GrowinGolf.com (“we,” “our,” or “GG”) hereby agrees rent golf clubs or other golfing equipment to you in accordance with these Rental Guidelines.
Rental Equipment/ Damage – Your Responsibility
You hereby understand that while the golf equipment is in your possession, YOU ARE SOLELY RESPONSIBLE FOR THE EQUIPMENT RENTED TO YOU. You are to use the golf equipment for its intended recreational use only and not for any other reason. You shall not remove, alter, disfigure or cover up any numbering, lettering, bar code or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless, unusually or needlessly rough usage. You must return the equipment to us in the same condition as delivered, ordinary wear and tear resulting from proper use thereof alone expected. YOU AGREE TO NOT USE ANY OF THESE CLUBS TO HIT OUT OF NON-PLAYING AREAS OR TERRAIN.
Payment
The rental of our golf equipment requires you to supply us with complete, accurate and current credit card information for a valid credit card for which you are the authorized user. The applicable rental fees will be charged to your credit card on the date your rental is initiated. We reserve the right to determine whether your credit card is pre-authorized to accept a minimum charge equal to the current retail value of the product in case you fail to return or you damage a product.
Rental Period
The Rental Period is defined as that period of time, which is preset in our system by product, for which you have reserved to rent golf equipment from us. The Rental Period shall commence in the morning on the day of your rental and shall terminate in the evening on the day your reservation is complete, at which time it shall terminate in the evening on the final day of your Rental Period).
Damage to Clubs
The customer renting golf clubs from GG agrees to pay for any damage to the clubs they are renting that is not considered normal wear and tear. Normal wear and tear to the clubs includes (but is not exclusive to) scratches on the bottom of the club head, tee marks on the club head, and grip wear. Clubs will be inspected by a GG representative prior to the rental pick-up. The customer is advised to inspect the clubs and mention any discrepancies to the GG representative before taking the clubs, so customers are not charged for loss or damage they have not incurred. Upon return of the clubs the customer is responsible for reporting any loss or damage to the clubs. Failure to report loss or damage to the clubs will result in the customer’s credit card being charged an amount equivalent to the replacement or pre-rental condition repair cost. The amount charged to the customer’s credit card will be at the discretion of GG, however, GG will advise the charge with the customer prior to their credit card being charged and the customer will not be charged for damages due to factory defects. All clubs suspected of having factory defects will be inspected by GG personnel prior to any charges assessed to customer.
Late, Lost or Stolen Clubs
All rental clubs are to be returned by the date and time of the reservation confirmation statement and rental agreement. If clubs are not returned by the deadline on the rental agreement the customer will be charged one day’s rental for each day they are late up to a maximum of two days. The customer must contact GG to inform of any late returns over 24 hours past the return deadline. If the customer has not contacted GG within 48 hours past the rental return deadline and GG has not been able to contact the customer within this time, the customer will be charged the full replacement cost of the rental clubs. If a customer has reported clubs lost, stolen or lost due to fire the customer will be responsible for payment to GG for the full replacement value of the clubs. If lost or stolen clubs are returned to GG within two weeks of the reported loss the customer will be refunded the money charged to them by GG minus any charges for damaged or lost clubs if applicable.
Waiver of Liability, Assumption of Risk, Indemnity Agreement
I, agree that in consideration of being permitted to use GrowinGolf.com (“Owner”) golf clubs & other golf equipment (“Clubs”) at any time during the current golf season and do hereby release, waive, discharge, and covenant not to sue Owner, its members, employees, and agents from liability from any and all claims, including the negligence of Owner, resulting in personal injury, accidents or illnesses, including death, and property loss arising from use of any golf rentals
Assumption of Risks: Use and control of golf equipment carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, from one location to another, from one individual to another. I understand and agree that it is my responsibility to assess the hazards presented by my use of said Clubs and further agree that I am the ultimate judge as to whether I can use the Clubs without risk of harm to myself and others.
Indemnification and Hold Harmless: I also agree to defend, indemnify, and hold harmless the Owner, its members, employees, and agents from and against any and all claims, demands, actions, or causes of actions for costs, attorney’s fees, expenses, or damages to personal property, or personal injury, or death, which may result from any use of the Clubs.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risk is intended to be as broad and inclusive as is permitted by the law of the State of Colorado and that is any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Users: I understand and agree that only users that sign this agreement shall be allowed to use the Clubs.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue the Owner, its members, employees, and agents. I also understand that this agreement binds by heirs, executors, personal representatives, attorneys-of-law, attorneys-in-fact, administrators and assigns, as well as myself. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby assert that my use of said Clubs is voluntary and that I knowingly assume all such risks incident to using said Clubs. Furthermore, I represent that I am familiar with operation and use of such Clubs, that I have read the rules and regulations contained herein, and that I am capable of operating in accordance with said rules and regulations
***By renting from GrowinGolf.com you are providing your consent to the Waiver of Liability, and to abide by the Rules and Regulations as defined above.***