THE BEACH SOCIETY LLC TERMS & CONDITIONS

The Beach Society LLC (“The Beach Society” or “we”) offers beach lounging equipment for rent and provides related experiences (collectively, “Services”). By booking or using any of our Services, you agree to the terms below and to any other written guidelines provided to you, which are incorporated herein by reference (collectively, “Terms”). Please read the Terms carefully as they constitute a binding agreement and include an assumption of risk, release of liability, and indemnification agreement by you.

Minimum Age: You must be at least 18 years old to book our Services. If you give anyone under 18 access to our equipment, you agree that they will be accompanied and supervised by an adult at all times.

Bookings and Payments: Bookings can be made via our website or via other methods we may designate from time to time. You may select from the locations and time slots we make available at our discretion. You agree to pay the amount due as indicated for your selection. Payment must be made in full at the time of booking. Bookings are subject to cancellation if payment is returned or not received.

Cancellations by You:

a. If you cancel your booking at least 24 hours prior to its start time, we will refund your payment in full. b. If you cancel your booking after 24 hours and up to three hours in advance we will refund your payment minus a $25 cancellation fee

Cancellations by The Beach Society:
The Beach Society reserves the right to cancel bookings due unexpected damage to or loss of equipment, overbooking, or other circumstances beyond our reasonable control.

If we cancel your booking for any of these reasons, you may:
a. Request a refund.
b. Request a new available date or time.
For refunds on reservations exceeding $500, a 3.5% credit card processing fee will be deducted to cover transaction costs.

Care of Equipment: You agree to exercise all due care in caring for and preserving the property of The Beach Society. You are responsible for all theft or loss of or damage to equipment for the duration of your booking, up to and including actual replacement value, plus loss of income or use. We will issue you an invoice for any such charges and authorize The Beach Society to charge the invoice amount to the credit card previously provided (or you may pay the invoice amount within 72 hours of receipt using another mutually agreed payment method). You are not responsible for normal wear and tear, but normal wear and tear does not include noticeable stains, tears, water damage, broken parts or other accidental damage incurred during your booking.

Limitation of Liability: Without limiting any other provision in these Terms, (a) The Beach Society is not liable for any indirect, special, or consequential damages; and (b) The Beach Society’s and its Related Parties’ maximum aggregate liability for all claims under or in connection with these Terms or the Services is the lower of $250 or the total amount received by the Beach Society from you.

Assumption of Risk: I am aware of and acknowledge, on behalf of myself and my guests, my spouse or domestic partner (as applicable), my heirs, next of kin, legal and personal representatives, successors, and assigns, and my estate (collectively, my “Related Parties”) that there are risks of illness, injury, death and property damage inherent in traveling, participating in group, beach or other outdoor activities, and specifically in the Services. I am also aware that such risks may result from, among other causes, the active or passive negligence of The Beach Society and its owners, employees, officers, operators, representatives, independent contractors, agents, and successors (collectively, the “Released Parties”). I understand that the Released Parties are providing no, or only limited, supervision with respect to the Services and that I am responsible for my and my guests’ individual conduct (including compliance with laws and regulations), health, safety, and property at all times. I am voluntarily allowing myself and my guests (including any minor children or other family members) to use the Services and to engage in the activities that may be offered as part of the Services, with knowledge of the risk of injury, illness, death, or property damage, and other associated risks, and I assume any and all known and unknown risks of injury, illness, death, and property damage that may result, including the risks of negligence, recklessness, intentional acts, or failure to act, by me or other participants or other individuals or parties, the risks associated with gathering (including as it relates to communicable diseases), and the risk of injury caused by the condition of any property, facility or transportation used in connection with the Services.

I understand and acknowledge that the above list is not complete or exhaustive and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death, or damage. I expressly agree to be responsible for my own and my guests’ welfare and fully assume all risks, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law.

Release: To the fullest extent permitted by law, I, voluntarily and without reservation, and realizing the full legal significance of my action, hereby expressly waive, renounce, and release, on behalf of myself and my Related Parties all claims, demands, rights, or causes of action of whatever nature against the Released Parties, including claims of any injury, illness, loss, damage, accident, delay, irregularity or expense caused by strikes, war or acts of terrorism, weather, sickness, quarantine, government restrictions, or arising from any act or omission of an airline, bus company, hotel, tour operator or supplier of travel services in connection with the Services. Further, I accept personal responsibility for any injury (including personal injury, disability, death), illness, damage, loss, claim, liability or expense, of any kind or nature that I or my property may suffer and I agree to release the Released Parties from any and all liability arising from or relating to such risks.

I expressly waive the benefit of California Civil Code section 1542 (and of any other statute or rule of law that, if applied to these Terms, would otherwise exclude from their binding effect any claims not known by me to exist which arose prior to my acceptance of these Terms). Section 1542 provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Indemnification: I agree to defend, indemnify and hold harmless the Released Parties for and against all demands, costs, losses, expenses, claims, recoveries, judgements and liabilities (including attorneys’ fees) of any nature arising out of or in connection with my or my guests’ use of the Services or equipment, including loss of or damage to property, violation of laws or regulations, and injuries or death sustained by any person(s), including myself.

Choice of Law; Jurisdiction and Venue: These Terms are governed by the laws of California. I submit to the jurisdiction of the courts serving California and waive any objection to venue.

Miscellaneous: All notices provided under these Terms must be in writing (which may be by email). Any amendments, third-party beneficiary rights, or waivers under these Terms must be express, in writing, and agreed to by both parties. These Terms constitute the entire agreement between the parties and supersede all other agreements relating to the same subject matter. If any part of these Terms is invalid, illegal, or unenforceable, the rest of these Terms will remain in effect.

I acknowledge that I have read these Terms. I understand that these Terms are a legally binding agreement and include an assumption of risk and release of liability on behalf of myself and my Related Parties, and an agreement by me to indemnify the Released Parties. I acknowledge that the Released Parties are materially relying on these Terms and are allowing my use of the Services and equipment due to their existence.