Last Updated: 02/07/2025

1. Venue and Governing Law
This Arbitration Agreement (“Agreement”) applies to all disputes, claims, and controversies arising from or related to the use of the Club Powersports website, services, products, rentals, or any breach thereof. All business transactions related to Club Powersports, including but not limited to the rental of equipment, are conducted within the County of Salt Lake, Utah, United States. Therefore, any disputes or claims between you, the customer, and Club Powersports shall be governed by the laws of the State of Utah, and all proceedings shall take place within the County of Salt Lake, Utah, regardless of your location or the location from which the services were used or provided.

2. Scope of Arbitration
Any dispute, controversy, or claim arising out of or relating to the use of this website, the services provided by Club Powersports, products, your rental, or any breach of this Agreement, which is initiated by any party other than Club Powersports or its management, shall be resolved exclusively through binding arbitration. This includes, but is not limited to, any disputes related to the rental agreement, damages, claims for breach of contract, or any other matter that arises in connection with your relationship with Club Powersports.

3. Arbitration Procedure
The arbitration will be administered by a recognized and independent arbitrator or arbitration organization, in accordance with the Utah Uniform Arbitration Act, and shall be conducted in a neutral and fair manner. The parties agree to submit their disputes to arbitration in the County of Salt Lake, Utah. The rules and procedures that apply will be those established under the Utah Uniform Arbitration Act, as well as any rules set by the arbitration organization or arbitrator overseeing the case. Each party agrees to abide by the decision rendered by the arbitrator(s), which will be final and binding.

4. Arbitration Costs and Fees
The costs associated with the arbitration, including the arbitrator’s fees, will generally be shared equally by both parties, unless otherwise determined by the arbitrator. However, each party will be responsible for their own attorney’s fees, expenses, and other costs associated with the arbitration, unless the arbitrator determines otherwise, as part of the final award.

5. Right to Seek Legal Remedies
Notwithstanding the requirement for arbitration, Club Powersports and its management reserve the right to seek resolution to any claims or disputes it may have with any other party by any legal means available, including but not limited to litigation. This includes, but is not limited to, the right to seek injunctive relief, as well as claims for breach of contract, intellectual property infringement, or other claims that may require prompt legal action to prevent harm or damages to Club Powersports or its interests.

6. Waiver of Jury Trial and Class Actions
By agreeing to arbitration, both parties expressly waive the right to a trial by jury. Furthermore, both parties agree that any disputes shall be resolved on an individual basis, and neither party shall have the right to bring, or participate in, any class action or collective action with respect to any claim arising under this Agreement. The arbitration process will be conducted on an individual basis and shall not be consolidated with other claims or disputes.

7. Enforceability of Award
The decision rendered by the arbitrator(s) shall be final and binding on all parties. Judgment upon the award may be entered into any court of competent jurisdiction. This Agreement and the arbitration provisions contained herein are intended to be enforceable and will be governed by applicable state and federal laws.

8. Exceptions to Arbitration
This Arbitration Agreement does not apply to claims that are within the exclusive jurisdiction of small claims court or any other claims that cannot be legally compelled to arbitration under applicable laws. If any portion of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the remainder of the Agreement will remain in full force and effect.

9. Modifications to this Agreement
Club Powersports reserves the right to amend, update, or modify the terms of this Arbitration Agreement at any time. Any such modifications will be posted on the Club Powersports website and will take effect immediately upon publication. Continued use of the website or services following such modifications will constitute your acceptance of the updated terms.

10. Acknowledgment and Agreement
By using the Club Powersports website, services, or products, or by entering into a rental agreement, you acknowledge that you have read, understand, and agree to the terms and conditions of this Arbitration Agreement. You further agree to submit any disputes or claims that arise from your use of the website, services, or rental agreements to arbitration, in accordance with the procedures outlined in this Agreement.

For any questions or further clarification regarding this Arbitration Agreement, please contact us directly at: