The Beach Wagon LLC PO Box 9160 - Panama City Beach - FL - 32417 The Beach Wagon, located in Panama City Beach, FL, is pleased to present you with this “Rental Agreement”. Once both parties have signed this Agreement and the Method of Payment has been received by The Beach Wagon, this Agreement shall constitute the entire written agreement between both parties. This "Agreement" dated {Booking Date}, BETWEEN: LESSOR The Beach Wagon LLC (the "Lessor") LESSEE {4:First Name} {5:Last Name} (the "Lessee") IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Lessor leases the Equipment to the Lessee, and the Lessee leases the Equipment from the Lessor on the following terms: LESSEE Address: {22:Home Street Address 1} {23:Home Street Address 2}, {24:City}, {25:State} {26:Zip Code} Delivery & Pickup Address: {35:Vacation Rental Street Address 1} {36:Vacation Rental Address 2}, Panama City Beach, FL {37:Vacation Zip Code} Delivery Date: {Start Date} Pickup Date: {End Date} Deliveries & Pickups will be from 7am and 9am or 5pm and 7 pm to the same address and spot unless otherwise specified above. Deliveries & Pickups are subject to change and will be made up to one week before the delivery date. Failure to meet at agreed upon time may result in a $75 convenience fee. Equipment may only be received with proof of valid picture identification by the lessee. Lessee must be over the age of 21. Terms of Agreement: 1. The Lessor agrees to lease the Equipment to the Lessee, and the Lessee agrees to lease the Equipment from the Lessor in accordance with the terms set out in this Agreement below. 2. The Agreement commences on {Start Date}, and will continue until {End Date}. 3. The rent for the Equipment, inclusive of sales tax, will be {Total Amount}, includes deposit, and the Rent will be paid the date of signing the agreement. 4. Deposit- {Security Deposit} will be taken, included in the total above and will be refunded within 5 business days after equipment is returned and inspected; refund time to your account is dependent upon both the lessor and lessee’s third-party processors. 5. Equipment is as follows, and delivered in working condition: {Order Details}. DELIVERY OF EQUIPMENT, USE OF EQUIPMENT REPAIR AND MAINTENANCE OF EQUIPMENT WARRANTIES LOSS AND DAMAGE "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment. a. "Equipment" means Beach Wagon, Beach Chairs, Beach Umbrellas, Beach Sunshades, Coolers and Toys, Blankets, and Other Supplies which has an approximate package value of $1,000.00, more or less dependent on the equipment’s replacement value. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment. The Lessor will, at the Lessor's own expense and risk, deliver the Equipment to the Lessee at To Be Determined, Panama City Beach, FL 32400. If the Equipment is lost or damaged, the Lessee will continue paying the agreed upon Rent and will provide the Lessor with prompt written notice of such loss or damage and will, if the Equipment is repairable, pay necessary fees to put or cause the Equipment to be put in a state of good repair, appearance, and condition. In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee. The Lessee will use the Equipment in a good and careful manner and will comply with all requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law. Rules of Use 1. Tires are supposed to be underinflated. Please do not add air. If you suspect there is a problem with a tire, please contact 850-977-0777 immediately. 2. Humans and animals should not be inside the equipment rental. 3. Load bags in the front of the cart BEFORE adding chairs to the back rails. Chairs may also be put in the basket. A maximum of 6 chairs should be used per wagon. 4. The Lessee will use the Equipment for the purpose for which it was designed and not for any other purpose. 5. Umbrellas must be secured in the wagon umbrella holder to prevent umbrella from breaking loose in winds. Sunshades must be properly secured using the provided anchors. 6. Keep all beach equipment out of the water. This equipment is designed to set up on the sand only. 7. All equipment must be secured at night inside your condo/rental/hotel room/residence. 8. Weight limits are posted for all equipment on http://www.thebeachwagon.com and must be adhered to. Failure to do so may result in damaging the equipment or bodily, for which The Beach Wagon LLC holds no liability. Cancellation of Rental: Upon execution of this Agreement, The Beach Wagon will protect your and reserved rental. Cancellation of these scheduled dates will be subject to the following assessment as liquidated damages due to the difficulty in reselling the reserved rental: Two Weeks from specified delivery date: Will forfeit $100.00 deposit. One Week from specified delivery date: Will forfeit rental price minus deposit. Conditions: In consideration of being permitted access to the use and enjoyment of the above equipment and recognizing and acknowledging that use of this equipment may inherently carry some risk of injury, the undersigned, in his/her personal capacity, and on behalf of any minor or other users, hereby waives any liability to the owner/operator of said equipment and agrees to indemnify and save harmless said owner/operator, its agents, servants and employees from any and all actions or liabilities for any injury or loss that may result from said use. I, the undersigned, have carefully read and fully understand and agree to the above rules and conditions above. Lessee understands and acknowledges that use of equipment/products, both known and unknown risks, including, but not limited to, physical injury from falling; slipping; emotional injury; paralysis; distress; damage; or death to any participant. Lessee agrees to indemnify and hold The Beach Wagon LLC harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages, and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless The Beach Wagon LLC from injuries or damage incurred as a result of the use of the leased equipment. The Beach Wagon LLC cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless The Beach Wagon LLC from any loss, damage, theft, or destruction of the equipment during the term of the lease and any extensions thereof. ACCEPTANCE The acceptance of the foregoing Agreement and attachments listed above meet with my approval, and I understand all of the terms and conditions. I understand that any changes or notations that I have made to this Agreement, are contingent upon the Beach Wagon’s final approval and execution of this Agreement. Approval on behalf of: {4:First Name} {5:Last Name} The entire staff at The Beach Wagon sincerely appreciates the opportunity to serve you. You can be assured of the effort of the entire staff and my personalized attention to help make your rental most enjoyable and successful. We strive to provide our services for a reasonable price and ask that you treat all equipment with respect. Upon receipt of the signed agreement, a signed copy will be returned to you. As evidenced below, the Agreement is hereby approved and considered to be legally binding to the lessor and the lessee. Approval on behalf of: The Beach Wagon, LLC Jacy Elmore, Owner The Initial Lines Below are to be initialed upon delivery and pick-up. {4:First Name} {5:Last Name} received the contents stated in this contract and accepts that it is in good condition (only to be initialed once equipment rental is received). Initials _________ {4:First Name} {5:Last Name} returned the contents stated in this contract and acknowledges that it is in good condition (only to be initialed once equipment rental is returned). Initials __________