Rental Agreement

PO Box 9160 – Panama City Beach – FL – 32417

The Beach Wagon located in Panama City Beach, FL, is pleased to present you with this “Agreement” concerning rental. Once both parties have signed this Agreement and the Method of Payment has been received by The Beach Wagon, this Agreement shall constitute the entire written agreement between both parties.

This “Agreement” IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Lessor leases the Equipment to the Lessee, and the Lessee leases the Equipment from the Lessor on the following terms:

Deliveries & Pickups will be from 7 am and 10 am or 4 pm to 7 pm to the same address and spot. Deliveries & Pickups are subject to change and will be made up to twelve hours before the delivery date. Failure to meet at the agreed upon time may result in a $75 convenience fee. Equipment may only be received with proof of valid picture identification by the lessee. Lessee must be over the age of 21.

Terms of Agreement:

  1. The Lessor agrees to lease the Equipment to the Lessee, and the Lessee agrees to lease the
  2. Equipment from the Lessor in accordance with the terms set out in this Agreement below.
  3. The Agreement commences on {Start_Date} and will continue until {End_Date}.
  4. The Rent for the Equipment, inclusive of sales tax and deposit, will be $[wfte_total_amount] and the Rent will be paid the date of singing the agreement.
  5. Deposit- $100.00 will be taken along with totals above but refunded up to 5 business days after equipment is returned and inspected and deemed in good condtion; refund time to your account is dependent upon both the lessor and lessee’s third-party processors.
  6. Equipment is as follows and delivered in working condition.
  7. A valid Driver’s License of Lessee must be presented at drop-off.

DELIVERY OF EQUIPMENT, USE OF EQUIPMENT REPAIR AND MAINTENANCE OF EQUIPMENT WARRANTIES LOSS AND DAMAGE

“Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment. a. “Equipment” means Beach Wagon, Beach Chairs, Beach Umbrellas, Beach Sunshades, Coolers and Toys, Blankets, and Other Supplies which has an approximate value of $1,000.00, more or less dependent on equipment’s replacement value. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment. The Lessor will, at the Lessor’s own expense and risk, deliver the Equipment to the Lessee at To Be Determined, Panama City Beach, FL 32407.

If the Equipment is lost or damaged, the Lessee will continue paying the agreed upon Rent and will provide the Lessor with prompt written notice of such loss or damage and will, if the Equipment is repairable, pay necessary fees to put or cause the Equipment to be put in a state of good repair, appearance, and condition. In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee. The Lessee will use the Equipment in a good and careful manner and will comply with all requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.

  1. Tires are supposed to be underinflated. Please do not add air. If you suspect there is a problem with the tire, please contact 850-977-0777 immediately.
  2. Humans and animals should not be inside the equipment rental, other than size-appropriate chairs.
  3. Load bags in the front of the cart BEFORE adding chairs to the back rails. Chairs may also be put in the basket.
  4. The Lessee will use the Equipment for the purpose for which it was designed and not for any other purpose.
  5. Umbrellas must be secured in the wagon umbrella holder to prevent umbrella from breaking loose in winds. Sunshades must be properly secured using the provided anchors.
  6. Weight limits are posted for all equipment on thebeachwagon.com and must be adhered to.
  7. Items left on beach between the hours of 7 p.m. and 7 a.m. are removed and disposed of by Beach Maintenance (Bay County Ordinance No. 12-14 and 12-37 and Panama City Beach Ordinance No. 1242).

Cancellation of Rental: Upon execution of this Agreement, The Beach Wagon will protect your and reserved rental. Cancellation of these scheduled dates will be subject to the following assessment as liquidated damages due to the difficulty in reselling the reserved rental:

Fourteen days or less from specified delivery date: Will forfeit $100.00 deposit.

Seven days or less from specified delivery date: Will forfeit rental price minus deposit.

Conditions: In consideration of being permitted access to the use and enjoyment of the above equipment and recognizing and acknowledging that use of this equipment may inherently carry some risk of injury, the undersigned, in his/her personal capacity, and on behalf of any minor or other users, hereby waives any liability to the owner/operator of said equipment and agrees to indemnify and save harmless said owner/operator, its agents, servants and employees from any and all actions or liabilities for any injury or loss that may result from said use. I, the undersigned, have carefully read and fully understand and agree to the above rules and conditions above.

Lessee understands and acknowledges that use of equipment/products, both known and unknown risks, including, but not limited to, physical injury from falling; slipping; emotional injury; paralysis; distress; damage; or death to any participant. Lessee agrees to indemnify and hold The Beach Wagon LLC harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages, and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless The Beach Wagon LLC from injuries or damage incurred as a result of the use of the leased equipment. The Beach Wagon LLC cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless The Beach Wagon LLC from any loss, damage, theft, or destruction of the equipment during the term of the lease and any extensions thereof.

SMS Consent Communication:

The information or phone numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications:

If you have consented to receive text messages from The Beach Wagon, you may receive messages related to the following: Conversational External

Example: “Hi! Thank you for your recent order with The Beach Wagon! Your order includes [order items]. The delivery dates are [dates]. The delivery address is: [address]. We will text you the day before to give you a narrower delivery window. Please confirm your address by replying to this text. If you have any questions, please contact us at 850-977-0777. Reply “Stop” to Opt Out.”

Example: “AM Delivery Alert from The Beach Wagon–We will be there tomorrow between [7:00 and 8:00 a.m.]. We will text you 10 minutes out. We will meet you downstairs, out front. Please reply to this text that you have received it. Also, let us know if you have any questions. Reply “Stop” to Opt Out”

Message Frequency:

Message frequency may vary depending on the type of communication. You may receive up to 5 text messages from The Beach Wagon regarding your rental.

Potential Fees for SMS Messaging:

Please note that the standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

In Method:

You may opt in to receive SMS messages from The Beach Wagon by submitting an online form.

Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

Help:

If you are experiencing any issues, you can reply with the keyword “HELP”. Or, you can get help directly from us by calling 850-977-0777.

Additional Options:

If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

Standard Messaging Disclosures:

Message and data rates may apply.

You can opt out at any time by texting “STOP.”

For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages.

Message frequency may vary.

ACCEPTANCE

The acceptance of the foregoing Agreement and attachments listed above meet with your approval, and I understand the terms and conditions. I understand that any changes or notations that I have made to this Agreement, are contingent upon the Beach Wagon’s final approval and execution of this Agreement.