CLUB POWERSPORTS RENTAL TERMS OF SERVICE AGREEMENT

Last Updated: 02/07/2025

This Rental Terms of Service Agreement (the “Agreement”) is entered into by and between Club Powersports, its affiliated rental shops (“Club Partners”), and the individual renting powersports equipment (“Club Member”). By creating an account with Club Powersports and/or completing a rental transaction through our platform, the Club Member acknowledges, agrees to, and accepts the terms outlined in this Agreement.

1. ACCEPTANCE OF TERMS

By registering for a Club Powersports account or completing a rental transaction through our platform, you confirm that you have read, understood, and agreed to be bound by the terms of this Agreement. This Agreement governs all rental transactions between Club Members and Club Partners through the Club Powersports platform.

2. PARTIES TO THE AGREEMENT

  • Club Powersports: Serves as a facilitator for rental transactions between Club Members and Club Partners.
  • Club Partners: Rental shops providing the powersports equipment available for rent.
  • Club Members: Individuals renting and using the powersports equipment.

3. RENTAL TERMS

  • The Club Member agrees to rent the specified powersports equipment from a Club Partner for the agreed rental period.
  • The Club Member must comply with all applicable local, state, and federal laws while operating the equipment.
  • The Club Member assumes full responsibility for any fines, penalties, or legal consequences arising from the use of the equipment during the rental period.
  • Club Powersports is solely a facilitator for rental transactions and does not own, maintain, or inspect the rental equipment. All rentals are subject to the individual terms and conditions of the Club Partner.

4. CLUB POWERSPORTS DAMAGE POLICY

Damage Security Deposit

  • A damage security deposit, as determined by the Club Partner, is required for all rentals.
  • The deposit must be paid prior to taking possession of the equipment.

Liability Waiver

  • A signed liability waiver is required before renting.
  • Each driver must read, understand, and sign their own liability waiver to accept responsibility for the equipment.

Damages and Late Returns

  • If the equipment is returned late or damaged, repair costs will be deducted from the security deposit.
  • If the damages exceed the deposit, the Club Member will be invoiced for the remaining balance.
  • All damage costs, including parts and labor, will be determined by the Club Partner.
  • If the Club Member disputes the damage assessment, a review may be requested from Club Powersports for a fee of $100.
  • In the event of stolen or irreparably damaged equipment, the Club Member will be liable for the full replacement value.
  • The Club Member is responsible for promptly reporting any damages, malfunctions, or mechanical failures.

5. CLUB POWERSPORTS CANCELLATION & RESCHEDULING POLICY

Cancellation Policy

  • Day of Reservation or Day Before: No refund.
  • 2 Days Before: 80% cancellation fee (20% refund).
  • 3-6 Days Before: 40% cancellation fee (60% refund).
  • 1-4 Weeks Before: 20% cancellation fee (80% refund).
  • 1-3 Months Before: 10% cancellation fee (90% refund).
  • More than 3 Months Before: 5% cancellation fee (95% refund).

Rescheduling Policy

  • Free Rescheduling: Allowed up to 2 days before the reservation date.
  • Rescheduling Within 48 Hours: A 15% rescheduling fee applies.

Important Notes:

  • Rescheduling is not the same as cancellation.
  • To reschedule, the Club Member must contact Club Powersports at least 2 days before the reservation date.
  • If rescheduling within 48 hours, a 15% fee will be added to the total reservation cost.
  • All fees are in USD and may be subject to applicable taxes.
  • Refunds are subject to transaction fees.

For further assistance, contact us at (385) 832-8967 or info@clubpowersports.com.

6. CLUB MEMBER RESPONSIBILITIES

  • The Club Member must return the equipment in the same condition it was received.
  • The Club Member must immediately report any damages, malfunctions, or accidents.
  • The Club Member is responsible for any lost, stolen, or severely damaged equipment.
  • The Club Member must have a valid driver’s license for applicable rentals.
  • The Club Member must refuel the equipment before returning it.

7. CLUB PARTNER RESPONSIBILITIES

  • The Club Partner must provide well-maintained and operational equipment.
  • The Club Partner must ensure all necessary safety measures are in place before releasing the equipment.
  • The Club Partner is responsible for fair and transparent assessment of any damages.
  • The Club Partner reserves the right to refuse service to any Club Member deemed a safety risk or who poses a threat to the integrity of the equipment.

8. LIABILITY AND INDEMNIFICATION

  • Club Powersports is not responsible for any injuries, damages, or losses incurred during the rental period.
  • The Club Member agrees to indemnify and hold Club Powersports, its affiliates, and its employees harmless from any claims, damages, or expenses arising from the use of the rented equipment.
  • The Club Member assumes all risks associated with the operation of the equipment, including accidents, injuries, or fatalities.
  • Club Powersports is not responsible for any lost or stolen personal items during the rental period.

9. INSURANCE REQUIREMENTS

  • The Club Member is responsible for ensuring their personal insurance coverage is sufficient for the rental.
  • Club Partners may offer additional rental insurance options, which are recommended for full protection.
  • If no insurance is purchased, the Club Member is fully liable for all damages, losses, or legal claims arising from the rental.
  • In the event of an accident, the Club Member must file a police report and notify the Club Partner immediately.

10. DISPUTE RESOLUTION

  • Any disputes between a Club Member and a Club Partner should first be resolved directly between the parties involved.
  • If unresolved, Club Powersports may mediate but is not financially responsible for the dispute.
  • Any disputes related to this Agreement will be settled through binding arbitration in the state where Club Powersports is registered.
  • The Club Member agrees to waive any right to participate in class-action lawsuits against Club Powersports.

11. TERMINATION

  • Club Powersports reserves the right to terminate the rental agreement without refund if the Club Member violates any terms or operates the equipment recklessly.
  • Club Partners may refuse future rentals to any Club Member with a history of damage, late returns, or misconduct.
  • Violation of this Agreement may result in legal action.