This BAT GPS tracker device rental agreement is made between BEACON ATHLETE TRACKING INC. and any person, company or entity that places its rental order (“Renter” of equipment) with BEACON ATHLETE TRACKING (“Owner” of equipment).
PLEASE READ THIS RENTAL CONTRACT CAREFULLY, AND CLICK “ACCEPT” IF YOU AGREE TO ALL THE TERMS. IF YOU DO NOT AGREE OR ACCEPT ANY OF THE TERMS OF THIS AGREEMENT, PLEASE DISCONTINUE USE OF BAT GPS TRACKER DEVICE AND DO NOT CLICK “ACCEPT”.
Owner agrees to rent to Renter the agreed upon number of BAT GPS tracker device (“Equipment”).
The equipment is available for rent at the rates and rental durations detailed in Renter’s order confirmation and invoice.
Renter agrees to pay to Owner the total rental fee upon submitting the order under this agreement.
Should the Equipment be returned later than the agreed end time of this rental agreement, Owner shall have the right to apply a late fee penalty. Renter will be charged a flat fee of $25 per day for each day or partial day beyond the end of the rental period until the Equipment is returned.
Owner will deliver the Equipment to Renter at the Meeting Date and Time, and Rental Location indicated in Renter’s order confirmation and invoice. The Rental Location will generally serve as both the delivery and return location for all Equipment rented. In the case that the Renter opts for delivery by mail (additional fees will apply), the delivery address will be included in that Renter’s order confirmation and invoice.
Renter agrees to meet Owner at the Meeting Location on time.
In the event that either or both Owner and Renter are unable to meet for delivery and receipt of the Equipment, both parties shall reschedule a new meeting date and time, and Rental Location as applicable. In the event Renter is delayed for any reason, he/she expressly accepts the Rental Period as having begun at 9am on the Meeting Date regardless of any late receipt of equipment. In the event Owner is delayed for any reason, he/she expressly agrees to the extension of the Rental Period the amount of time of the delay.
Renter acknowledges receiving the Equipment in good condition, with any damage noted at the time of delivery and receipt by Renter.
Renter will return the Equipment to Owner in the same condition the Equipment was received, excepting normal wear and tear. If the Equipment is damaged while in Renter's possession, Renter will be responsible for the cost of repair, up to the current value of the Equipment. If the Equipment is lost while in Renter's possession, Renter will pay Owner its current market value, which Owner and Renter agree to be $100.00 per BAT GPS device.
All Equipment and any additional accessories shall remain the sole and exclusive property of Owner. Renter or any third person, company or entity shall have no right, title, or interest to such property except as expressly set forth in this agreement or other express written agreement.
Renter acknowledges that normal use of the Equipment has inherent risks of personal injury to Renter and third parties, as well as risks of damage to property, and Renter expressly assumes such risks at his/her own expense. Renter therefore agrees to use the Equipment safely and only in the manner for which it is intended to be used. Owner is not responsible for any personal injury or property damage resulting from Renter's misuse, unsafe use, or reckless use of the Equipment.
By renting our Equipment, you agree to only use the Equipment only for lawful purposes. Should you decide to use the Equipment in such a way that is in any way legally questionable, you undertake full responsibility and liability to follow state and federal laws applicable in the areas where the Equipment will be used.
Owner assumes no liability and is not responsible for any breach or claim, liability or negligence based on the use of this product, or of any defect in the hardware and/or software. Owner makes no warranty that failure of the hardware (Equipment) or the online monitoring service will not occur. Renter agrees and understands that the Equipment is provided on an AS-IS basis, and that Owner disclaims any and all warranties, express or implied, including but not limited to implied warranties of service, usability, or fitness for a particular purpose. Notwithstanding the foregoing, in no instance shall Owner’s liability exceed the amount of the cost of the equipment or $500, whichever is greater. In the unlikely event that the Equipment you receive is unsatisfactory, please notify us as soon as possible so we can take steps to resolve your concerns and replace the Equipment.
Renter will hold harmless, indemnify and defend Owner from and against any third party claims of injury, including bodily injury, or damage (including reasonable attorney’s fees) arising out of Renter's, or any third party’s misuse, unsafe use, reckless or unlawful use of the Equipment.
All notices must be in writing, and may be sent by email or via certified mail to:
Beacon Athlete Tracking Inc.
1617 Boylston Ave,
Seattle, WA 98122
This Rental Contract will be governed by and construed in accordance with the laws of the state of Delaware. You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from this Agreement:
a dispute between you and Beacon Athlete Tracking Inc., you will attempt to informally negotiate a potential settlement or resolution to the dispute.
In the event that informal negotiations are unsuccessful, you agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
if for any reason online arbitration is unsuccessful or unavailable, you agree to submit to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association, conducted in the State of Washington or such other location mutually agreed to by Beacon Athlete Tracking Inc. and you, provided that the foregoing shall not prevent Beacon Athlete Tracking Inc. from seeking injunctive relief in a court of competent jurisdiction.
This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, except any agreed upon waivers and/or modifications to this agreement, as well as any prior writings.
If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.