Beach Life Rentals, INC Safety and Responsibility Liability Contract
Thank you for choosing to rent our beach equipment. We hope you enjoy the benefits of being able to cruise the beach and utilize all of your natural surroundings. This is a formal contract and receipt guaranteeing that both sides of the agreement are explained and understood.
Rules and Rental Agreement
RIDER OR RENTER AGREEMENT
Waiver of Liability and Release
Effective Date: January 22, 2020
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
In consideration of Your use of any of the Beach Life Rentals, INC Services (defined below) provided by Beach Life Rentals, INC (“Beach Life Rentals”) requires that You (“Rider,” “Renter,” “You,” or “Your”) (acting for all of Renter’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Beach Life Rentals INC Rental Agreement, Waiver of Liability, and Release (“Agreement”).
The services provided by Beach Life Rentals INC and Beach Life Rentals INC Owner Affiliates include (1) Beach Life Rentals INC mobile application and related website, (2) Beach Life Rentals INC Vehicles and Equipment (“Vehicle,” “Equipment,” or “Vehicles”), (3) discretionary charging of the Vehicle per Section 1.15 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by Beach Life Rentals INC (collectively, the “Beach Life Rentals”). In addition to the Terms of Service, located at https://www.beachliferentals.com/terms, You expressly agreed to when you signed up for and agreed to rent from Beach Life Rentals, You should CAREFULLY READ all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that Beach Life Rentals wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them where defined in this Agreement.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW.
The Vehicle or Equipment must be locked at the conclusion of the ride. If the Vehicle or Equipment is not locked, the trip or rental will continue, and You will continue to be charged. The max charge for a single trip or rental is $100 for 24 hours. For more details, please refer to Section 2.3 below.
Upon conclusion of Your ride or rental, the Vehicle or Equipment must be parked at a lawful parking spot, i.e. the Vehicle or Equipment cannot be parked on unauthorized private property or in a locked area or in any other non-public space. All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet or other protective gear laws in Your area. You must promptly report any damaged or malfunctioning Vehicles or Equipment to Beach Life Rentals via the Beach Life Rentals website, http://www.beachliferentals.com /contact or Beach Life Rentals e-mail at email@example.com Beach Life Rentals and its Owner Affiliates expressly agrees to let, and the Rider or Renter expressly agrees to take on, rental of the Vehicle or Equipment subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.
1. GENERAL RENTAL AND USE OF VEHICLE.
1.1 Rider or Renter is Sole User. Beach Life Rentals, its Owner Affiliate and the Rider or Renter are the only parties to this Agreement. The Rider or Renter is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle or Equipment from the location, the Vehicle or Equipment must be used only by You. You must not allow others to use a Vehicle or Equipment that You have activated or rented from the location.
1.2 Rider or Renter is At Least 18 Years. Rider or Renter represents and certifies that Rider or Renter is at least 18 years old.
1.3 Rider or Renter is a Competent Vehicle Operator. Rider or Renter represents and certifies that he/she is familiar with the operation of the Vehicle or Equipment, and is reasonably competent and physically fit to ride the Vehicle or Equipment. You can find materials on the Vehicle or Equipment operation here. This information may be updated periodically. By choosing to ride or rent a Vehicle or Equipment, Rider or Renter assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle or Equipment. You are advised to adjust Your riding or renting behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
1.4 Vehicle is the Exclusive Property of Beach Life Rentals Owner Affiliates. Rider or Renter agrees that the Vehicle or Equipment and any equipment attached thereto, at all times, remain the exclusive property of Beach Life Rentals Owner Affiliates. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle or Equipment, any part of a Vehicle or Equipment, or other attached equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle or Equipment in any way. You must not use a Vehicle or Equipment, or other attached equipment, for any advertising or other commercial purpose without the express written permission of Beach Life Rentals.
1.5 Vehicle Operating Hours and Vehicle Availability. Rider agrees and acknowledges that the Vehicles or Equipment are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles or Equipment must be rented within the maximum rental time limits set forth below. The number of Vehicles or Equipment are limited and Vehicle Equipment availability is never guaranteed.
1.6 Rider or Renter Must Follow Laws Regarding Use and/or Operation of Vehicle or Equipment. Rider or Renter agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle or Equipment, including all state and local laws and the rules and regulations pertaining to Vehicles or Equipment in the area where You are operating the Vehicle or Equipment , including any helmet laws. Rider or Renter also agrees to act with courtesy and respect toward others while using the Beach Life Rentals Services.
1.7 Prohibited Acts. Rider or Renter agrees to the following: Beach Life Rentals recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle or Equipment. If You choose to use such an item, Beach Life Rentals recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle or Equipment safely. You must not place heavy objects on the handlebar of the Vehicle or Equipment, such as heavy backpacks or bags. While riding or renting a Vehicle or Equipment, You undertake not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle or Equipment safely. You undertake not operate a Vehicle or Equipment while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle or Equipment safely. You undertake not carry any heavy or abnormally large carry-on, second person or child on a Vehicle or Equipment. You may only use locking mechanisms provided by Beach Life Rentals. You may not add another lock to the Vehicle or Equipment or lock a Vehicle or Equipment to anything not specified by Beach Life Rentals. The Vehicle or Equipment must be parked at a lawful parking spot, in an upright position using the kickstand when necessary. The Vehicle or Equipment cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non-public space. You should not park the Vehicle or Equipment in heavily trafficked areas if the Vehicle or Equipment is in danger of being knocked down. The Vehicle or Equipment must be parked in a space that is visible.
1.8 Vehicle or Equipment is Intended for Only Limited Types of Use. Rider agrees that he/she will not use the Vehicle or Equipment for racing, mountain riding, or stunt or trick riding. Rider or Renter agrees that he/she will not operate and/or use the Vehicle or Equipment on unpaved roads, through water (beyond normal urban riding or unless renting a watersport equipment), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider or Renter agrees that he/she will not use the Vehicle or Equipmentfor hire or reward, nor use it in violation of any law, ordinance or regulation.
1.9 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle or Equipment (220 pounds).
1.10 No Tampering. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Beach Life Rentals Services other than as specified in this Agreement.
1.11 Reporting of Damage or Crashes. Rider or Renter must report any accident, crash, damage, personal injury, or stolen or lost Vehicle or Equipment to Beach Life Rentals as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle or Equipment, Rider or Renter shall file a report with the local police department within 24 hours. Rider or Renter agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle or Equipment.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE OR EQUIPMENT. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.
1.12 Rider or Renter Responsibility for Vehicle or Equipment Use and Damage. Rider or Renter agrees to return the Vehicle or Equipment to Beach Life Rentals in the same condition in which it was rented. Rider or Renter will not be responsible for normal wear and tear.
1.13 Electric Vehicle or Equipment. Some of the rentals use a Vehicle or Equipment that is an electric Vehicle or Equipment that requires periodic charging of its battery in order to operate. Rider or Renter agrees to use and operate the Vehicle or Equipment safely and prudently in light of the Vehicle or Equipment being an electric Vehicle or Equipment and all of the limitations and requirements associated therewith. Rider or Renter understands and agrees with each of the following: The level of charge power remaining in the Vehicle or Equipment will decrease with use of the Vehicle or Equipment (over both time and distance), and that as the level of charge power of the Vehicle or Equipment decreases, the speed and other operational capabilities of the Vehicle or Equipment may decrease (or cease in their entirety). The level of charging power in the Vehicle or Equipment at the time Rider or Renter initiates the rental or operation of the Vehicle or Equipment is not guaranteed and will vary with each rental use. The rate of loss of charging power during the use of the Vehicle or Equipment is not guaranteed and will vary based on the Vehicle or Equipment, road conditions, weather conditions, and other factors. It is Rider’s or Renter’s responsibility to check the level of charge power in the Vehicle or Equipment and to ensure that it is adequate before initiating operation of the Vehicle or Equipment. The distance and/or time that Rider or Renter may operate the Vehicle or Equipment before it loses charging power is never guaranteed. The Vehicle or Equipment may run out of charging power and cease to operate at any time during Rider’s or Renter’s rental of the Vehicle or Equipment, including before reaching Rider’s or Renter’s desired destination.
1.14 Charging of Vehicle or Equipment. If the Vehicle or Equipment runs out of charging power during a rental, Rider or Renter shall conclude the ride in compliance with all terms of this Agreement. Alternatively, in Rider’s or Renter’s sole discretion, Rider or Renter may charge the Vehicle or Equipment only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose. Rider or Renter agrees to follow all laws and rules pertaining to the charging of the Vehicle or Equipment, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider or Renter is charging the Vehicle or Equipment. Rider or Renter agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle or Equipment, and that Beach Life Rentals will not reimburse Rider or Renter for such. Consistent with Section 1.14, Rider or Renter agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to charging of the Vehicle or Equipment. By choosing to charge a Vehicle or Equipment, Rider or Renter assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider or Renter agrees that Beach Life Rentals and all other Released Persons (defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider or Renter with respect to any person or property, including the Vehicle or Equipment itself, directly or indirectly related to the charging of the Vehicle or Equipment.
2. PAYMENT AND FEES.
2.1 Fees. Rider or Renter may use the Vehicle or Equipment on a pay per ride basis or as otherwise in accordance with the pricing described on http://beachliferentals.com/pricing. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Beach Life Rentals. Beach Life Rentals will charge the Rider or Renter(through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.
2.2 Promo Codes. Promo codes (discounts) are one-time offers and can be redeemed only via a Beach Life Rentals associate. Beach Life Rentals reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
2.3 Maximum Rental Time and Charges for Electric Vehicles. Maximum rental time is 10 hours. Rider agrees that Rider will deactivate the Vehicle rental within 10 hours of renting a Vehicle. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle. The maximum day charge is $100 and is based on a calendar day. After return of the Vehicle, Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less. Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to $500 and a police report may be filed. The Company may also charge a service fee of $25 for rentals in excess of 10 hours where the Vehicle is not lost or stolen.
2.4 Valid Credit Card or Debit Card. To be registered to use the Beach Life Rentals Services, Rider or Renter must provide Beach Life Rentals with a valid credit or debit card number and expiration date. Rider or Renter represents and warrants to or Beach Life Rentals that Rider or Renter is authorized to use any credit or debit card Rider or Renter furnishes to or Beach Life Rentals. Rider or Renter authorizes or Beach Life Rentals to charge the card for all fees incurred by Rider or Renter. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by or Beach Life Rentals. If Rider or Renter disputes any charge on Rider’s or Renter’s credit or debit card account, then Rider or Renter must contact Beach Life Rentals within 10 business days from the end of the card billing period at dispute@rideFiik.com or firstname.lastname@example.org with the disputed charge, and provide to Beach Life Rentals all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride or rental associated with the disputed charge. Rider or Renter agrees to immediately inform Beach Life Rentals of all changes relating to the card.
2.5 Pick Up Fees. If You are unable to return a Vehicle to a valid area (i.e. You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up Beach Life Rentals Owner Affiliates at its sole discretion, may choose to charge You a pick-up fee up to $80. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently $80.00) to recover the Vehicle. Fees are subject to change.
3.1 Safety Check. Before each use of a Vehicle, Rider or Renter shall conduct a basic safety inspection of the Vehicle or Equipment, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need for Vehicle or Equipment. Rider or Renter agrees not to ride or rent the Vehicle or Equipment if there are any noticeable issues, and to immediately notify customer service at email@example.com to notify Beach Life Rentals of any problems.
3.2 Lost or Stolen Vehicle or Equipment. A Vehicle or Equipment may be deemed lost or stolen if (a) the Vehicle or Equipment is not returned within 10 consecutive hours, (b) the Vehicle’s or Equipment’s GPS unit is disabled, (c) the Vehicle or Equipment is parked on unauthorized private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) the Vehicle or Equipment moves more than thirty feet after a rental has ended and Beach Life Rentals believes such movement was not caused by another Rider or Renter or authorized third party, or (e) other facts and circumstances that suggest to Beach Life Rentals in its reasonable, good faith determination that a Vehicle or Equipment has been lost or stolen. Beach Life Rentals and You agree that the last Rider or Renter of a Vehicle or Equipment shall be responsible for a lost or stolen Vehicle or Equipment unless facts and circumstances suggest otherwise to Beach Life Rentals in its reasonable, good faith determination. If Beach Life Rentals deems a Vehicle or Equipment lost or stolen, Beach Life Rentals shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider or Renter of a Vehicle or Equipment or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider or Renter agrees the data generated by Beach Life Rental’s computer is conclusive evidence of the period of use of a Vehicle or Equipment by a Rider or Renter. Rider or Renter agrees to report Vehicle or Equipment disappearance or theft to Beach Life Rentals immediately or as soon as possible at firstname.lastname@example.org.
3.3 Helmets and PFD; Safety. Beach Life Rentals recommends that all Riders or Renters wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Beach Life Rentals and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet, and Rider or Renter agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Beach Life Rentals Services, whether or not Rider or Renter is wearing a helmet at the time of injury. Rider or Renter assumes all risk of not wearing a helmet or other protective gear. Rider or Renter may need to take additional safety measures or precautions not specifically addressed in this Agreement. Beach Life Rentals recommends that all Riders or Renters Rider or Renter wear an appropriate PFD when riding or renting watersport Vehicles or Equipment. Beach Life Rentals and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any PFD, and Rider or Renter agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Beach Life Rentals Services, whether or not Rider or Renter is wearing a PFD at the time of injury. Rider or Renter assumes all risk of not wearing a PFD or other protective gear. Rider or Renter may need to take additional safety measures or precautions not specifically addressed in this Agreement.
3.4 Vehicle or Equipment Routes. Rider agrees that Beach Life Rentals does not provide or maintain places to ride or rent Vehicles or Equipment, and that Beach Life Rentals does not guarantee that there will always be a safe place to ride or rent a Vehicle or Equipment. Roads, sidewalks, vehicle lanes, vehicle routes, beaches, and waterways may become dangerous due to weather, traffic, or other hazards.
3.5 Limitations on Vehicle or Equipment Rental. Rider or Renter agrees that Beach Life Rentals is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider or Renter individually, including public buses and rail service, taxis, and pedestrian paths. Beach Life Rentals provides Vehicles or Equipment only as a convenience or recreation, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle or Equipment on their own and who have agreed to all terms and conditions of this Agreement.
3.6 Limitations on Availability of Beach Life Rentals Services. Beach Life Rentals makes every effort to provide Beach Life Rentals Services 365 days per year, but does not guarantee that Beach Life Rentals Services will be available at all times, as unforeseen events or other circumstances might prevent Beach Life Rentals from providing the Beach Life Rentals Services. Access to Beach Life Rentals Services is also conditioned on the availability of Vehicles or Equipment. Beach Life Rentals does not represent or warrant the availability of any of Beach Life Rentals Services or the availability of any Vehicle or Equipment at any time. Rider or Renter agrees that Beach Life Rentals may require Rider or Renter to return a Vehicle or Equipment at any time.
4.1 Termination by Beach Life Rentals. At any time and from time to time, and without Rider’s or Renter’s consent, Beach Life Rentals may unilaterally terminate Rider’s or Renter’s right to use the Beach Life Rentals Services, in Beach Life Rentals’ sole discretion and without any notice or cause. Rider or Renter may terminate Rider’s or Renter’s use of the Beach Life Rentals Services at any time; furthermore (i) at its discretion no refund will be provided by Beach Life Rentals, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) Rider or Renter may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s or Renter’s right to use any of the Beach Life Rentals Services, regardless of how the Agreement is terminated.
6. License to Image and Likeness. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Beach Life Rentals and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Beach Life Rentals Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Beach Life Rentals and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Beach Life Rentals Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Beach Life Rentals may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
7. Notice. Beach Life Rentals may be contacted by emailing email@example.com.
8. Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Florida, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Florida and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Miami.
9. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1 Initial Dispute Resolution Rider or Renter Support is available via the app to address any concerns you may have regarding your use of a Vehicle or Equipment and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
9.2 Binding Arbitration If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use and rental of a Vehicle or Equipment, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Beach Life Rentals will pay the additional cost. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
9.3 Location The arbitration will take place in a mutually agreed upon location.
9.4 Class Action Waiver The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
YOU AND BEACH LIFE RENTALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
9.5 Litigation of Intellectual Property and Small Claims Court Claims Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
9.6 Right to Opt Out You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Beach Life Rentals, 691 1st Street North, Jacksonville Beach, FL 32250. The notice must be sent within 30 days of the effective date or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Beach Life Rentals also will not be bound by them.
9.7 Changes to this Section Beach Life Rentals will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period. For any dispute not subject to arbitration you and Beach Life Rentals agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Miami, Florida. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
10. Waiver and Severability. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
11. Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
12. Final Agreement; Modification by Beach Life Rentals. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Rider’s or Renter’s consent, Beach Life Rentals may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Beach Life Rentals Services after any amendment, modification, or change, Rider or Renter has agreed to be bound by all such amendments, modifications, and changes. Rider or Renter must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Beach Life Rentals will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
13. Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
14. Voluntary Execution of this Agreement. This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Beach Life Rentals. Rider or Renter acknowledges that he/she
(a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.
15. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK. In exchange for Rider or Renter being allowed to use Beach Life Rentals Services, Vehicles or Equipment, and other equipment or related information provided by Beach Life Rentals and / or its Owner Affiliates, Rider or Renter agrees to fully release, indemnify, and hold harmless Beach Life Rentals and all of its owners, managers, affiliates, partners, subsidiaries, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide Beach Life Rentals Services, and every sponsor of any of the Beach Life Rentals Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Rider’s or Renter’s use of the Beach Life Rentals Services, Vehicles or Equipment, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or renter or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Beach Life Rentals Services, including any of the Vehicles or Equipment, placement, equipment, maintenance, related information, this agreement or (b) Rider’s or Renter’s use of any of the foregoing. To the fullest extent permitted by law, and as to Rider’s or Renter’s use of any of the Beach Life Rentals Services, Vehicles or Equipment, or related equipment, Beach Life Rentals and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Beach Life Rentals Services, Vehicles or Equipment, and related equipment are provided “as is” and “as available,” and Rider or Renter relies on them at Rider’s or Renter’s own risk. Rider or Renter is aware that Rider’s or Renter’s use of any of the Beach Life Rentals Services, Vehicles or Equipment, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or Renter or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to: vehicles and other objects; pedestrians; traffic; Vehicle or Equipment or component malfunction; road conditions; weather conditions; failure to follow applicable laws regarding use and/or operation of the Vehicle or Equipment pursuant to Section 1.7; commission of any of the prohibited acts listed in Section 1.8; failure to perform the required safety check pursuant to Section 3.1; failure to wear a helmet or PFD where required by law; and negligent acts or omissions by Bach Life Rentals any other Released Person, Rider or Renter, or third party. Rider or Renter is solely and fully responsible for the safe operation of Vehicle or Equipment at all times. Rider or Renter agrees that Vehicles or Equipment are machines or equipment that may malfunction, even if the Vehicle or Equipment is properly maintained and that such malfunction may cause injury. Rider or Renter assumes full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Beach Life Rentals, the Released Parties, any Municipality or any other party. Rider or Renter hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Rider or Renter does not know or suspect to exist in his or her favor at the time of use of Beach Life Rentals Services, and expressly waives Rider’s or Renter’s rights under any statutes that purport to preserve Rider’s or Renter’s unknown claims.
RIDER OR RENTER ACCEPTANCE OF AGREEMENT I certify that I have read and expressly agree to the terms and conditions of Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle or Equipment and am reasonably competent and physically fit to ride or rent the Vehicle or Equipment. I certify that I am the Rider or Renter, I am 18 years old or over, I will wear a helmet or PFD and any other safety gear where required by law, I will not ride a Fiik branded scooter or other rental Equipment with another occupant or an unreasonably heavy load, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions set forth in this Agreement.