IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR RESERVATION.
By signing or electronically accepting this Agreement, the customer
("Customer") acknowledges that they have read, understood and agreed
to the following terms governing all equipment rented from Beach Ready SRQ
("Company").
1. Rental Equipment
Customer accepts responsibility for all rented beach equipment from
the time the equipment is delivered or placed in Customer's possession
until the rental period ends and the equipment is recovered by Company.
2. Customer Responsibility for Equipment
CUSTOMER IS FULLY RESPONSIBLE FOR ALL RENTED EQUIPMENT DURING THE RENTAL PERIOD.
Customer agrees to keep all equipment secure, use it appropriately and
return or leave all equipment for pickup in a neat, reasonably clean and
good condition, ordinary wear and tear excepted.
Customer is responsible for equipment used by Customer, family members,
children, guests, invitees or any other person Customer permits to use
the equipment.
3. Lost, Stolen or Damaged Equipment
CUSTOMER IS FINANCIALLY RESPONSIBLE FOR EQUIPMENT THAT IS LOST, STOLEN,
MISSING, DESTROYED OR DAMAGED BEYOND ORDINARY WEAR AND TEAR DURING THE
RENTAL PERIOD.
Following completion of the rental, Company may inspect all equipment.
If Company determines that equipment has been lost, stolen, destroyed
or damaged beyond ordinary wear and tear, Customer may be charged the
reasonable cost of repair or replacement.
These charges may be assessed after the rental has ended if damage or
loss is discovered during Company's post-rental inspection.
To the extent permitted by applicable law and Customer's payment
provider, Customer authorizes Company to charge the payment method
associated with the reservation for properly documented amounts owed
for lost, stolen, missing or damaged equipment.
4. Condition at Delivery
Customer is responsible for reasonably inspecting equipment upon delivery.
IF CUSTOMER NOTICES EXISTING DAMAGE, MISSING PARTS, DEFECTS OR OTHER
PROBLEMS AT DELIVERY, CUSTOMER MUST NOTIFY BEACH READY SRQ AS SOON AS
REASONABLY POSSIBLE.
Customers are encouraged to provide photographs when reporting
pre-existing damage.
5. Proper and Safe Use
Customer agrees to use rental equipment only for its intended purpose
and in a reasonable and safe manner. Customer agrees not to alter,
dismantle, misuse, overload or improperly use equipment.
Customer is responsible for determining whether conditions are safe
for continued use.
6. Umbrellas, Wind and Weather
Beach umbrellas and similar equipment may become dangerous during
high winds, storms or rapidly changing weather.
CUSTOMER IS RESPONSIBLE FOR MONITORING WIND AND WEATHER AND FOR
CLOSING, SECURING OR DISCONTINUING USE OF EQUIPMENT WHEN CONDITIONS
BECOME UNSAFE.
Open beach umbrellas should never be left unattended.
7. Assumption of Risk
Customer acknowledges that beach and outdoor activities involve
inherent and other risks including wind, weather, waves, water,
sand conditions, heat, sun exposure, equipment movement, slips,
trips, falls, collisions, misuse by others and actions of third parties.
Customer voluntarily assumes risks associated with possession and use
of rented equipment to the fullest extent permitted by law.
8. Release and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, CUSTOMER AGREES TO
RELEASE AND HOLD HARMLESS BEACH READY SRQ AND ITS OWNERS, MEMBERS,
MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM
CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OR OTHER HARM ARISING
FROM OR RELATED TO CUSTOMER'S POSSESSION, PLACEMENT OR USE OF RENTED
EQUIPMENT, EXCEPT TO THE EXTENT A CLAIM CANNOT LAWFULLY BE WAIVED OR LIMITED.
Nothing in this Agreement is intended to waive rights or liabilities
that cannot lawfully be waived under applicable law.
9. Children and Guests
Customer is responsible for supervising children and other individuals
using rental equipment and agrees not to permit unsafe or inappropriate use.
10. Security and Theft
Customer is responsible for reasonably securing equipment throughout
the rental period. Theft or disappearance does not automatically
eliminate Customer's financial responsibility.
11. Return and Pickup
CUSTOMER MUST RETURN OR LEAVE ALL EQUIPMENT NEATLY, ACCESSIBLY AND
IN GOOD CONDITION AT THE AGREED PICKUP LOCATION.
Customer must ensure that all equipment and accessories are present
and reasonably accessible for pickup.
12. Late Return and Extensions
Equipment may not be kept beyond the agreed rental period without
Company approval. Extensions are subject to availability and
additional fees.
Unauthorized retention may result in additional rental or replacement charges.
13. Cancellations, Weather and Refunds
NO REFUND IS GUARANTEED.
Any request for a refund, credit, cancellation adjustment,
weather-related adjustment or reimbursement will be reviewed
by Company on a case-by-case basis.
Submitting a request does not guarantee a full or partial refund.
Weather, travel changes, early departures, beach conditions, rain,
wind, red tide or Customer's decision not to use the equipment do
not automatically entitle Customer to a refund.
Nothing in this section limits any refund or remedy required by law.
14. Delivery and Access
Customer is responsible for providing accurate lodging, contact and
access information necessary for delivery and pickup.
Customer is responsible for obtaining any permission necessary for
equipment to be delivered to or stored at the accommodation.
15. No Transfer or Subrental
Customer may not sell, sublease, rent or otherwise transfer rental
equipment to another party for compensation.
16. Company Right to Recover Equipment
Company reserves the right to recover equipment when the rental
period has expired, Customer materially violates this Agreement,
equipment is intentionally misused or Company reasonably believes
its property is at substantial risk of loss or destruction,
subject to applicable law.
17. Disputed Damage or Loss Charges
Customer may contact Company to dispute a post-rental damage, loss
or replacement charge. Company may review photographs, delivery and
pickup records, equipment condition and relevant communications.
18. Governing Law
This Agreement shall be governed by the laws of the State of Florida.
If any provision is found invalid or unenforceable, remaining provisions
shall remain in effect to the extent permitted by law.
19. Electronic Acceptance
Customer agrees that checking the acceptance box and typing Customer's
name as an electronic signature demonstrates Customer's intent to
accept and be legally bound by this Agreement.
BY ACCEPTING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ
AND UNDERSTAND THE AGREEMENT, ACCEPT FINANCIAL RESPONSIBILITY FOR LOST
OR DAMAGED EQUIPMENT, UNDERSTAND THAT DAMAGE MAY BE BILLED AFTER THE
RENTAL ENDS, UNDERSTAND THAT REFUNDS ARE NOT GUARANTEED AND AGREE TO
THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY PROVISIONS ABOVE.
