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  • Consumer Agreement

  • My Athlete LLC - MyAthlete™ Athlete Tracking System Lease Agreement

    This Lease Agreement (the Agreement), is made and entered on the date the order is placed online and between the Lessor, My Athlete LLC (MA), A Delaware Limited Liability Company located at 31 Flat Rock Road, Easton, CT 06612, and the Lessee, the person or organization executing the lease online, collectively referred to as The Parties.

    1 – EQUIPMENT AND SERVICE: MA hereby leases to Lessee the Equipment, it being the tracking unit, race belt, battery and battery charger and a pre-addressed/pre-paid FedEx return bag, and provides a Service, it being access to Lessee’s tracking data during athletic performance, on the MA web site for Lessee and Lessee’s spectators to view during the term of this lease.

    2 – SERVICE AREA: It is expressly understood that the leased Equipment is to be used in the United States only and MA will provide access to tracking data of the athlete performing in USA only. Access to viewing of tracking data is not limited, and open to spectators worldwide. The Lessee will not divert, export or re-export the Equipment to any country outside the USA, or use it outside the USA before returning it.

    3 – LEASE TERM: The lease will start on the Friday before the athletic event, and will end on the Monday immediately following the athletic event. The Lessee understands that this lease is per-event only and event specific, such specificity determining the cost of the lease. This Equipment is being leased for event and the dated entered online. In events where the Lessee leases the Equipment at a sports expo attended by MA, the Lessee shall be entitled to earlier use and possession following the execution of the Agreement.

    4 – SHIP DESTINATION: Upon acceptance of this Agreement, the Lessee desires the Equipment to be shipped to the address they entered online.

    5 – LEASE PAYMENT: Lessee agrees to pay MA in advance, as rent for the Equipment and Service, the amount designated online and including the cost of shipping the equipment and any applicable state sales tax.

    6 – LATE CHARGE: If the total Equipment is not returned to MA in a timely manner as defined in the Delivery and Return instructions, Item 7, below, Lessee confirms their understanding and agreement to being charged a Late Charge of $50 plus state sales tax if applicable, for each week that the total Equipment is not returned after the end of the Lease Term, this being a separate charge from the Lease Payment. In the event the total Equipment is not returned or returned very late, the Late Charge will not exceed the amount of $350 plus state sales tax, this being the purchase price of the total Equipment.

    7 – SECURITY DEPOSIT: The Lessee agrees to permit MA to charge a Security Deposit in the amount of $350.00 plus applicable state sales tax, to the Lessee’s credit card. In the event the total Equipment is not returned in a timely manner at the end of the Lease Term per the Delivery and Return instructions below, a commensurate Late Charge will be deducted from the Security Deposit. Additionally, if the total Equipment is returned damaged beyond ordinary wear and tear during use, MA reserves the right to deduct the cost of returning the unit to rentable condition.

    8 – DELIVERY AND RETURN: MA agrees to ship the total Equipment to Lessee in such fashion that it is delivered to the address provided in Item 3, no later than Friday immediately preceding the event the Equipment is rented for. In the event delivery is not achieved by MA by Friday preceding the event defined above, the Lessee’s Lease Payment fee, shipping and taxes will be waived, providing that the Lessee returns the total Equipment in a timely manner defined below. Such timely or late delivery will be determined by FedEx records for the tracking number of the shipment containing the Equipment.

    In events where the Equipment is being shipped to a hotel or organization designated by the Lessee, delivery shall be considered on-time, complying with MA requirements in Item 7 above, when the shipment is accepted and signed for by the hotel or organization staff in agreement with their standard operating procedure for receipt of parcels by FedEx.

    Lessee agrees to return the total Equipment in pre-addressed/pre-paid FedEx return bag provided to Lessee with the total Equipment. The Lessee understands and agrees to drop off the specific FedEx return bag with Equipment to a FedEx or FedEx/Kinko’s parcel processing location or a FedEx parcel collection box, on the first Monday following the specific event that the equipment was leased for. Such FedEx or FedEx/Kinko’s location is to be on USA territories only or additional shipping charges will be assessed.

    9 – POSSESSION AND SURRENDER OF EQUIPMENT: The Lessee shall be entitled to the possession of the total Equipment no later than the Friday before the athletic event the Equipment was leased for. In events where the Lessee leases the Equipment at a sports expo attended by MA, the Lessee shall be entitled to earlier use and possession following the execution of the Agreement. The Lessee must return the total Equipment in good condition, ordinary wear and tear excepted.

    10 – OWNERSHIP: The total Equipment is and shall remain the exclusive property of MA. Lessee shall not remove, obliterate or obscure markings which identify MA as the owner of the Equipment.

    11 – USE OF EQUIPMENT: The equipment being leased is designed solely for entertainment purposes and the voluntary use by athletes in outdoor environments, in helping their supporters track and locate them during non-motorized athletic performance in training and competition, and provides other features to athletes related to their athletic performance including, but not limited to, tracked history. MA expressly rejects the unit’s use for involuntary tracking of individuals and any use related to safety or recovery of lost individuals. While the tracking unit of the Equipment is water tight and will withstand rain, the tracking unit is NOT WATER PROOF, and is not designed to swim with.

    12- WARRANTY: MA warrants that each item of the Equipment shipped or provided will be suitable for normal operation use at the time of delivery.

    13 - SERVICE AVAILABILITY: MA will make every effort to maintain 100% service availability. However, given the complex nature of this integrated Service: GPS, cellular communication, leased computer applications and web site hosting technology, a disruption for any reason in any one of the components will prevent our system from delivering continuous live tracking results.

    14 - LIMITATIONS OF LIABILITY: MA makes no warranties or representation that it will provide uninterrupted service to athletes and their spectators. Furthermore, MA shall have no liabilities or credit due for interrupted service unless caused by any wanton acts of MA. MA makes no warranties with respect to service or equipment of any kind whatsoever, expressed or implied, except as specifically provided in this agreement. The implied warranties of merchantability and fitness for any particular purpose other than those described above are hereby disclaimed and excluded. Any liability of MA for damages arising directly or indirectly from the performance of the agreement shall be expressly limited to the lease price of the MA system.

    15 - GOVERNING LAW: This Agreement and The Parties to it are governed by the law of the State of Delaware.