Rental Agreement

Beach Caddy LLC

Beach Equipment Rental Agreement

This Beach Equipment Rental Agreement ("Agreement") is entered into between Beach Caddy LLC (the "Company") and the customer (the "Renter") as of the date the Renter checks the box on the Company's website (the "Effective Date").

1. Rental Terms

1.1 Rental Period: The rental period shall commence on the date of delivery and terminate on the date of pickup as specified in this Agreement.

1.2 Rental Items:

- Beach Cart: Custom Aluminium Beach Cart

- Accessories: Bungee Cords, Cart Handle, Combination Lock, Apple AirTag

- CoolCabana Canopy Tent and accessories

1.3 Rental Fee: The Renter agrees to pay the rental fee as specified in the Company's current pricing and rate sheet, available upon request or as provided at the time of reservation.

2. Renter's Responsibilities

2.1 Care and Use: The Renter agrees to use the rented items with care, in a manner consistent with their intended purpose, and in compliance with all applicable laws and regulations.

2.2 Return Condition: The Renter shall return the rented items in the same condition as received, ordinary wear and tear excepted. The Renter is responsible for any cleaning charges or repair costs incurred due to damage beyond normal use.

2.3 Prohibited Uses: The Renter shall not use the rented items for any illegal or prohibited purposes, including but not limited to:

- Transporting hazardous materials

- Engaging in any illegal activities

- Overloading the Beach Cart beyond its specified capacity

- Misusing or damaging the CoolCabana Canopy Tent

2.4 Unauthorized Alterations: The Renter shall not make any alterations, modifications, or attachments to the rented items without the prior written consent of the Company.

2.5 Unsafe Wind Conditions:

The Renter acknowledges and agrees that the CoolCabana Canopy Tent (the "Canopy") provided by Beach Caddy LLC should not be set up or used in unsafe wind conditions. Unsafe wind conditions may include, but are not limited to, high winds, gusty winds, stormy weather, or any other weather conditions that may pose a risk to the stability and safety of the Canopy.

It is the sole responsibility of the Renter to monitor weather conditions and assess whether it is safe to set up and use the Canopy. If, at any time, the Renter observes or anticipates unsafe wind conditions, they must promptly take down and secure the Canopy to prevent damage, injury, or accidents.

Beach Caddy LLC reserves the right to refuse the rental and/or setup of the Canopy if, in its sole discretion, weather conditions warrant such refusal. In the event of a refusal, no refund will be provided. The Renter understands and agrees that this decision is made with the primary concern for the safety and well-being of all parties involved.

Beach Caddy LLC shall not be held liable for any damages, injuries, or losses incurred due to the Renter's failure to adhere to this safety precaution. The Renter assumes full responsibility for the proper use, setup, and takedown of the Canopy in consideration of prevailing weather conditions.

3. Liability and Indemnification

3.1 Release of Liability: The Renter assumes all risks and liabilities associated with the use, operation, or possession of the rented items. The Company shall not be liable for any injuries, damages, losses, or claims arising from the Renter's use of the rented items.

3.2 Indemnification: The Renter agrees to indemnify and hold harmless the Company, its officers, employees, and agents from any claims, actions, damages, or liabilities arising from the Renter's use, operation, or possession of the rented items.

4. Reservation and Payment

4.1 Reservation: The Renter agrees to make a reservation for the rented items by checking the designated box on the Company's website, indicating their acceptance of the terms and conditions outlined in this Agreement.

4.2 Payment: The Renter shall pay the rental fee in accordance with the payment instructions provided on the Company's website.

5. Termination and Cancellation

5.1 Termination: The Company reserves the right to terminate this Agreement and reclaim the rented items at any time if the Renter breaches any terms or conditions outlined herein.

5.2 Cancellation: The Renter may cancel the reservation in accordance with the Company's cancellation policy, as specified on the website.

6. Miscellaneous

6.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, written or oral, relating to the subject matter hereof.

6.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New Jersey, USA.

6.3 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

By checking the designated box on the Company's website, the Renter acknowledges that they have read and understood the terms and conditions of this Agreement, including the rental of the CoolCabana Canopy Tent, and agree to be bound by them.

Beach Cart Rental Agreement Version 1.105.2 (2.5.2024)