Terms and Conditions

OVERVIEW

This website is operated by Pitch King under FreeCo LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Pitch King. Pitch King offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms and Conditions, including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree, you may not access the site or use any services. Any new features or tools added to the store are also subject to these Terms. Pitch King reserves the right to update or modify these Terms at any time by posting changes on this page. Your continued use of the site following any posted changes constitutes acceptance of those changes.

LEASE

By clicking on the “I agree, submit this order” button, Lessee agrees to be bound by this Rental Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By clicking on the “I agree, submit this order” button, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE,

This Rental Lease Agreement (this “Agreement”) between FreeCo LLC DBA Pitch King (the “Lessor”) hereinafter referred to as “Pitch King,” and Renter (the “Lessee”), and states the agreement of the parties as follows:

Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.

DISCLAIMER

Every effort is made to assure descriptions and prices are correct. Pitch King reserves the right to correct errors as needed. All prices and availability are subject to change without notice. Certain products or services offered by Pitch King may be available exclusively online through the Pitch King website. Such products or services may have limited quantities and shall be subject to return or exchange only in accordance with Pitch King’s posted Return Policy.
Pitch King has made every reasonable effort to display, as accurately as possible, the colors and images of its products; however, Pitch King does not guarantee that any device or monitor used by the Customer will accurately display such colors.
Pitch King reserves the right, but is not obligated, to limit the sale of its products or services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. Pitch King further reserves the right to limit the quantities of any products or services offered, and all descriptions of products or product pricing are subject to change at any time without notice, at Pitch King’s sole discretion. Pitch King also reserves the right to discontinue any product at any time. Any offer for any product or service made on the website is void where prohibited by law.
Pitch King does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet the Customer’s expectations, or that any errors in the website or service will be corrected.

CANCELLATION BY PITCH KING

Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.

RENTAL CANCELLATION BY LESSEE

Lessee may cancel an order at any time, for any reason until the Lessor transfers possession of the Equipment to the Lessee. Cancellations made with less than twenty-four (24) hours’ notice prior to the scheduled pickup time are subject to a cancellation fee of 50% of the 1-day rate of the equipment listed on the order form.

PAYMENT TERMS

Full payment is due at the time of purchase or prior to equipment pickup, or, in the case of a rental extension, at the time the extension is approved. The Lessee is responsible for payment of all rental charges for the entire Rental Period, as defined in this agreement, regardless of actual equipment usage.

PURCHASE CREDIT AFTER RENTAL

In the event Lessee rents equipment from Pitch King and, within ten (10) calendar days following the conclusion of the rental period, elects to purchase the same or substantially similar equipment from Pitch King, Lessee shall be entitled to a credit toward the listed purchase price of such equipment in an amount equal to one (1) daily rental rate paid for the rented equipment, excluding any taxes, add-ons, or accessories. Said credit is non-transferable, shall apply solely to a single purchase transaction, and shall not be combined with any other promotion, discount, or offer unless expressly agreed to in writing by Pitch King.

RENTAL PEIROD AND CHARGES

Rental charges will be computed from the Effective Date of this Rental Agreement until the equipment is returned to Lessor. Rental rates are based on a minimum period of one (1) day (24 hours) and are also defined for one (1) week (7 days). Rental periods shall not exceed thirty (30) days. Rentals exceeding thirty (30) days require a new and separate rental contract.

Should the Customer desire to extend the rental term beyond the original reservation period, approval from Lessor must be obtained prior to the expiration of the then-current rental term. Failure to obtain such approval will constitute a breach of this agreement.

Lessor reserves the right, at its sole discretion, to request the return of the equipment for inspection at any time during the rental period, with reasonable notice provided to the Customer. Failure to promptly return the equipment for inspection upon request shall be deemed a material breach of this agreement.

SECURITY DEPOSIT

In addition to the rental charges specified herein, Lessee may be required to provide a security deposit at the time of execution of this Contract. The amount of the security deposit, if required, shall be determined by Lessor based on the length of the rental period and/or the type of equipment rented. Any portion of the security deposit that is refundable to Lessee under the terms of this Contract shall be returned within ten (10) days following the termination of this Contract. However, Lessor reserves the right to apply the security deposit, in whole or in part, towards any outstanding rental charges owed by Lessee and/or any damages to the equipment incurred during the rental period. The security deposit shall not accrue or bear interest.

LATE RETURNS

Late returns, more than one (1) hour after the scheduled return time, are subject to be penalized a maximum daily penalty equivalent to the 1-day rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor.

In the event the rental is not returned seven (7) days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment.

If Lessor is unable to collect penalties or the replacement value of the equipment after seven (7) days, the Lessee shall be considered to be in Default. Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.

OWNERSHIP AND STATUS OF EQUIPMENT

The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment.

CARE AND OPERATION OF EQUIPMENT

Lessee shall keep the Equipment in good working condition. Lessee shall not materially modify or alter the Equipment. The Lessee shall use and operate the rented equipment in a careful and proper manner, in accordance with the manufacturer’s instructions and any guidelines provided by Lessor. The Lessee is solely responsible for ensuring that the use and operation of the equipment complies with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to any registration, licensing, or permitting requirements related to the possession, use, or maintenance of the equipment.

ASSET TRACKING

The rented equipment may contain and may be equipped with multiple Global Positioning Systems (GPS) and/or Apple Air Tag Tracking Devices. The GPS may capture speed, direction of movement, distance, and routes travelled in relation to the equipment. Lessee acknowledges and expressly accepts that the equipment will be monitored during the Rental Term by these devices and the data made available to the Lessor.

CONDITION, DAMAGE, OR LOSS

Lessee assumes full responsibility for any and all damage to the rented equipment that occurs during the Rental Period, commencing upon receipt of the equipment and continuing until its return to Lessor. Lessee is responsible for inspecting the equipment upon receipt and notifying Lessor immediately of any existing defects or damage. Failure to provide such notification within 1 hour constitutes acceptance of the equipment in its “as-is” condition at the start of the rental period. Lessee is further responsible for promptly notifying Lessor of any damage sustained by the equipment during the Rental Period.

Lessee is liable for all costs associated with repairing or replacing damaged equipment, including but not limited to the cost of parts, labor, and service. Damage to the rented equipment does not relieve Lessee of their obligation to pay all rental charges for the full Rental Period as specified in this agreement.

All rented items must be returned in a clean and good condition, reasonable wear and tear excepted. In the event the equipment is damaged beyond repair or is lost, Lessor shall have the option, at its sole discretion, to require Lessee to replace the equipment with like equipment of comparable value and functionality.  Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.

DEFAULT

In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees. Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.

NOTICE

All notices required or permitted under this Rental Agreement shall be deemed delivered when delivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Rental Agreement.

LIABILITY AND INDEMNITY

Lessee assumes all liability for injury, disability, or death of any person or persons arising from or in any way related to the operation, handling, or transportation of the equipment during the term of this Lease. Lessee shall indemnify and hold Lessor harmless from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including, but not limited to, attorney’s fees) arising out of or in connection with such injury, disability, or death.

RELEASE OF LIABILITY. Lessee agrees for themselves and (if applicable) for the members of my family and any other participants, to the following:

I AGREE TO OBSERVE AND OBEY ALL RULES AND REGULATIONS IN RELATION TO THIS LEASE AND EQUIPMENT, AND TO ONLY USE ANY EQUIPMENT AS INTENDED, AND FURTHER AGREE TO FOLLOW ANY ORAL INSTRUCTIONS OR DIRECTIONS GIVEN BY LESSOR, OR THE EMPLOYEES, REPRESENTATIVES, OR AGENTS OF LESSOR.

I RECOGNIZE THAT THERE ARE CERTAIN INHERENT RISKS ASSOCIATED WITH THE ABOVE-DESCRIBED ACTIVITY AND I ASSUME FULL RESPONSIBILITY FOR PERSONAL INJURY TO MYSELF AND (IF APPLICABLE) MY FAMILY MEMBERS, AND FURTHER RELEASE AND DISCHARGE LESSOR FOR INJURY, LOSS, OR DAMAGE ARISING OUT OF MY OR MY FAMILY’S USE OF OR PRESENCE UPON THE FACILITIES OF LESSOR, WHETHER CAUSED BY THE FAULT OF MYSELF, MY FAMILY, LESSOR OR OTHER THIRD PARTIES.

I AGREE TO INDEMNIFY AND DEFEND LESSOR AGAINST ALL CLAIMS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, COSTS, OR EXPENSES, INCLUDING ATTORNEY FEES AND OTHER LITIGATION COSTS, WHICH MAY IN ANY WAY ARISE FROM MY OR MY FAMILY’S USE OF OR PRESENCE UPON THE FACILITIES OF LESSOR.

I AGREE TO PAY FOR ALL DAMAGES TO THE FACILITIES OF LESSOR CAUSED BY ANY NEGLIGENT, RECKLESS, OR WILLFUL ACTIONS BY ME OR MY FAMILY.

NO DURESS

I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if Lessee so desire. I further agree and acknowledge that Lessor has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.

ARM’S LENGTH AGREEMENT

This agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

ASSIGNMENT

The Lessee shall not assign or sublet any interest in this Lease or the equipment or permit the equipment to be used by anyone other than the Lessee or Lessee’s employees, without Lessor’s prior written consent.

ENTIRE AGREEMENT AND MODIFICATION

This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties.

GOVERNING LAW

This Lease shall be construed in accordance with the laws of the State of Texas.

SEVERABILITY

If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER

The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.