Boho Beach Escape, LLC TERMS OF SERVICE Effective Date: January 1. 2025 Please carefully read these Boho Beach Escape, LLC (“BBE”) Terms of Service (or “Agreement”) and BBE’s Privacy Policy located at https://www.bohobeachescape.net/privacy-policy, which is incorporated into these Terms of Service by this reference. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE OR PURCHASE THE SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. Definitions “Boho Beach Escape” means BBE’s beach service, as more particularly described on our Website, without limitation, beach equipment rental services. “Content” means, collectively, all text, graphics, user interfaces, visual interfaces, photographs (other than those uploaded by Customer), trademarks, logos, sounds, artwork and computer code in the Services. “Customer” means the person or entity that enters into this Agreement and utilizes and/or purchases the Services. “Event” means any organized gathering, activity, or occurrence that is hosted, sponsored, or produced by BBE, whether in-person, virtual, or hybrid, with is open to attendees, participants, or guests. This includes, but is not limited to, workshops, classes, seminars, webinars, festivals, private events, etc. An Event may take place at a physical location, online, or in a combination of both, and may include any related components such as tickets, registration, content, and services provided to participants. “Linked Sites” means any links from the Services to other independent third-party websites. “Rental Period” means, with respect to Beach Equipment Rental Services, the period of an equipment rental beginning at the time the equipment is set up through the time such equipment is removed. “Service Date” means, in the context of Beach Equipment Services, the date when BBE is contracted to arrive and move your items. “Services” means collectively, the Beach Equipment Services and the Website. “Submission” means any submission, photographs uploaded or provided by Customer, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag). The term “you” means Website visitors, Customer, event participant, and the individual accepting these Terms of Service on behalf of any legal entity. “Website” means BBE’s website located at http://bohobeachescape.net 2. Proprietary Rights 2.1. Unless otherwise noted, the Services and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to BBE and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms of Service, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without BBE’s express prior written consent. 2.2. You acknowledge and agree that any Submission is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms (including social media) and is submitted by you in compliance with these Terms of Service. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of BBE and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and MBC shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant BBE an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Service. 2.3. Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by BBE and that the information is submitted to BBE in compliance with all applicable laws. 2.4. BBE reserves all rights, title, and interest in and to the Services, including all related intellectual property rights, subject to the limited rights expressly granted hereunder. 2. 3. Terms of Sale 3.1. All products and services offered by BBE are subject to availability, and we reserve the right to impose limits (including quantity limits) on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products and services are subject to change at any time, but changes will not affect any order for products and services you have already placed. 3.2. By purchasing BBE Services, you agree to pay the fees for the Concierge Services and any applicable taxes due with respect to your purchase of products or services through our Services. You will be presented with the use plan options and the amount of the associated fees prior to processing the transaction. You agree to pay any shipping, delivery and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping, delivery and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Notwithstanding the generality of the foregoing, BBE’s fees may be seasonal, meaning that there may be higher prices for peak season versus lower rates for off-season. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier. 3.3. If BBE purchases food and other items on your behalf, you agree to reimburse BBE for all such purchases and pay BBE the associated service fee. BBE will issue you an invoice coupled with the purchase receipt of the items, and you agree to pay all such invoiced amounts upon receipt in accordance with the payment instructions on the invoice. 3.4 Except as expressly set forth herein, all fees are non-cancelable and nonrefundable. 3.5. From time to time we may offer discount coupons, free trials to, or introductory pricing for, the Concierge Services. These offers may only be available to you only if you have not previously been a customer of BBE. If you respond to a free trial or introductory pricing offer but do not qualify, we reserve the right to reject your order. 3.6. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes, fees, delivery, shipping and handling charges). 3.7. We use third party payment processors to process all payments. BBE’s relationship with its payment processors is contractual in nature, as each payment processor is a third-party vendor to BBE and is in not subject to BBE’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like. 3.8. A non-refundable fee in the amount of the maximum permitted under applicable law, will be assessed for any returned or non-sufficient funds check including stop payments, regardless of the reason it was returned. 3.9. Beach Equipment Rental Services Terms. To the fullest extent permitted under applicable law: 3.9.1 Special Promotions – BBE may run special equipment rental promotions from time-to-time. These promotions may include a percentage off an entire equipment package(s) or on an individual item(s). If for any reason or not reason at all BBE must cancel a reservation day, a promotion that provides a free day would not be refunded as the cancelled day would be considered the free day. If a promotion has a percentage off for a day, only the amount collected would be subject to Cancellation section, Section 3.9.2. 3.9.2 Cancellation– rentals must be cancelled 30 days or more prior to the first day of Rental Period (i.e., the date when beach equipment is to be set-up). Any cancellation within 30 days may result in forfeiture of the full invoice amount. BBE reserves the right to cancel your reservation for a portion or all of your reservation at any time and for any reason. 3.9.3 Refund – a full refund minus a $25 service charge will be given for any rental cancelled 30 days or more prior to the first day of the Rental Period. A 50% refund will be given for rentals cancelled within 15-29 days of the first day of the Rental Period minus a $25 service charge. No refund will be provided when the rental is cancelled 14 days or closer to the first day of the Rental Period. BBE reserves the right to issue or not issue a refund for any reason including the defined periods above. 3.9.4 Weather – If BBE must cancel any day of your reservation due to weather or other unforeseeable circumstances, as defined by BBE, then you will be given the option to reschedule or receive a refund for the cancelled day per our Refund terms. Weather events typically include, but are not limited to, sustained winds of 25 mph or more, projected rain for more than 5 hours during the time when the equipment is typically set up, and/or severe weather events such as tornado, tropical storm, or hurricane watches or warnings. Should severe weather occur during your rental time, you agree to secure all BBE equipment and leave to take adequate shelter for your safety. No Refund will be provided if the equipment is able to be set up and the weather deteriorates afterward and/or has to be removed early due to weather. 3.9.5 Date change – changes in your Rental Period will be accepted if the changes are for a later date no more than 3 months after your initial Rental Period AND if BBE has equipment available for the requested period. You need to notify BBE as soon as you know you need a date change. Any cancellations will follow the above policy. BBE reserves the right to deny any date change for any reason. 3.9.6 Location change – you agree to provide at least a 12 hour notice should you need to change the location of your rental. The new location must be within BBE’s service area which includes all public beaches on Anna Maria Island. Any location outside of this area may either be denied or a relocation fee assessed. BBE will notify you of any possible relocation fee and you will have the option of accepting the fee or keeping your original location but in any case, you must notify BBE of which option (paying the fee or keeping original location) within the 12 hours to provide BBE time to make the appropriate location adjustment. BBE reserves the right to deny any location change regardless of the above. BBE reserves the right to set up at the original location should you not provide notice of a location change and/or provide your approval of a relocation fee within 12 hours of the reservation date. 3.9.7 Moving of equipment – you agree not to move, adjust the height, or make any other adjustments or modifications to the canopy tent or umbrella. You are allowed to adjust and/or move other equipment so long as it is not placed in the water or in an area where the water may come in contact with the equipment. Also, the equipment must stay within 25 feet (8 meters) of the tent or umbrella and as not to break, bend, twist, pull off, or cause any other damage to the equipment. See Sections 3.9.8 and 3.9.10. 3.9.8 Equipment placed near or in the water – you agree that no equipment will be placed near or in the water by you or anyone within your party. Furthermore, you agree BBE is authorized to charge your original method of payment for the full-retail cost of any equipment placed outside the tent or Umbrella area where it can, due to tidal changes, or does come in direct contact with the water. 3.9.9 Allowing others not in your party to utilize the rented equipment – you agree to not provide approval to, or perform any other act, verbal or non-verbal, as to give or suggest that a person or persons not in your party are allowed to use in any way the rented equipment while you are or are not present. You agree the rented equipment is to be solely used by you and/or your party. You agree you are the sole person responsible for the rented equipment once set up is complete and up until it is removed from the designated location. 3.9.10 Lost, stolen or damage/destruction of property – you agree to immediately notify BBE if any of the rented equipment is either not at the agreed location and/or damaged either when you arrive or damaged during the Rental Period. If any equipment is damaged during your Rental Period, you agree to immediately discontinue the use of such equipment. BBE’s resort-style beach chairs have a 280 lbs. (127 kg) weight limit. You agree that this weight limit shall not at any time be exceeded, either by a single individual or item or in combination with others and/or items adding weight to the chair. You agree that you are responsible for all BBE rental equipment at your location, during your Rental Period and agree to allow BBE to charge your original method of payment for any equipment lost, stolen, or damaged during your Rental Period for any reason. 3.9.11 Assumption of Risks – there are inherent risks associated with being on the beach due to but is not limited to the sun, wind, rain, hail, lightening, temperature, sand, ocean waves and currents. You and on behalf of other users of BBE’s services and equipment, your and their heirs, executors, administrators, and assignees, et al. (“Your Party”) acknowledge that you and Your Party are at the beach at your own free will and are using the rental equipment at your own risk. You accept full responsibility for yourself and all users of the rental equipment and no one will move or adjust any equipment from their initial position, remove any piece or accessory, or modify the equipment in way. You also agree that all users will be 18 years of age or older or will be directly supervised by someone 18 years of age or older. Furthermore, you agree and acknowledge that you are familiar with all equipment being rented and take full responsibility for all persons and equipment. You acknowledge that you are knowledgeable with all local, state, and federal laws, rules, regulations, codes, and ordinances that are in effect during your Rental Period and will ensure that you and anyone using the rental equipment will abide by them. You acknowledge that failure to abide by all equipment manufacture’s, local, state, and federal guidelines may result in injury, death, and/or loss of income. You also acknowledge that accidents do happen even when taking needed or required precautions. Questions and Contact Information Please contact us if you have any questions about our Terms of Service. You may contact us by sending correspondence to the address below or by emailing us at info@BOHOBEACHESCAPE.NET Boho Beach Escape, LLC PO Box 324 Anna Maria Fl 34216 Facebook Instagram Privacy Policy Terms of Service © 2024 Boho Beach Escape