This Contract is entered into on the date the order is placed via the website by and between Wheels in the Sand LLC (herein “Wheels in the Sand”) and Renter/Occupant/User whose name(s) appear on the order form. By providing payment info on the website or over the phone to Wheels in the Sand, the Renter acknowledges that they have read and agree to the terms and conditions of this Contract 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 Contract 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/Occupant/User are herein referred to as a “Party”.
IT IS HEREBY AGREED AS FOLLOWS:
I. 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 or Debug All Terrain Folding Aluminum Beach Walker or Debug EZ Roller Floating Wheelchair or MobiChair Floating Beach Wheelchair, or Nova Star 8 Rollator Walker, or Medline Walker, or Beach Cruiser 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, electrical extension cord, motorized wheelchair cover, 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 on the date listed on the online order form at 9:00 a.m. EST and ending on the date listed on the online order form at 6:00 p.m. EST.
II. The Party shall pay, the sum listed on the online order form for the total number of days rented, and a delivery fee 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. In addition, 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. Party expressly confirms that he, she or they will use the Chair/Walker and Equipment 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, St. George Island, and 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 he, she or they are staying overnight at the delivery address listed on the online order form while he, she or they has the Chair/Walker and Equipment and Party is responsible for the safe care and storage of the Chair/Walker and Equipment where Party is staying and at all times while Party has the Chair/Walker and Equipment in Party’s possession hereunder.
V. 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, 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. Party acknowledges that he, she or 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 his or her operation, riding, 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 and/or vehicles. 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 on the line below at the time of delivery).
VII. Party assumes full responsibility for the Chair/Walker and Equipment from the time of his or her first possession of the same and until it is picked up by Wheels in the Sand at the delivery location listed in the online order form, and he, she or 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 has a $150 or $300 (depending on chair rented) refundable damage deposit charged at checkout, Wheels in the Sand may charge the card the deposit amount to cover these Damages. Wheels in the Sand may charge the Party’s credit card an additional amount if the Damages to the Chair/Walker exceeds the damage deposit amount but not to exceed the original purchase price of the Chair/Walker.
VIII. Party represents that if renting the Debug EZ Roller Floating Wheelchair that the occupant/user weighs not more than 275 lbs., or if renting the Debug Fixed Frame All Terrain Wheelchair that the occupant weighs not more than 350 lbs., or if renting the Debug All Terrain Folding Aluminum Beach Walker that the occupant weighs not more than 275 lbs., or if renting the MobiChair Floating Beach Wheelchair that the occupant weighs not more than 275 lbs, or if renting the Beach Cruiser Motorized Beach Wheelchair that the occupant weighs not more than 285 lbs.. The Party represents that his, her, or their medical condition will not impair his, her or their ability to operate the Chair/Walker and Equipment without risk to Party or to others. Party represents that he, she or they have no medical or physical impediment which would endanger Party or others, if he, she or they use the Chair/Walker and Equipment.
IX. If the Party is renting the Beach Cruiser Motorized Beach Wheelchair, the Party will ensure that the occupant/user will always wear the seatbelt while using the Beach Cruiser Motorized Beach Wheelchair. The Beach Cruiser Motorized Beach Wheelchair is not to be used in the water or on wet sand. The Party will only use the Beach Cruiser Motorized Beach Wheelchair on dry level ground and will not drive on inclines or declines at angles to prevent rollovers. The Party will not use the Beach Cruiser Motorized Beach Wheelchair during inclement weather, or any other poor conditions. If Party is caught in the rain, the Party will cover the joystick on the Beach Cruiser Motorized Beach Wheelchair with the supplied plastic bag, and get the Beach Cruiser Motorized Beach Wheelchair back to a covered area as soon as possible to prevent damage. The Party is responsible for plugging the supplied battery charger in to a working 110v AC outlet to charge the batteries on the Beach Cruiser Motorized Beach Wheelchair at the end of each days use, and cover the Chair with the supplied cover if it is raining. The Party will not use the components of the Beach Cruiser Motorized Beach Wheelchair for any purpose other than what is intended, and that the named occupant/user will be the only person using the Beach Cruiser Motorized Beach Wheelchair.
X. Party understands 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 which are intended to protect pedestrians. Party agrees to adhere to the rules, instructions and regulations that Wheels in the Sand provides.
XI. In consideration of being permitted to rent the Chair/Walker and Equipment and to operate the same, 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 of the foregoing is 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 (Beach Cruiser Beach Wheelchair Manufacturer), NOVA Medical Products (Rollators), Medline (Walkers), Drive Medical (wheelchair), and Deschamps Mats Systems Inc (Mobi-Chair 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 and/or statutory basis, or otherwise, which may arise and/or result from personal injuries, property damage, death, illness, and/or any other source, occurring during and/or resulting from his, her, and/or their rental of the Chair/Walker and Equipment. If any lawsuit or other claim is brought by Party, or by anyone on behalf of the user on whose behalf Party entered into this Contract, which arises from or relates to injuries sustained to the person or property of Party and/or such user during, or as a result of, his, her or their use of the Chair/Walker and Equipment, then Party shall be responsible for all of Releasees’ defense costs, including, its reasonable legal fees, and in addition, Party shall be obligated to pay in full the amount of any resulting judgment entered against Releasees, or any one or more of them, and/or the amount of any good faith settlement agreed upon by Releasees, or any one or more of them, to avoid a trial or other adverse disposition of such claim.
XII. Party consents to and permits Wheels in the Sand to use its best efforts to seek 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.
XIII. Party further acknowledges and understands that Wheels in the Sand has a limited supply of Chairs, Walkers and Equipment and that Chair, Walker and Equipment breakdowns can occur in the ordinary course of their use. In the event of such breakdown, if Wheels in the Sand cannot efficiently repair or replace the Chair, Walker and Equipment so as to make the same readied for Party’s continued use of the same, Party’s sole and exclusive recourse shall be to accept a refund of the prepaid rental fee, prorated, based on the number of days and partial days of use prior to the need for repair, together with the deposit. Under no circumstances shall Wheels in the Sand be liable for any other damages or losses.
XIV. For reservations cancelled more 7 days prior to the first day of your reservation Wheels in the Sand will refund the total cost minus the credit card transaction fee. If your reservation is cancelled any time after this, you will be charged the credit card fee plus a cancellation fee of 50% of the rental fee for the reservation. If the chair or walker has an issue and we can not repair or replace the item then we will provide a refund for the remaining days in the rental period.
XV. In the event of a “named storm” predicted to impact our area, Wheels in the Sand reserves the right to pickup the Chair/Walker and Equipment at anytime during the Party’s rental period. Wheels in the Sand will contact the Party to arrange a pickup time, and refund the remaining unused days. The term “named storm” means 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 United States National Weather Service names as a tropical storm or a hurricane.
XVI. Party agrees and acknowledges that Wheels in the Sand reserves the right to cancel the reservation at anytime during the rental period when the Party is rude, or belligerent to the Wheels in the Sand owners and/or employees verbally or via electronic communications. When the reservation is cancelled Wheels in the Sand will refund the remaining unused days.
XVII. If Wheels in the Sand completes the online order on behalf of the Party, and the Party provides their payment information to complete the order then the Party acknowledges they have read and understands all of the above paragraphs and agrees to the terms of this Contract and Release.
