1. Definitions. The parties agree that the following terms will have the meanings given to them. “Lessor” means The Vacation Property Group, LLC, a Florida limited liability company. “Lessee” means the individual(s) identified in the “Personal Details” on the above Order Confirmation. “Equipment” means the equipment rented by Lessee from Lessor, as described on Lessee’s Order Confirmation, as may be changed prior to or after Lessee’s check-in, as well as all safety items, if any, provided with such equipment. “Parties” mean Lessor and Lessee. “Pick-up Location” means an agreed upon designated location where the Lessee and Lessor agree to exchange equipment.
2. Lease. Lessor is leasing to Lessee, and Lessee is leasing from Lessor, the Equipment, subject to these terms and conditions. The parties agree that the terms and conditions contained herein will govern the rental of the Equipment to Lessee. Lessor will require a credit card number as a security deposit. If Lessee is renting or purchasing goods and/or services from a third-party provider, then Lessee’s rights and obligations regarding such goods and/or services will be governed by a separate agreement with that third party. The parties agree that Lessee shall be fully responsible for any monies owed to such third party, and that Lessor shall not be responsible or liable in any way for the supply or use of the goods or services provided by such third party.
3. Inspection. All Equipment is checked and cleaned prior to delivery. Upon check-in, Lessee agrees to inspect the Equipment at the Delivery Location and note any damage or discrepancies. Unless discrepancies or damage is reported to Lessor before leaving the Delivery Location, it will be assumed that any damage to or loss of the Equipment occurred during Lessee’s rental of the Equipment.
4. Use. Lessee agrees that any person using the Equipment will only use the Equipment in the manner for which it is designed and intended to be used. Lessee further agrees that the Equipment will only be used for vacation recreational purposes, and not for activities that may be considered dangerous or risky by a reasonable person (e.g., shark fishing, alligator hunting, trick/stunt riding), and that the Equipment will not be modified in any way without the Lessor’s prior written consent. Lessee represents and warrants to Lessor that all persons using the Equipment have the appropriate knowledge and training to operate or use the Equipment. Lessee agrees that all persons using the Equipment will use the Equipment in a careful and proper manner and will comply with all applicable laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment, including, without limitation, use of life jackets and whistles with kayaks and paddleboards. Lessee agrees that Lessee will not leave beach chairs, umbrellas, and other beach equipment on the beach unattended or overnight. Lessee agrees not to remove any of the Equipment from the Vacation Area or use the Equipment outside of the Vacation Area.
5. Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
6. Repairs. Lessor will furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order. Lessee shall not in any way repair or materially alter the physical makeup of the Equipment.
7. Damaged Equipment. Lessee hereby assumes and shall bear the entire risk of damage to the Equipment by any person from any and every cause. In the event of damage of any kind to the Equipment, Lessee agrees that Lessor may charge Lessee’s credit card for the full cost of repair of the damaged Equipment, or the replacement cost thereof if it cannot be repaired. Lessor expressly reserves the right to choose the repair method and venue. The parties agree to be bound, legally and otherwise, by the report of Lessor’s chosen repair venue as to the cause of the damage to the Equipment and the cost of repair. If the Lessee’s credit card cannot be successfully charged within 24 hours, the Lessee shall be considered to be in default hereunder. Notwithstanding the foregoing, Lessee may purchase an Equipment Protection Plan from Lessor at the cost of 7.8% of the total rental value of the Equipment, and in such case, Lessee will not be responsible for damaged Equipment unless the damage is caused, in Lessor’s sole determination, by intentional misconduct, by egregious or unreasonable behavior, or by use that is inconsistent with the provisions of Section 4.
8. Lost or Stolen Equipment. Lessee assumes and shall bear the entire risk of loss or theft of the Equipment for any reason or from any cause. In the event that any of the Equipment is lost or stolen, Lessee is liable to Lessor for the replacement value of the Equipment. Lessee agrees that Lessor may charge Lessee’s credit card for the amount owed for replacement of the lost or stolen Equipment. If the Lessee’s credit card cannot be successfully charged within 24 hours, the Lessee shall be considered to be in default hereunder.
9. Default; Remedies. In the event of a default by Lessee hereunder, all amounts owed by Lessee to Lessor shall become immediately due and payable. Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover any amounts owed by Lessee, including collection fees and reasonable attorneys’ fees and costs. Lessor reserves the right to pursue all available civil and criminal remedies against Lessee, including, but not limited to: recovering possession of the Equipment, obtaining from Lessee’s credit card any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any available civil remedies. These remedies are not exclusive.
10. Surrender. Lessee shall return the Equipment to Lessor at the Pick-up Location by 6:00 AM on the day of Equipment return in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted. Ordinary wear and tear is to be reasonably determined at the discretion of the Lessor. Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to condition of Equipment upon return. Lessor reserves the right to accept Equipment upon return by Lessee and make determinations regarding the condition of the Equipment within a reasonable amount of time. Lessor’s determination as to the condition of the Equipment upon return by Lessee is binding under this Section 10 and Sections 7 and 8.
11. Limitation of Liability. ALL EQUIPMENT IS PROVIDED “AS IS.” LESSEE ASSUMES ALL RESPONSIBILITY FOR ALL EQUIPMENT WHILE IN LESSEE’S POSSESSION. LESSEE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS, THEFT, DESTRUCTION OR DAMAGE OF THE EQUIPMENT. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE BOOKING WEBSITE, OR FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON SUCH WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE BOOKING WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. IN NO EVENT SHALL LESSOR BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON THE BOOKING WEBSITE OR THE USE OR PERFORMANCE OF ANY GOODS OR SERVICES PROVIDED BY A THIRD PARTY.
12. Assumption of Risk; Indemnity. Lessee understands that there exist certain risks of injury from the use or misuse of the Equipment or Service, including the potential risk of serious injury, disability or death. Lessee knowingly and freely assumes all such risks, both known and unknown, and assumes full responsibility for the use and/or handling of the Equipment or Service, whether by Lessee, their traveling companions, their guests, their children or any other person. Although Lessor may provide safety items with the Equipment, Lessee agrees that Lessor is not responsible for providing proper safety items with the Equipment or for ensuring that any such items are used properly or will fit or function properly. Proper safety items are the sole responsibility of Lessee. Lessee hereby agrees for themselves, and on behalf of their heirs, assigns and personal representatives, to indemnify and hold harmless Lessor and its affiliated companies, and each of their respective owners, members, officers, directors, employees, and agents, and the owner(s) of the property where any Equipment is delivered, and hereby releases each of them, from and against any and all claims, liabilities, losses, damages, expenses and penalties, including reasonable attorneys’ fees and costs, arising from, related to, or connected with any injury, disability, death, loss or damage to person or property of any character caused by the use, misuse, handling, storage or transportation of the Equipment or Service by any person during the time the Equipment or Service is rented or used by Lessee or while the Equipment is in the possession or control of Lessee.
13. Payment of Fees. Lessor may receive fees from a third party for the provision of beach gear rental and delivery. Such fees are subject to change without notice.
14. Waiver. The failure of either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with the same or any other provision of this agreement.
15. Typographical Errors. In the event any Equipment is listed at an incorrect price due to typographical error or error in pricing information received from Lessor’s suppliers, Lessor shall have the right to refuse or cancel any orders placed for such Equipment listed at the incorrect price. Lessor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Lessee’s credit card charged. If Lessee’s credit card has already been charged for the rental and Lessee’s order is canceled, Lessor shall immediately issue a credit to Lessee’s credit card in the amount of the incorrect price.
16. Entire Agreement. This agreement, along with the Lessee’s Order Confirmation, constitutes the entire agreement between the parties with respect to the subject matter hereof, and it shall not be amended, altered or changed except by a further writing signed by the parties hereto. If any portion of the agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. Lessee may not assign this agreement without the prior written consent of Lessor, which consent may be withheld for any reason.
17. Survival. Lessee’s obligations under this agreement shall survive the expiration or cancellation of this agreement for any reason. If Lessee is more than one person, then each such person shall be jointly and severally liable for the obligations of Lessee hereunder.
18. Governing Law. This agreement shall be construed and enforced according to laws of the State of Florida. The parties agree that any action arising out of or related to this agreement or the services provided by Lessor shall be brought only in a state or federal court located in Franklin County, Florida, and the parties hereby expressly waive any objection to venue or personal jurisdiction or that the forum is not convenient. The parties accept generally and unconditionally the in personam jurisdiction and venue of the aforesaid courts and waive any defense of forum non conveniens.
19. Attorneys’ Fees and Costs. In the event of any claim, dispute, action or controversy regarding this agreement, including any litigation, mediation or arbitration, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, whether such fees and costs are incurred before or at trial, on appeal, during any post-judgment collection action, or otherwise.