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. Bookings are not final until confirmed by The Beach Society in writing. 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 5 days (120 hours)  prior to its start time, we will refund your payment in full.
b. If you cancel your booking at least 3 days (72 hours) but less than 7 days prior to its start time, we will issue you a credit for future use minus a 20% reservation change fee. 
c.If you cancel any booking at least 24 hours but less than 3 days (72 hours)  prior to its start time, you will receive a credit for future use in the amount originally paid minus a 50% rescheduling fee.
d. Any bookings cancelled on the same day of the reservation will not refunded or credited for future use.

Please note that large bookings (4+ beds) are subject to longer notification times for a full refund:
Minimum of 7 days notice for a full refund
5-7 days, credit only return with a 20% reservation change fee
1-4 days, credit only return with a 50% reservation change fee
Large reservations made 30 days or more in advance must be canceled two weeks in advance for a full refund.

Cancellations by The Beach Society: The Beach Society reserves the right to cancel bookings due to bad weather (such as rain, lightning, high winds or high tide), unexpected damage to or loss of equipment, your late arrival (as set forth below), or other circumstances beyond our reasonable control.
If we cancel your booking for any of these reasons, you may:
a. Request a refund.
b. Credit for future use.

Credits: If you receive a credit for future use, the Services to which the credit is applied must be completed within one year from the date you made the original booking. If you wish to apply your credit to services costing more than the amount of the credit, you are responsible for the difference. Use of credits is subject to availability and to these Terms. 

Late Arrival: 

a. You will be given a 15 minute grace period to arrive for your booked reservation time. If you arrive after the 15 minute grace period, you will be charged a $20 fee and an additional $20 every 15 minutes thereafter. 

b. You must contact The Beach Society if you plan to be more than 15 minutes late. 

c. After 25 minutes, The Beach Society may opt to cancel the booking (with no refund or credit due to you) or to leave the equipment on the beach, in which case you remain responsible for damage, theft, or loss as set forth below until the scheduled end time of your booking.

Care of Equipment: You agree to exercise all due care in caring for and preserving the property of The Beach Society. The Beach Society determines the exact placement of all equipment and any re-location requests by you are at The Beach Society’s discretion and may be subject to additional fees. For safety reasons, you agree not to move any umbrellas and to keep all other equipment in the same general area where it was placed by 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. 

Third-Party Vendors:  If we agree, at your request, to coordinate the booking, payment, and/or delivery of third-party products or services to complement your experience (“Third Party Offerings”), we may charge a fee for our coordination efforts, in which case we will notify you in advance. Third Party Offerings are not part of our Services and are the sole responsibility of the third-party vendor.

No Warranties: The Beach Society makes no warranties, express or implied, of any kind with respect to any Services or equipment, and expressly disclaims all warranties, including any warranty of merchantability of the equipment, its fitness for a particular purpose, its design or condition, or its quality, capacity, or workmanship. All Services and equipment are provided as-is.

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.