​By approving this transaction and/signing/ and or clicking the accept button below, you (“User”) agree to the terms and conditions of use outlined below by Beachside Services LI (“Beachside”): Whereas Beachside desires to provide, and User desires to receive, certain services [including, but not limited to pick up, delivery, set-up and return of personal property of the User (“Services”], and/or certain tangible personal property [including, but not limited to, beach chairs, tents, umbrellas, coolers and beach toys (“Equipment”)] and in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows: 1. User agrees that they are over the age of eighteen (18) and legally has the authority to bind any and all individuals using the Services and/or Equipment during the term of this Agreement; 2. User agrees to use the Equipment in a careful and proper manner and only for their intended purpose; 3. BEACHSIDE DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT THAT BEACHSIDE WARRANTS THAT BEACHSIDE HAS THE RIGHT TO LEASE THE EQUIPMENT, AS PROVIDED IN THIS AGREEMENT; 4. User uses the Services and/or Equipment at their own risk and waives any liability on the part of the Beachside for any damage or injury caused using the Services and/or Equipment; 5. User holds the Beachside harmless regarding any damage caused to any property belonging to the User; 6. User understands and accepts that the placement on the Equipment and/or their personal property on the beach is in no way guaranteed other than the Equipment and/or personal property will be placed on the beach in a reasonable proximity to the requested area given the facts, circumstances and conditions at the beach at the time of placement; 7. User agrees to be responsible for the Equipment being used and assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of User under this Agreement which shall continue in full force and effect through the term of the Agreement. The User shall be responsible for the cost to repair or replace any equipment leased to them. 8. User agrees that the use of any of the Equipment is limited to 5:00pm of the same day User took possession of the Equipment. User agrees that if they contracted for the return of their personal property to the area of pickup that said Agreement terminates at 5:00pm and User shall then be responsible for returning their personal property to the area of pickup with no liability on the part of Beachside. 9. User agrees not to relocate the Equipment or their personal property once set up by Beachside; 10. User shall return the Equipment to Beachside in good repair, condition and working order. The Equipment shall be inspected by Beachside upon receipt of same and Beachside shall solely determine the condition of the Equipment. 11. User shall indemnify Beachside against, and hold Beachside harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys fees and costs, arising out of, connected with, or resulting from Users use of the Services and/or Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment. 12. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Beachside; and the User shall have no right, title or interest therein or thereto. 13. Any disputes arising out of this Agreement shall be submitted to binding arbitration the cost of which shall be shared equally by all parties. The User specifically waives any bench or jury trial and agrees that the arbitration process under the rules and procedures promulgated by the American Arbitration Association shall be the sole means of dispute resolution. The parties agree that Nassau County, New York shall be the venue for any dispute resolution using the laws of the State of New York. 14. This instrument constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto. 15. Service of all notices under this Agreement shall be sufficient if given personally or emailed to the email address used in the reservation of the Services or Equipment.