THE FINE PRINT

GRAND SLAM BAT CLUB TERMS, CONDITIONS AND MEMBER AGREEMENT

 

  1. Taylor Athletics, LLC - D.B.A.  Grand Slam Bat Club (GSBC) operates a bat leasing company allowing Members to select a new bat to lease from the GSBC inventory.  GSBC is a business independent from the manufacturer of all bats in its inventory without any affiliation.  GSBC has the exclusive right to direct and control the business operation of leasing  all bats in its inventory, including the prices of the bats to be leased.  The parties to this agreement have not formed a partnership, joint venture or agency relationship and Member shall have no power to obligate or bind GSBC in any manner.

  2. Member represents and warrants that it has full legal authority to enter into this Agreement and to complete the transactions contemplated by this Agreement.  Member certifies that Member is eighteen (18) or older in age and has the authority to utilize the credit card that Member has registered on file with GSBC.

  3. GSBC agrees to lease and deliver to Member at the address identified in its order form and the Member agrees to lease, receive and pay GSBC for the bat covered by this Agreement.  GSBC guarantees that a bat leased pursuant to this Agreement is the sole property of GSBC and that the bat is new.  Each bat leased by GSBC will be uniquely coded by the manufacturer The Member shall not tamper with the unique codes located on the bat owned by GSBC.

  4. A bat leased to a Member by GSBC shall be exclusively used for the purposes for which the bat is intended by the manufacturer, i.e. for the recreational and/or competitive use in hitting a baseball or softball.  Member shall be the sole and exclusive user of the bat and shall not, under any circumstances, permit others to use the bat.  Member shall not sell a bat leased from GSBC.

  5. GSBC shall promptly acknowledge and process accepted Member orders.  GSBC shall use its best efforts to notify Member, as soon as practicable, of any rejection or delay in filling or delivering a Member’s order.

  6. Membership is achieved by entering into a bat lease agreement with GSBC.

    • If Member chooses to lease a bat, Member shall have the right to retain a selected bat for a period of twelve (12) months from the date of delivery of the bat.  Membership is for a period of twelve (12) months.  This Agreement is non-renewable.

    • If Member chooses to lease more than one (1) bat, an additional Agreement will be transacted.

    • If after receiving a bat, Member decides to exchange the bat within thirty (30) days from delivery, the Member must contact GSBC requesting an exchange and return the bat in its original wrapping within seven (7) days using the container used for the original shipment.  GSBC shall provide a shipping label to Member for returning the bat.  GSBC will deliver a replacement bat to the Member applying a Membership Fee credit toward the new Agreement.  If Member fails to return the bat to be exchanged, Member will be automatically charged the full retail price of the bat.  If Member fails to return the bat in the shipping container and label provided by GSBC, Member assumes all liability for proper delivery of the bat to GSBC.

    • If after using a bat, Member requests to return a bat that is not in its original wrapping and prior to expiration of the Agreement term, Member must contact GSBC requesting an exchange and return the bat in the original shipping container.  GSBC shall provide a shipping label to the Member for returning the bat.  GSBC will deliver a replacement bat to the Member constituting a new Agreement.  Member shall remain liable for payment of the balance of all fees for the remainder of both Agreement terms.  If Member fails to return the bat to be exchanged, Member will be automatically charged the full retail price of the bat.  If Member fails to return the bat in the shipping container and label provided by GSBC, Member assumes all liability for proper delivery of the bat to GSBC.

  7. Member agrees to pay fees and charges assessed by GSBC.

    • Membership fee of 5% will be applied to the bat selected and included in monthly payment.

    • Monthly fees will be charged in equal installments based on the type of bat selected and according to the schedule provided at the time the agreement is executed.

    • Sales Tax will be based on the monthly fees and charged in equal installments.  Sales Tax is based upon the state from which the Member has ordered a bat.

    • Voluntary Early Termination by Member will initiate an early termination fee of $20 a month for the remaining months of the lease in addition to the monthly fees.  

    • A late fee of $10 a month will be assessed by GSBC for any payment(s) not timely received by GSBC.

    • All fees will be automatically charged by GSBC to Member’s credit card held on file.

  8. At all times during the Agreement Term, Member shall have the right to purchase any bat in GSBC’s inventory according to the pricing schedule.

  9. Member agrees that by accepting the bat, Member accepts the bat as being satisfactory. If the condition of the bat is not satisfactory upon Member’s receipt, Member agrees to immediately give detailed notice of the bat’s condition to GSBC and act at the direction of GSBC.  

  10. Member shall have the right to voluntarily terminate this agreement by the Member contacting GSBC.  Member must return the bat within three (3) calendar days of the notice using the container used for the original shipment.  GSBC shall provide a shipping label to the Member for returning the bat.  If Member fails to return the bat, Member will be automatically charged the full retail price of the bat.  If Member fails to return the bat in the shipping container and label provided by GSBC, Member assumes all liability for proper delivery of the bat to GSBC.  An early termination fee will be charged as indicated in section 7 of this agreement.  Should Member fail to return all bats in its possession upon termination of this agreement, by either means provided herein, Member will be automatically charged the full retail price of all bats that remain in Member’s possession.

  11. GSBC reserves the right to terminate this Agreement without any recourse by Member:

    • if Member makes any material false or misleading statement or representation which induces GSBC to enter into this Agreement, or which is relevant to the relationship between the parties;

    • if Member becomes insolvent or commits an act of bankruptcy or takes advantage of any law for the benefit of debtors or Member's creditors, or if a receiver is appointed for Member;

    • if Member fails to pay in a timely manner any sums when due;

    • if Member defaults in any of its obligations;

    • if Member is declared incompetent to manage his property or affairs by any court,

    • if Member dies;

    • if Member engages in fraud or criminal misconduct relevant to this Agreement;

    • if Member fails to accept the delivered bat(s) which Member ordered.

  12. Member shall return all bat(s) leased by GSBC in the same or as good condition as the bat(s) was in when received by Member, subject to normal wear and tear as determined by GSBC.  Measures shall be taken by Member in order to prevent avoidable damage to all bats leased by GSBC to Member and to ensure that manufacturer warranties are not voided. Member guarantees GSBC against any loss or damage due to any damages to a bat while in Member’s possession.  GSBC shall retain all rights to the manufacturer’s warranty for any given bat in its inventory.  If a bat is damaged while in Member’s possession and said damage is not covered by the manufacturer’s warranty, Member will be charged the full retail value of the bat calculated at the time that the bat was originally delivered to Member.  If bat sustains damages while in Member’s possession, Member shall contact GSBC immediately for return instructions.  Member shall never have the right to claim a manufacturer’s warranty on any bat leased by GSBC.  If a bat is lost or stolen while in Member’s possession, GSBC will charge Member for the full retail value of the bat, the value to be determined as of the date that the bat was delivered to Member.

  13. Member shall defend, indemnify, and hold GSBC, its officers, directors, shareholders, partners, employees, agents or servants harmless from and against any and all claims for damages involving personal injury, wrongful death or property damages arising out of all bats leased by GSBC to Member.  Additionally, Member agrees to indemnify, defend and hold GSBC harmless from any and all actions, causes of actions, claims, demands, liabilities, losses, damages or expenses including attorney’s fees (incurred prior to the institution of litigation to include trial and appellate proceedings) which shall or may arise or occur at any time by reason of or as a consequence of any death, personal injury, or property damage caused in any way related to all bat(s) leased by GSBC to Member.  This indemnification provision is intended to provide indemnification and defense any time a bat leased by GSBC to Member causes or contributes or is alleged to have caused or contributed to an incident which results in loss, injury or damages to another even when the negligence occurs without Member’s participation or knowledge.

  14. Any delays in or failure of performance of either party shall not constitute a default hereunder or give rise to any claims of damages if and to the extent that such delay or failure is caused by occurrences including, but not limited to, acts of God or the public enemy; expropriation or confiscation of facilities; compliance with any order or request of any governmental authority; acts of war; rebellion or sabotage or damage resulting therefrom; embargoes or other import or export restrictions; fires, floods, explosions, accidents, or breakdowns; riots; strikes or other concerted acts of workers, whether direct or indirect; or any other causes whether or not of the same class or kind as those specifically above named which are not within the control of the party affected and which, by the exercise of reasonable diligence, said party is unable to prevent or provide against.  A party whose performance is affected by any of the causes set forth in the preceding sentence shall give prompt written notice to the other party.  GSBC shall be under no obligation to deliver any bats at any time when in GSBC’s sole judgment it has reason to believe that the making of such delivery would be likely to cause a default by Member. Nothing in this paragraph shall excuse Member from making a payment when due for deliveries made under the Agreement.

  15. In the event GSBC should actually deliver to Member and Member should actually accept and receive during the term quantities of bat(s) in excess of the quantity ordered by Member, Member agrees to return the bat(s) or enter into a new Agreement for the bat(s).

  16. GSBC shall have the right at any time during the life of this Agreement to change, alter, amend or eliminate any of the brands of bat(s) covered by this Agreement due to a manufacturer’s recall.  GSBC shall direct Member the required steps to remedy the situation and amend this Agreement accordingly.

  17. All written notices required or permitted to be given by this Agreement shall be deemed to be given if delivered via email at info@grandslambatclub.com or by U.S. mail to Grand Slam Bat Club, 476 Old Smizer Mill Rd, Fenton, MO 63026, or to such other address as may be furnished by GSBC.  The date of mailing shall be deemed the date of giving such notice.

  18. GSBC warrants that the bat(s) supplied will conform to the promises and affirmations of fact made in GSBC's current literature and printed advertisements, if any, related specifically to such product(s); and that the bat(s) supplied meet such specifications as have been expressly made a part of this Agreement.  THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED.  THE WARRANTY OF MERCHANTABILITY, IN OTHER RESPECTS THAN EXPRESSLY SET FORTH HEREIN, AND WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, IN OTHER RESPECTS THAN EXPRESSLY SET FORTH HEREIN, ARE EXPRESSLY EXCLUDED AND DISCLAIMED.

  19. This writing is intended by the parties to be a final, complete and exclusive statement of their Agreement about the matters covered.  THERE ARE NO ORAL UNDERSTANDINGS, REPRESENTATIONS OR WARRANTIES AFFECTING IT. No amendment or alterations to this Agreement shall have any effect unless made in writing and signed by an authorized representative of GSBC and by Member.

  20. This Agreement or any modification shall not be binding upon GSBC until signed on its behalf by an authorized representative of GSBC.  Commencement of performance prior to signing as above stipulated in no case shall be construed as a waiver by GSBC of this requirement.

  21. It is agreed that if GSBC obtains a judgment against Member for breach of any provisions hereof, GSBC's damages shall include all attorney's fees and other litigation expenses incurred by GSBC in obtaining such judgment.  Furthermore, to the extent that GSBC must take any steps to exercise execution of any such judgment, GSBCs reasonable attorney’s fees and the legal and other expenses it incurs shall be chargeable to the Member.

  22. This Agreement shall not be assignable by Member without the prior written consent of the GSBC.  Subject to the forgoing this Agreement shall inure to the benefit of and shall be binding upon each of the parties hereto and the respective heirs, personal representative, administrator, successors, and assigns, and the parties hereby agree for themselves and their heirs, personal representatives, administrators, successors, and assigns to excuse any instruments and to perform any acts which may be necessary or helpful to carry out the purposes of this Agreement.

  23. The validity, interpretation and enforcement of this Agreement and all other instruments and documents executed in connection with this transaction shall be governed by the laws of the State of Missouri, excluding those laws relating to the resolution of conflicts between laws of different jurisdiction.  

  24. The section and subsection headings and captions contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.  The parties acknowledge and agree that each party has received this Agreement and that any rule of contraction resolving and ambiguities against the drafting party shall not be employed in the interpretation of this Agreement or any amendment, exhibit or schedule.

  25. Any provision of this Agreement shall be determinate by a court of competent jurisdiction to be invalid, illegal or unforeseeable, such determination shall not effect or impair the validity, legality, or enforceability of the remaining provisions.

  26. Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person, firm or corporation or other the parties, their subsidiaries and their personal representative, successor, administrator or assign, any rights, remains, obligations or liabilities under or by reason of this Agreement, or result in their being deemed a third party beneficiary of this Agreement.