Subscriber Agreement for Clublender Inc.’s “The Powder Locker” program
Clublender, Inc. (“Clublender”) reserves the right to update or replace this Subscriber Agreement at any time.
Equipment contents and condition
While Clublender will attempt to protect and maintain the Customer’s equipment in as-provided condition, Clublender takes no responsibility for the loss or damage of equipment over the course of the subscription (i.e., during the Subscription Period), including during the transit or storage of the equipment at outside facilities. Clublender will take no responsibility for unregistered items (items tied to the Customer’s skis, snowboard, or boots, for example).
Clublender may, from time to time, take photos or written notes relative to the condition, presence, or absence of the Customer’s equipment in order to track, develop, or communicate its understanding of the condition and status of that equipment. Such photos or notes are intended to help Clublender maintain the quality of its service to the Customer and to confirm with the Customer, insurance provider(s), or transit partner(s) its understanding of the contents and condition of the Customer’s equipment.
The Customer must receive permission from Clublender to change the registered contents or weight of the combined stored equipment, including but not limited to the initially registered skis, snowboard, ski boots, snowboard boots, or ski poles. Clublender reserves the right to inspect the Customer’s equipment at any time.
Customers are prohibited from storing food or other perishable items; wet items; items that Clublender determines to be easily flammable, including but not limited to electronic vaporizers, matches, or multi-pound batteries; or items that Clublender deems bio-hazardous.
At the time of its intake of the Customer’s equipment, Clublender will assess and confirm the contents and condition of the equipment with the customer. Once Clublender shares its assessment, the Customer will have 24 hours to respond (the “Response Period”) in agreement or disagreement with Clublender’s assessment of the contents and condition of the equipment. If the Customer disagrees with Clublender’s assessment, Clublender will initiate the return of the Customer’s equipment to the return address provided by the customer (the “Return Address”) along with a full refund of the Customer’s subscription-related charges. The Customer is required to let Clublender know if the Customer’s return address changes over the course of the Subscription Period.
The Customer agrees that the specific dimensions and weight of the equipment associated with a subscription may impact the Customer’s cost of shipping, shipping-related materials, shipping fees, or handling fees.
Clublender reserves the right to periodically re-measure the length, width or depth dimensions and the weight of the equipment that the Customer is storing through the Powder Locker program for storage and shipping considerations to cancel the Customer’s subscription if the Customer and Clublender are not able to agree on the dimensional and weight information as Clublender has assessed it.
Please note that Clublender may assess a special intake fee for customers requesting to initially ship from or have their equipment returned to Hawai’i or Alaska.
Clublender will consider the Customer’s Subscription Period to have begun as soon as the Customer agrees, within the 24-hour Response Period, to the contents and condition of the equipment that Clublender has received. Clublender will consider that calendar date of agreement to be “Day 0” of the Customer’s Subscription Period.
Unless otherwise agreed to, in writing, by Clublender, Clublender will initiate return of the equipment to the Customer’s provided return address on Monday, April 17th, Tuesday, April 18th, or Wednesday, April 19th. If the Customer’s subscription is active and the final payment falls on such a date that the Customer’s final pay period will be less than a full month, Clublender will prorate the Customer’s final payment.
Updating of the Customer’s return address
If the Customer wishes to update their return address, Clublender must agree, in writing, to such an update. Clublender takes no responsibility for the inaccessibility to the Customer of the Customer’s equipment once Clublender determines that the equipment has been delivered to the Customer’s return address. Clublender reserves the right to take ownership of or liquidate the Customer’s equipment if the Customer is unable to receive their equipment at the end of the Subscription Period.
Initiating an outbound shipment
The Customer will be able to view Clublender’s perception of the availability for delivery of the Customer’s equipment (i.e., for an “order”) from a product page, viewable by the Customer and by Clublender administrators, specific to the Customer’s equipment. That presentation will typically include a visual representation of a target delivery-by date, the booking range of dates, and a target return initiation date, although Clublender reserves the right to update this interface at any time.
Clublender encourages the Customer to select an explicit or implicit delivery-attempt date that is earlier than their desired delivery-by date in order to account for any delays in transit. Clublender takes responsibility for the timing of its handoff to its shipping partner(s), but does not take responsibility for any transit-related delays.
Termination of the subscription
Clublender reserves the right, with or without cause, to end a Customer’s subscription and to refund the Customer for their pro-rated remaining subscription time based on the recurring subscription fee at the time of the customer’s subscribing, and based on the following refund schedule:
- [amount already paid toward subscription at point of cancellation]
- [pro-rated cost at recurring payment cost at time of subscription up to later of day of cancellation request or last outbound shipment initiation by Clublender]
- [any costs to Clublender beyond typical return shipping costs to return equipment early to the Customer]
Any changes that the Customer wishes to have made to the duration or terms of their subscription must be agreed to in writing by Clublender.
Should the Customer wish to terminate their subscription early, the first four weeks’ payment is non-refundable, as is any portion of the Subscription Period up to the later of the day of the cancellation request by the Customer or to the day of Clublender’s attempted return shipment initiation to the Customer (or to the most recent attempt, if the Customer is unable to receive a return with earlier timing). If the Customer requests that their subscription be cancelled before the end of the Subscription Period, Clublender will consider the first business day following the request on which it can ship the equipment as the last full day of the updated subscription period for the purposes of billing.
= what the Customer initially paid
[one month's payment at recurring monthly payment cost at time of subscription]
+ [pro-rated cost at recurring payment cost at time of subscription beyond Day 28 and up to later of day of cancellation request or last outbound shipment initiation by Clublender]
+ [50% * pro-rated cost at recurring payment cost at time of subscription beyond later of day of cancellation request or last outbound shipment initiation by Clublender]
Relevancy of Clublender’s Rental Agreement, Terms of Service, and updates to Agreements and Terms
Where not specific to a rental transaction, the terms of Clublender’s Rental Agreement and Terms of Service will apply to this Subscriber Agreement.
Clublender reserves the right to update this Subscriber Agreement, the Rental Agreement, and the Terms of Service at any time. Clublender will endeavor, when feasible, to notify the Customer of any changes to the Agreement that may be particularly impactful to the Customer, but the Customer is responsible for reviewing the current Subscriber and Rental Agreements as well as the Terms of Service.
Clublender takes responsibility for the timely handoff of the Customer’s equipment to Clublender’s shipping partner, but Clublender takes no responsibility for the timely delivery or pickup of the Customer’s equipment to or from any location outside of a Clublender facility. Clublender recommends that the Customer request shipment initiation by Clublender with as much advance notice as the Customer can feasibly request.
While Clublender may provide feedback regarding pickup location options, the Customer is ultimately responsible for the initiation of any desired return.
The Customer will have the ability, over the course of the online checkout process or over the phone, to view or otherwise learn of costs related to the shipping and handling of a particular shipment. Depending upon the Customer’s desired delivery timing, the Clublender website may require an expedited shipping selection.
Within this subscription service, Clublender does not take responsibility for notifying the Customer of any potential fees imposed by a shipping partner, hotel, resort, or other commercial location, including, but not limited to, the fees that certain UPS Store locations or hotels may impose for the receipt or holding of a package.
While Clublender may, from time-to-time or in one format or another, mention or publish shipping cost estimates, Clublender makes no guarantees relative to the cost of shipping at the time of the Customer’s order.
Declaration of value
The Customer agrees that their equipment will be protected from damage in transit only up to the monetary value of the equipment that the Customer has declared during the registration process.
Selection of a base
The Customer will have the opportunity to confirm, during the registration and checkout process, the Clublender location that will become the primary storage location for the Customer’s equipment (the Customer’s Powder Locker location). In certain cases, only one location may be available to the Customer.
Clublender will typically provide the Customer with a return label designating the Customer’s Powder Locker location as the return destination for the equipment. Clublender intends for the original shipping box(es) to be usable as a container (or as containers) for return shipping, but makes no guarantee of the condition of any box upon its delivery to the Customer’s destination. Clublender does not take responsibility for providing an alternative container for the return shipment.
If for any reason the Customer needs for Clublender to provide an alternative container for the return of the equipment to Clublender or to the Customer’s return address, Clublender will charge the Customer the estimated difference in cost between the shipment with originally assumed specifications and the updated shipment with the replacement container.
If Clublender determines that a Customer’s order (going from the Customer’s Powder Locker location to a destination other than the Customer’s return address) will be the last in a subscription cycle, Clublender will provide a return label designating the Customer’s return address rather than the relevant Powder Locker location. In such circumstances, Clublender will provide a prorated refund to the Customer.
Clublender will consider an order to be the last in a subscription cycle if it estimates that an on-time return of the equipment will have the equipment arriving at the relevant Powder Locker base later than the final day of the Subscription Period.
If at any time Clublender should be unable to process payment of subscription-related charges or of Customer’s provided source of payment should fail, Clublender reserves the right to cancel the Customer’s subscription and to initiate the return to the Customer of the equipment without refund.