Mr. Beach Rentals Terms of Use
Updated 3/29/2022
BY USING MRBEACHRENTALS.COM, YOU AGREE TO THE FOLLOWING TERMS OF USE, WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK, & INDEMNITY. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE RENTING MR. BEACH RENTALS EQUIPMENT. BY RESERVING EQUIPMENT FROM MRBEACHRENTALS.COM, YOU AGREE TO THE FOLLOWING.
Rental Policy:
CANCELLATION POLICY:
Refunds will be given for cancellations where Mr. Beach Rentals is notified 24 hours before equipment is delivered, except for a 3.5% transaction fee we cannot return. For cancellations within 24 hours of the delivery time, customers have the option to receive a gift certificate in the amount paid or receive a refund minus a 20% restocking fee. There are no refunds after equipment has been delivered. If you have a conflict or are concerned about weather, please contact 24+ hours before your start time so we can change your rental dates/times at no cost.
PAYMENTS POLICY:
Full payment is required at the time of booking. All major credit cards accepted. If you would like to add additional cards or change your payment method, please contact Mr. Beach Rentals and we will be happy to assist.
Credit and debit cards used at Mr. Beach Rentals are processed directly through our payment processor. We have no access to your data as your privacy and security is our utmost concern. Mr. Beach Rentals does maintain the ability to (re)charge or (partially) refund your card as needed through our processor as this is essential to operating business efficiently.
DAMAGES/LOSS:
Mr. Beach Rentals reserves the right to charge for damages up to the replacement cost for any damages incurred while items are in the possession of the renter. Mr. Beach Rentals may also charge the renter up to the replacement cost for not returning Mr. Beach Rentals products by the return date and time listed on their invoice. Please make sure to leave all of your rental equipment in an easy to see place so Mr. Beach Rentals can easily find and pick it up at the time listed on your invoice.
WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK, & INDEMNITY
I. DISCLAIMER
YOU MUST BE 18 YEARS OF AGE OR OLDER TO RENT ANY STANDUP PADDLE BOARD OR KAYAK. USERS UNDER THE AGE OF 18 NEED PARENT/GUARDIAN CONSENT. THE UNDERSIGNED AGREES THAT HE/SHE IS ALSO SIGNING THE RELEASE ON BEHALF OF ALL POTENTIAL OPERATORS/USERS INCLUDING ANY MINOR CHILDREN FOR WHOM HE/SHE IS PARENT, GUARDIAN, OR OTHERWISE RESPONSIBLE FOR CARE, CUSTODY AND CONTROL. BY SIGNING THIS RENTAL AGREEMENT, THE UNDERSIGNED IS PERSONALLY LIABLE AND THEREFORE RESPONSIBLE FOR ANY INJURIES OR DAMAGES THAT OCCUR WHILE MR. BEACH RENTALS PROPERTY IS IN THE UNDERSIGNED POSSESSION, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF MR. BEACH RENTALS, LLC. THE RENTAL COMPANY IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES.
FOR PURPOSES OF THIS AGREEMENT, THE TERM “RENTAL COMPANY” OR MR. BEACH RENTALS INCLUDES ALL EMPLOYEES AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, INSURERS AND SUBSIDIARIES OF MR. BEACH RENTALS, LLC.
FOR PURPOSES OF THIS AGREEMENT, RENTAL EQUIPMENT IS IN THE POSSESSION OF THE RENTER AS DEFINED BY THE LONGER COMBINATION OF THE FOLLOWING: FROM THE ACTUAL DATE AND TIME OF DELIVERY OR DELIVERY DATE AND TIME LISTED ABOVE IN THIS AGREEMENT TO THE ACTUAL DATE AND TIME OF PICKUP OR RETURN DATE AND TIME LISTED ABOVE IN THIS AGREEMENT.
THIS RENTAL AGREEMENT: WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, & INDEMNITY IS APPLICABLE TO ALL RENTERS AND USERS OF EQUIPMENT PROVIDED BY MR. BEACH RENTALS, LLC.
II. EXPRESS ASSUMPTION OF RISK
I ACKNOWLEDGE ON BEHALF OF MYSELF AND OTHER USERS OF MR. BEACH RENTALS PROPERTY WHILE IN MY CONTROL THAT USE OF A RECREATIONAL EQUIPMENT HAS INHERENT RISKS THAT MAY LEAD TO BODILY INJURY OR DEATH. I FURTHER UNDERSTAND THAT I, AND ANY OTHER USERS ARE NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY OF THE ACTIVITIES PRESENTED TO ME, BUT HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE. I ACKNOWLEDGE THE USERS OF THE EQUIPMENT WHILE IN MY CONTROL HAVE NO HEALTH RESTRICTIONS WHICH WOULD PREVENT THEM OR ME FROM PARTICIPATING IN ANY ACTIVITIES OR ENTERING INTO THIS AGREEMENT. I REALIZE THAT I AM FREE TO REFUSE TO PARTICIPATE IN ANY OR ALL ACTIVITIES INCLUDING THOSE I FEEL UNCOMFORTABLE WITH OR WHICH I FEEL CANNOT BE COMPLEPTED SAFELY. I KNOWLINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE RENTAL OPERATION, OR USE OF THE RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE, ACT, OR OMISSION OF MR. BEACH RENTALS, LLC AND ASSUME FULL RESPONSIBILITY FOR MY GROUP'S PARTICIPATION.
III. RELEASE OF LIABILITY
I HEREBY RELEASE AND HOLD HARMLESS MR. BEACH RENTALS, LLC FROM ALL LIABILITY, CLAIMS, DEMANDS OR CAUSES OF ACTION FOR ANY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED BY ME AND/OR ANY OTHER USERS WHILE MR. BEACH RENTALS PRODUCTS ARE IN MY POSSESSION, WHETHER CAUSED BY THE NEGLIGENCE OF MR. BEACH RENTALS, LLC OR OTHERWISE. THIS INCLUDES ANY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY INCURRED AS A RESULT OF A HIDDEN, LATENT OR OBVIOUS DEFECT ON THE RENTAL EQUIPMENT, OR ANY FAILURE TO PROPERLY INSTRUCT, SUPERVISE OR TRAIN.
IV. COVENANT NOT TO SUE
AS PART OF THE CONSIDERATION FOR USING THE EQUIPMENT, I PROMISE NOT TO SUE OR MAKE A CLAIM AGAINST MR. BEACH RENTALS, LLC FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF MY AND/OR OTHER USERS PARTICIPATION IN RENTAL ACTIVITIES. IT IS THE INTENT OF THIS RENTAL AGREEMENT TO FULLY AND COMPLETLEY RELEASE MR. BEACH RENTALS, LLC FROM ALL CLAIMS.
V. LIABILITY TO THIRD PARTIES
I AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS MR. BEACH RENTALS, LLC FOR ALL PERSONAL INJURIES, PROPERTY DAMAGES, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF OTHER WATERCRAFT AND USERS OF EQUIPMENT WHILE IN THE POSSESSION OF THE UNDERSIGNED AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO THE RENTAL, OPERATION, OR USE OF EQUIPMENT PROVIDED BY MR. BEACH RENTALS, LLC. EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF MR. BEACH RENTALS, LLC.
VI. RENTERS CONSENT TO PAYMENT OF RENTAL EQUIPMENT INCLUDING LOSSES & DAMAGES
EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE RENTER WILL NOT RESULT IN A REFUND. IF IT IS DETERMINED THAT THE RENTER HAS CAUSED DAMAGE TO THE UNIT, MR. BEACH RENTALS, LLC RESERVES THE RIGHT TO CHARGE THE RENTER UP TO THE REPLACEMENT COST FOR EACH PIECE OF EQUIPMENT LOST OR DAMAGED. THE RELACEMENT COST IS DEFINED AS THE COST TO MR. BEACH RENTALS TO REPLACE EQUIPMENT. THIS COST INCLUDES BUT IS NOT LIMITED TO THE COST OF NEW EQUIPMENT THAT IS THE SAME OR SIMILAR, SHIPPING AND HANDLING CHARGES THAT APPLY TO THE ACQUIRING OF EQUIPMENT, TAXES RELEVENT TO ACQUIRING NEW EQUIPMENT, AND ANY COST INCURRED BY MR. BEACH RENTALS OR ITS EMPLOYEES TO REPLACE EQUIPMENT SUCH AS EMPLOYEE WAGES OR GAS.
RENTER AGREES TO HAVE CREDIT/DEBIT CARD NUMBER RETAINED BY MR. BEACH RENTALS AND/OR ITS VENDORS TO BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN RENTAL EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY RENTER. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. RENTER AUTHORIZES MR. BEACH RENTALS TO CHARGE RENTERS CARD IN SUCH CASE WITH OR WITHOUT NOTIFICATION OR AUTHORIZATION. IN THE ABSENCE OF A VALID CREDIT CARD OR IN ADDITION TO THE CHARGES TO THE RENTERS CREDIT CARD, MR. BEACH RENTALS, LLC IN ITS SOLE DISCRETION, MAY DEMAND THE RENTER PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS, BUT NOT LIMITED TO CASH OR CERTIFIED CHECK.
THE UNDERSIGNED RENTER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE EQUIPMENT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND OTHER DAMAGES. AN INSPECTION OF THE EQUIPMENT WILL BE CONDUCTED BY BOTH THE RENTAL COMPANY AND RENTER PRIOR TO THE RENTAL PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED.
UPON RETURN OF THE EQUIPMENT, MR. BEACH RENTALS WILL CONDUCT A FINAL INSPECTION. RENTER WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE RENTAL EQUIPMENT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. MR. BEACH RENTALS, LLC HAS UP TO 48 HOURS AFTER RENTAL & PRIOR TO BEING RENTED AGAIN TO DISCOVER AND INFORM RENTER OF DAMAGE FOUND.
RENTER ACKNOWLEDGES AND UNDERSTANDS THAT RENTAL EQUIPMENT INCLUDES ACCESSORY ITEMS AND ALL REQUIRED EQUIPMENT PROVIDED BY MR. BEACH RENTALS AT DELIVERY WHICH MAY NOT BE LISTED ON INVOICES. BY SIGNING THIS AGREEMENT, THE RENTER ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS DELIVERED. UPON RETURN OF THE RENTAL EQUIPMENT, THE RENTAL COMPANY WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED WILL BE PAID FOR BY THE RENTER AS STATED HEREIN.
VII. GENERAL TERMS AND CONDITIONS
I CERTIFY THAT I HAVE RECEIVED ADEQUATE AND PROPER SAFETY AND OPERATIONAL INSTRUCTION FOR THE EQUIPMENT RENTED FROM MR. BEACH RENTALS, LLC AND AM CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF SUCH EQUIPMENT AND FOLLOWING ALL SAFETY INSTRUCTIONS. I AGREE NOT TO USE NOR PERMIT THE USE OF THE EQUIPMENT (A) FOR ANY UNLAWFUL PURPOSE; (B) IN A CARELESS, RECKLESS, OR NEGLIGENT MANNER; (C) WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS; (D) TO CARRY PASSENGERS OR PROPERTY IN EXCESS OF THE CRAFT’S RATED CAPACITY; (E) IN A RACE OR COMPETITION; OR (F) IN VIOLATION OF THE INSTRUCTIONS I RECEIVED FROM MR. BEACH RENTALS.
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES, AND ALL PREVIOUS DISCUSSIONS, UNDERSTANDINGS, REPRESENTATIONS, NEGOTIATIONS, AND AGREEMENTS WITH RESPECT TO THE MATTERS INCLUDED IN THIS AGREEMENT AND MERGED HEREIN. ADDITIONALLY, THE CONSIDERATION RECITED HEREIN IS THE FULL, COMPLETE AND ENTIRE CONSIDERATION FOR THIS AGREEMENT, AND THERE IS NO FURTHER CONSIDERATION TO BE PAID BY ANY PARTY TO ANY OTHER PARTY OTHER THAN AS RECITED HEREIN.
IF ANY PROVISION OR PART OF A PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE AGREEMENT SHALL REMAIN VALID AND ENFORCEABLE BY ANY PARTY.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NORTH CAROLINA IN THE EVENT MR. BEACH RENTALS, LLC PREVAILS IN ANY LITIGATION OR CLAIM RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED HEREIN, I AGREE TO PAY AND INDEMNIFY MR. BEACH RENTALS, LLC FOR ITS LITIGATION EXPENSES, INCLUDING LEGAL FEES AND COURT COSTS.
I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT I HAVE FULLY INFORMED MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THE AGREEMENT, AND THAT I HAVE REILED SOLELY ON MY OWN JUDGMENT IN EXECUTING THE DOCUMENT.
I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, WAIVER AND RELEASE OF ALL CLAIMS INCLUDING THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE OF LIABILITY, DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES AND THE COVENANT NOT TO SUE, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE OF THE RENTAL COMPANY’S EQUIPMENT. I ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I AGREE TO ASSUME RESPONSIBILITY, EVEN THOSE RISKS ARISING OUT OF NEGLIGENCE BY MR. BEACH RENTALS, OTHER PASSENGERS, RIDERS, AND/OR ALL PARTICIPANTS ON THE EQUIPMENT. MY AND OUR PARTICIPATION IN THE ACTIVITY IS PURELY VOLUNTARY. I ASSUME FULL RESPONSIBILITY FOR MYSELF AND ALL USERS OF THE EQUIPMENT, INCLUDING ANY MINOR CHILDREN, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR OTHER FAULT OF PASSENGERS, RIDERS, GUESTS AND OTHER PASSENGERS ON THE EQUIPMENT AND EVEN IF CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF THE RENTAL COMPANY AND/OR ITS REPRESENTATIVES.