This Rental Agreement (“Agreement”) constitutes a legally binding contract between Crystal Coast Beachside Grills & Gear (“Company,” “we,” “us,” or “our”) and the individual placing the order (“Customer,” “you,” or “your”). By placing an order, submitting payment, selecting the required acknowledgment checkbox, or accepting delivery of rental equipment, Customer acknowledges that he or she has read, understands, and agrees to be legally bound by this Agreement, whether or not physically signed.

1. Electronic Acceptance and Affirmative Acknowledgment

This Agreement is presented electronically at the time of booking. By selecting the acknowledgment checkbox stating “I HAVE READ AND AGREE TO THE RENTAL TERMS AND CONDITIONS,” and completing checkout, Customer affirms acceptance of this Agreement. Failure to read the Agreement does not relieve Customer of its binding effect.

2. Eligibility and Authority

Customer represents and warrants that he or she is at least eighteen (18) years of age, has legal capacity to enter into this Agreement, and is authorized to use the payment method provided. Customer further represents that all information submitted is accurate and complete.

3. Identification Requirement and Criminal Notice

Customer shall provide valid government-issued photo identification prior to delivery or release of equipment. The name on the identification must match the name associated with the rental transaction. The Company reserves the right to refuse service, cancel an order, or withhold delivery if satisfactory identification is not provided.

Criminal Notice – Failure to Return Rental Property

Customer is hereby notified that, pursuant to North Carolina General Statute § 14-167, willful failure to return rented property at the expiration of the rental period may constitute a criminal offense.

Under N.C. Gen. Stat. § 14-167:

• Willful failure to return rented property may constitute a Class 3 misdemeanor.
• If the value of the unreturned property exceeds Four Thousand Dollars ($4,000), the offense may constitute a Class H felony.

Customer acknowledges that failure to return equipment, failure to arrange an extension, or failure to communicate regarding delayed return may result in civil liability, criminal prosecution, recovery actions, replacement costs, extended rental charges, administrative recovery fees, and attorney’s fees where permitted by law. This notice does not limit the Company’s right to pursue any available civil remedies.

4. Rental Period

The rental period begins upon delivery and continues until retrieval by the Company. Customer shall ensure equipment remains accessible at the designated pickup time and original delivery location. Failure to provide access shall result in a late fee of Fifty Dollars ($50.00) per day, or portion thereof, until recovered.

5. Payments and Charge Authorization

Advance payment is required to secure rental equipment. Customer expressly authorizes the Company to charge the payment method on file for rental fees, delivery fees, late fees, cleaning charges, repair costs, replacement costs, lost or stolen equipment, security deposit forfeitures, administrative recovery costs, and any other amounts owed under this Agreement. This authorization survives termination of the rental.

6. Security Deposit

Where required, the security deposit secures Customer’s full performance of this Agreement. The deposit will be refunded within two (2) to three (3) business days following retrieval and inspection, provided the equipment is returned in good condition, reasonably clean, free of damage beyond normal wear and tear, and not lost or stolen.

7. Deposit Forfeiture and Liquidated Damages

Customer acknowledges that damages arising from misuse, contamination, delayed availability, administrative processing, or equipment loss are difficult to calculate with precision. Accordingly, cleaning fees, late fees, replacement charges, administrative fees, and deposit forfeitures constitute agreed liquidated damages and not a penalty.

If total charges exceed the security deposit, Customer authorizes the Company to charge the remaining balance to the payment method on file.

8. Equipment Condition and Presumption of Delivery

All equipment is inspected prior to delivery and deemed in good working condition unless otherwise documented. Customer must notify the Company within twenty-four (24) hours of delivery of any defect or damage. Absent such notice, equipment shall be conclusively presumed delivered in good condition.

Damage identified upon retrieval shall be presumed to have occurred during Customer’s possession unless Customer provides clear and convincing evidence to the contrary.

Customer assumes full responsibility for care, custody, and control of the equipment during the rental period.

9. Grills, Smokers, and Fire Equipment

Grills and fire-based equipment must be used outdoors only and never indoors, under decks, or within enclosed spaces. Equipment must remain attended while in operation. Propane valves must be shut off when not in use.

Shellfish cooking must be disclosed in advance. Undisclosed shellfish use, excessive grease buildup, food residue, or burn accumulation may result in cleaning fees, deposit forfeiture, and additional remediation charges.

Customer assumes all risks associated with fire-based equipment.

10. Delivery, Site Conditions, and Right of Entry

Customer represents that he or she is the lawful occupant of the premises or has authorization from the property owner or landlord to grant access.

Customer expressly grants the Company permission to enter the premises at reasonable times for delivery, inspection, repositioning for safety, and retrieval of equipment. This authorization includes exterior areas such as driveways, yards, decks, and beach access areas where legally permissible.

The Company shall not be liable for trespass claims when acting pursuant to this authorization. If access is denied, Customer remains financially responsible for continued rental charges and recovery costs. This right survives termination until equipment is retrieved.

11. Inclement Weather

The Company reserves the right to delay, withhold, or retrieve equipment when weather or site conditions are unsafe. Voluntary cancellations due to weather remain subject to the Cancellation Policy unless a mandatory evacuation order applies.

12. Cancellation and Force Majeure

Cancellations made fourteen (14) or more days prior to the rental start date shall receive a 100% refund less a Twenty-Five Dollar ($25.00) processing fee. Cancellations made between thirteen (13) and seven (7) days prior shall receive a 50% refund less a Twenty-Five Dollar ($25.00) processing fee. Cancellations fewer than seven (7) days prior are non-refundable.

Mandatory evacuation orders issued by Carteret County Emergency Management shall result in refunds only for dates directly impacted by the official evacuation period. Dates outside the official evacuation period remain fully chargeable.

13. Assumption of Risk

Customer acknowledges that rental equipment may involve inherent risks including fire, wind displacement, structural failure, bodily injury, allergic reaction, property damage, or death. Customer voluntarily assumes all such risks.

14. Third-Party Guest Waiver and Indemnification

Guests, invitees, tenants, and third parties accessing the equipment do so at Customer’s direction and risk. Customer agrees to indemnify and hold harmless the Company from claims brought by such third parties arising from use or presence of the equipment.

15. Indemnification

Customer agrees to indemnify, defend, and hold harmless the Company and its representatives from all claims arising from Customer’s possession, use, or misuse of equipment, except where caused solely by the Company’s gross negligence or willful misconduct.

16. Commercial Insurance Disclaimer

The Company does not provide liability insurance coverage for Customer or third parties arising from equipment use. Customer is solely responsible for obtaining appropriate insurance coverage.

17. Limitation of Liability and Emotional Distress Waiver

To the fullest extent permitted by law, the Company’s aggregate liability shall not exceed the lesser of the total rental fees paid or Five Hundred Dollars ($500.00). The Company shall not be liable for indirect, incidental, consequential, punitive, special, exemplary, emotional distress, mental anguish, loss of enjoyment of vacation, inconvenience, or reputational damages.

18. Evidence and Documentation

The Company may photograph or video record equipment condition before delivery and after retrieval. Such documentation may be used in billing disputes, arbitration, insurance matters, or litigation.

19. Pre-Dispute Resolution and Chargebacks

Customer agrees to contact the Company in good faith prior to initiating a chargeback. Initiating a chargeback without prior notice may constitute a material breach. The Company may pursue recovery including attorney’s fees where permitted by law.

20. MANDATORY BINDING ARBITRATION – WAIVER OF JURY TRIAL – CLASS ACTION WAIVER

ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION CONDUCTED IN CARTERET COUNTY, NORTH CAROLINA.

BY AGREEING TO THESE TERMS, CUSTOMER AND COMPANY WAIVE THE RIGHT TO FILE A LAWSUIT IN COURT (EXCEPT SMALL CLAIMS MATTERS) AND WAIVE THE RIGHT TO A TRIAL BY JURY.

ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

21. Attorney’s Fees

The prevailing party in any arbitration or permitted court proceeding shall be entitled to recover reasonable attorney’s fees and costs.

22. Governing Law and Venue

This Agreement shall be governed by the laws of the State of North Carolina. Any court action permitted under this Agreement shall be brought exclusively in Carteret County, North Carolina.

23. Independent Contractor Status

Nothing herein creates a partnership, agency, or joint venture.

24. Waiver

Failure to enforce any provision shall not constitute a waiver of future enforcement.

25. Severability

If any provision is deemed unenforceable, it shall be modified to the minimum extent necessary, and the remainder shall remain enforceable.

26. Survival

All provisions relating to payment obligations, deposits, indemnification, limitation of liability, arbitration, attorney’s fees, and right of entry shall survive termination.