Legal Notice: 

SALTBOX BEACH SERVICE, LLC

LEGAL TERMS, RENTAL AGREEMENT, LIABILITY WAIVER, REFUND POLICY, PRIVACY POLICY, AND EQUIPMENT DAMAGE POLICY

Effective Date: __________

PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

This Agreement is entered into between SaltBox Beach Service, LLC d/b/a SaltBox Beach Service ("SaltBox") and the individual making a reservation, accepting delivery, possessing rental equipment, or using rental equipment ("Customer").

By completing a reservation, accepting delivery, taking possession of equipment, or using equipment provided by SaltBox, Customer agrees to all terms contained herein.

SECTION I

RENTAL AGREEMENT, TERMS OF SERVICE, AND EQUIPMENT DAMAGE POLICY

Eligibility

Customer represents and warrants that:

• Customer is at least eighteen (18) years of age.
• Customer has authority to enter into this Agreement.
• Customer will ensure all users comply with this Agreement.
• Customer accepts responsibility for all guests, invitees, family members, and minors using rented equipment.

Rental Equipment

Rental equipment may include, but is not limited to:

• Beach chairs
• Lounge chairs
• Umbrellas
• Beach wagons
• Beach carts
• Coolers
• Lounge canopies
• Paddle boards
• Beach wheelchairs
• Personal flotation devices (PFDs)
• Leashes
• Accessories

All equipment remains the sole property of SaltBox Beach Service, LLC.

Reservations

All reservations are subject to availability.

SaltBox reserves the right to refuse service, modify reservations, substitute similar equipment, or cancel reservations when reasonably necessary.

Delivery and Pickup

Customer authorizes SaltBox to deliver equipment without Customer being present.

Equipment may be left unattended at the designated delivery location.

Responsibility for equipment transfers to Customer immediately upon delivery.

SaltBox may photograph equipment during delivery and pickup.

Customer agrees that delivery and pickup photographs may be used as evidence regarding:

• Delivery completion
• Equipment condition
• Inventory verification
• Missing items
• Damage assessment
• Pickup completion

Equipment Inspection

Customer agrees to inspect all equipment immediately upon delivery.

Customer shall notify SaltBox of missing, damaged, defective, or unsafe equipment within twelve (12) hours of delivery.

Failure to report issues within twelve (12) hours shall constitute acceptance of the equipment in good condition.

Customer Responsibilities

Customer agrees to:

• Use equipment safely.
• Supervise minors.
• Protect equipment from theft, damage, misuse, weather exposure, and loss.
• Follow all instructions and warnings.
• Notify SaltBox immediately of accidents, damage, loss, or theft.

Theft, Loss, and Abandonment

Upon delivery, Customer assumes all risk of loss.

Customer shall be responsible for the full replacement cost of equipment that is:

• Lost
• Stolen
• Destroyed
• Missing at pickup
• Damaged beyond repair

Replacement cost shall be determined by SaltBox based upon current replacement value.

Equipment Damage

Customer shall be responsible for repair or replacement costs resulting from damage beyond ordinary wear and tear.

SaltBox reserves the right to determine repairability and replacement value.

Payment Authorization

Customer authorizes SaltBox to charge the payment method on file for:

• Rental charges
• Taxes
• Damage charges
• Replacement costs
• Cleaning fees
• Collection costs
• Late return fees
• Other amounts due under this Agreement

Collection Costs

Customer agrees to pay all costs incurred by SaltBox in collecting unpaid amounts, including:

• Collection agency fees
• Court costs
• Filing fees
• Service fees
• Reasonable attorneys' fees

Ownership of Equipment

All rental equipment remains the exclusive property of SaltBox.

Customer shall not:

• Sell equipment
• Transfer equipment
• Modify equipment
• Sublease equipment

SECTION II

ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

Assumption of Risk

Customer acknowledges that the use of rental equipment involves inherent risks including but not limited to:

• Trips
• Slips
• Falls
• Impact injuries
• Equipment failure
• Exposure to weather
• Exposure to water
• Drowning
• Property damage
• Permanent disability
• Death

Customer voluntarily assumes all risks associated with the possession, transportation, storage, and use of rental equipment.

Minors

Customer acknowledges that any minor using rented equipment shall do so only under adult supervision.

Customer accepts full responsibility for the conduct, supervision, and safety of all minors.

Paddle Board Activities

Customer acknowledges that paddle boarding and water activities involve substantial risks including:

• Drowning
• Watercraft collisions
• Falls
• Currents
• Weather conditions
• Submerged hazards
• Marine life
• Bodily injury
• Permanent disability
• Death

Customer agrees to use all provided safety equipment including PFDs and leashes.

Customer voluntarily assumes all risks associated with paddle board activities.

Beach Wheelchair Acknowledgment

Customer acknowledges that beach wheelchairs are used on uneven terrain and outdoor environments.

Customer accepts responsibility for ensuring that users possess the physical ability, assistance, and supervision necessary for safe use.

Customer voluntarily assumes all risks associated with the use and operation of beach wheelchairs.

Umbrella and Canopy Safety

Customer agrees:

• Not to use umbrellas or canopies during high winds or severe weather.
• To close umbrellas and canopies when unattended.
• To properly secure equipment.
• To discontinue use when conditions become unsafe.

Customer assumes responsibility for injuries or damage resulting from improper use.

Release of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER RELEASES AND FOREVER DISCHARGES SALTBOX BEACH SERVICE, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS, OR EXPENSES ARISING FROM OR RELATED TO:

• USE OF EQUIPMENT
• POSSESSION OF EQUIPMENT
• STORAGE OF EQUIPMENT
• TRANSPORTATION OF EQUIPMENT
• EQUIPMENT FAILURE
• PERSONAL INJURY
• PROPERTY DAMAGE
• WRONGFUL DEATH

INCLUDING CLAIMS ARISING FROM THE ALLEGED NEGLIGENCE OF SALTBOX BEACH SERVICE, LLC TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

Customer agrees to defend, indemnify, and hold harmless SaltBox Beach Service, LLC from any claims, lawsuits, damages, judgments, settlements, penalties, costs, and attorney fees arising from:

• Customer's use of equipment
• Customer's misuse of equipment
• Customer's guests
• Customer's invitees
• Customer's family members
• Violations of this Agreement

No Warranties

All equipment is provided "AS IS" and "AS AVAILABLE."

SaltBox disclaims all warranties, express or implied, to the fullest extent permitted by law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SALTBOX SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES
• INCIDENTAL DAMAGES
• CONSEQUENTIAL DAMAGES
• SPECIAL DAMAGES
• PUNITIVE DAMAGES
• LOST PROFITS
• LOSS OF USE

SALTBOX'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE RENTAL.

SECTION III

REFUND POLICY, PRIVACY POLICY, AND GENERAL LEGAL TERMS

Refund Policy

Customer Cancellations

Reservations canceled more than forty-eight (48) hours before the scheduled delivery date shall receive a full refund.

Reservations canceled within forty-eight (48) hours of delivery may be subject to partial or complete forfeiture of rental charges.

Early Returns

No refunds shall be issued for:

• Early returns
• Unused equipment
• Changes in travel plans
• Weather conditions
• Beach conditions
• Customer scheduling conflicts

Equipment Issues

If SaltBox delivers unusable equipment and is unable to repair or replace the equipment within a reasonable time, SaltBox may issue a partial or full refund at its discretion.

Privacy Policy

Information Collected

SaltBox may collect:

• Name
• Address
• Email address
• Telephone number
• Payment information
• Reservation information

Use of Information

Information may be used to:

• Process reservations
• Deliver equipment
• Communicate with customers
• Process payments
• Improve services
• Comply with legal obligations

Information Sharing

SaltBox does not sell customer information.

Information may be shared with:

• Payment processors
• Reservation software providers
• Service providers
• Legal authorities when required by law

Data Security

SaltBox uses commercially reasonable efforts to protect customer information but cannot guarantee absolute security.

Governing Law

This Agreement shall be governed by the laws of the State of Maine.

Venue

Any dispute arising from this Agreement shall be brought exclusively in a court located within the State of Maine.

Customer consents to the jurisdiction of such courts.

Electronic Acceptance

Customer agrees that clicking "I Agree," completing a reservation, electronically signing, accepting delivery, or using rental equipment constitutes acceptance of this Agreement.

Electronic acceptance shall have the same legal effect as a handwritten signature.

Entire Agreement

This document constitutes the entire agreement between SaltBox and Customer regarding rental equipment and services and supersedes all prior discussions, understandings, or agreements.

BY COMPLETING A RESERVATION, ACCEPTING DELIVERY, OR USING RENTAL EQUIPMENT, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS ITS TERMS, AND VOLUNTARILY AGREES TO BE LEGALLY BOUND BY IT.