1. General; Rental Not Purchase
PLEASE READ THIS RENTAL AGREEMENT (“AGREEMENT”) CAREFULLY PRIOR TO CLICKING ON “COMPLETE MY RESERVATION”. BY COMPLETING YOUR RESERVATION, YOU ARE CONFIRMING YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT RENT ANY OF THE EQUIPMENT OR GEAR (COLLECTIVELY, THE “PRODUCT”) FROM DICK’S SPORTING GOODS, INC. (“DICK’S”, “Us”, “Our”, or “We”). By clicking the “Complete My Reservation” button, you (“You”, “Your” or “Their”) are agreeing to be bound by and are becoming a party to this Agreement, which incorporates the website terms & conditions of use (available at terms & conditions). If You do not agree to all the terms of this Agreement, You will not be permitted to rent Products from DICK’S.
Notice Regarding Dispute Resolution: This Agreement contain provisions that govern how claims You and DICK’S have against each other relating to the Product are resolved, including an obligation to arbitrate disputes, which will, subject to limited exceptions, require You to submit claims You have against Us to binding arbitration, unless You opt-out as provided below.
2. Our Responsibility to You:
Availability, Accuracy and Shipping (Contiguous United States Only)
All features, availability, and specifications of Product described or depicted are subject to change at any time without notice. The inclusion of any Products at a particular time does not imply or warrant that these Products will be available at any time. We attempt to ensure that information on the sites is complete, accurate and up-to-date; however, despite Our efforts, the information on the site may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the site. In the event of a pricing error or discrepancy on a site with respect to Products, We reserve the right to cancel any orders (or partial orders) for such Products.
Delivery to You: We will use reasonable efforts to deliver the Product You ordered, including the specified size and color, on or before the date for which You ordered them, however, We do not guarantee delivery on a date certain and reserve the right to provide You a substantially similar Product compared to the Product that You ordered. Our liability to You for failure to timely deliver the Product as ordered is limited to a refund of the order as determined by Us. All shipping orders must be placed a minimum of ten (10) days in advance of Your first rental day. Your order will be shipped via FedEx, and is intended to arrive by 8 pm on Your first rental day. We do not guarantee delivery.
The Product will be professionally cleaned and delivered ready to use. We clean and inspect each Product prior to delivery.
Return Packaging: With delivery of the Product, We will provide You with a prepaid, pre-addressed return label as well as instructions for Your use in returning the Product to DICK’S ("Return Packaging"). We are not liable or responsible for personal gear/items being sent back, nor do We guarantee reimbursement or refunds, and We are not responsible for damages or items lost in transit. If personal items are sent back to Our facility, they will be held for 15 days or less from Their rental order date. Contact 1-877-604-6411 or firstname.lastname@example.org regarding recovery of personal items.
3. Your Responsibility to Us; Payment of Rental Fee; Fees for Late Returns
Shipping (Contiguous United States Only)
DICK’S shall at all times retain ownership and title to the Product.
You are responsible for ensuring the Product can be accepted by an adult at delivery and can be received in a secure location. The order may arrive a few days earlier than the 1st rental date, as the exact shipment date cannot be guaranteed. You are responsible for any lost or stolen Product.
To return, place the return label on the outside of the box that Your Product arrived in and drop off at any FedEx location or dropbox no later than 11:59 pm on Your last rental day. We don't cover international shipping charges and return only once within the contiguous US.
You will be reminded via email (to the email address You provided when reserving the Product(s) to return the Product(s) the day before the last rental date. You will be emailed and charged $50 as well as the daily rate every day for late returns after the return of the Product is considered late until the date the Product(s) are returned, even if such charge would exceed the purchase price of the Product(s). We understand that many FedEx locations are not open for business on Sundays and holidays, so We would allow for a return postmarked for Monday or the day after a holiday (Thanksgiving, Christmas, Fourth of July, etc.) with no late return charge. For example, if the last day of Your rental is Sunday, You must return Your order to a FedEx location or dropbox by 11:59 p.m. on Monday.
Cancellation, Edit, and Refund Policy. We understand that sometimes Your plans change. If You need to cancel Your reservation or edit Your order, You can update Your order from Your account page or contact Our [Customer Experience Team] via phone or emailing email@example.com at least 10 days prior to Your scheduled delivery date. If a reservation is placed 10 days prior to Their ship date, it must be canceled within 24 hours of placing the order. No refunds are available for cancellations made less than 10 days prior to the delivery date. Please note that Your delivery date is the day before Your first rental day.
Damaged or Lost Equipment Charges.
You will not be charged for items damaged due to normal wear. Additional charges will apply for lost or broken items. However, You will be charged the full price of any Product that is not returned or returned with significant damage.
If You receive Product that is damaged prior to Your use or missing, You must contact DICK’S at 1-877-604-6411 or firstname.lastname@example.org immediately/on Your first rental day to avoid replacement charges. Failure to notify DICK’S as required herein of any damage upon delivery may result in fees. All Product in Your order must be returned in full together. In addition to late fees, You may be charged the full price of any Product that is not returned or is returned damaged.
Payment. DICK’S will charge Your card for the full cost of the rental order ten (10) days before the first rental date. You will receive an email with the order confirmation.
4. LIMITATIONS OF LIABILITY
In consideration of DICK’S agreeing to rent the Product(s), You explicitly consent and agree to this Limitation of Liability. Any other persons involved in the activities associated with the use of Product also consent to this Limitation of Liability. If at any time there is anything in this Limitation of Liability that You do not agree with, or cannot abide by for any reason, You must not use and You must cease any ongoing use of the Product(s).
You must be 18 years of age or older to rent the Product(s), and You hereby acknowledge that You meet this requirement.
You acknowledge that activities that require the use of Product(s) are inherently dangerous and pose risks of significant bodily harm or death, or of property damage. You acknowledge that DICK’S is not inducing You to participate in any particular activities or any activities at all. You acknowledge that DICK’S makes no representation that any activity that uses the Product(s) that DICK’S rents is safe or appropriate for Your particular situation.
You agree that You will inspect the Product(s) and read all instructions for all Product(s) prior to use, and You will also take any other reasonable steps to determine the proper and safe use of any Product(s).
You acknowledge that You will not use any Product(s) in an unsafe manner or in any way other than for its intended use.
In any case, You will use your own judgment to determine whether it is safe to use or fail to use any of the Product(s) in any particular way for any particular situation.
YOU EXPRESSLY ASSUME THE RISK OF ANY HARM THAT MAY ARISE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE USE OF PRODUCT(S), WHICH MAY INCLUDE BUT IS NOT LIMITED TO BODILY INJURY OR DEATH, THEFT, DAMAGE, DESTRUCTION OR OTHER LOSS WHATSOEVER OF REAL OR PERSONAL PROPERTY, PERSONAL BELONGINGS OR VALUABLES OF YOURS OR OTHERS.
YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS DICK’S INCLUDING ITS OFFICERS, AGENTS, EMPLOYEES, PERSONNEL, MANAGERS, DIRECTORS, INDEPENDENT CONTRACTORS, AFFILIATES, AND SUCCESSORS AND ASSIGNS AND ARRIVE OUTDOORS, INC. (COLLECTIVELY, THE “RELEASED PARTIES”) FOR OR FROM AND AGAINST ANY CLAIMS, LIABILITIES OR DEMANDS, INCLUDING COSTS SUCH AS ATTORNEYS FEES, RELATED TO ANY PROPERTY DAMAGE, HARM, INJURY OR LOSS, INCLUDING DEATH, WHICH YOU OR ANYONE ELSE MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF YOUR RENTAL AND/OR USE OF THE PRODUCT(S), YOUR FAILURE TO USE ANY OF THE PRODUCT(S), OR YOUR ALLOWING OR FAILING TO ALLOW OTHERS TO USE ANY OF THE PRODUCT(S). THIS INCLUDES BUT IS NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY.
Further, You agree to indemnify, defend and hold harmless the Released Parties from and against any claims, liabilities, or demands, including attorney’s fees, arising or resulting, directly or indirectly, from Your misrepresentations or fraudulent execution of this Agreement.
If applicable, You hereby agree to waive California civil code section 1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
OTHER THAN YOUR PAYMENT OBLIGATIONS OR UNLESS AS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY (OR WITH RESPECT TO DICK’S, THE LIABILITY OF ANY OF THE RELEASED PARTIES) TO THE OTHER FOR ANY TYPE OF DAMAGES IS LIMITED TO THE AMOUNT OF TOTAL FEES PAID OR PAYABLE FOR THE USE OF PRODUCT. DICK’S DISCLAIMS ALL LIABILITY FOR AND YOU HEREBY WAIVE ANY RIGHT TO COLLECT ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES.
Governing Law. This Agreement and all other agreements between the parties shall be construed under the laws of the Commonwealth of Pennsylvania.
Entire Agreement . This Agreement embodies the entire agreement and understanding between the parties on the subjects addressed herein and supersedes all prior discussions, agreements, or understandings between the parties, whether express or implied. Both parties agree that no promise or representation regarding the subjects addressed herein has been made by either party other than those expressly set forth herein. The Agreement is for rental service of gear, equipment, and/or supplies. DICK’S may modify or revise the terms of this Agreement upon notice to You; if you do not agree to such modification or revision you must immediately return the Product(s).
Non Waiver of Terms. No term or condition of this Agreement shall be deemed to have been waived, except in writing by the party charged with such waiver. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate for the future only as to the specific term or condition.
Force Majeure. Except as provided in this Agreement, neither party shall be liable for any failure to perform under their obligations to the other when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, epidemics, pandemics, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, strikes, and prolonged shortage of energy.
Severability. If, for any reason, any provision or partial provision of this Agreement is held invalid, such invalidity shall not affect the remainder of such provision or any other provision not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.
Headings. The headings of the sections of this Agreement are inserted for convenience of reference only and are not intended to be a part of, or to affect the meaning or interpretation of, these agreements.
Handling Disputes – MANDATORY ARBITRATION.
Initial Dispute Resolution. We are available by email at [Customer.Service@dickssportinggoods.com] to address any concerns You may have regarding Your rental. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to the rental of the Product, including compliance with this Agreement, which is not so resolved shall be submitted to binding confidential arbitration as provided herein.
Precedence and Time Period to Bring a Claim. This Agreement supersedes any other agreement between You and DICK'S to the extent necessary to resolve any inconsistency or ambiguity between them. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT(S) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If the parties don’t reach an agreed upon solution pursuant to the dispute-resolution contemplated in Section 5.g.i. of this Agreement, You and DICK’s each agree that any dispute, claim or controversy arising out of or relating to the Products, or this Agreement or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. We strive to offer a fundamentally-fair arbitration hearing process. For small claims (i.e., up to $10,000), in addition to Your right to bring small claims court actions as noted below, We believe this can often be satisfied when hearings are conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing. Notwithstanding DICK’S right to modify this Agreement, DICK’S agrees that DICK’S may not modify these arbitration provisions without notice to You and Your agreement to such changes. Further, any such modification to the dispute and/or arbitration requirements in Section shall not apply to claims arising prior to the date of such modification and any such changes shall not affect Your prior election to opt out of arbitration as provided below. In connection with these arbitration provisions, the parties agree as follows:
This arbitration agreement is reciprocally binding on all parties such that both You and We are required to arbitrate claims;
Remedies that would otherwise be available to the parties under applicable federal, state or local laws, including the recovery of attorney’s fees, remain available under this arbitration clause;
The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;
You have a right to an in-person hearing in Your hometown area within the United States;
You have the right to the use of counsel of Your choosing at Your own expense if You so elect, and to recover attorneys’ fees and expenses of arbitration to the extent provided by law;
The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with JAMS procedures; and
The arbitrator's award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
Arbitration Filing Fees. If You initiate the arbitration, to the extent the filing fee for the arbitration exceeds the lesser of $250 or the cost of filing a lawsuit, DICK’S will pay the additional cost. A request for payment of any such fees should be submitted to JAMS along with Your form for initiating the arbitration, and We will make arrangements to pay all necessary fees directly to JAMS. All other costs of the arbitration will be borne by Us including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will be responsible for Your own attorney fees and expenses unless the arbitration rules or applicable law permit You to recover Your attorney’s fees. We will not require You to reimburse Our fees and costs if You do not prevail. If We are the claiming party initiating an arbitration against You, We will pay all costs associated with the arbitration (other than Your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
Waiver of Certain Rights from Court. The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.
Class Action Waiver. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS
Exception - Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of Your decision to opt-out to the following address via certified mail: Dick's Sporting Goods, Inc., 345 Court Street, Coraopolis, PA 15108, Attention: Legal Department. The notice must be sent within thirty (30) days of Your first use of a Product after the effective date of this Agreement, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those Sections. If You opt-out of these arbitration provisions, DICK’S also will not be bound by them.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST DICK’S ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE THAT BY ENTERING INTO THIS AGREEMENT, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT DICK’S AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.
A printed version of this Agreement shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.