Contract and Release Form

This Contract and Release is entered into on the date below (or in the online order form) by and between Wheels in the Sand LLC (herein “Wheels in the Sand”) and Renter whose name appears below (or in the online order form) and who signs this Agreement electronically or physically on his or her own behalf, and on behalf of any Occupant/User, and such Renter warrants that he or she has the authority to enter into this Agreement on his or her own behalf and that he or she has bound himself or herself to fulfill all duties and obligations of the Occupant/User. Renter and Occupant/User are herein referred to as a “Party.”

IT IS HEREBY AGREED AS FOLLOWS:

I. Equipment & Rental Period: Wheels in the Sand hereby rents to Party, and Party hereby rents from Wheels in the Sand any of the following: Debug Fixed Frame All Terrain Wheelchair, Debug All Terrain Folding Aluminum Beach Walker, Debug EZ Roller Floating Wheelchair, MobiChair Floating Beach Wheelchair, or any model of Motorized Beach Wheelchair (collectively, the “Chair/Walker”) and ancillary items of equipment supplied by Wheels in the Sand, including umbrella with holder, life vest (PFD), motorized wheelchair battery charger, motorized wheelchair cover, ramps, Out and About Seat, and lock (collectively, the “Equipment”). THIS RENTAL IS FOR THE SOLE AND EXCLUSIVE USE OF PARTY. HE/SHE/THEY SHALL NOT ALLOW ANY OTHER PERSON TO USE OR OPERATE THE SAME AT ANY TIME. The rental is for use during the period starting at the time of delivery on the date listed on the online order form and ending on the date listed on the online order form between 5:00 p.m. and 6:00 p.m. All delivery and pickup times are strictly in the Eastern Time (ET) zone.

II. Payment & Deposit: The Party shall pay, simultaneously with the signing or online acknowledgment of this Agreement, the sum listed on the online order form for the total number of days rented, together with a damage deposit listed on the online order form to use and apply as needed to ensure the safe and undamaged return of the Chair/Walker and Equipment or to pay for losses caused by Party.

III. Identification & Credit Card Authorization: Party authorizes Wheels in the Sand to photograph or obtain a photograph of the Party’s driver’s license or other acceptable form of personal identification and to charge his/her/their credit card in the event of loss, damage, and/or delay in the return of the Chair/Walker and Equipment.

IV. Geographic Boundaries & Storage: Party expressly confirms that they will use the Chair/Walker and Equipment between sunrise to sunset solely in or around the beach areas of Mexico Beach, Beacon Hill, St. Joe Beach, Windmark, Highland View, Port St. Joe, Indian Pass, Cape San Blas, and St. George Island. Party will not take the Chair/Walker and Equipment to any other location without the express written permission of Wheels in the Sand. Party further confirms that they are staying overnight at the delivery address listed on the online order form while they have the Chair/Walker and Equipment, and Party is responsible for the safe care and secure storage of the Chair/Walker and Equipment at said address at all times.

V. Late Returns & Indemnification: Party understands and agrees that the Chair/Walker and Equipment are in limited supply and customers of Wheels in the Sand have reserved dates and times to use the Chair/Walker and Equipment, so Party shall be liable to Wheels in the Sand for a late charge of twice the daily rent for each day the Chair/Walker and Equipment are not returned to the original delivery location. Party shall be responsible for and shall hold harmless, defend and indemnify Wheels in the Sand, its officers, owners, members, agents, and employees from and against any and all third-party claims, liabilities, demands and judgments, including its reasonable attorney’s fees, if Party’s damage to the Chair/Walker and/or Equipment, or its failure or delay in returning the same, causes such losses.

VI. Assumption of Risk: Party acknowledges that they are fully aware of the inherent dangers and risks of using a Chair/Walker on the beach, in the water, in parking lots, on sidewalks and streets, and Party hereby assumes all risks that may arise as a result of their operation, riding, or disassembly/assembly of the chair, including, but not limited to, risks of bodily injury and property damage that may result from: the Party’s falling from the Chair/Walker or the use of the Equipment; the Party’s collision and/or near collision with vehicles, third parties, and/or their possessions. Party is aware they have the opportunity to inspect the Chair/Walker and Equipment and acknowledge that there are no visible defects in the same (or if there are any, Party may note defects in writing in the area designated below at the time of delivery).

VII. Damage Policy: Party assumes full responsibility for the Chair/Walker and Equipment from the time of their first possession until it is picked up by Wheels in the Sand at the delivery location listed in the online order form. They agree to compensate Wheels in the Sand for all damages to and/or loss of the Chair/Walker and Equipment, whether caused by theft, negligence, intentional misuse, or otherwise (“Damages”), excluding normal wear and tear. In addition to the rental fee, taxes, and delivery fee, the Party’s credit card will be charged a $150 or $300 refundable damage deposit (depending on the chair rented) at checkout; Wheels in the Sand may retain this deposit to cover Damages. Wheels in the Sand may charge the Party’s credit card an additional amount if the Damages exceed the damage deposit amount, up to the original purchase price of the Chair/Walker, and Equipment.

VIII. Weight Capacity Limits: Party represents that the occupant/user weight constraints are strictly as follows:

• Debug EZ Roller Floating Wheelchair: Maximum 300 lbs.
• Debug Fixed Frame All Terrain Wheelchair: Maximum 300 lbs.
• Debug All Terrain Folding Aluminum Beach Walker/Rollator: Maximum 300 lbs.
• MobiChair Floating Beach Wheelchair: Maximum 300 lbs.
• Motorized Beach Wheelchair (any model): Maximum 285 lbs.

The Party understands that the weight of the occupant/user and environmental conditions (such as soft sand and uneven terrain) may impact the Chair/Walker’s performance. The Party will always wear the seat belt while the Chair/Walker is in use.

IX. Health and Physical Condition: The Party represents that their medical condition will not impair their ability to operate the Chair/Walker and Equipment without risk to themselves or others. Party represents that they have no medical or physical impediment which would endanger any individual during use.

X. Specific Motorized Beach Wheelchair Rules: If the Party is renting any model of the Motorized Beach Wheelchair, the following strict rules apply:

• The Party will always wear the seatbelt while using the Motorized Beach Wheelchair.
• The Motorized Beach Wheelchair is not to be used in the water or on wet sand. It must only be used on dry, level ground. Do not drive on sharp inclines or declines to prevent rollovers.
• The Motorized Beach Wheelchair shall not be used during inclement weather or poor environmental conditions. If caught in the rain, the Party will immediately cover the joystick with the supplied plastic bag and return the unit to a covered area to prevent electrical damage.
• The Party is responsible for plugging the supplied battery charger into a working 110v AC outlet to charge the batteries at the end of each day’s use, and covering the unit with the supplied cover if it is raining.
• The Party will not use the components for any unintended purpose, and represents that they will be the sole users of the Motorized Beach Wheelchair.

XI. Compliance with Rules and Laws: Party understands and agrees that the use of a Chair/Walker is subject to all traffic laws, signs, rules, and regulations which pertain to pedestrians and moving vehicles, and those regulations intended to protect pedestrians. Party agrees to adhere to all rules and instructions provided by Wheels in the Sand.

XII. Liability Release & Liability Hold Harmless: In consideration of being permitted to rent and operate the Chair/Walker and Equipment, Party on his, her, or their behalf, and on behalf of the occupant/user designated below (or in the online form), and on behalf of his, her, and/or their heirs, assigns, and legal representatives (each a “Releasor”) does hereby release, indemnify, forever discharge, and agree to hold harmless Wheels in the Sand, Deming Design Inc. (Debug Chair and Walker distributor), Beach Powered Mobility and Outdoor Extreme Mobility ( Motorized Beach Wheelchair Manufacturers), and Deschamps Mats Systems Inc (MobiChair distributor) and their respective owners, officers, directors, members, employees, agents, and contractors (collectively, “Releasees”) from any and all claims, demands, rights, and causes of action of whatsoever kind, whether in tort, by contract, under any product liability theory, statutory basis, or otherwise, which may arise from personal injuries, property damage, death, illness, or any other source occurring during or resulting from this rental. If any lawsuit or claim is brought by Party, or by anyone on behalf of the user, arising from injuries sustained during use of the equipment, Party shall be responsible for all of Releasees’ defense costs, including reasonable legal fees, and shall be obligated to pay in full the amount of any resulting judgment or good faith settlement.

XIII. Emergency Medical Treatment: Party consents to and permits Wheels in the Sand to use its best efforts to obtain emergency medical treatment in the event of injury or illness to Party and agrees that he, she, or they will be solely responsible to pay any costs incurred with respect to emergency medical treatment.

XIV. Equipment Breakdowns: Party acknowledges that Wheels in the Sand has a limited supply of inventory and that equipment breakdowns can occur in the ordinary course of use. In the event of a breakdown, if Wheels in the Sand cannot efficiently repair or replace the equipment for Party’s continued use, Party’s sole and exclusive recourse shall be to accept a prorated refund of the prepaid rental fee based on the remaining unused days, together with the deposit return. Under no circumstances shall Wheels in the Sand be liable for any other damages or losses.

XV. Cancellation Policy: Party understands and agrees to the following refund guidelines:

• Cancellations > 7 days prior to the reservation start date: Full refund minus the processing credit card fee.
• Cancellations < 7 days prior to the reservation start date: Charged the credit card fee plus a cancellation fee of 50% of the rental fee.
• No refunds will be given for early returns or bad weather days.

XVI. Beach Access Safety: Party is responsible for verifying that the beach access point at or near the property they are occupying is safe and supports the use of the equipment. If, after delivery, it is determined by the Party or Wheels in the Sand that the nearest beach access point is unsafe, unusable, or too far from the property, the reservation will be cancelled and the Party will be charged a cancellation fee of 50% of the rental fee, the full delivery fee, and the credit card fee.

XVII. Inclement Weather / Named Storm Policy: In the event of a “named storm” predicted to impact the service area, Wheels in the Sand reserves the right to pick up the equipment at any time during the rental period. Wheels in the Sand will coordinate a pickup time and refund the remaining unused rental days. A “named storm” refers to any organized weather system with a defined surface circulation and maximum sustained winds of not less than 39 miles per hour which the National Hurricane Center of the National Weather Service names as a tropical storm or hurricane.

XVIII. Customer Conduct Policy: Wheels in the Sand reserves the right to cancel a reservation at any time during the rental period if a Party is rude, abusive, or belligerent to Wheels in the Sand owners and/or employees, whether verbally or via electronic communications. Upon cancellation for conduct, Wheels in the Sand will refund the remaining unused days minus the delivery fee and credit card fee.

XXIX. Phone/Proxy Orders: If Wheels in the Sand completes the online order on behalf of the Party via phone or administrative access, and the Party provides their payment information to complete the order, the Party acknowledges they have read, understood, and agreed to all terms of this Contract and Release.

Party understands and agrees that their electronic signature, online checkout, or physical acknowledgment shall have the same legal force and effect as a manually executed written signature.