Subscriber Agreement for Clublender Inc.’s “The Powder Locker” program
“The Powder Locker” is a service of Clublender, Inc. (“Clublender”). 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) when the equipment is outside of a Clublender facility, including during the transit or storage of the equipment at outside facilities. Additionally, Clublender will take no responsibility for unregistered items (items tied or otherwise attached to the Customer’s skis, snowboard, or boots, for example; ski bindings and snowboard bindings are exceptions).
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.
Clublender reserves the right to charge additional storage fees for any equipment longer than 80 inches and heavier than 35 pounds.
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.
Intake
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. In such a scenario, the Customer will be responsible for shipping-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. These points of information play an important role in Clublender’s storage and shipping considerations, and Clublender reserves the right to cancel the Customer’s subscription if the Customer and Clublender are not able to agree on 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.
Subscription Period
Once the Customer agrees, within the 24-hour Response Period, to Clublender’s confirmation of receipt of the equipment and Clublender’s assessment of the contents and condition of the equipment that Clublender has received, Clublender will consider the day on which it initially provided its intake assessment to the Customer to be “Day 1” 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 15th. 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 refund the Customer by prorating the final subscription payment based on the portion of the Subscription Period that the Customer did not use. Clublender will issue this refund after it has been able to process any remaining payments, shipping-related or otherwise.
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 remaining subscription time based on a calculation of a prorated subscription charge that uses the subscription fee from the time of the Customer’s subscribing. Clublender will prorate the final subscription payment based on the portion of the Subscription Period that the Customer did not use.
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 cancellation request date.
Relevancy of the Powder Locker Subscriber Agreement, the Terms of Use of the Powder Locker Service, the Privacy Policy for the Powder Locker Service, and updates to those documents
Where not specific to a rental transaction, the terms outlined within the Terms of Use of the Powder Locker Service and the Privacy Policy for the Powder Locker Service will apply to this Subscriber Agreement.
Clublender reserves the right to update this Subscriber Agreement, the Terms of Use of the Powder Locker Service, and the Privacy Policy for the Powder Locker 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.
Transit considerations
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.
Shipping costs
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.
Return labels
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 Clublender estimates that an on-time return of the equipment will have the equipment arriving at the relevant Powder Locker location later than the penultimate business day of the Subscription Period.
Payment failure
If at any time Clublender should be unable to process payment of subscription-related, shipping-related, or any other required charges because the Customer’s provided source of payment fails or is declined, Clublender reserves the right to cancel the Customer’s subscription and to initiate the return to the Customer of the equipment without refund.
When the customer places an order through the website, they are required at checkout to agree explicitly to the terms of this Subscriber Agreement. If a Clublender team member takes the customer’s order over the phone, that team member will typically ask for verbal confirmation of consent from the customer to the terms of this Subscriber Agreement, but in any case Clublender considers the customer’s consent as automatic and as a necessary condition of an order’s placement.
Customer Confidentiality and Privacy Policy
To enter into a subscription with Clublender or to request a shipment, the customer must first provide personal information such as name; physical address; home phone number; phone number leading up to, during, and after the rental period; email; and, in some instances, a password. The customer’s personal information is held in a secure database and is not distributed or sold to any third party. Customer credit card information is provided securely to a partner’s protected site when the customer makes payment.
IMPORTANT: Clublender does not store customer’s credit card information on our website or any of its databases and does not give out customer’s credit card information to third parties. Please read our Privacy Policy for the Powder Locker Service to become familiar with how we handle your personal information.
General Reservation Policy
The customer must first complete a customer information section on our website or present the same information over the phone with a Clublender representative. Additionally, the customer must have a valid credit card (or debit card, in a scenario in which Clublender has authorized the use of a debit card) to initiate a charge and must enter their card information on the secure reservation form on our website or provide their card information to a Clublender representative over the phone.
Government-Issued Identification
Clublender may require first-time customers to furnish a photograph or scan of a valid driver’s license or other government-issued identification document (a passport, for example) and a selfie in order for Clublender to confirm the customer’s identity. If the customer refuses to furnish this evidence, Clublender may cancel and refund the customer’s order, regardless of how soon the customer’s requested playing date is. If the customer does not furnish the required evidence within 24 hours of placing an order, Clublender may refund only a part of the cost of rental. If a returning customer had provided an image of an ID that is now expired, Clublender may require a new image of a different, unexpired government-issued ID.
Shipment of Equipment
Clublender reserves the right to ship the equipment through whatever method (UPS, FedEx, freight, or otherwise) we deem appropriate for a given order. The pricing provided by our website takes into account various elements of an order, including, but not limited to, the base rental cost, any applicable order discounts, shipping origin, shipping destination, delivery timing during the week, and any need for expedition. In part due to the inherent complexity of pricing calculations, we do not guarantee that pricing quoted by the website will be identical to pricing provided in response to inquiries via phone, chat, email or other communication.
The customer or a representative of the customer at the customer’s destination must be available for receipt of the equipment over the course of the two business days prior to the customer’s designated first day of use of the equipment, even if the customer has opted for residential delivery. If our shipping partner is unable to deliver the equipment because no one is on site to receive it, the customer’s order will not be eligible for any refund.
Cancellation and Refund Policies
The customer may cancel his or her order at any time, but the monetary portion of the order eligible for a refund will depend upon how far in advance the cancellation has been made and upon whether Clublender has yet shipped the equipment.
A cancellation made after Clublender has shipped the equipment will not be eligible for a refund.
Payment
The initiation of shipment of equipment or of a subscription requires the customer to supply us with complete, accurate and current credit card information for a valid credit card of which the customer is the authorized owner. We do not accept prepaid credit or debit cards except under exceptional circumstances. In such circumstances, a Clublender team member must agree in writing to the use of such a card. By completing the checkout process, the customer authorizes us or our agent to bill their credit card the applicable shipping-related, subscription-related, or other fees, any and all applicable taxes and shipping surcharges, and any other charges the customer may incur in connection with their use of our service or website. The applicable fees will be charged to the customer’s credit card on the date their order is placed. Additional fees will be charged when deemed necessary by the Clublender team.