Muskoka Patio Rental Agreement, Waiver & Liability Release

This Rental Agreement and Waiver (“Agreement”) is entered into between Muskoka Patio (“Company”) and the undersigned renter (“Client”).

By renting equipment, furniture, or products from Muskoka Patio, the Client agrees to all terms outlined below.

 

 

1. Rental Responsibility & Care of Items

The Client agrees to take full responsibility for all rented items from the time of delivery or pickup until the time of return and inspection by Muskoka Patio.

All items must be used only for their intended purpose and handled with reasonable care. The Client agrees not to misuse, modify, relocate (without approval), or allow improper use of any rented item.

 

 

2. Rental Deposit

A refundable rental deposit is required for all rentals.

The deposit is used to cover:

  • Damage beyond normal wear and tear

  • Missing items or components

  • Excessive cleaning

  • Repairs or replacement costs

If no issues are identified, the deposit will be refunded within 7-14 business days following pickup and inspection.

If damages or losses exceed the deposit amount, the Client agrees to pay the remaining balance promptly upon invoicing.

 

 

3. Damage, Loss & Replacement

The Client is financially responsible for any damage, loss, theft, or destruction of rented items, regardless of cause, including but not limited to:

  • Accidental damage

  • Weather exposure

  • Fire or heat damage

  • Food, beverage, or chemical staining

  • Improper storage or use

  • Third-party or guest actions

Replacement costs will be based on full retail value, including delivery, taxes, and any applicable labour.

 

 

4. Normal Wear vs. Damage

Normal wear is defined as minor, expected signs of use that do not affect the function or appearance of the item.

The following are not considered normal wear:

  • Burns, scorch marks, or heat damage

  • Breakage, bending, cracking, or warping

  • Fabric tears, deep stains, or odours

  • Mechanical or operational damage

  • Missing parts or accessories

 

 

5. Use of Cooking, Heating & Electrical Equipment

For grills, pizza ovens, heaters, beverage equipment, refrigeration, and similar items:

  • The Client assumes all responsibility for proper and safe operation

  • Only adults may operate equipment

  • Items must be used outdoors or in approved spaces only

  • No modifications or unauthorized connections are permitted

Muskoka Patio is not responsible for misuse, improper setup, or failure to follow basic safety precautions.

 

 

6. Assumption of Risk

The Client acknowledges that the use of rental furniture and equipment involves inherent risks, including but not limited to injury, burns, slips, falls, or property damage.

The Client voluntarily assumes all risks associated with the use of rented items.

 

 

7. Release of Liability

To the fullest extent permitted by law, the Client releases and holds harmless Muskoka Patio, its owners, employees, and affiliates from any claims, injuries, losses, or damages arising from:

  • Use or misuse of rented items

  • Accidents involving guests or third parties

  • Property damage

  • Personal injury or death

This release applies whether the claim arises from negligence or otherwise.

 

 

8. Indemnification

The Client agrees to indemnify and defend Muskoka Patio against any claims, damages, legal costs, or expenses resulting from:

  • The Client’s use of the rented items

  • Actions of guests, invitees, or third parties

  • Breach of this Agreement

 

 

9. Weather & Environmental Conditions

The Client acknowledges that outdoor rentals are subject to weather conditions.

Muskoka Patio is not responsible for damage caused by rain, wind, storms, heat, snow, or environmental exposure once items are delivered.

Items should be protected and secured when not in use.

 

 

10. Cancellation & No-Show Policy

The 20% rental deposit secures the Client’s booking and rental items. Cancellations must be submitted in writing.

If the Client cancels 14 or more days before the scheduled delivery date, the rental deposit will be refunded in full.

If the Client cancels 7 to 13 days before the scheduled delivery date, Muskoka Patio may retain 50% of the rental deposit.

If the Client cancels less than 7 days before the scheduled delivery date, the rental deposit is non-refundable.

If the Client cancels after full payment has been made, any refund beyond the rental deposit will be determined by Muskoka Patio based on the timing of the cancellation, reserved inventory, and delivery scheduling.

Once the rental period begins, no refunds will be issued for unused items, partial use, early returns, refusal of delivery, or failure to make items available for scheduled pickup.

 

 

11. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario.

 

 

12. Agreement Acceptance

By checking the agreement box, and completing an online booking, the Client confirms that they:

  • Have read and understand this Agreement

  • Agree to all terms and conditions

  • Accept full responsibility for the rented items