MAKA GAMES

Game Rental Agreement, Terms of Service & Liability Waiver

By completing checkout, signing electronically, or accepting delivery of equipment, you (“Renter,” “you,” or “your”) agree to the following terms with MAKA GAMES (“MAKA GAMES,” “we,” “us,” or “our”). These terms form a legally binding agreement.

1. Eligibility & Legal Capacity

You confirm that you are at least nineteen (19) years of age and legally authorized to enter into this Agreement.

If you are booking on behalf of an organization, company, or event host, you confirm that you have the authority to bind that entity to this Agreement.

2. Understanding the Risks

Our games are built for connection and enjoyment. Like any physical activity, their use involves some level of risk.

These risks may include:

• Slips, trips, or falls
• Collisions with equipment or other participants
• Equipment tipping or shifting
• Improper setup or unstable surfaces
• Minor, serious, or catastrophic injury
• Property damage
• In rare cases, death

By renting from MAKA GAMES, you acknowledge and voluntarily accept all risks — whether known or unknown — related to the use, setup, transport, or storage of the equipment during your rental period.

You are responsible for anyone who uses the equipment while it is in your care.

3. Responsibility During the Rental Period

Responsibility for the equipment transfers to you:

• When it is delivered to the agreed location, or
• When you or your representative pick it up

Your responsibility ends only after MAKA GAMES has retrieved and inspected the equipment.

During your rental period, you are responsible for:

• Supervising participants
• Ensuring proper and stable setup (if self-setup is selected)
• Protecting equipment from theft, vandalism, and misuse
• Using equipment only on stable, level surfaces
• Protecting equipment from weather and environmental exposure

If MAKA GAMES provides setup, you remain responsible for safe supervision and use once setup is complete.

MAKA GAMES reserves the right to refuse delivery or setup if the location is deemed unsafe, unstable, inaccessible, or otherwise unsuitable. In such cases, applicable cancellation terms will apply.

4. Equipment Condition & Inspection

Please inspect all equipment immediately upon delivery or pickup.

If no concerns are reported before use, the equipment is considered accepted in good condition.

5. Security Deposit

A security deposit may be required at the time of booking. The deposit amount is specified during checkout and reflected on your invoice.

The security deposit:

• May be pre-authorized or charged prior to the rental period
• May be applied toward unpaid balances, damages, cleaning fees, late fees, missing items, or replacement costs
• Does not limit your total financial responsibility under this Agreement

If no damages, losses, or additional charges apply, the deposit will be released or refunded within a reasonable processing period after equipment inspection.

6. Damage, Loss, Theft & Cleaning

We take pride in the quality of our handcrafted wooden games and ask that they be treated with care.

You agree to return all equipment in the same condition received, reasonable wear and tear excepted.

You are financially responsible for the full repair or replacement value of equipment that is:

• Damaged
• Lost
• Stolen
• Exposed to rain or excessive moisture
• Returned excessively dirty
• Returned incomplete

Replacement value is determined by MAKA GAMES and may include materials, labor, shipping, and administrative costs based on current production pricing.

7. Authorization to Charge

By booking with MAKA GAMES, you authorize us to charge the credit card or payment method on file for:

• Repair or replacement costs
• Missing components
• Cleaning fees
• Late return fees
• Additional delivery charges due to inaccurate information
• Administrative or recovery costs

If a payment method fails, you remain responsible for all outstanding amounts, including reasonable legal and collection costs.

8. Weather & Environmental Protection

Our games are designed for outdoor use but are not waterproof.

During your rental period, you are responsible for protecting equipment from:

• Heavy rain
• Snow
• Standing water
• Mud or saturated ground
• Excessive moisture
• Extreme heat

Damage caused by improper storage or excessive weather exposure during your rental period is your responsibility.

9. Indemnification

You agree to indemnify and hold harmless MAKA GAMES, its owners, employees, contractors, and affiliates from any claims, damages, liabilities, losses, or expenses (including legal fees on a solicitor-client basis) arising from:

• Use or misuse of equipment
• Injury or death
• Property damage
• Third-party claims
• Breach of this Agreement

This obligation continues after the rental period ends.

10. Release of Liability

To the fullest extent permitted under the laws of British Columbia, you release MAKA GAMES from liability for any direct, indirect, incidental, or consequential damages arising from the rental or use of equipment.

This includes claims based on negligence.

This release does not apply in cases of gross negligence or intentional misconduct by MAKA GAMES.

11. Limitation of Liability

If MAKA GAMES is found liable despite this Agreement, our total liability will not exceed the total rental fees paid for the equipment involved.

We are not responsible for:

• Lost profits
• Event cancellation losses
• Business interruption
• Emotional distress
• Indirect or consequential damages

12. Cancellation Policy

Standard Bookings

• More than 7 days before event: Full refund
• 3–7 days before event: 25% of rental subtotal retained (excluding taxes and delivery fees)
• Within 72 hours: 50% of rental subtotal retained (excluding taxes and delivery fees)
• Within 24 hours: Non-refundable

Delivery fees are non-refundable if cancellation occurs within 72 hours of the event.

Holiday & Statutory Weekend Bookings

• More than 14 days before event: Full refund
• 7–14 days before event: 25% of rental subtotal retained (excluding taxes and delivery fees)
• Within 7 days: 50% of rental subtotal retained (excluding taxes and delivery fees)
• Within 72 hours: Non-refundable

Delivery fees for holiday and statutory weekend bookings are non-refundable if cancellation occurs within 7 days of the event.

13. Late Return Policy

Return Time

You agree to return all rented MAKA Games equipment on the date and time listed in your booking confirmation.

A 30-minute grace period is included.

Late Fees

If the equipment is returned more than 30 minutes late, a late fee will apply:

• 25% of your total rental amount per hour
• Late fees are charged in full-hour increments
• Late fees are capped at the cost of one additional full rental day (100% of your rental total)

Late fees will be automatically charged to the payment method on file.

Example:
If your rental total is $200, the late fee is $50 per hour.

If Equipment Is Not Returned

If equipment is not returned within 24 hours of the scheduled return time and we have not approved an extension:

• An additional full rental day will be charged
• Your security deposit may be applied
• After 48 hours, the full replacement value of the equipment may be charged

14. Events Beyond Our Control

MAKA GAMES is not responsible for delays or failure to perform due to circumstances beyond our reasonable control, including:

• Severe weather
• Natural disasters
• Government restrictions
• Road closures
• Labor shortages
• Mechanical failure

If such events occur, liability is limited to a refund of rental fees paid.

15. Severability

If any part of this Agreement is found unenforceable under British Columbia law, the remaining provisions remain in full force and effect.

16. Governing Law

This Agreement is governed by the laws of the Province of British Columbia, Canada.

Any legal action must be brought in the courts of British Columbia.

17. Acceptance of Agreement

By completing checkout, signing electronically, or accepting delivery, you confirm that you:

• Have read and understood this Agreement
• Voluntarily agree to all terms
• Accept this liability waiver
• Authorize charges as described

This Agreement forms a legally binding contract between you and MAKA GAMES.