Terms of Service

GetBeachShade.Com - Release Agreement

Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

Please read this agreement carefully! By agreeing to this Release Agreement you will waive certain legal rights, including the right to sue.

This release and waiver is between you, the equipment renter, and Monique Walker MacDonald, sole proprietor doing business as GetBeachShade.com.

Assumption of Risk: I am aware that swimming in the ocean is an activity that involves the risk of injury or even death. I am aware that there is a risk of negligence by GetBeachShade.com or it's agents or assigns, including the failure by GetBeachShade.com or it's agents or assigns to safeguard or protect me from or warn me of the risks, dangers and hazards of swimming in the ocean. I freely accept and fully assume all risks, dangers and hazards associated with participating in a GetBeachShade.com rental or event and the possibility of loss, personal injury or death resulting there from.

In consideration of participating in a GetBeachShade.com rental or event I hereby agree as follows:

  1. To waive any and all claims that I have or may in the future have against GetBeachShade.com and to release GetBeachShade.com from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next-of-kin may suffer as a result of my participation in a GetBeachShade.com rental or event due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of GetBeachShade.com, and further including the failure on the part of GetBeachShade.com to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in a GetBeachShade.com rental or event;
  2. To hold harmless and indemnify GetBeachShade.com from any and all liability for any property damage or personal injury to any third party resulting from my participation in a GetBeachShade.com rental or event ;
  3. This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
  4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of California and no other jurisdiction;
  5. Any litigation involving the parties to this Release Agreement shall be brought solely within the State of California;
  6. When engaging in the rental or use of GetBeachShade.com equipment I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period. SHOULD I DAMAGE OR LOSE (INCLUDING AS A RESULT OF THEFT) EQUIPMENT, I AGREE TO PAY THE COST OF REPLACING THE EQUIPMENT.
  7. At all times, in all situations, I understand I am ultimately responsible for safeguarding the rental equipment against theft or damages. I UNDERSTAND I AM RESPONSIBLE FOR ENSURING ALL ITEMS ARE ACCOUNTED FOR UPON CHECKOUT OF RESERVATION.
  8. Cancellations made 24 hours or more before scheduled reservation time will receive a full refund of the deposit fee, less a $25 processing fee. CANCELLATIONS MADE LESS THAN 24 HOURS BEFORE SCHEDULED RESERVATION TIME WILL NOT RECEIVE A REFUND AND WILL BE PAID IN FULL. 
  9. THERE ARE NO REFUNDS OR PARTIAL REFUNDS FOR INCLEMENT WEATHER, ILLNESS, EARLY EQUIPMENT RETURNS.
  10. All equipment must be returned in the same condition as it was provided.
  11. Rental items may require a Security Deposit for up to the value of the item or items at the time of pick up. This Security Deposit will be used in part or whole to cover any damages to or loss of items rented.
  12. Late arrivals to check in for your reservation will be subject to a $50 late arrival fee for every 30 minutes you are late for your scheduled reservation. After 120 minutes, your reservation will be canceled without a refund. 
  13. Late check outs departing your reservation will be subject to a $50 departure fee for every 20 minutes you are late for departing from your reservation. 
  14. If the participant is a minor, the parent or legal guardian warrants and represents that this Release Agreement, it's significance and the assumption of risk, has been explained to and understood by the minor child or ward. I hereby declare, under penalty or perjury, that I am the parent or legal guardian of the named participant.