrange under Section 7, packed in the bag we provided;
Return the Items in the condition you received them, ordinary wear and tear excepted;
Keep the Items in your control, and not sell, pawn, sublet, rent, or lend them to anyone outside the people travelling with you on this trip;
Not alter, repair, launder, dye, patch, or apply any treatment to the Items yourself;
Tell us within twenty-four (24) hours if an Item is damaged, lost, or stolen during your rental, and give us a police report number if you report a theft — if you do not, you are responsible for any additional loss the delay causes; and
Tell us right away if an Item comes into contact with bedbugs or another infestation, so we can treat it before it goes out again.
If you allow anyone else to use an Item, including anyone travelling with you and anyone under 18, you remain fully responsible under these Terms for that Item and for that person’s use of it. You will have anyone 18 or older, other than you, sign the rental contract before that person first wears an Item; if someone joins your trip after delivery, tell us and we will send the contract for signature by email or text. We may require this at delivery; if that person will not sign, we may withhold that person’s Items, and that is a same-day cancellation of those Items by you under Section 6.
Ordinary wear and tear means the light, gradual effects of normal use — minor surface soiling that ordinary laundering removes, faint scuffing, and slight loss of water repellency. It does not mean rips, tears, punctures, burns, broken or separated zippers, pulls, missing parts, stains that ordinary laundering does not remove, odors that ordinary laundering does not remove, or contamination or infestation.
9. Damage, loss, theft, and late returns
Replacement Value. An Item’s “Replacement Value” is the amount recorded for it in our inventory records when you make your reservation. We set that amount as follows: (a) for a current-production Item, the retail price of the same or a comparable Item when we record it, less an allowance for the Item’s age and condition; (b) for a vintage or one-of-a-kind Item, what we paid to acquire it; and (c) for a discontinued Item, what we paid to acquire it, less an allowance for the Item’s age and condition. We update the recorded amount for each Item at least once before each winter season. The recorded amount is the Replacement Value even if retail prices change later. If we had not recorded an amount for an Item when you made your reservation, its Replacement Value is the lowest amount we had recorded for an Item of the same kind on the date of your reservation. Ask us before your rental begins and we will tell you the Replacement Value of any Item you have reserved.
Damage. Except for damage that occurs after an Item becomes our responsibility under the last paragraph of Section 7, you are responsible for the cost of repairing any Item returned with damage beyond ordinary wear and tear that it did not have when we delivered it, or for its Replacement Value if repair is not practical; repair, cleaning, treating, and decontamination charges for an Item will never total more than that Item’s Replacement Value. If the total we charge you for repairing, cleaning, treating, or decontaminating an Item equals that Item’s Replacement Value — whether because repair was not practical or because the limit above applied — then once you have paid it in full the Item is yours, and we will give it to you if you ask within thirty (30) days after you pay it. You are also responsible for the actual cost of cleaning, treating, or decontaminating an Item returned with soiling, odor, or infestation that ordinary laundering does not remove and that it did not have when we delivered it. We will repair rather than replace where repair is practical, and we credit against what you owe anything we recover for the same loss from insurance or from a third party.
Loss and theft. Except as the last paragraph of Section 7 provides, you are responsible for the Replacement Value of any Item that is lost or stolen while it is in your care and at your risk under Section 8, or that we treat as not returned under “Items more than three days late” below.
Late returns. If an Item is not handed to us, or left for us in one of the ways described in Section 7, by the Return Time, a late fee equal to that Item’s Daily Rate applies for each twenty-four (24) hour period, or part of one, after the Return Time until it is handed to us or left for us in one of those ways. No late fee accrues while an Item is waiting for us in one of those ways; from an arranged pickup time at which you were at the pickup location with all Items packed and we did not come for it at that time, or from the time we postpone a pickup, until the next pickup time we arrange with you; from the Return Time, if, by the later of 6:00 p.m. on the day before the Return Time and the time we deliver, we had neither offered you in writing nor agreed with you a pickup time at or before the Return Time, until the pickup time we next arrange with you; from the Return Time until a pickup time later than the Return Time that we arranged with you in writing before the Return Time (but not a time we arranged because no one was there at an earlier pickup we arranged); except that if you asked for the later time in order to keep using the Items, the additional time is an extension charged at the Daily Rate under Section 6 unless we tell you in writing that it is free; or while an event described in Section 6 prevents us from collecting it. If we offer you a pickup time in writing, late fees resume at the earliest of the pickup time you accept, any other pickup time we agree with you, and the later of the earliest time we offered and twenty-four (24) hours after we send the offer. At any time, you may also stop late fees by leaving the Items for us under Section 7. Late fees for an Item stop when we receive your report, made in good faith under Section 8, that it was lost or stolen, and do not resume, whether or not the Item later comes back; if we reasonably determine that a report was not made in good faith, late fees accrue as if you had made no report. Whether or not we charge an Item’s Replacement Value, and whether or not the Item comes back, total late fees for that Item never exceed its Replacement Value and, except for any twenty-four (24) hour period, or part of one, during which you kept using the Item after the Return Time, never exceed the late fees that had accrued before the earliest time we could have treated it as not returned under “Items more than three days late” below.
Items more than three days late. If an Item has not been handed to us or left for us within three (3) days after the Return Time, not counting any period during which no late fee accrues under the paragraph above, we may treat it as not returned and charge its Replacement Value, which we will decide whether to do within thirty (30) days after the first day we could have charged it. If we charge you the Replacement Value of an Item under this paragraph or under “Loss and theft” above, and that Item is handed to us or left for us within thirty (30) days after we charge it, the Replacement Value charge is withdrawn and any unpaid part of it is cancelled; you owe instead the late fees for it under “Late returns” above and the cost of repair or cleaning under “Damage” above (or, if the Item cannot practically be repaired, its Replacement Value under “Damage”), and we refund any amount you paid above what you owe. If the Item is not handed to us or left for us within those thirty (30) days, it becomes yours once you have paid its Replacement Value in full; until then it remains our property.
How we tell you. We send you an itemized written explanation by email of any charge under this Section — the Item, what happened, and how the amount was calculated — when we charge it or, if that is not possible, promptly afterward, and in any event, for a charge for damage or cleaning, within the fourteen (14) days Section 4 requires. You may dispute any charge under this Section by writing to us at [email protected] within thirty (30) days after you receive the explanation, and we will consider a dispute you raise later as well. We will not pursue collection of a charge until we have sent the explanation. This does not shorten any time you have under law to bring a claim. If you tell us something we did not know, we will look at it again and adjust the charge if it should be adjusted.
Reasonable estimate. You and we agree that the late fees and Replacement Values in this Section are a reasonable estimate of the harm we suffer when an Item comes back late or does not come back — lost rental income, replacement cost, and the administrative work involved — and that the cancellation charge in Section 6 is a reasonable estimate of the rental income we lose because we held those Items for you and usually cannot rent them to someone else on short notice. None of these is a penalty. Repair, cleaning, treating, and decontamination charges are the actual costs we incur, up to the limit in “Damage” above.
10. Your card on file, and what happens if a charge does not go through
Authorization. You authorize us to charge the card you have on file for: the security deposit, and, if a deposit placed as a hold has expired, any amount the deposit secures; the cancellation charge under Section 6; the rental charge, any delivery fee, and tax; additional rental days under Section 6; any amount you owe under Section 9; and interest and dispute fees under this Section. Card payments are processed by our third-party payment processor. We do not store your full card number.
If a charge is declined. If a charge is declined, reversed, or otherwise not collected, the amount remains a debt you owe us. You agree to pay it within ten (10) days of our written demand. Amounts not paid within ten (10) days of our written demand bear interest from then at one and one-half percent (1.5%) per month, or the highest rate allowed by Colorado law, whichever is less.
Disputes with your card issuer. If you disagree with a charge, contact us first at [email protected] so we can review it with you. If you dispute a charge with your card issuer, you agree that we may give your issuer these Terms, your rental contract, our delivery and pickup records, photographs, and any other information needed to respond. You are responsible for any fee our processor charges us for a dispute you do not prevail on.
Collection. Section 15 governs where a collection action is brought and who pays the cost of it, and the notice period in Section 15 does not extend the ten (10) days above for payment.
11. Cleaning and information about the Items
As Section 12 says, every Item is inspected and cleaned before it is rented.
When we launder or re-treat our Items, we use laundry and treatment products whose manufacturer describes them as free of PFAS. We are telling you what we use; we do not represent that the Items themselves are free of PFAS. Technical outerwear is often manufactured with durable water-repellent finishes that may contain PFAS, and those finishes are part of the garment as it was made.
Laundry products and fabric treatments can irritate sensitive skin. If you have a known sensitivity or allergy to laundry detergents, fabric treatments, or any material used in technical outerwear, tell us before your rental begins and we will tell you the specific products we use so that you can decide whether to rent. If you do not tell us, we will not know to tell you which products we use.
12. Condition of the Items — what we do and do not promise
Our Items are previously worn rental garments. Apart from what Section 11 says about the products we use, we promise one thing about them: each Item is inspected and cleaned before it goes out.
WE MAKE NO OTHER WARRANTIES OF ANY KIND ABOUT THE ITEMS, EXPRESS OR IMPLIED. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY, AND THERE IS NO WARRANTY THAT THE ITEMS WILL BE FIT FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY ITEM WILL KEEP YOU WARM OR DRY IN ANY PARTICULAR CONDITIONS, OR THAT IT WILL FIT YOU IN ANY PARTICULAR WAY. EXCEPT FOR THE PROMISE IN THE PARAGRAPH ABOVE, THE ITEMS ARE RENTED TO YOU “AS IS,” IN THE CONDITION THEY ARE IN.
This Section is about the promises we make. It does not affect your responsibility under Sections 8 and 9 for Items that come back damaged, late, or not at all.
13. Assumption of risk and release
Skiing, snowboarding, and being on or around a mountain in winter are dangerous activities. They carry risks of injury and death that exist no matter what you are wearing, including falls, collisions, changing weather, avalanche, cold exposure, frostbite, and hypothermia.
Clothing is not safety equipment. Renting apparel from us does not make any activity safe, and no Item will protect you from injury. Proper layering, and judgment about weather and conditions, are your responsibility.
YOU KNOWINGLY ACCEPT THESE RISKS, AND YOU RELEASE MOUNTAIN CLOTHING COLLECTIVE LLC AND ITS OWNERS, EMPLOYEES, AND ANYONE ACTING FOR IT IN DELIVERING, FITTING, OR COLLECTING ITEMS FROM ANY CLAIM FOR INJURY, DEATH, OR DAMAGE TO PROPERTY ARISING OUT OF YOUR USE OF THE ITEMS OR OUR DELIVERY, FITTING, AND PICKUP SERVICES — INCLUDING A CLAIM THAT WE WERE NEGLIGENT. THIS RELEASE APPLIES WHEREVER YOU USE THE ITEMS: ON AND AROUND THE SKI AREA, ON THE SLOPES, IN LIFTS AND TERRAIN PARKS, IN TRANSIT TO AND FROM THE MOUNTAIN, AT YOUR LODGING, AND ANYWHERE ELSE YOU WEAR OR CARRY THEM.
This release does not cover conduct that is willful and wanton, reckless, or grossly negligent; a claim that an Item was defective when we delivered it; a claim for personal injury based on a breach of warranty that Colorado law does not allow us to exclude; or anything else Colorado law does not allow us to release. It does not affect your right to the return of your deposit or to any refund or credit these Terms provide, including under Sections 2, 4, 5, 6, 7, 9, and 18, or your right to receive any Item that becomes yours under Section 9 (or, if we cannot give it to you, repayment of what you paid for it).
If you have checked the acceptance box or signed the rental contract (taking delivery of Items, without either of those, is not enough for this paragraph), and you are a child’s parent, guardian, legal custodian, or other person Colorado law treats as that child’s parent for this purpose, and you allow the child to use an Item, then to the extent Colorado law allows a parent to do so — and Colorado law does allow it for claims of negligence — you release, on your child’s behalf, every claim of your child for injury, death, or damage to property arising out of your child’s use of the Items or our delivery, fitting, and pickup services, including a claim that we were negligent, on the same terms and with the same exceptions as the release above.
14. Limitation of liability
Except for the claims described in the next paragraph, our total liability to you for any claim arising out of a rental is limited to the total rental charge and delivery fee for that rental, whether or not yet paid, and we are not liable for indirect, incidental, consequential, special, or punitive damages, including lost vacation time, lift tickets, travel costs, or lost enjoyment.
This Section 14 does not cap, limit, or exclude damages for personal injury or death, for willful and wanton, reckless, or grossly negligent conduct, or for anything Colorado law does not allow us to limit. This Section 14 also does not limit your right to the return of your deposit, to any refund or credit these Terms provide, to repayment of any amount we charged you that these Terms did not allow, to receive any Item that becomes yours under Section 9 (or, if we cannot give it to you, repayment of what you paid for it), or to attorney fees and costs awarded under Section 15. Nothing in this Section 14 narrows the release in Section 13.
15. Colorado law, resolving disputes, and attorney fees
Governing law. These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.
Talk to us first. Before either of us starts a legal proceeding about money owed under these Terms, that party will give the other written notice describing the dispute and what it wants, and we will both try in good faith to resolve it for fourteen (14) days, except where the law does not allow such notice to be required.
Where a case is brought. Any proceeding arising out of or relating to these Terms or a rental must be brought in the state courts located in Eagle County, Colorado, except that a small claims case may be brought in any county the Colorado small claims rules allow, and nothing in this Section limits any right you have under Colorado law to have a case against you heard in the county where you live, where you lived when you entered into these Terms, or where you entered into these Terms. You and we each consent to the jurisdiction of the Eagle County courts and waive any objection that they are an inconvenient forum.
Attorney fees and costs. In any proceeding to collect an amount owed under these Terms, including a refund or the return of a deposit, the party that prevails is entitled to recover its reasonable attorney fees and costs, including the cost of collection, from the party that does not.
16. What survives the end of your rental
These Terms continue to apply after your rental ends to anything that happened during it and to anything either of us owes the other.
17. If documents disagree
If these Terms and the rental contract for your reservation say different things about the same subject, these Terms control, unless the rental contract says in writing that it is changing a specific section of these Terms and you separately sign or initial that change.
18. General
Entire agreement. These Terms, together with your reservation and your rental contract, are the entire agreement between you and us about your rental, and replace any earlier discussions about it.
Changes. We may update these Terms for future reservations; Section 2 explains which version applies to yours. No change to your rental is binding on us unless we agree to it in writing.
Severability. If any part of these Terms is found unenforceable, that part is narrowed to the extent needed to make it enforceable, and the rest of these Terms stays in effect.
No waiver. If we do not enforce a part of these Terms on one occasion, we have not given up the right to enforce it later.
Assignment. You may not assign or transfer your reservation or these Terms to anyone else. We may assign them in connection with a sale or transfer of our business.
Our right to decline. We may decline or end a rental if a delivery location is unsafe, if anyone is abusive or threatening to our staff, or if we reasonably believe an Item is being used in a way these Terms do not allow. If we end a rental under this paragraph, the Return Time becomes the pickup time we set and tell you in writing, which will be no earlier than two (2) hours after we tell you or, if we tell you after 5:00 p.m., no earlier than 10:00 a.m. the next day. We will move it to another time you propose if we reasonably can. No late fee accrues while we are unable or unwilling to collect because of the condition that led us to end the rental. We refund the unused portion of your rental charge and return your deposit less anything you owe under Section 9. If we decline a rental before delivery because of your conduct or an unsafe location you control, it is treated as a cancellation by you on that date under Section 6.
Electronic records and signatures. You agree that we may send you messages about your reservation by email and text message, and that an electronic signature or a checked acceptance box has the same effect as a handwritten signature. We will not send you marketing text messages unless you separately agree to receive them.
Notices. Notices to us go to [email protected]. Notices to you go to the email address on your reservation.
Headings. Headings are for convenience and do not affect how these Terms are read.
19. Contact us
Mountain Clothing Collective LLC
Vail, Colorado
[email protected] · (970) 390 3857