PLEASE REVIEW THE FOLLOWING INFORMATION CAREFULLY!
Hurricane Policy: There will be NO REFUNDS GIVEN BECAUSE OF MANDATORY EVACUATIONS RELATED TO HURRICANES. You are encouraged to purchase travel insurance to cover this possibility. If the state or local authorities order a mandatory evacuation of an area that includes the Premises, the Guest must comply with that order. Guest is not entitled to any refund if they did not purchase vacation investment insurance. The guest that purchased insurance shall file a claim with that company for reimbursement.
Grills: The use of propane and charcoal grills is not permitted on decks, walkways, porches, in garages or carports, near siding, or under the house. Please use the driveway or designated area for grilling out. Guest is responsible for dumping the cooled ashes of charcoal grills and dumping grease pans of propane grills upon departure.
Guests agree to pay to replace rental items lost, damaged, or stolen while in their possession. Replacement costs will are charged to the guest’s credit card.
If you arrive at the vacation home and find the homeowner furnishes the item(s) you have rented, there will be a $50.00 Return Fee. We will be happy to pick up the item(s) for you and reimburse you for the order minus the $50.00
Seasonal deliveries start Saturday by 8:00 a.m. and completed by 7:00 p.m. Sunday deliveries are from 9:00 a.m. – 11:00 a.m.
Delivery of item(s) is made to the exterior of the building, usually the carport area. Guest staying in a condominium or has rented baby equipment; these items are placed outside the entry door. Guests do not need to be present for delivery.
Items should be available for departure pickup by 9:00 A.M. on the day of departure. Upon departure, please place rental items outside where the items were left upon arrival. There will be a $50 Charge if the Staff has to retrieve any items inside of a vacation home.
Sand Dunes: Please do not walk, play, litter on our dunes. The dunes are our only line of protection to our island. There are fines and ordinances against dune destruction in Surf City, Topsail Beach and North Topsail Beach.
RELEASE OF LIABILITY READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Vacation Equipment Rental organized by Everything Beach, LLC, of 1249 NC HWY 172, Holly Ridge, North Carolina, 28445 and/or use of the property, facilities, and services of Everything Beach, LLC, agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Everything Beach, LLC, or the employees, representatives or agents of Everything Beach, LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Everything Beach, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Everything Beach, LLC, whether caused by the fault of myself, my family, Everything Beach, LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Everything Beach, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Everything Beach, LLC.
4. FEES. I agree to pay for all damages to the facilities of Everything Beach, LLC caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under North Carolina law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Everything Beach, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event, any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
I agree to the terms and conditions of this Agreement and desire to complete my reservation.