Carolina Surf Fishing - Rental Agreement

Effective January 27, 2025

Carolina Surf Fishing

Equipment Rental Agreement

This Equipment Rental Agreement ("Agreement") is entered into between Carolina Surf Fishing (the "Company") and the customer (the "Renter") as of the date the Renter checks the box on the Company's website (the "Effective Date").

1. Rental Terms

1.1 Rental Period: The rental period shall commence on the date of delivery and terminate on the date of pickup as specified in this Agreement.

1.2 Rental Items:

- Beach Cart: Custom Aluminium Beach Cart

- Fishing rods and reels

- Tackle boxes and fishing tools and accessories (tackle box contents, rod holders, and combination locks)

1.3 Rental Fee: The Renter agrees to pay the rental fee as specified in the Company's current pricing and rate sheet, available upon request or as provided at the time of reservation.

2. Renter's Responsibilities

2.1 Care and Use: The Renter agrees to use the rented items with care, in a manner consistent with their intended purpose, and in compliance with all applicable laws and regulations.

2.2 Return Condition: The Renter shall return the rented items in the same condition as received, ordinary wear and tear excepted. The Renter is responsible for any cleaning charges or repair costs incurred due to damage beyond normal use.

2.3 Prohibited Uses: The Renter shall not use the rented items for any illegal or prohibited purposes, including but not limited to:

- Transporting hazardous materials

- Engaging in any illegal activities including those enforced by the environmental regulatory and wildlife commissions.

- Overloading the Beach Cart beyond its specified capacity

2.4 Unauthorized Alterations: The Renter shall not make any alterations, modifications, or attachments to the rented items without the prior written consent of the Company.

2.5 Unsafe Wind Conditions:

The Renter acknowledges and agrees all rental equipment provided by Carolina Surf Fishing should not be set up or used in unsafe water and/or tidal current conditions. Unsafe conditions may include, but are not limited to stormy weather, rip tides, lightning, thunderstorms, or any other weather conditions that may pose a risk to the stability and safety of the equipment.

It is the sole responsibility of the Renter to monitor weather conditions and assess whether it is safe to set up and use the equipment. If, at any time, the Renter observes or anticipates unsafe conditions, they must promptly secure the equipment to prevent damage, injury, or accidents.

Carolina Surf Fishing reserves the right to refuse the rental and/or setup of the equipment if, in its sole discretion, weather conditions warrant such refusal. In the event of a refusal, no refund will be provided. The Renter understands and agrees that this decision is made with the primary concern for the safety and well-being of all parties involved.

Carolina Surf Fishing shall not be held liable for any damages, injuries, or losses incurred due to the Renter's failure to adhere to this safety precaution. The Renter assumes full responsibility for the proper use, setup, and cessation in consideration of prevailing weather conditions.

3. Liability and Indemnification

3.1 Release of Liability: The Renter assumes all risks and liabilities associated with the use, operation, or possession of the rented items. The Company shall not be liable for any injuries, damages, losses, or claims arising from the Renter's use of the rented items.

3.2 Indemnification: The Renter agrees to indemnify and hold harmless the Company, its officers, employees, and agents from any claims, actions, damages, or liabilities arising from the Renter's use, operation, or possession of the rented items.

4. Reservation and Payment

4.1 Reservation: The Renter agrees to make a reservation for the rented items by checking the designated box on the Company's website checkout page, indicating their acceptance of the terms and conditions outlined in this Agreement.

4.2 Payment: The Renter shall pay the rental fee in accordance with the payment instructions provided on the Company's website.

5. Termination and Cancellation

5.1 Termination: The Company reserves the right to terminate this Agreement and reclaim the rented items at any time if the Renter breaches any terms or conditions outlined herein.

5.2 Cancellation: The Renter may cancel the reservation in accordance with the Company's cancellation policy, as specified on the website.

6. Miscellaneous

6.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, written or oral, relating to the subject matter hereof.

6.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of North Carolina, USA.

6.3 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

By checking the designated box on the Company's website, the Renter acknowledges that they have read and understood the terms and conditions of this Agreement, including the rental of any equipment, and agree to be bound by them.