TERMS
By reserving this date, time, location, and submitting this payment, you agree to the below terms and conditions and BEACH NOW LLC Liability Waiver:
You must be 18 years of age or older to book an experience with Beach Now, LLC. Any minors that take part in an experience must be accompanied by an adult.
- BOOKINGS & PAYMENTS, CANCELLATIONS, DAMAGES and REFUNDS,
BOOKINGS
Bookings may be made through our online booking system. Note that a booking is not confirmed, and there is no contract between us until we confirm your booking
PAYMENTS
Payments are to be received in full upon booking unless arrangements have been agreed to by Beach Now LLC an in no case would be less then a 50% non refundable deposit which applies specifically to Custom Experiences over our minimum spend of $3,000
CANCELLATIONS
Cancellations made by Beach Now, LLC: In the event it becomes necessary due to safety, health beyond your control to cancel your booking we will let you know as soon as possible. In these circumstances, BEACH NOW will extend a credit equal to the payment amount rendered to be applied to a future booking.
Cancellations made by you: If you decide to cancel your reservation, it is not the policy of Beach Now to issue a refund. Instead the following terms apply:
- 48 hours prior to reservation start: you will receive a credit equal to the payment amount rendered to be applied to a future booking.
- Less than 48 hours prior to reservation start: No refunds or credit.
- Cancellations based on unfavorable weather conditions (namely significant winds or rain) will be made at the sole discretion of Beach Now and may result in the offer a credit for future booking if approved by the Beach Now team.
Damages: You agree to leave the beach lounge in clean, undamaged condition to avoid any additional charges for repair, maintenance or replacement. Customer accepts use of the equipment, AS IS, in good condition and accepts full responsibility for care of the equipment while under his/her possession. Damaged parts or components will be repaired/replaced at the discretion of the Beach Now team and customer agrees to pay retail prices for components replaced or repaired. Clean condition means normal wear and tear is accepted but does not include tears, stains, water damage, broken parts or damages to any parts caused by accidents.
You agree to provide Beach Now, with credit card details, for damages:
By agreeing to these terms, I authorize Beach Now to charge the credit card provided for all eventual costs in case of damages to any gear during my rental period, comprehensive of labour, except in the case that I can demonstrate other’s faults with evidence and all necessary information for reimbursement. In case of theft, I will be responsible for reimbursing Beach Now for the retail price of the items stolen. In case of exceeding guest limits or negative press, I will be responsible for paying Beach Now the fines outlines above.
- ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
Beach Now, LLC (“Company”) has developed a beach lounge (“Product”) and offers experiences relating to the beach lounge (“Program”).
I hereby acknowledge, and agree as follows:
Assumption of Risk: I am aware of and acknowledge that there are risks of injury, illness, death and property damage inherent to participating, to traveling, and specifically to the Product and Program. I am also aware that all such risks may result from, among other causes, the active or passive negligence of Company and its employees, owners, operators, officers, independent contractors, representatives, agents and successors and Licensor and its employees (hereinafter collectively referred to as the “Releasees”). I am voluntary allowing myself to use the product and engage in the activities that may be offered on this Program with knowledge that the risk of injury, illness, death or property damage, and other associated risks, and assume any and all known and unknown risks of injury, illness, communicable illness, death, and property damage that may result from my using the Product and participating in the Program activities. I further assume all risks associated with my participation in the Product and Program including, without limitation, the risks of negligence or recklessness or failure to act, by me or by other participants or other individuals or parties, the risks associated with gathering as it relates to illness, communicable illness, and the risk of injury caused by the condition of any property, facility or transportation used during the Program.
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 welfare and fully assume all of the above risks, as well as other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law.
Release of Liability: 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, my spouse or domestic partner whichever the case may be, me heirs, my representative, my successors and assigns, and my estate, all claims, demands, rights, or causes of action of whatever or whatever nature against the Releasees, including by not limited to 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 above-referenced Product and Program. 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 Releasees from any and all liability arising from such risks.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family, my heirs, as well as my next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume risk associated with the Product and Program to release the Releasors from any and all liability to the maximum extent permitted by law.
Indemnification and Hold Harmless: I expressly understand that Releasees are providing no, or only limited, chaperones or supervision with respect to this the Product and Program and that I am responsible for my individual conduct, health and safety at all times. I agree to defend, indemnify and hold harmless the Releasees for all demands, costs, losses, expenses, claims, recoveries, judgements and liabilities (including attorneys’ fees) of any nature arising out of, or in consequence of, my acts, words, conduct, etc. in any way connected with my participation on the Product and Program including, but not limited to, damage to property, ant injuries or death sustained by any person(s), including myself.
Choice of Law, Binding Agreement, Enforceability: I agree that this agreement shall be governed by the laws of the State of California, that any lawsuit related to the terms of this agreement must be filed in California, and that I shall submit to said jurisdiction and waive any objection to venue. I agree that this agreement is a legally binding agreement and it is my intent that it be constructed broadly to provide a release and waiver to the maximum extent permissible under the agreement shall remain in full force and effect and in no way be impaired.
Knowing and Voluntary Execution: I acknowledge that I have read this agreement, I understand that this agreement includes an assumption of risk of the Releasees’ negligence and ability. I acknowledge that the Releasees are materially relying on this waiver and is allowing my participation in the Program due to its existence.
III. PHOTO RELEASE
Any guests who attend an event with a photographer who wish not to be photographed must inform the Beach Now Beach team in writing in advance. Photographs may be used for Beach Now website, social media and other marketing purposes at the sole discretion of Beach Now, LLC. Beach Now, LLC is not responsible for internet circulation of images by outside outlets.
I have read and understand all of the above conditions and, having signed up for this program, I agree to be bound by them.