Equipment Rental, Assumption of Risk & Liability Waiver Agreement
This Equipment Rental, Assumption of Risk & Liability Waiver Agreement ("Agreement") is entered into between Exo Rental ("Company," "we," "us") and the individual identified on the associated booking confirmation ("Renter," "you"), effective as of the date Renter checks the agreement box during booking. This Agreement governs Renter's rental of one (1) Hypershell exoskeleton unit — model and serial number as stated on your booking confirmation — for the rental period stated on the booking confirmation ("Rental Period").
The Hypershell exoskeleton is a consumer wellness and mobility-assist product. It is not FDA-approved, is not classified as a medical device in the United States, and is not a substitute for professional medical treatment, physical therapy, or medical advice. Exo Rental does not represent or guarantee any medical, therapeutic, or health outcome from use of the equipment. If Renter has any medical condition, injury, surgery, neurological condition, cardiovascular condition, or pregnancy that could be affected by physical exertion or powered/assisted movement, Renter should consult a physician before use and confirms having done so, or having made an informed decision to proceed without doing so.
Renter understands that using a powered exoskeleton involves inherent risks, including but not limited to: falls, loss of balance, muscle or joint strain, skin irritation or pressure points from straps, unexpected motor assistance or mechanical malfunction, battery/electrical issues, and risks arising from Renter's own physical condition or environment of use. Renter voluntarily and knowingly assumes all such risks, known and unknown, in exchange for being permitted to rent and use the equipment.
Exo Rental makes no representation or warranty that the equipment will be comfortable, suitable, or effective for Renter's particular body, mobility condition, fitness level, or goals. This is precisely why Exo Rental offers equipment for rent rather than only for sale: so that Renter can personally test a genuine unit before deciding whether to buy one. Because results and fit vary from person to person, Renter acknowledges and agrees that once the equipment ships, the Rental Fee is fully earned and is non-refundable — regardless of whether Renter personally finds the equipment unsuitable, uncomfortable, ineffective, or otherwise "not a good fit," including for reasons related to Renter's specific mobility condition. A unit that is not the right fit for one renter's body or condition is not, on its own, considered a defect or a failure of any Exo Rental obligation under this Agreement.
This clause governs the Rental Fee only. It does not affect the Refundable Security Deposit described in Section 8, which is returned according to its own return-condition terms regardless of whether the equipment worked out for Renter personally.
The only grounds for a refund or credit of the Rental Fee are: (a) the unit is defective and does not power on or function per the manufacturer's specification through no fault or misuse of Renter, or (b) Exo Rental made a material shipping/fulfillment error (e.g., the wrong model was shipped). Renter must notify Exo Rental in writing within 48 hours of delivery, with photos or video showing the issue. Exo Rental will, at its reasonable discretion, repair or replace the unit, extend the Rental Period at no charge, or issue a prorated or full refund of the Rental Fee for the affected period. Cosmetic wear consistent with normal prior rental use is not a defect.
To the maximum extent permitted by Florida law, Renter, on behalf of themselves and their heirs, executors, and assigns, releases and forever discharges Exo Rental and its owners, employees, contractors, and agents from any and all claims, demands, actions, or causes of action arising out of or related to injury (including death) or property damage resulting from Renter's use, misuse, or possession of the equipment during the Rental Period. This release does not apply to the extent a claim arises from Exo Rental's gross negligence or willful misconduct, which cannot be waived under Florida law.
Renter agrees to indemnify, defend, and hold harmless Exo Rental from and against any third-party claims, losses, or expenses (including reasonable attorneys' fees) arising from Renter's use of the equipment during the Rental Period, except to the extent caused by Exo Rental's gross negligence or willful misconduct.
Before the equipment ships, Renter must complete identity verification — a government-issued photo ID matched to the renter's name and the payment method on file — through Exo Rental's verification process. Exo Rental may decline, delay, or cancel a booking (with a full refund of the Rental Fee and Deposit in that case only) if verification fails, appears fraudulent, or cannot be completed.
Renter agrees to return the equipment, charger, case, and all included accessories in the same condition received, normal wear and tear excepted. Renter is financially responsible for: physical or water damage beyond normal wear, missing components, or failure to ship the return using the provided prepaid return label within 2 days of the Rental Period's end date. Repair or replacement costs will first be deducted from the Deposit; any amount beyond the Deposit will be charged to the payment method on file, up to the unit's retail replacement value (Hypershell X Go: $999 · X Max S: $1,499 · X Ultra S: $1,999).
Renter agrees to: follow Hypershell's manufacturer instructions and the Hypershell+ app guidance provided by Exo Rental at the start of the rental; avoid use in extreme weather, heavy rain, snow, or heavily dusty conditions; take regular breaks; stop use immediately and contact Exo Rental (and seek medical attention if appropriate) if experiencing pain, dizziness, or a device malfunction; never attempt to open, modify, or repair the unit; and keep the equipment dry and secured when not in use.
Exo Rental ships the equipment via a tracked, insured carrier (UPS or FedEx) and provides a prepaid return label. Loss or damage that occurs strictly in carrier transit — both outbound and on the return trip, provided Renter used the original packaging and provided label — is covered by the carrier's shipping insurance and is not charged to Renter.
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising from this Agreement will be brought in a state or federal court located in Orange County, Florida.
This Agreement, together with the online booking confirmation, is the entire agreement between Renter and Exo Rental regarding the rental. Renter's checkbox confirmation at booking is legally binding to the same extent as a handwritten signature.