Rental Terms and Agreement

 

USER AGREEMENT

Beach Equipment Rental Agreement, Waiver of Liability and Release

In consideration of Renter’s use of the Beach Equipment (defined below) provided by P.O.P BEACH EQUIP RENTALS LLC (“POP BEACH RENTALS”), POP BEACH RENTALS requires that You (“Renter”, “You”, or “Your”) agree to all terms and conditions in this Beach Equipment Rental Agreement, Waiver of Liability, and Release (“Agreement”).  The “Services” provided by POP BEACH RENTALS are the rental of Beach Equipment and related services. “Beach Equipment” means any of the following: Beach cart, Umbrella, Cooler, Ice packs, Beach Chair, Corn Hole 8 bean bag, Football, Shovel and pail, Boogie board, Bicycle, and any other item POP BEACH RENTALS may offer for rent from time to time. 

You should CAREFULLY READ all terms and conditions before entering into this Agreement.

1.  GENERAL RENTAL AND USE OF BEACH EQUIPMENT

1.1  Renter assumes all responsibilities and risks for any injuries or medical conditions.

1.2   Renter agrees that the Beach Equipment and any equipment attached thereto, at all times, remain the exclusive property of P.O.P BEACH EQUIP RENTALS LLC.  Renter will not make any modification to the Beach Equipment at any time.

1.3  Beach Equipment must be rented within the maximum rental time limits set forth from time to time.  Beach Equipment is limited and Beach Equipment availability is never guaranteed.

1.4  Renter agrees to follow all laws pertaining to the use or use of the Beach Equipment, including all California state and local laws and the rules and regulations in the Cities in Los Angeles County.

1.5  Renter must report any damage, personal injury, stolen or lost Beach Equipment, immediately or as soon as possible. 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 damaged, stolen and/or lost Beach Equipment.

1.6 Renter agrees to pay for destruction or loss of Beach Equipment and for any damage, including replacement parts incurred directly or indirectly associated with the use of Beach Equipment. In the event the Beach Equipment or other equipment is missing or damaged beyond repair, regardless of fault or cause, Renter agrees to pay POP BEACH RENTALS up to the full replacement value of the Beach Equipment and/or equipment. Replacement value of the Beach Equipment are as follows (on a per item basis): Beach cart $160, Umbrella $50, Cooler $45, Ice packs $7, Beach Chair $85, Corn Hole 8 bean bag $45, Football $20, Shovel and pail $15 and Boogie board $65, Bicycle single speed $350, 3 speed $400, 7 speed $450, Bicycle basket $50, Bicycle bell $35, Bicycle lock $40, Bicycle helmet $45, Bicycle parts, ex. seat, wheel, cost depends on replacement part. POP BEACH RENTALS reserves the right to update the aforementioned costs from time to time. POP BEACH RENTALS reserves the right to keep any fees associated with missing, stolen, or damaged equipment, even after the Beach Equipment is recovered.  

1.7  Promo codes (discounts) are one-time offers. POP BEACH 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.

1.8 Beach Equipment not returned within the agreed upon rental period will be considered missing or stolen, and Renter may be charged (a) up to the full replacement value of the item, or (b) the rental rate shall until such items are returned. POP BEACH RENTALS reserves the right to keep any fees associated with missing, stolen, or damaged equipment, even after the Beach Equipment is recovered. POP Beach Rentals reserves the right to press criminal charges against the Renter in the event that the Renter does not pay replacement fees associated with the destruction and/or loss of the Beach Equipment. Renter's right of possession terminates upon the expiration of rental period set forth on the contract. Time is of the essence in this contract. Any extension must be agreed upon in writing.

1.9 POP BEACH RENTALS reserves the right to contact the Renter via text messages for reasons other than Marketing and promotions, including rental confirmation, at any time until the Beach Equipment is returned, regardless of the Renter’s choice to opt out from receiving text messages during registration or when renting a Beach Equipment. Message and data rates may apply.

1.10 Renter must input a valid credit or debit card number and expiration date before Renter will be registered to rent the Beach Equipment. There may be a temporary hold of funds on a Renter’s credit card during Beach Equipment rental. Renter represents and warrants to POP BEACH RENTALS that Renter is authorized to use any cards Renter furnishes to POP BEACH RENTALS. Renter authorizes POP BEACH RENTALS to charge card for all fees incurred by Renter.  If Renter disputes any charge on credit or debit card account, then Renter must contact POP BEACH RENTALS within 10 business days from the end of the month with the disputed charge, provide to POP BEACH RENTALS all rental information that is necessary to identify the disputed charge, such as the date of the rental and the approximate starting and ending times.  Renter agrees to immediately inform POP BEACH RENTALS of all changes relating to card.

2.  RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK

2.1  Releases.  “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including 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 Services, including rental of any of the Beach Equipment, or (b) Renter’s use of any of the foregoing.  “Released Persons” means, collectively, (i) POP BEACH RENTALS and all of its owners, members, managers, affiliates, employees, agents, representatives, successors, and assigns. In exchange for Renter being allowed to use any of the Beach Equipment, Renter (acting for Renter and for all of Renter’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Renter has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended 3rd beneficiaries of such releases.  Renter expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of POP BEACH RENTALS and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Beach Equipment.

2.2  Disclaimers.  RENTER DOES HEREBY ACKNOWLEDGE AND AGREE THAT RENTER’S USE OF ANY OF THE BEACH EQUIPMENT IS AT RENTER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO RENTER’S USE OF THE BEACH EQUIPMENT, POP BEACH 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 SERVICES AND BEACH EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND RENTER RELIES ON THEM SOLELY AT RENTER’S OWN RISK). POP BEACH RENTALS AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES OR BEACH EQUIPMENT WILL BE IN GOOD REPAIR, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES OR THE BEACH EQUIPMENT. RENTER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES OR BEACH EQUIPMENT, AND POP BEACH RENTALS AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. RENTER ASSUMES FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO RENTER’S STOLEN OR MISSING BEACH EQUIPMENT.

2.3  Limited Liability.  RENTER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, POP BEACH RENTALS AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) RENTER’S USE OF, OR INABILITY TO USE, ANY OF BEACH EQUIPMENT, (C) RENTER’S BREACH OF THIS AGREEMENT OR RENTER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RENTER, (E) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. RENTER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF POP BEACH RENTALS OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF POP BEACH RENTALS AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO RENTER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RENTER, AND RENTER MIGHT HAVE ADDITIONAL RIGHTS.

2.4  Assumption of Risk by Renter.  Renter is solely and fully responsible for the safe use of the Beach Equipment at all times. Renter agrees that use of a Beach Equipment involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Renter or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Renter agrees that such risks, dangers, and hazards are Renter’s sole responsibility. Renter agrees that if Renter’s use of the Beach Equipment causes any injury or damage to another person or property, then Renter may be liable for all resulting injuries, damages, and related costs. By choosing to rent the Beach Equipment, Renter assumes full and complete responsibility for all related risks, dangers, and hazards, and Renter agrees that POP BEACH RENTALS and all other Released Persons are not responsible for any injury, damage, or cost caused by Renter with respect to any person or property, including the Beach Equipment itself. 

3. ADDITIONAL TERMS OF USE

3.1  Safety Check. Before each use of a Beach Equipment, Renter shall conduct a basic safety inspection of such Beach Equipment. Renter agrees not to use the Beach Equipment if there are any noticeable issues, and to immediately notify customer service to alert POP BEACH RENTALS of any problems.

3.2  Missing or Stolen Beach Equipment. If a Beach Equipment is not returned within 24 consecutive hours after end of the rental period, the Beach Equipment is deemed missing or stolen. Renter’s credit or debit card may be charged a fee up to the full value of the equipment. POP BEACH RENTALS reserves the right to keep any fees associated with missing, stolen, or damaged equipment, even after the Beach Equipment is recovered. 

3.3  Cancellations. No refunds will be provided for cancellations made 24 hours or less before the start of the rental period.

4.  PROHIBITED ACTS

Renter must:

4.1  not use a Beach Equipment while under the influence of any alcohol, drugs, any medication or other substance that may impair Renter’s ability to safely use a Beach Equipment.

4.2  not violate any applicable federal, state, or local law.

4.3  not dismantle or modify a Beach Equipment in any way.  

4.4  never leave Beach Equipment on the beach unattended.

4.5  return Beach Equipment free of debris, trash or waste.

4.6  return the Beach Equipment on the date and time agreed to by the parties, in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location.

5.  TERM AND TERMINATION

5.1  The term of this Agreement begins when Renter first uses the Service, and the term ends 90 days after Renter’s last use of the Service; provided, however, that Renter’s personal financial responsibility under this Agreement expires one year after the Renter’s last use of the Beach Equipment.

5.2  At any time and from time to time, and without Renter’s consent, POP BEACH RENTALS may unilaterally terminate Renter’s right to use the Service, in POP BEACH RENTALS’ sole discretion and without any notice or cause. Renter may terminate Renter’s use of the Service at any time; provided, however, that (i) no refund will be provided by POP BEACH RENTALS, (ii) the term of this Agreement continues in accordance with this Agreement, (iii) 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 Renter’s right to use any of the Service, regardless of how the Agreement is terminated.

5.3  If the Beach Equipment is not returned within the Maximum rental time, POP BEACH RENTALS reserves the right to keep any fees associated with missing, stolen, or damaged equipment, even after the Beach Equipment is recovered.  

7.  CONFIDENTIALITY OF INFORMATION

POP BEACH RENTALS may not sell or otherwise provide to any other person or entity personally identifiable information of any person who rent Beach Equipment with the following exceptions and conditions:

7.1  POP BEACH RENTALS may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. 

7.2  POP BEACH RENTALS, may utilize personal information when performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the system. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.

8.  MISCELLANEOUS 

8.1 Notice. POP BEACH RENTALS may be contacted by calling or emailing POP BEACH RENTALS at 424-218-6871 or CONTACTUS@POPBEACHRENTALS.COM.

8.2  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 California, 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 California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Los Angeles County, California; and (iv) the parties must submit the dispute to mandatory mediation held in the State of California. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

8.3  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.

8.4  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.

8.5  Final Agreement; Modification by POP BEACH 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 Renter’s consent, POP BEACH RENTALS may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any Service after any amendment, modification, or change, Renter has agreed to be bound by all such amendments, modifications, and changes. 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, POP BEACH RENTALS will post a notification on the Website.  The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

8.6  Contract Interpretation.  The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not 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.

By accepting these terms, I certify that I am 18 years of age or older. All instructions on the use of my rental equipment have been made clear to me, and I understand the use and function of my equipment. I, the undersigned, intending to be legally bound and in consideration of the equipment provided for my use, have read and understand the rental and release agreement above and agree to be bound by all of the above terms and conditions including the limitation of liability of P.O.P BEACH EQUIP RENTALS LLC.