Rental Agreement Terms

EQUIPMENT RENTAL AGREEMENT TERMS AND CONDITIONS (“AGREEMENT”)

  1. GENERAL. This Agreement is between The Sweet Spot, LLC (“The Sweet Spot”) and the customer identified in the rental order (“Renter”). The Sweet Spot will provide Renter the sporting equipment (collectively, “Equipment”) described in the rental order and in accordance with the terms set forth in this Agreement. The Sweet Spot will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental subtotal price identified in the rental order (“Rental Price”). Renter agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 8. To the extent Renter has entered into a Master Rental Agreement (“MRA”) with The Sweet Spot and the terms of the MRA and this Agreement conflict, then the terms of the MRA will govern.

    1. PAYMENT. Renter is responsible for all charges due in full at the commencement of the Rental Period or upon The Sweet Spot’s request, using a payment card approved by The Sweet Spot (“Renter Card”), including deposits (“Deposits”). Renter consents to the reservation of credit for estimated charges due, and authorizes The Sweet Spot to process all amounts due, on Renter Card. In the event Renter cancels reservation of equipment within 12 hours of the scheduled pick up time, a cancellation fee will be charged to the credit card on file. All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Renter must notify The Sweet Spot in writing of any disputed amounts, including credit card charges, within twenty-five (25) days after the receipt of The Sweet Spot rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts. Renter will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.

      1. PERMITTED USE/RESTRICTIONS/MAINTENANCE. Renter agrees that The Sweet Spot has no control over the manner in which the Equipment is operated during the Rental Period. Renter warrants that:
        (a) Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use;
        (b) Renter has received all information requested regarding the operation of the Equipment;
        (c) The Sweet Spot is not responsible for providing operator or other training unless requested by Renter;
        (d) Renter will: (I) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, and (III) not use the Equipment in a negligent, unauthorized, or abusive manner;
        (e) The Equipment will be kept in a secure location;
        (f) Renter will maintain possession of the Equipment and will not sublease, sell the Equipment, or assign this Agreement;
        (g) Renter will use the Equipment in a dry location;
        (h) Renter will use the Equipment in compliance with all applicable laws and regulations;
        (i) Renter will not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions;
        (j) Renter will not aid in the vandalism or theft of the Equipment;
        (k) Renter will not rent the Equipment upon the basis of false or misleading information;
        (l) Renter will not operate the Equipment while intoxicated or under the influence of any substance that impairs Renter’s ability to operate the Equipment; and
        (m) Renter will not remove, operate, or utilize the Equipment outside of the United States, Canada or Guam.
        (n) Renter is at least 18 years of age or older.
         
        I. Equipment Return. On or before on the date and at the time specified in the Agreement, Renter will return the Equipment to The Sweet Spot location where the Equipment was rented in the same condition as when rented. Moreover, if the Equipment is not returned as specified in this Section 3, a cleaning charge, a drop charge or a rate change may apply (in addition to any remedies set forth in Section 8 below). If the Equipment is not returned at the expiration of the Rental Period or if The Sweet Spot determines that the Equipment is no longer in Renter’s possession, Renter will be deemed unlawfully in possession of the Equipment, and The Sweet Spot may, among other remedies, seek the issuance of a warrant for the arrest of Renter or any other person in possession of the Equipment.
         

        II. Telematics. The Equipment may be equipped with a telematics device that enables The Sweet Spot to monitor the use and location of the Equipment. The telematics device is used to collect the Equipment’s location (determined by GPS systems). The Sweet Spot may use the information for various purposes, including, but not limited to: (i) locating lost or stolen Equipment; (ii) analyzing and improving The Sweet Spot’s rental program; (iii) enforcing the terms of this Agreement; or (iv) providing Renter with support, assistance, or services. The Sweet Spot may share information collected with companies performing services for The Sweet Spot, and as deemed necessary by The Sweet Spot, (A) to comply with legal process or a request from a governmental entity, and (B) to protect The Sweet Spot's rights and property.

        III. Investigations. All Renters will promptly complete incident reports, deliver to The Sweet Spot a copy of all related documents, and fully cooperate with The Sweet Spot’s investigation of any vandalism, theft, accident, claim or lawsuit involving the Equipment. This obligation to cooperate does not create a duty of defense by The Sweet Spot.

         

        1. EQUIPMENT DAMAGE / REPAIRS / PROTECTION. (a) Equipment Damage. Regardless of fault, Renter is responsible for all loss of and damage to equipment (including loss or damage due to normal use and damage caused by theft, abuse, misuse, neglect, or intentional acts). Renter is responsible for The Sweet Spot’s loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”).
        (b) Repairs. Renter agrees that an estimated “Repair Cost” will be charged for tools and large equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the fair market value of the Equipment and applicable fees. Renter acknowledges and agrees to pay the Repair Cost and authorizes The Sweet Spot to charge the Repair Cost to the Renter Card. All maintenance or repairs must be performed by The Sweet Spot or the manufacturer.
         
        1. LIMITATION OF LIABILITY. DURING THE RENTAL PERIOD, RENTER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY AND OPERATION OF THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, RENTER TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH. RENTER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE EQUIPMENT. FAILURE TO RETURN THE EQUIPMENT COULD LEAD TO RENTER BEING PROSECUTED FOR A CRIME.

          1. NO WARRANTIES. The Sweet Spot does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment. THE SWEET SPOT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter acknowledges acceptance of the Equipment “as is” and on a “where is” basis, with “all faults” and without any recourse whatsoever against The Sweet Spot.

            1. INDEMNIFICATION. (a) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER HEREBY INDEMNIFIES, RELEASES, AND HOLDS THE SWEET SPOT HARMLESS FROM AND AGAINST ALL CLAIMS LOSSES, EXPENSES (INCLUDING REASONABLE  ATTORNEYS’ FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ARISING OUT OF: (I) ALL CLAIMS WHICH ARE EXCLUDED FROM OR IN EXCESS OF THE LIABILITY PROTECTION PROVIDED BY THE SWEET SPOT; (II) ALL CLAIMS BY OR AGAINST THE SWEET SPOT ARISING OUT OF RENTER’S OPERATION OF THE EQUIPMENT; AND (III) ALL CLAIMS BY OR AGAINST THE SWEET SPOT ARISING OUT OF RENTER’S FAILURE TO COMPLY WITH ALL TERMS OF THIS AGREEMENT. RENTER’S INDEMNITY OBLIGATION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, RENTER AGREES THAT THIS CLAUSE WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT RENTER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.

            (b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, THE SWEET SPOT WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST THE SWEET SPOT FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT.

             

            1. DEFAULT AND REMEDIES. (a) Failure to Extend Rental Period: To extend the Rental Period, Renter must obtain The Sweet Spot’s written approval prior to the expiration of such Rental Period. Should Renter fail to return the Equipment prior to the expiration of the Rental Period or fail to return the Equipment in as good order and condition as when received, Renter will be in default of this Agreement. In addition to remedies set forth in Section 3(III), if the Equipment is not returned prior to expiration of the Rental Period, Renter will be charged an additional rental fee (“Additional Rental Fees”) until the first to occur of the following: (i) the Equipment is returned; (ii) The Sweet Spot has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“Present Value”); or (iii) the 30th day after the Rental Period expires.

            (b) Breach of Terms and Conditions. In the event that The Sweet Spot determines Renter has violated any term or condition of this Agreement, The Sweet Spot may take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event The Sweet Spot must take actions pursuant to this Section 8(b) or Section 3(III), Renter will reimburse The Sweet Spot for all costs incurred including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes The Sweet Spot to charge to the Renter Card, all amounts shown in the rental order, and all charges subsequently incurred by Renter under or related to this Agreement, including but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges incurred for failure to return the Equipment, INCLUDING, WITHOUT LIMITATION, ADDITIONAL RENTAL FEES OR EQUIPMENT REPLACEMENT FEES (less any paid Additional Rental Fees). To the extent required by applicable payment card network rules, The Sweet Spot will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period.

            (c) Payments. Renter can withdraw authorization to pay the Additional Rental Fees on a weekly recurring payment at any time, and make alternative arrangements to pay the Additional Rental Fees. The Sweet Spot is authorized to obtain updated card account information from the card issuer. Renter agrees that a service charge of 1.5% per month, or the maximum rate permitted by law, will be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to The Sweet Spot are paid in full. Any future rentals will be postponed until Renter’s account is paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a third party collection agency on the 31st day after the expiration of the Rental Period.
            (d) No Notice. RENTER HEREBY AGREES THAT RENTER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY THE SWEET SPOT OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should The Sweet Spot fail to meet any of its obligations under this Agreement, Renter’s only remedy is repair or replacement of the Equipment or a rental charge adjustment at The Sweet Spot’s sole discretion.
            1. NOTICES. The Sweet Spot may elect to send any notices to Renter by any means determined by The Sweet Spot. In particular, if Renter has provided The Sweet Spot with an email address, The Sweet Spot may send notices to Renter by email and such email notices by The Sweet Spot will be valid notices for purposes of this Agreement.

              1. RENTER’S INDEPENDENT STATUS. The relationship between the parties under the Agreement is that of independent contractors. Renter is not the agent or authorized representative of The Sweet Spot for any purpose.

                1. GOVERNING LAW. This Agreement will be construed in accordance with the laws of the State of Minnesota.

                  1. SEVERABILITY. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

                    1. ENTIRE AGREEMENT. This Agreement represents the entire agreement between The Sweet Spot and Renter. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreements between the parties.