Terms of Service
This agreement ("Agreement") is entered into between Wheelies on the Beach, hereinafter referred to as the "Company", and the individual renter, hereinafter referred to as the "Renter", for the rental of a beach wheelchair. By signing this Agreement, the Renter acknowledges that they have read, understood, and agree to abide by the terms and conditions outlined herein.
Purpose of Rental
The beach wheelchair provided by the Company is intended solely for the purpose of assisting individuals with mobility impairments to access and enjoy beach areas. It is not designed, certified, or intended for use as a flotation device.
Prohibited Activities
a. The Renter agrees not to attempt wheelies or any other maneuvers that may compromise their safety or the integrity of the wheelchair.
b. The wheelchair is suitable for use on beaches only. Its use on sidewalks, boardwalks, or any hard surfaces may result in damage to the wheels and punctures.
c. The Renter shall avoid areas such as construction sites where the wheelchair may be exposed to hazards.
d. Attaching umbrellas to the wheelchair is strictly prohibited.
Renter Requirements
a. The Renter must be physically capable of sitting up independently in the wheelchair without assistance.
b. Renter represents that they are physically fit and capable for beach wheelchair use. Renter has no medical conditions that would affect their safety or health during the use of the beach wheelchair.
c. The use of seat belts is mandatory. Harnesses are not permitted.
d. Renter acknowledges there is a weight limit of 250 pounds per wheelchair and represents that Renter does not exceed the weight amount.
Cancellation Policy
a. A 48-hour notice is required for cancellation of reservations to avoid charges. b. No refunds will be issued for cancellations due to inclement weather, as weather conditions cannot be predicted.
c. Weekly rental cancellations will be prorated per day.
Care and Responsibility
a. The Renter is responsible for the proper use and care of the wheelchair at all times during the rental period.
b. The wheelchair must not be left unattended or outside overnight. It must be stored indoors in a secure location when not in use.
c. Chains and locks are provided by the Company for securing the wheelchair during the day.
d. The Renter is liable for any theft or damage to the wheelchair that occurs during the rental period.
Additional Services
Beach chairs and umbrellas are available as add-ons to the wheelchair rental. Additional charges may apply.
Acknowledgment of Risks
The Renter acknowledges that the use of the beach wheelchair involves certain inherent risks, including but not limited to injury, property damage, or theft. The Renter agrees to assume all risks associated with the use of the wheelchair and releases the Company from any liability for such risks.
Waiver & Release
On behalf of myself and my successors, assigns, heirs, devisees, estate, and executors (collectively, Successors), and to the fullest extent permitted by law, I unconditionally and forever release, waive, covenant not to sue, agree to hold harmless, and discharge Company and its affiliates and subsidiaries, along with each of their officers, directors, employees, agents, and contractors (collectively, Released Parties), from all claims, judgments, costs, damages, losses, expenses, and liabilities, whether arising under a theory of contract, warranty, negligence, strict liability, product liability, or any other theory, relating to any claim I may have now or in the future with respect to any death, disability, personal injury, property damage, property theft, pecuniary or other loss, damage, cost, or expense, including reasonable attorney’s fees (collectively, Damages), that may be suffered by me or any third party as a result of this rental, even if the Damages are caused solely by the recklessness, negligence, or fault of one or more Released Parties (collectively, Released Claims).
I specifically understand that Company and Released Parties are not insurers of my conduct, and I agree that this Agreement will prevent me and my Successors from bringing a lawsuit, claim, or other action against Company and Released Parties and from recovering any money damages, or other legal relief from Company and Released Parties in connection with any claims for Damages related to the Released Claims.
Indemnification:
The Renter agrees to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses arising out of or related to the Renter's use of the beach wheelchair, including but not limited to personal injury, property damage, or theft.
General Conditions
This Agreement should be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any court of law finds any provision of this Agreement to be unenforceable in any respect, it is my intention and understanding that the court will nonetheless enforce this Agreement to the maximum legal extent. To the extent permitted by applicable law, I waive the benefit of any provisions of any statute or other law that might adversely affect the rights of Company or Released Parties under this Agreement. This Agreement is governed by the laws of Florida, without reference to its choice of law rules. I irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located 3 at City of Jacksonville Beach, Neptune Beach, and Atlantic Beach Florida, with respect to any Released Claims, and I agree not to commence or prosecute any claim in any other court or jurisdiction.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Florida without regard to its conflict of law principles.
Entire Agreement & Acceptance by Renter
This Agreement constitutes the entire understanding and agreement between the Company and the Renter regarding the rental of the beach wheelchair and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral. I affirm that I am freely signing this Agreement as an acceptance of the terms and conditions of this Agreement. I certify that I have read this Agreement, that I fully understand its content, and that this Agreement cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
THIS IS A FULL AND COMPLETE LIABILITY RELEASE. PLEASE READ CAREFULLY BEFORE SIGNING.