Fullswing Agreement

Damages Agreement

This Damages Agreement (this “Agreement”) is made and entered into by and between Updownallaround, Inc., a California corporation (“Company”) and the individual signatory below (“Customer”) (each, a “Party” and collectively, the “Parties”).

Recitals

WHEREAS, the Parties wish to enter into this Agreement whereby Customer will rent from the Company a Full Swing Launch Monitor(s) (“Equipment”) on a first come-first serve basis. Rental of the Equipment will be subject to availability and contingent upon the schedule of the Company.  

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1.0. Customer Agrees to Maintain

Customer agrees to keep the Equipment in good, working condition, including, but not limited to the following: keeping the Equipment free from damages, destruction, or theft while using the Equipment.  Any damages to the Equipment beyond normal wear will result in the Customer being charged a “damage fee” which can include, but not to exceed, the full replacement cost to be determined following repairs made by the manufacturer.  Customer agrees to pay the damage fee following the Company providing the Customer with a copy of the receipt to repair and/or replace the Equipment by the manufacturer.

2.0. Title of the Equipment

The Equipment shall, at all times, remain the property of the Company, and the Customer shall obtain no rights, title, or interest to the same therein, other than the limited license expressly granted herein.

3.0 Payment Terms

Customer shall make a payment to the company of $20 per hour or $100 per month for unlimited use of the Equipment.  Use of the Equipment is on a first-come, first serve basis and is dependent upon the availability of the Equipment and the Company.  At the end of the hour or month, the Company and the Customer can extend the rental time allotted to the Customer by mutual agreement.  The same fee applies to continue to use the Equipment unless changed by mutual agreement of the Parties.  .  

The Company and Customer have executed this Agreement on the Effective date below.