Terms of service

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Terms and Conditions: 
Renter agrees to rent, upon the terms, conditions and rules set forth herein, one Bungalow (trailer), which includes - a generator, pellet grill, refrigerator and freezer combo, Bluetooth sound system, cocktail blender, barstools, hammock chairs, oscillating fan, and lights. Fuel for the generator and wood pellets for the pellet grill are included. 

Security and Property Damage Deposit. The Security Deposit shall be held by Beach Bum Bungalows, LLC without interest as security for the performance by Renter of Renter’s covenants and obligations under this Agreement, it being expressly understood that such deposit is not an advance payment of rental or a measure of Beach Bum Bungalows, LLC’s damages in case of a default by Renter.  Upon the occurrence of any event of default by Renter, Beach Bum Bungalows, LLC may, without prejudice to any other remedy provided herein or provided by law, use the Security Deposit to the extent necessary to make good any default in payment of Rent and any other damage, injury, expense, or liability caused to Beach Bum Bungalows, LLC by such event of default. This provision shall not prejudice and is supplemental to any other right or remedy Beach Bum Bungalows, LLC may have in this Agreement or is provided by law.
Indemnification and Hold Harmless Agreement: Renter agrees and hereby covenants and undertakes to indemnify, save and hold Beach Bum Bungalows, LLC, its officers, members, managers, agents, employees, representatives, successors and assigns harmless from any and all liability, damages, expense, causes of action, suits, claims, judgments, or costs of any kind or character arising from or alleged to arise from the death, injury, or illness of any person or persons or damage to property of any and every nature arising in whole or in part out of the use, misuse, occupancy, management, or control of the Bungalow and/or the surrounding areas by Renter, Renter’s guests, family members, invitees, licensees, representatives, employees, vendors, contractors and/or agents or any one or more of them or out of any defect, whether known or unknown to Beach Bum Bungalows, LLC, or the materials or workmanship or both of a part of the Bungalow, whether or not such liability, damages, expenses, causes of action, suits, claims, judgments, or costs arise from or are attributed to the joint or concurrent negligence of any one or more of Beach Bum Bungalows, LLC or its officers, members, managers, agents, employees, representatives, successors or assigns.

Renter shall indemnify, defend and hold harmless Beach Bum Bungalows, LLC, its officers, members, managers, agents, employees, representatives, successors and assigns from and against any and all loss, cost (including attorneys’ fees), damages, expenses and liability (including statutory liability and liability under workers compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits and administrative proceedings arising out of any act or negligence by Renter, its agents, representatives, employees, vendors, contractors, family members, guests, invitees, licensees or representatives, in, on or about the Bungalow.  This indemnity shall survive the termination of this Agreement.  
Renter hereby releases Beach Bum Bungalows, LLC from any and all liability or responsibility to Renter or anyone claiming through or under Renter by way of subrogation or otherwise for any loss or damage.   Notwithstanding any provision herein contained to the contrary, on behalf of itself and its insurer, Renter waives any and all claims (whether direct or by way of subrogation) against Beach Bum Bungalows, for any such loss, damage or destruction.
Personal and Abandoned Property. Neither Beach Bum Bungalows, LLC nor its officers, members, managers, agents, employees, representatives, successors and assigns shall have responsibility for any property placed in or on the Bungalow or any property that may be left on the Bungalow (whether intentional or unintentional) after the rental period has concluded.
Alcohol. No alcoholic beverages shall be sold from the Bungalow. Renter shall be responsible for all alcohol served or consumed on or near the Bungalow during the rental period.  Renter agrees and warrants that there shall be NO CONSUMPTION OF ALCOHOL BY PERSONS UNDER AGE 21 on or near the Bungalow.  Renter agrees to confirm the age of persons consuming alcohol and to refuse to allow alcohol to be served to, or consumed by, any person who appears to be intoxicated or under 21 years of age.  Renter shall monitor all service, if any, of alcohol and specifically acknowledges that Renter is solely liable for the consumption of any alcohol by any person on or near the Bungalow and that such liability shall extend to any aspect regarding the consumption of alcohol.  
Waiver of Liabilities. Renter hereby waives any and all liabilities for injury or harm that may occur on during use of the Bungalow and further agrees to indemnify and hold Beach Bum Bungalows, LLC and its officers, members, managers, agents, employees, representatives, successors and assigns for any injury or harm caused to any guest, family member, licensee, invitee, agent, employee or vendor of Renter.  Renter agrees to accept the Bungalow in its “as-is” condition with all “faults”. 
Assignment and Sub-Rent. Renter shall not assign any interest in this Agreement or otherwise transfer or sub-rent the Bungalow or any part thereof.
Alterations.  Renter shall not alter the Bungalow. 

Damage or Destruction.  Renter agrees to give Beach Bum Bungalows, LLC immediate notice of any damage occurring to the Bungalow.  

No Waiver of Covenants or Conditions. The failure of any Party to insist on strict performance of any covenant or condition hereof, or to exercise any option or election herein contained, shall not be construed as a waiver of such covenant, condition, option or election in any other instance.  This Agreement cannot be changed, amended or terminated orally.
            
Attorneys’ Fees. If Renter defaults hereunder, Renter shall pay to Beach Bum Bungalows, LLC, in addition to all other sums due Beach Bum Bungalows, LLC hereunder, all attorneys’ fees and expenses incurred by Beach Bum Bungalows, LLC in enforcing the terms and provisions of this Agreement, including, without limitation, those incurred in any litigation against Renter.

Force Majeure. If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to power outages, water supply interruptions, strikes, riot, storms, explosions, acts of God, war, terrorism, pandemics, orders from any federal, state or local government or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

Cancellation Policy: If Renter gives notice of cancelation at least 72 hours before the drop-off, Renter will forfeit its deposit, but will not incur any additional charges. If Renter does not give notice of canclast 72 hours before the scheduled drop-off time, payment of the Total Rent, plus the reservation Deposit will be due and payable even if Renter does not accept delivery of the Bungalow. 

Rental Agreement Rules: 
*____ Renter must be 21 years of age or older to rent a Bungalow. 
*____ Bluetooth sound system must remain connected with the Bungalow during the rental period. Broken, lost or stolen sound equipment will result in a $250 fee. 
*____ No carving or disfiguring the Bungalow. Such damage will result in a $200 fee. 
*____ No fireworks or open flames on the Bungalow. This will result in a fee up to $1,000. 
*____ Fire pits and bonfires are to be no less than 50 feet from the Bungalow. A fire extinguisher has been provided. 
*____ Renter must remain with the Bungalow until it is picked up. DO NOT leave the Bungalow abandoned. Renter is liable for any loss or damages which may occur during the rental period. 
*____ No standing on bar tops, climbing on top of the Bungalow, or jumping from the swings or stools. 
*____ Hammock chairs are limited to 225 lbs. 
*____ Lost, stolen or damaged cocktail machines will result in a $250 fee. 
*____ Generator is locked. Do not tamper with it. Noncompliance will result in a $500 fee. 
*____ Trailer hitch is locked. Do not tamper with it. Noncompliance will result in a $500 fee. 
*____ Bungalows are not to be moved or relocated for any reason without the express written permission from the Beach Bum Bungalow’s, LLC. 
*____ Renter is required to secure its own space for the location it has chosen. That means approximately 30 feet long [2 full truck lengths] for parking and approximately 16 feet in front for picking up the Bungalow. 
*____ All trash must be removed from the Bungalow prior to the pickup time. 
*____ Children must be supervised when on or around the Bungalow.
*____ Renter has been informed and fully understands these Rules and will inform all persons using the Bungalow of such Rules and be responsible for ensuring all persons using the Bungalow adhere to such Rules. Renter will contact Beach Bum Bungalows, LLC if any questions or concerns arise during its use of the Bungalow. 
Failure to Adhere to Rule or Term of this Agreement: Failure to follow any term of this Agreement or any of the above Rules may result in immediate termination of the Agreement and removal of the Bungalow without a refund of rental fees or other charges. 

Inspection: Renter shall note any existing damages to the Bungalow before taking possession. Renter will be responsible for any damage at the time of pickup unless noted below.