TERMS OF USE, RENTAL AGREEMENT & LIABILITY WAIVER

Mr. Beach Rentals, LLC

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Welcome to Mr. Beach Rentals! We are thrilled to be a part of your coastal vacation. To ensure a smooth experience and maintain the highest safety and quality standards for all our guests, please review our rental agreement below.

 

Please read carefully. By reserving, paying for, or accepting equipment from Mr. Beach Rentals, the individual booking the equipment (hereinafter referred to as the "Renter") explicitly agrees to these terms, which include a binding assumption of risk, release of liability, and indemnification.

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SECTION 1: BOOKING, PAYMENTS & CANCELLATIONS

1. Cancellations & Changes:

We know vacation plans can shift, so we have designed our cancellation policy to be as flexible as possible while still covering the logistical costs of prepping your gear. Timelines are based strictly on your scheduled delivery time.

• 24+ Hours Notice: Cancellations made more than 24 hours before your scheduled delivery time (e.g., prior to 11:00 AM on Friday for an 11:00 AM Saturday delivery) are eligible for a refund, minus a 3.5% transaction processing fee applied to the total order amount.

• Less Than 24 Hours Notice: Cancellations made within 24 hours of the scheduled delivery time are non-refundable. However, the Renter may opt for a store credit (which never expires) or a refund minus a 20% restocking fee applied to the total order amount.

• Post-Delivery: Once the equipment has been dropped off at the designated delivery address, the rental is finalized. No refunds, prorations, or store credits will be issued for unused time. This applies to all rentals, even in the event of inclement weather, acts of God, or mandatory evacuations.

2. Smooth Returns & Late Policies:

Our team runs on a tight schedule to ensure every guest gets their gear on time! Equipment must be available for pickup by the exact date and time listed on your invoice.

• Missed Pickups: If our staff arrives and the equipment is not available, we will send an email notification, and a $10.00 Missed Pickup Fee will be applied.

• Late Returns: After a 30-minute grace period following the scheduled pickup time, late items will accrue a daily rate equal to twice (2x) the prorated daily rental rate (e.g., if a 7-day rental costs $70, the late fee is $20 per day).

• Unreturned Gear: If equipment is not returned within seven (7) days of the scheduled end time, it is deemed lost or stolen, and the Renter will be charged the full retail replacement cost plus the initial $10.00 Missed Pickup Fee.

3. Payment Authorization & Card on File:

By providing a payment method at the time of booking, the Renter authorizes Mr. Beach Rentals and its third-party payment processor (e.g., Stripe) to securely store the payment credentials. The Renter grants explicit permission to charge this card for the initial rental fees, as well as any subsequent post-rental charges, including but not limited to: late fees, missed pickup fees, excessive cleaning fees, damage repair, replacement costs, and local municipal fines incurred during the rental period.

4. Billing & Dispute Policy:

If you ever have a question about a charge, please reach out to our team directly so we can help! Please note that if a payment reversal or credit card dispute (chargeback) is filed, it creates a significant administrative burden. If the dispute is ultimately resolved in favor of Mr. Beach Rentals, such actions will incur a $50.00 Administrative Processing Fee. In the event of a dispute or if a post-rental charge fails, a daily interest rate of 0.05% (or the maximum permitted by North Carolina law) will apply to any outstanding balance until the issue is resolved.

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SECTION 2: EQUIPMENT, USE & DAMAGE POLICIES

1. Equipment Variations & Upgrades:

We regularly purchase new gear to ensure the Renter has a premium rental experience. As a result, we frequently update and rotate our inventory. The images, colors, and specific models shown on our website are for illustrative purposes. We reserve the right to provide equipment that differs in brand, color, or model year from what is depicted online, provided it is of comparable quality and serves the same purpose.

2. Equipment Malfunction & Mid-Rental Swaps:

We meticulously maintain our gear, but mechanical issues can occasionally occur. If an item malfunctions, the Renter must notify Mr. Beach Rentals immediately. Our primary policy is to promptly repair or replace the item so you can get back to enjoying your vacation! Refunds or prorations will only be considered if Mr. Beach Rentals is completely unable to repair or swap the equipment. We want to fix any issues right away! Because we cannot resolve problems we don't know about, refunds or credits will not be issued retroactively for the time an issue goes unreported.

3. Compliance with Local Laws & Fines:

Local municipalities have strict and frequently changing ordinances regarding beach canopies, holes in the sand, e-bike access, and parking. The Renter is solely responsible for understanding and obeying all local laws while using the Equipment. The Renter agrees to pay any fines, tickets, or impound fees incurred due to their improper or illegal use of the Equipment. Mr. Beach Rentals reserves the right to charge the Renter's card on file for any citations billed to the company as a result of the Renter's actions. For your convenience, please review your town's specific rules:

• Oak Island Beach Rules

• Holden Beach Regulations

• Ocean Isle Beach Rules

• Sunset Beach Ordinances

• City of Southport Ordinances

4. Authorized Use Area, Transportation & Repossession:

The Equipment must remain within Brunswick County, North Carolina at all times. The Renter is permitted to transport the Equipment strictly within this county; however, the Renter assumes all risk and liability associated with the loading, unloading, and transit of the Equipment. * Right to Terminate & Repossess: Mr. Beach Rentals reserves the right to terminate the rental agreement and immediately repossess the Equipment without refund if the Renter or their party is observed using the Equipment in a reckless, illegal, or destructive manner, or in a way that visibly endangers themselves, the public, or the Equipment.

5. Accidental Damage Protection (ADP):

Accidents happen! To give the Renter peace of mind, we offer two tiers of coverage for accidental damage. ADP applies strictly to accidental equipment damage only. If our staff determines the damage was accidental, the ADP tier rules apply. If ADP was not purchased, the Renter will be charged the actual cost of repair or replacement. Note: ADP does not cover damage caused by negligence, misuse, intentional acts, bodily injury, theft, or loss.

• Tier 1: Standard (Included): We waive charges for minor accidental cosmetic damage up to $25.00. Damages exceeding $25.00 will be charged to the card on file at the cost of repair or replacement.

• Tier 2: Premium Upgrade ($10 or 8%, whichever is greater): Covers up to $1,000.00 in accidental repair or replacement costs. This optional upgrade must be purchased at the time of booking.

6. Excessive Cleaning Fee: We expect Equipment to be returned with normal wear and tear. However, if Equipment is returned requiring specialized cleaning beyond standard sanitization (e.g., stickers applied to frames, unauthorized paint, or biohazards), an Excessive Cleaning Fee based on the severity of the condition will be assessed by our staff. Note: ADP does not cover cleaning fees.

7. Total Loss, Negligence & Disposal:

If equipment is damaged beyond repair (a "Total Loss") during the rental due to an accident, ADP rules will apply based on the selected tier. However, if the Total Loss is determined to be the result of negligence, intentional defacement, or misuse, ADP is voided and the Renter will be charged the full retail replacement cost. Base rental fees previously paid do not apply toward replacement costs. As a service to the Renter, and for liability compliance, Mr. Beach Rentals retains full ownership of all damaged items and will handle their proper disposal.

8. Risk of Loss & Theft:

The Renter assumes all risk of loss, damage, or theft of the equipment from the time of delivery until it is formally returned to and inspected by our staff. In the event of theft, the Renter must immediately notify local law enforcement to file a formal police report, notify their property management company (if applicable), and notify Mr. Beach Rentals within 12 hours. The Renter is financially responsible for the full retail replacement value of any stolen, lost, or unreturned equipment.

9. Proactive Reporting Courtesy:

Renters who proactively report damage or loss to our staff prior to the end of their rental period will receive a 10% discount on the assessed repair or replacement fee.

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SECTION 3: LIABILITY WAIVER & ASSUMPTION OF RISK

1. Primary Renter Responsibility & Group Indemnification:

To simplify the rental process, only the booking party is required to agree to these terms. As the "Primary Renter" finalizing this reservation, the Renter assumes full financial and legal responsibility for all Equipment rented. The Renter certifies that they have the authority to assume, and do hereby assume, all inherent risks on behalf of every member of their party (including minors and adults) using the Equipment. The Renter agrees to completely indemnify, defend, and hold harmless Mr. Beach Rentals, LLC from any and all claims, lawsuits, or demands for damages brought by any member of their group, or any third party permitted to use the Equipment during the rental period.

2. Safety Gear & Age Restrictions:

Mr. Beach Rentals provides or offers necessary safety equipment, including life jackets (PFDs) for watercraft and helmets for bicycles/e-bikes. The Renter acknowledges that North Carolina law requires the use of certain safety gear. The Renter assumes full responsibility for ensuring that all users, especially minors, wear appropriate safety gear at all times and meet any statutory age requirements for operating specific Equipment (such as e-bikes).

3. Assumption of Risk (All Equipment):

The Renter acknowledges that the use of all recreational, mobility, and outdoor items provided by the Rental Company (collectively, the "Equipment") involves inherent risks. This Equipment includes, but is not limited to:

• Watercraft: (e.g., kayaks, paddleboards, canoes, skim/boogie boards)

• Wheeled & Mobility Devices: (e.g., bicycles, e-bikes, tricycles, beach wheelchairs, carts)

• Beach & Leisure Gear: (e.g., Shibumi shades, umbrellas, beach chairs)

• Outdoor Appliances: (e.g., gas grills)

These risks include, but are not limited to: traffic collisions, uneven terrain, mechanical failure, burn hazards or gas leaks, wind-related hazards, and water hazards including drowning, changing tides, and marine life. The Renter voluntarily assumes all risks, known and unknown, of personal injury, death, or property damage associated with the use of the Equipment.

4. Release of Liability:

The Renter hereby fully releases, waives, and discharges Mr. Beach Rentals, LLC, its owners, officers, employees, agents, and contractors from any and all liability, claims, or causes of action for loss, damage, injury, or death arising from the use of the Equipment, including claims arising from the ordinary negligence of Mr. Beach Rentals, LLC or its employees. This release does not extend to acts of gross negligence or intentional misconduct.

5. Governing Law, Jurisdiction & Severability:

This agreement shall be governed by the laws of the State of North Carolina. Any legal action arising from this agreement, including the collection of unpaid debts, shall be litigated exclusively in the state or federal courts located in or serving Brunswick County, North Carolina. If any provision of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.