Terms and Conditions

Terms and Conditions

The following Terms and Conditions shall constitute the Rental Agreement (the “Agreement”)  under which The Winning Edge, LLC, a Colorado limited liability company (“Company”) shall rent Golf Rental Equipment (“Rental Equipment”) to You the (“Renter”).

Please note that when a Renter makes a reservation, the Company will charge the Renter’s credit card for the amount due for the entire “Rental Period” (as defined below). By acknowledging this Agreement, the Renter also authorizes the Company to charge the Renter’s credit card for any late, lost, stolen, broken, non-returned equipment, and for all other amounts payable under the terms and conditions of this Agreement.

article 1

THE RENTAL

1.1             Subject to Availability.  The Company will make all reasonable efforts to provide the Renter with the Rental Equipment the Renter desires. However, please note that due to unknown factors such as Rental Equipment not being returned on time, insufficient lead time, lost or stolen Rental Equipment, etc., all Rental Equipment is subject to availability. If the Rental Equipment reserved is unavailable, the Company will contact the Renter to determine if alternative Rental Equipment is acceptable to the Renter.  In the event it is not, a full refund will be processed.

1.2             Rental Period.  The Rental Period begins on the first day the Renter specifies in the reservation for Rental Equipment (the “First Rental Day”) and ends on the day the Rental Equipment is picked up by FedEx or dropped off at a FedEx staffed location (the “Last Rental Day”).  Please note that FedEx does not pick up on the weekend, however most FedEx Kinko’s and many FedEx shipping centers are staffed on the weekend.  The “Rental Period” includes the First Rental Day, the Last Rental Day, and all days in between.  If this is greater than the duration specified on the reservation, the Renter will be charged additional days.  The Company does not offer refunds for partial Rental Periods.

1.3             Reservation Changes and Extension of Rental Period.  The Company will make all reasonable efforts to make any changes that the Renter may wish to make to the Renter’s reservation, including any extensions they may wish to make to the “Rental Period” (defined below). Please note, however, that any such changes are subject to availability, particularly when requested within 3 business days or less of the First Rental Day.

1.4             Prices.  All rental prices shall be as listed on the website, and are subject to change without notice until a rental purchase is completed on the website.

1.5             Payments.  All rentals and purchases that the Renter makes through the Company will be transacted by means of a valid credit card at the time of making a reservation and/or purchase. Renter hereby authorizes the Company to charge Renter’s credit card for any amounts due plus any late, lost, stolen, broken, non-returned equipment, and for all other amounts payable under the terms and conditions of this Agreement.  The Company will charge the Renter’s credit card for the amount due for the entire Rental Period when the reservation is made. Cancelled or changed reservations shall be subject to refunds or charges on the Renter’s credit card pursuant to the terms of this Rental Agreement.

1.6             Delivery.  Rental Equipment may be delivered to the following locations:

a.                If the Renter arranges for delivery to a hotel with a front desk, then delivery may be accepted and signed for on the Renter’s behalf by the hotel’s front desk. Please note that the Renter will remain responsible for the equipment if the Renter arranges for this type of delivery, even though it is left with the hotel’s front desk.

b.               If the Renter arranges for delivery to a location other than a hotel with a front desk (e.g., a house, Airport, golf course, or other location), either the Renter or another person, must be personally present to accept and sign for delivery. If neither the Renter nor another person is at the designated location when delivery occurs, the delivery company will reattempt delivery on the next business day.  Please note that the Renter will remain responsible for the equipment and all associated charges if the Renter arranges for this type of delivery.

1.7             Acceptance.  Acceptance of the Rental Equipment subject to this Agreement shall be conclusively and irrevocably evidenced by either the Renter or another person signing for the delivery.  Upon such acceptance, such Rental shall be non-cancellable for the Rental Period unless otherwise agreed to in writing by the Company.

1.8             Reservation Cancellations.  The Renter may cancel this Agreement at any time at least 5 business days prior to the “First Rental Day” by calling the Company’s customer service phone number. Reservations cancelled less than 5 business days prior to the First Rental Day will be charged a minimum of one-day’s rental.

1.9             Unused Rental Equipment.  Rental Equipment that is delivered to a location, signed for, and not picked up by the Renter during the Rental Period will be charged for the full Rental Period.  The Renter will be responsible for notifying the delivery location that they must open the Rental Equipment and read the Return Instructions in order to return the Rental Equipment to the Company.

1.10          Possible Additional Charges to the Renter’s Credit Card.  In addition to charges for the Rental Period, the Company may charge the Renter’s credit card with the following additional charges, under the following circumstances:

a.                Failure to Return the Rental Equipment:  Renter is obligated to return the equipment to the Company on the Last Rental Day or upon demand if the Company demands the return of the equipment sooner. Renter’s failure to return the equipment to the Company for any reason, including if the equipment was lost or stolen may result in the Company charging the Renter’s credit card the full amount of the manufacturer’s suggested retail price for the equipment, in addition to any charges for the Rental Period. The Company also reserves the right to file a police report against Renter or any other party, and Renter hereby waives all claims against the Company for any consequences resulting from the Company making such a report.

b.               Condition of Rental Equipment upon Return:  Renter is obligated to return the Rental Equipment to the Company in the same condition, normal wear and tear from proper use excepted, as the Company rented it to the Renter.  If the Renter fails to do so, the Company may charge Renter’s credit card in a sum sufficient to fully restore the equipment to its condition at the start of the Rental Period.  The amount the Company charges for these repairs shall be in the Company’s sole discretion.  Such charges shall not, however, exceed the manufacturer’s suggested retail price for the damaged equipment.

1.11          Repossession of Rental Equipment.  The Company reserves the right to demand the return of the Rental Equipment or to repossess the Rental Equipment at any time and for any reason. This is particularly the case if the Rental Equipment is being used in a manner that violates the law, violates the terms of this Agreement, or if the Rental Equipment appears to be abandoned. Renter waives, to the extent permitted by law, any and all rights to prior notice and/or hearing prior to the repossession of the Rental Equipment by the Company or the Company’s employees or agents. In the event of repossession, the Company reserves the right to charge Renter’s credit card for the full Rental Period or for any period thereof.

article 2

COVENANTS OF RENTER

2.1             Age. The Renter is at least 18 years old and possesses the legal authority to enter into this Agreement.

2.2             Use of Rental Equipment.  Renter shall use the Rental Equipment solely for the purpose of playing golf and in compliance in all material respects with all laws, rules and regulations of every governmental authority having jurisdiction over the Rental Equipment or Renter.  Renter agrees not to transport or use the equipment outside of the United States of America.  Renter agrees not to abandon or relinquish possession of the Rental Equipment except to the Company or the Company’s agent.  Renter shall pay all costs, expenses, fees and charges incurred in connection with the use and operation of the Rental Equipment.

2.3             Return.  The Rental Equipment may be returned to the Company by one of two ways.

(a)             By drop-off at any FedEx staffed location.  These include all FedEx Kinko’s locations and FedEx shipping centers.

(b)             By scheduling a FedEx pickup at any non-residential address.

2.4             Risk of Loss; Damage or Casualty.  With respect to the Rental Equipment covered under this Rental Agreement, Renter shall bear the risk of such Rental Equipment being damaged, lost, stolen, destroyed, condemned, confiscated, seized or expropriated or otherwise becoming permanently unfit or unavailable for use from any cause whatsoever. Accordingly, Renter shall be obligated to return the Rental Equipment to the Company in the same condition, normal wear and tear from proper use excepted, as the Company rented it to the Renter.

2.5             Indemnity.  Renter hereby indemnifies, protects, defends and holds the Company and its successors and assigns, and their respective officers, directors, employees, representatives and agents harmless from and against any and all claims, liabilities (including negligence, tort and strict liabilities), demands, actions, suits, and proceedings, losses, costs, expenses and damages, including without limitation, reasonable attorneys’ fees and costs (collectively, “Claims”), arising out of, connected with, or resulting from this Agreement except for any damage caused by the intentional acts or gross negligence of the Company or its agents or employees.  Renter shall be responsible for the defense and resolution of such Claim at its expense and shall pay any amount for resolution and all costs and damages awarded against or incurred by the Company or any other person indemnified hereunder; provided, however, that any person indemnified hereunder shall have the right to participate in the defense of such Claim with counsel of its choice and at its expense and to reasonably approve any settlement of such Claim.  Renter shall keep the Company informed at all times as to the status of the Claim.  Each of the parties shall give the other prompt written notice of any Claim of which it becomes aware.

2.6             Representations.  Renter will be financially responsible for all rentals and purchases from the Company, as well as for the use of Renter’s name and credit card by members of Renter’s household. All information supplied by Renter or members of Renter’s household will be true and accurate.  Renter and any others for whom Renter may be renting or purchasing equipment from the Company are in sound medical condition. Renter or others for whom Renter may be renting or purchasing equipment from the Company understand that unique risks are involved in the game of golf and in using the equipment and Renter hereby assumes such risks.  Renter or others for whom Renter may be renting or purchasing the equipment possesses the skill, knowledge, and experience to use the Rental Equipment in a safe and proficient manner that does not cause harm to Renter or others, or damage to the Rental Equipment (ordinary wear and tear excepted).  Renter will comply with all laws, ordinances, and governmental rules and regulations, if any, relating to the use of the Rental Equipment. Renter will report to the Company immediately any material damage to or loss of the Rental Equipment.

2.7             No Assignment.  Renter will not sell, assign, sublease or transfer any of Renter’s interest in this Agreement or the Rental Equipment. Any such attempted sale, assignment, sublease or transfer is void and of no effect, and the Company shall have the right to immediately repossess the Rental Equipment and assess any applicable charges as specified in this Agreement. The Company may sell, transfer or assign its interest in this Agreement or the Rental Equipment without the consent of Renter.

article 3

WARRANTIES AND DISCLAIMERS

3.1             Warranties; Disclaimers.  The Company hereby warrants and covenants to Renter that Renter shall have the absolute and unconditional right of quiet enjoyment and peaceful possession of the Rental Equipment free from disturbance by the Company.  The Company further warrants and covenants to Renter that the Company has title to the Rental Equipment.  Except for (i) the warranties set forth above and (ii) any implied or express warranties made by the Company elsewhere herein, RENTER RENTS THE EQUIPMENT “AS IS” AND THE COMPANY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, OR OTHERWISE IN ANY RESPECT.  WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE TO RENTER FOR ANY LIABILITY, THIRD PARTY CLAIM, OR DAMAGE OF ANY KIND (INCLUDING STRICT LIABILITY IN TORT) CAUSED DIRECTLY OR INDIRECTLY BY THIS AGREEMENT, ANY LEASE OR THE SELECTION, MANUFACTURE, POSSESSION, OWNERSHIP, USE, CONDITION, OR RETURN OF ANY OF THE EQUIPMENT, EXCEPT FOR ANY DAMAGE CAUSED BY THE INTENTIONAL ACTS OR GROSS NEGLIGENCE OF THE COMPANY OR ITS AGENTS OR EMPLOYEES.

3.2             Limitation of Liability.  The total liability of the Company (including its suppliers) for all claims, whether in contract, tort (including negligence and product liability), or otherwise, arising out of, connected with, or resulting from the manufacture, rental, delivery, repair, replacement, or use of any item of Rental Equipment shall not exceed the prepaid rental payment of the pertinent Rental Equipment that gives rise to the claim.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, COST OF CAPITAL, CLAIMS FOR SERVICE INTERRUPTIONS, AND COSTS AND EXPENSES INCURRED IN CONNECTION WITH LABOR, OVERHEAD, TRANSPORTATION, INSTALLATION, OR REMOVAL OF EQUIPMENT OR SUBSTITUTE SUPPLY SOURCES. 

article 4

MISCELLANEOUS

4.1             Section Headings.  Section headings are inserted for convenience of reference only and shall not affect any construction or interpretation of this Agreement. 

4.2             Entire Agreement.  This Agreement constitutes the entire agreement between the Company and the Renter with respect to the renting of the Rental Equipment. 

4.3             Severability.  Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

4.4             Attorneys’ Fees.  Should either party institute any action or proceeding to enforce this Agreement the prevailing party shall be entitled to receive from the other party all reasonable out-of-pocket costs and expenses, including, without limitation, reasonable attorneys’ fees.

4.5             Governing Law and Jurisdiction.  This Agreement shall be governed in all respects by the laws of the state of Colorado.

4.6             Force Majeure.  The Company shall not be deemed to be in default of this Agreement if its performance is delayed or prevented by acts of God, public enemy, war, civil disorder, fire, flood, explosion, riot, labor disputes work stoppage or strike, any act or order of any governmental authority, or any other cause beyond the control of the Company.

4.7             Survival.  All obligations of Renter to make payments to the Company under any Agreement or Renter to indemnify the Company, pursuant to Section 2.6 above, with respect to an Agreement, and all rights of the Company hereunder with respect to an Agreement, shall survive the termination of such Agreement.

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