Rental Terms of Service
- General; Service; Rental Not Purchase; Adult Agreement Required. We offer a service comprised of the rental of a Summerboard and related equipment (collectively, the “Program” or “Service”). In consideration of Your use of the Service, We require that You agree to all the terms and conditions in this Rental Agreement (the “Rental Agreement” or this “Agreement”). You agree and acknowledge that You are renting the equipment and that ownership of the equipment remains with Us at all times. A valid credit card is required to rent a Summerboard. The Summerboard may be rented by and used by individuals at least 18 years of age only. If Member falsifies or misrepresents Member’s age, Member and his/her legal guardian accept full responsibility for all Claims (as defined below) related to such misrepresentation.
- Modifications to Agreement. We reserve the right to unilaterally amend, modify, or change this Rental Agreement (each a “Modification”), at any time and from time to time, in Our sole discretion, without Your consent. Whenever a Modification is made to this Rental Agreement, We will post a notification of such Modification on http://www.summerboard.com/pages/rental-terms (the “Website”). By continuing to use the Service after any Modification, You agree to be bound by such Modification. You must carefully review this Agreement on the Website from time to time in order to maintain awareness of all Modifications.
- Rental Term. This Equipment Rental Agreement shall begin on the above Effective Date and shall terminate on the date in which You cancel the rental subscription and all equipment is received by Summerboard, Inc., unless otherwise terminated in a manner consistent within these terms. The Initial Rental Term is 30 days, then you will be billed in 30-day increments for the Extended Rental Term until the rental unit is returned.
- Rental Fees; Return of Equipment; Credit Card Authorizations. We agree to rent to You, and You agree to rent from Us, the Summerboard and related equipment (collectively known as “Equipment”), on a 30-day basis, through the Service subject to the terms and conditions of this Rental Agreement and in accordance with the rates set forth on the Website, which are subject to applicable sales taxes and other local government charges and which may be modified from time to time at Our sole discretion. The Initial Rental Term is $399 for 30 days, and the Extended Rental Term will be charged in 30-day increments at $99 per 30-days. All charges shall commence from the Effective Date of this Agreement. We shall charge You on a 30-day basis, through the credit card provided by You. By participating in the Program, You accept responsibility for all recurring charges until you cancel your subscription. You may cancel your subscription at any time, subject to the terms of our cancellation policy, at http://www.summerboard.com/pages/rental-returns. You understand and agree that the purpose of the Service is to provide access to a Summerboard and that You assume full responsibility for care of the Equipment during the period of time You rent the Equipment (“Rental Period”). If the Equipment is damaged, stolen, or lost during the Rental Period, You shall immediately return any such damaged Equipment and/or report any such stolen or lost Summerboard to Us. You shall compensate Us if the Equipment is damaged (excluding damage from normal wear and tear), stolen, or lost during the Rental Period. Amounts due for a damaged, stolen, or lost Equipment will be charged to the credit or debit card associated with Your account up to a maximum of $1,599 per Summerboard. If the Equipment is damaged, You will be charged the cost to repair damages, as determined by Us and our affiliates in our sole discretion, when the damages are reported to or discovered by Us. If the Equipment is stolen or lost, You will be charged up to an amount of $1,599 when the theft or loss is reported to or discovered by Us. You hereby authorize Us to charge Your credit or debit card for all fees incurred by You as well as such amounts due in connection with any damaged, stolen, or lost Summerboard. If You dispute any charge on Your account, then You must contact Us within ten (10) days of Your receipt of Your statement containing the disputed charge.
- Our Commitments to You; Availability of Service; State of Good Repair. (a) Warranty. The Summerboard is rented to with the standard Summerboard warranty. (b) We and Our partners are not responsible for any damage caused by the Equipment, including to clothing or other personal items. (c) State of Good Repair. We will make every effort to provide Summerboards that are usable and in a state of general good repair. Before using a Summerboard, You shall inspect such Summerboard for defects and report to Us any such defect. You must report defects to Us by phone or email, prior to use of the Summerboard. If You notice a Summerboard with a defect, You must not use the Summerboard.
- Your Commitments to Us; Miscellaneous Requirements. (a) Use of the Equipment. You agree to treat the Equipment with great care and use the Equipment only for the purpose for which it was designed and not for any other purpose. You are responsible for loss or damage to the Equipment rented by You due to theft, mysterious disappearance, or any other cause, other than ordinary wear and tear. (b) Rental of Multiple Summerboards. Members may only rent one Summerboard at a time. (c) Protecting the Equipment. If You leave a Summerboard unattended at any time for any reason, You are responsible for protecting against theft of the Summerboard. (d) Returning the Equipment. Upon cancellation of Your Summerboard rental subscription, You agree to return all equipment to Summerboard, Inc. at Your expense. Rental charges are billed to You for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned. You agree to refer to the Website for further requirements for returning the Equipment and to comply with any and all such requirements and instructions http://www.summerboard.com/pages/rental-returns.
- Media Release. We reserve the right to photograph and record You using the Equipment. You hereby give Us the right to use Your image and likeness (including caricature), and any reproduction or simulation thereof, in any media now known or hereafter developed, both during and after the term of this Agreement, for whatever the purposes We deem necessary or desirable. You hereby waive any right to royalties or other compensation arising from or related to any such use by Us or related entities.
- Force Majeure. With the exception of any payment obligations, neither Party shall be liable for failing to perform its obligations hereunder (other than payment obligations) were delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control.
- Dispute Resolution. This Agreement and any dispute relating to this Agreement shall be governed by and interpreted in accordance within the law and the Parties irrevocably agree that the courts within the State of California shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement, regardless of individual party location. Parties irrevocably submit to the exclusive jurisdiction of the federal and state courts located within the State of California.
- Default; Remedies. Default. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement: (a) You fail to pay any amount provided for in this Agreement when such amount is due or otherwise breaches Your obligations under this Agreement. (b) You become insolvent or make an assignment of rights or property for the benefit of creditors or files for or have bankruptcy proceedings instituted against You under the Federal bankruptcy law of the United States or another competent jurisdiction. (c) A writ of attachment or execution is levied on the equipment and is not released or satisfied within 10 days. Remedies. On the occurrence of an Event of Default, the Lessor will be entitled to pursue any one or more of the following remedies (the "Remedies"): (a) Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to You. (b) Commence legal proceedings to recover the Rental fees and other obligations accrued before and after the Event of Default. (c) Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. You waive any and all damage occasioned by such taking of possession. (d) Pursue any other remedy available in law or equity.
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY. In consideration for your participation in the Program and Your use of any of the Services, You hereby freely and voluntarily acknowledge and/or take action for yourself, and on behalf of Your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on Your behalf, as follows:
- YOU HEREBY ACKNOWLEDGE AND ASSUME ALL RISKS OF PARTICIPATING IN THIS PROGRAM. You acknowledge that using a Summerboard is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is Your responsibility to determine whether You are sufficiently fit and healthy enough to safely participate in the Program, which You elect voluntarily. You have no physical or medical condition that would endanger You or others if You participate in the program, or would interfere with Your ability to safely participate. You also certify that You have not been advised against participation in the Program by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic. You assume all other risks associated with participation in the Program including without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, Equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other riders; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure and/or design of Equipment supplied by, or the negligent acts, omissions and/or carelessness of, the Released Parties. You understand that You will be participating in the Program at Your own risk, that You are responsible for the risks of participation in the Program, and that Your participation in the Program is fully voluntary.
- You have been advised to wear a protective helmet while participating in the Program. You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You assume responsibility for any injury, loss, or damage associated with Your choosing not to wear a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, You assume responsibility for any injury, loss, or damages associated with Your participation in the Program even if You choose to wear a protective helmet. You will also agree to follow the “Rules of the Road”: follow and obey all laws, obey traffic signals and stop signs, ride with traffic, make Your intentions clear to motorists and other road users, ride in a straight line and do not swerve, signal turns, and check before turning or changing lanes.
- You understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs while riding a Summerboard and You recognize that consumption of alcohol and/or drugs might impair Your judgment and motor skills. You assume responsibility for any injury, loss, or damage associated with Your consumption of alcohol and/or drugs.
- YOU WAIVE, RELEASE, AND FOREVER DISCHARGE Summerboard Inc., the Program’s sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities involved with the Program, and all state, city, town, county, country, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Program take place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds, which You have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, Your participation in the Program, including Your death, personal injury, partial or permanent disability, negligence, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS, OMISSIONS, OR THE CARELESSNESS OF THE RELEASED PARTIES AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases.
- YOU FURTHER COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the Claims that You have waived, released, or discharged herein. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by You or third parties, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, Your breach or failure to abide by any part of this Waiver, by Your breach or failure to abide by the rules of the Program and/or Your actions or inactions which cause injury or damage to any other person.
- You understand that the Program does not provide insurance coverage for injuries incurred during the Program. You agree to be responsible and assume liability for any and all costs incurred as a result of participation in the Program, including without limitation ambulance transport services, hospital stays, medical treatment, except for care and treatment covered by Your insurance. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.
- You understand that We reserve the right, at Our sole and complete discretion, to deny Your participation in the Program.
- FOR THE AVOIDANCE OF DOUBT, YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT WE AND ALL OTHER RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM THAT ARISES OUT OF OR RELATES TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, SUMMERBOARD, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, OR (E) YOUR FAILURE TO WEAR A HELMET WHILE PARTICIPATING IN THE PROGRAM. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY RELEASED PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM PARTICIPATION IN THE PROGRAM OR THE USE OF, OR INABILITY TO USE, THE SERVICES. IF WE, OR ANY RELEASED PARTY, ARE FOUND TO BE LIABLE, SUCH LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID HEREUNDER OR (B) ONE HUNDRED US DOLLARS ($100).
- Term and Termination. We may unilaterally terminate Your right to use the Service, in Our sole discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Us and (ii) You may still be charged any applicable additional fees arising under this Agreement. Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11 shall survive any termination or expiration of this Agreement.
- Miscellaneous. The Rental Agreement constitutes the entire agreement between Member and Us with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, representations, and undertakings with respect to the subject matter hereof. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action, suit, or other legal proceeding which is commenced to resolve any matter arising under or relating to any provision of this Agreement shall be commenced only in a court of the State of California. Termination of this Agreement or your right to use the Service will not relieve You of any payment obligations hereunder. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. We shall not be liable for failure to perform any of Our obligations hereunder for reasons that are beyond Our reasonable control, including, without limitation, fire, flood, earthquake, natural disaster, interruptions in supply, war, embargo, riots, or acts of terrorism.