Home Tryout™ Agreement

Effective October 3, 2025

THIS HOME TRYOUT AGREEMENT is made and effective by and between ROKA Sports, Inc. (“ROKA”) and you, the user (“Customer” or “you”). By submitting a home tryout order or otherwise expressing your consent, Customer agrees to be bound by this Agreement and ROKA’s Terms of Use (available at https://www.roka.com/pages/terms-of-use), whether or not Customer has read them. In case of conflict between this Agreement and the Terms of Use with respect to Customer’s home tryout, this Agreement will take precedence. 

ROKA may at its sole discretion modify this Agreement at any time, and the modified Agreement will take effect with respect to any home tryout transactions beginning after the date the new version is posted.

1.    Disclaimer

Every effort is made to assure descriptions and prices are correct. ROKA reserves the right to correct errors as needed. All prices and availability are subject to change without notice. ROKA may also restrict the home tryout program to customers in certain regions.

2.    Lease

Upon submission of a complete and valid home tryout order, ROKA hereby leases to Customer, and Customer hereby leases from ROKA, the equipment (“Equipment”) shown above in the “Contents” area following checkout.

3.    Shipping

Customer agrees to use the shipper and service selected by ROKA (the “Shipper”) for both outgoing and return shipping, unless the parties otherwise agree in writing.

  1. ROKA cannot guarantee a specific time or date for delivery. Any shipping time given by ROKA is only an estimate.
  2. Use by Customer of shipping methods other than the Shipper is a violation of this Agreement, and may result in the application of late fees.

4.    Term

The term of the home tryout lease shall commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of the lease is five days, beginning on the date of delivery. The Equipment must be returned to the Shipper by the end of business on the last day of the term of the lease.

5.    Rent; Payments

Rent must be paid in advance, in full. Following delivery of the Equipment, ROKA will issue Customer a gift card or credit redeemable toward Customer’s next purchase from ROKA; however, ROKA may cancel the gift card or credit (and/or charge Customer for the amount of the gift card or credit already used) in the event of default, as provided below.

Customer represents and warrants to ROKA that the payment and personal information you provide in connection with the home tryout is true, and that you are authorized to use the form of payment you provide. Customer must promptly update this information with any changes (e.g., to your billing address or credit card expiration date). Customer hereby authorizes ROKA to charge the form of payment you have provided for all amounts provided herein when due. All amounts paid in connection with a home tryout are non-refundable, except as provided under the “Shipping Delays & Malfunctioning Equipment” heading below.

6.    Late Returns

In the event the Equipment is not returned seven days after the due date, the Equipment will be considered stolen and the Customer’s form of payment will be charged the full retail price of the Equipment. If ROKA is unable to collect the retail price of the Equipment after seven days, the Customer shall be considered to be in default. ROKA reserves the right to pursue all civil and criminal remedies in the case of stolen, unreturned or lost Equipment.

7.    Use

Customer shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.

8.    Cancellation by ROKA

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

9.    Ownership

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

10. Damaged or Modified Equipment

Customer shall keep the Equipment in good repair and condition.

Customer shall not modify or alter the Equipment.

  1. In the event of any modifications, Customer will be responsible for all reasonable costs of ROKA in restoring the Equipment to its normal condition.
  2. Customer assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the lease.
  3. Unless pre-existing damage is reported to ROKA within 24 hours after Customer takes possession of the Equipment, any damage to the Equipment will be conclusively presumed to have occurred during the term of the lease.
  4. Customer’s form of payment shall be charged the amount of repair expenses owed to ROKA. If the Customer’s form of payment cannot be successfully charged within 24 hours, the Customer shall be considered to be in default.
  5. At ROKA’s discretion, a cleaning fee may be charged if any of the following must be removed from the Equipment upon return:

○      Smoke

○      Mud or dirt

○      Chalk or powder

○      Sand

○      Any other matter that must be removed from the Equipment before it is placed back in ROKA’s inventory

11. Loss of Equipment

Customer assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the lease, and in this case Customer will be liable to ROKA for the retail value of the Equipment.

  1. Customer shall promptly report to ROKA any loss or theft of the Equipment during the term of the lease.
  2. ROKA shall charge Customer’s form of payment the amount owed for the lost or stolen Equipment.
  3. If the Customer’s form of payment cannot be successfully charged within 24 hours, the Customer shall be considered to be in default.
  4. Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the lease, the Customer shall be liable for the retail price of the Equipment.
  5. In case of a dispute over whether the Customer returned the Equipment:
  6. If the tracking information for the return shipping label provided by ROKA does not show that the Equipment has been picked up by Shipper and the Customer has no drop-off receipt, the Equipment is considered unreturned.
  7. If Customer used an alternate shipping method, not arranged in advance by the parties in writing, and the Equipment is subsequently lost in transit, the Equipment is considered unreturned.

12. Default

In the event of default, all amounts owed by Customer to ROKA are immediately due, and:

  1. Customer shall be responsible for all of ROKA’s reasonable expenses in attempting to recover the amount owed from Customer, including collection fees and attorney’s fees.
  2. ROKA may cancel the gift card or credit (if any) it has provided to Customer in connection with the home tryout, and, if the gift card or credit has already been used, charge Customer for the value used.
  3. ROKA reserves the right to pursue all available civil and criminal remedies against Customer, including but not limited to: recovering possession of the Equipment, obtaining from Customer’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.

13. Missing Accessories

In the event of any missing accessories (storage sleeve, microfiber bag, nosepads, etc.), Customer is fully liable to ROKA for the retail price of the missing items.

14. Liability

ROKA does not assume, and the Customer indemnifies ROKA against, any liability or claims resulting from use or malfunction of the Equipment. Customer assumes all liability that may arise from use or failure of the Equipment.

15. Shipping Delays & Malfunctioning Equipment

In the case of a shipping delay or malfunctioning Equipment, ROKA’s only liability to Customer is to refund the portion of the rent Customer has paid applicable to the time period that the Equipment was nonfunctioning or delayed in transit. ROKA shall not be responsible for any consequential or incidental damages resulting from malfunctions or shipping delays. ROKA’s standard refund and warranty policies do not apply to Equipment leased to Customer through the home tryout program.

16. Taxes or Duties

The Customer agrees to keep the Equipment free of any taxes, duties, liens, or other encumbrances. In the event such are levied against the Equipment, the Customer agrees to reimburse ROKA in full for those charges.

17. Severability and Governing Laws

This Agreement, together with the Terms of Use and the documents referenced therein, represents the entire agreement between ROKA and Customer with respect to Customer’s home tryout. If any portion of this Agreement is found unenforceable, it will not affect the remainder of the Agreement, which shall remain valid and enforceable. All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the home tryout and/or the Equipment must and will be venued exclusively in Austin, Texas USA. This Agreement and the relationship between Customer and ROKA will be governed by the laws of the Texas without giving effect to principles of conflict of laws of any jurisdiction.