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SHORE THING BEACH RENTALS

SEASONAL BEACH CHAIR & UMBRELLA RENTAL AGREEMENT, LIABILITY WAIVER, RELEASE, AND ASSUMPTION OF RISK

Shore Thing Beach Rentals
3 Lower Montcalm Street
Lake George, New York 12845
Website: shorethingLG.com

 

CUSTOMER INFORMATION

Name: __________________________________________

Address: ________________________________________

City/State/Zip: __________________________________

Phone: __________________________________________

Email: __________________________________________

Date: ___________________________________________

 

1. SEASONAL RENTAL PROGRAM

This Seasonal Beach Chair and Umbrella Rental Agreement ("Agreement") is entered into between Shore Thing Beach Rentals ("Company") and the undersigned customer ("Customer").

For a flat fee of One Hundred Dollars ($100.00), Customer is entitled to use:

  • Up to two (2) beach chairs 

  • Up to one (1) beach umbrella 

from the date of purchase through Labor Day Weekend of the current season, subject to the terms herein.

Rental equipment is available on a first-come, first-served basis. Payment of the seasonal fee does not guarantee equipment availability on any particular day, time, or occasion.

No refunds, credits, or prorations shall be provided due to weather conditions, equipment availability, Customer scheduling conflicts, illness, injury, travel plans, or any other reason.

 

2. ACKNOWLEDGMENT OF RISKS

Customer acknowledges that use of beach chairs, umbrellas, and beach-related equipment involves inherent risks, including but not limited to:

  • Exposure to sun, heat, wind, rain, lightning, and changing weather conditions; 

  • Equipment tipping, collapse, failure, or displacement due to wind or other forces; 

  • Falls, slips, trips, and collisions; 

  • Injuries caused by improper setup, movement, or use of rental equipment; 

  • Injuries arising from conditions at beaches, parks, sidewalks, parking areas, or public access areas; 

  • Injuries resulting from acts of third parties, other beachgoers, or natural conditions. 

Customer voluntarily assumes all risks associated with the rental and use of the equipment.

 

3. RELEASE OF LIABILITY

To the fullest extent permitted by law, Customer, on behalf of themselves and their heirs, executors, administrators, personal representatives, assigns, spouse, and family members, hereby releases, waives, discharges, and covenants not to sue:

Shore Thing Beach Rentals, its owners, members, managers, officers, employees, agents, contractors, successors, and assigns

from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, expenses, or attorney's fees arising out of or relating in any way to:

  • Rental, possession, transport, setup, use, or return of the equipment; 

  • Personal injury; 

  • Property damage; 

  • Illness; 

  • Death; 

  • Any loss arising from Customer's participation in the seasonal rental program. 

This release applies whether such claims are known or unknown, foreseen or unforeseen.

 

4. INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless Shore Thing Beach Rentals and its owners, members, managers, employees, agents, contractors, successors, and assigns from and against any claims, demands, damages, judgments, losses, costs, expenses, or attorney's fees arising from:

  • Customer's use of rental equipment; 

  • Customer's negligence or misconduct; 

  • Use of equipment by family members, guests, invitees, or minors accompanying Customer; 

  • Damage to third parties caused by Customer's use of the equipment. 

 

5. RESPONSIBILITY FOR MINORS

Customer acknowledges that any minor using the rented equipment shall be under Customer's supervision and control at all times.

Customer assumes full responsibility for the safety, conduct, and actions of any minor who uses or is present around the rented equipment.

 

6. EQUIPMENT USE RULES

Customer agrees:

  1. To use the equipment only for its intended purpose. 

  2. Not to modify, alter, or misuse the equipment. 

  3. Not to leave umbrellas unattended during windy conditions. 

  4. To immediately discontinue use if equipment appears damaged or unsafe. 

  5. To comply with all local laws, regulations, park rules, and beach rules. 

  6. To follow all instructions provided by Shore Thing Beach Rentals. 

 

7. NO GUARANTEE OF AVAILABILITY

Customer understands and agrees that:

  • Seasonal rentals are subject to equipment availability. 

  • Equipment is provided on a first-come, first-served basis. 

  • Shore Thing Beach Rentals makes no guarantee that equipment will be available at any specific time or date. 

  • Equipment may become unavailable due to maintenance, damage, weather, operational needs, or demand. 

 

8. PHOTOGRAPHY AND MARKETING RELEASE (OPTIONAL)

Customer grants Shore Thing Beach Rentals permission to use photographs or videos in which Customer appears for marketing and promotional purposes without compensation.

Initial One:

_____ YES

_____ NO

 

9. GOVERNING LAW

This Agreement shall be governed by and construed under the laws of the State of New York.

Any action arising from this Agreement shall be brought exclusively in a court of competent jurisdiction located in Warren County, New York.

 

10. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

11. ELECTRONIC SIGNATURES

Customer agrees that electronic signatures, online acceptance, click-through acceptance, or digital acknowledgment through the booking platform at shorethingLG.com shall have the same force and effect as an original handwritten signature.

 

12. ACKNOWLEDGMENT

BY SIGNING BELOW OR ACCEPTING THIS AGREEMENT ONLINE, CUSTOMER ACKNOWLEDGES THAT:

  • CUSTOMER HAS READ THIS AGREEMENT IN ITS ENTIRETY; 

  • CUSTOMER UNDERSTANDS ITS TERMS; 

  • CUSTOMER UNDERSTANDS THAT THIS IS A RELEASE OF LIABILITY AND ASSUMPTION OF RISK; 

  • CUSTOMER VOLUNTARILY AGREES TO ITS TERMS; 

  • CUSTOMER IS AT LEAST EIGHTEEN (18) YEARS OF AGE OR IS THE PARENT/LEGAL GUARDIAN OF ANY MINOR PARTICIPATING IN THE RENTAL PROGRAM. 

 

CUSTOMER SIGNATURE

Signature: ______________________________________

Printed Name: ___________________________________

Date: ___________________________________________

 

FOR SHORE THING BEACH RENTALS

Authorized Representative: _______________________

Date: ___________________________________________

 

ONLINE ACCEPTANCE LANGUAGE

Before completing checkout at shorethingLG.com, customers must affirmatively check the following box:

☐ I have read and agree to the Seasonal Beach Chair & Umbrella Rental Agreement, Assumption of Risk, Release of Liability, and Indemnification Agreement. I understand that my $100 seasonal rental provides access to up to two beach chairs and one umbrella through Labor Day Weekend on a first-come, first-served basis and does not guarantee equipment availability on any specific date or time.

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