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Assumption of Risk and Release from Liability and Rental Agreement

In exchange and consideration of the services of, and equipment provided by, Emerald Coast Premier Rentals, LLC, and its predecessors, successors, assignees, beneficiaries, principals, officers, directors, shareholders, managers, members, legal and equitable owners, partners, partnerships, joint venturers, entities, associations, agents, employees, representatives, affiliates, independent contractors, volunteers, participants, heirs, grantees, transferees, trustees, businesses, and vendees and all persons and legal entities acting by, through, under, or in concert with them; and all persons and legal entities who could suffer or sustain liability by, through, or under any of them (collectively referred to as “Emerald Coast Premier Rentals”), and to the broadest extent of the law, I hereby agree to release and forever discharge Emerald Coast Premier Rentals, on behalf of myself, my children, present and former spouses, present and former domestic partners, parents, heirs, grantees, transferees, executors, beneficiaries, devisees and legatees, assigns, personal representatives and estates as follows:

  • Assumption of Risk: I acknowledge that engaging in activities or utilizing equipment related to beach equipment or beach accessories inherently entails potential hazards. These hazards include, but are not limited to, physical or emotional injury, paralysis, death, or damage to myself, property, or third parties. I understand that Emerald Coast Premier Rentals cannot eliminate these risks without compromising the essence of these activities. Consequently, I willingly and explicitly assume all risks associated with the use of this equipment.
  • Release and Indemnification: With full awareness of the risks involved, I voluntarily accept and assume all risks associated with this activity. My participation in this activity is entirely voluntary, and I choose to participate despite these risks. Moreover, I agree to defend, protect, indemnify, and hold Emerald Coast Premier Rentals harmless from any and all claims, actions, proceedings, costs, damages, and liabilities, including attorney's fees, arising from my participation in this activity or my use of the rented/leased equipment. This indemnification extends to claims alleging negligent acts or omissions on the part of Emerald Coast Premier Rentals.
  • Insurance and Medical Conditions: I certify that I possess sufficient insurance coverage to address any injury or damage that may arise while engaging in this activity. Alternatively, I willingly assume personal responsibility for covering the costs associated with any injury or damage. I acknowledge and agree that any insurance coverage I maintain, whether liability, casualty, personal, or health, shall serve as primary coverage in the event of any loss, injury, death, or damage to persons or property during the use of Emerald Coast Premier Rentals' equipment. Additionally, I certify that I do not have any medical or physical conditions that would impede my safety during this activity. In the event that I do have such conditions, I am willingly accepting full liability for any damages, expenses, or costs arising directly or indirectly from said condition(s).
  • Equipment Responsibility: I acknowledge that the equipment remains the exclusive property of Emerald Coast Premier Rentals at all times. I understand that I bear responsibility for any damage to or loss of the equipment. In the event that any equipment is lost, destroyed, or rendered irreparable, as determined by Emerald Coast Premier Rentals, I agree to reimburse them for the value of the leased equipment. Any necessary repairs resulting from the use of the equipment shall be performed at the prevailing rate. All costs associated with such repairs, including parts, shall be settled at the time of equipment return.
  • Indemnification of Legal Fees and Costs: In the event that Emerald Coast Premier Rentals or any party acting on their behalf incurs attorney's fees and/or costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  • In the event that I file a lawsuit against Emerald Coast Premier Rentals, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
  • Beach Chairs and Umbrella Full-Service: You understand that your rented chairs will be available at the designated beach access between the hours of 8 a.m. and 5 p.m. The chairs will be set up on a first-come, first-served basis. They will be set up when you arrive at the beach and will be taken down when you leave the beach.
  • Please note the following cancellation policy regarding orders for our beach equipment rental services:
    1. Orders Cancelled Prior to One Week of Service: If an order is cancelled more than one week prior to the scheduled service, a full refund will be provided to the customer.
    2. Orders Cancelled Within One Week of Service: For orders cancelled within one week, but greater than 24 hours of the scheduled service, the customer will be eligible for a 50% refund of the total amount paid.
    3. Orders cancelled within 24 hours of service: In the event that an order is cancelled within 24 hours of the scheduled service, no refund will be issued to the customer
    4. There are no refunds due to inclement weather.

By signing this document, I acknowledge that if anyone is hurt, injured, or property is damaged while using Emerald Coast Premier Rentals’ equipment, I may be found by a court of law or other tribunal to have waived my right to maintain a lawsuit or any action against Emerald Coast Premier Rentals on the basis of any claim which I have released herein. I have had sufficient opportunity to read this Agreement. I have read this Agreement and fully understood it. I represent I have entered this Agreement on my own volition, free of any duress, coercion, or influence whatsoever, and am not presently under the influence of any alcohol, drug or medication. I further represent that I have not been made any promises or representations by Emerald Coast Premier Rentals outside of this Agreement and agree to be bound by all of its terms.

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