KICKR RENTAL TERMS
By paying your KICKR Rental Invoice and/or the Deposit (defined below), if any, you (referred to herein as “Athlete”) hereby agree to the KICKR Rental Terms (these “Terms”) with Balanced Art Multisport, LLC, a Utah limited liability company (“BAM”), effective as of the date of such acceptance (the “Effective Date”).
1. General Terms.
BAM agrees to lease to Athlete, and Athlete agrees to lease from BAM, the Wahoo Fitness® KICKR shown below and described on the rental confirmation page (the “KICKR”).
The term of the Lease shall begin on the Effective Date and shall continue for a period of six (6) months (the “Term”).
Athlete shall pay to BAM a deposit for the KICKR (the “Deposit”) in an amount of
(i) $150 if Athlete is located in the State of Utah; provided, however, no Deposit is required if Athlete resides in Salt Lake County, Utah County, Davis County, or Summit County in the State of Utah; or
(ii) $350 if Athlete is located outside the State of Utah.
Following the end of the Term, if Athlete has complied with all other terms and conditions of this Agreement, the full amount of the Deposit paid, if any, shall be refunded to Athlete by BAM within thirty (30) days of the end of the Term.
In consideration for BAM renting the KICKR to Athlete as set forth herein, Athlete shall pay to BAM a one-time rental payment in advance equal to $300 (the “Rental Payment”). Athlete shall pay the Rental Payment to BAM on or before the date that the KICKR is provided or otherwise made available to Athlete.
5. Options to Purchase.
At any point during the term or at the conclusion of the Term, Athlete shall have the option to purchase the KICKR for a purchase price of $799 (the “Discount Purchase Price”). Athlete may exercise this option by providing written notice to BAM within ten (10) days following the expiration of the Term. In the event Athlete expressly exercises the option to purchase the KICKR, Athlete will be charged the Discount Purchase Price less the Deposit paid, if any. In the event that Athlete does not exercise the option described in the preceding sentence and fails to return the KICKR within ten (10) days following the expiration of the Term, Athlete will be deemed to have purchased the KICKR for the retail price of $1,199 (the “Retail Purchase Price”) and BAM shall be authorized to retain the Deposit paid, if any, and to charge Athlete for the remaining portion of the Retail Purchase Price.
BAM shall arrange for the outgoing shipment of the KICKR leased by Athlete, and Athlete shall pay to BAM an upfront flat shipping fee of $50 to ship the KICKR anywhere within the Continental United States, regardless of location (the “Outgoing Shipping Fee”). Prior to release of the KICKR for shipment, Athlete shall provide BAM with the accurate shipping address and contact information. If Athlete chooses to personally obtain and transport the KICKR from BAM’s Utah location, Athlete shall not be required to pay the Outgoing Shipping Fee. In the event Athlete does not exercise the option to purchase the KICKR or otherwise has not been deemed to have purchased the KICKR, Athlete shall bear all costs at the end of the Term associated with return shipping and insurance of the KICKR to BAM’s Utah location, unless otherwise specifically agreed in writing. Title and ownership of KICKR shall remain with BAM unless and until Athlete purchases the KICKR as set forth in Section 5. All shipping dates provided by BAM are approximate and not guaranteed.
Athlete shall at its own expense, keep the KICKR in good repair, condition, and working order. At the end of the Term and provided that Athlete has not exercised, or been deemed to have exercised its option to purchase the KICKR, Athlete shall promptly return the KICKR to BAM in good order and condition.
8. Risk of Loss.
As between BAM and Athlete, Athlete shall bear the entire risk of loss, theft, destruction, or damage to the KICKR from any cause whatsoever (collectively, “Loss”). Athlete shall advise BAM in writing within ten (10) days of any such Loss. Upon the occurrence of such Loss BAM shall be authorized to retain the Deposit and to charge Athlete’s credit card, provided at checkout, for the remaining portion of the Retail Purchase Price.
9. BAM Disclaimers; Limitation of Remedies.
IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT
(A) BAM SHALL NOT BE LIABLE FOR ANY FAILURE OF THE KICKR OR ANY DELAY IN ITS DELIVERY;
(B) BAM IS NOT A MANUFACTURER OF THE KICKR; AND
(C) BAM HAS NOT MADE AND DOES NOT NOW MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS, OPERATION, OR CONDITION OF THE KICKR.
IT IS FURTHER AGREED THAT BAM SHALL HAVE NO LIABILITY TO ATHLETE, OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR CONCERNING THE KICKR, OR FOR ANY DAMAGES BASED ON STRICT OR ABSOLUTE TORT LIABILITY; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL DEPRIVE ATHLETE OF ANY RIGHTS IT MAY HAVE AGAINST ANY PERSON OTHER THAN BAM. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH BY BAM HEREUNDER SHALL BE LIMITED TO A REFUND OF THE RENTAL PAYMENTS MADE HEREUNDER. IN NO EVENT SHALL BAM BE LIABLE TO ATHLETE FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
This Agreement shall be binding on the parties hereto, their successors, legal representatives, and assigns. All notices, requests, demands and other communications called for hereunder (other than payments hereunder, which shall be deemed made as of the date of receipt by BAM) shall be in writing and shall be deemed given one business day following receipt of electronic transmission at the email address set forth on the Athlete information page hereto. The Lease under this Agreement shall be governed by the laws of the State of Utah. If any provision of this Agreement shall be prohibited by or invalid under law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, and the remaining provisions and terms of this Agreement shall continue in full force and effect. BAM and Athlete consent to the jurisdiction of any local, state, or federal court located within the State of Utah, and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court. Moreover, each of BAM and Athlete agree not to bring an action in any court of law other than in the State of Utah. This Agreement executed by both BAM and Athlete constitutes the entire agreement between BAM and Athlete relating to the leasing of the KICKR, and supersedes all prior agreements relating thereto, whether written or oral, and may not be amended or modified except in a writing signed by the parties hereto.
11. Athlete’s Acceptance of this Agreement.
By paying your KICKR Rental Invoice, you thereby acknowledge that you have carefully read the terms and conditions set forth in this Agreement and that, by making the payment, you consent to, and agree to be bound by, the terms and conditions set forth herein.