Thanks for your interest in Outer Banks Cabana Co.! We ask that you take care of the cabana and accompanying equipment and supplies it as if it were your own. You are responsible for the items while they are in your care, during the agreed upon hours of your rental. Items are not allowed to be picked up and moved to a different location. Equipment that is stolen, lost, damaged, misplaced, etc., will be charged at the full replacement cost to your card on file. See “DAMAGES” section for detailed information regarding this policy. See “REPLACEMENT COSTS” section for an itemized list of costs for replacing missing or damaged equipment/supplies.
During the days leading up to your reservation, we will keep an eye on the weather and if extensive rain or wind is looking likely we can book another day within the week if availability allows or offer a credit to be used on your next trip to the Outer Banks. We reserve the right to collect rental equipment at any time should inclement weather threaten the safety of the lessees, employees and/or equipment. NO REFUNDS DUE TO WEATHER CONDITIONS - with the exception of a Mandatory Evacuation Order, in which case a store credit will be issued to you. Cancellations based on unfavorable weather conditions (namely significant winds, lightning and rain) will be made at the sole discretion of Outer Banks Cabana Co. and will result in the offer of a credit for future booking.
We accept credit card or debit card payment. We require payment in full, in advance, securely via our website: www.outerbanksabanaco.com. We reserve the right to charge the card on file if equipment is missing or is not in the same condition as it was when it was rented out. A full list of replacement prices is listed at the end of this agreement.
Cancellations must be made 14 days prior to arrival, to avoid the 25% cancellation fee.
Free delivery and pickup on all orders. A la carte chair, cooler and game rentals cannot be made without an existing cabana reservation for the same day.
Rentals will be dropped off by 9 a.m., and picked up in the evening by 5 p.m. If you are finished using your equipment for the day, prior to 5 p.m., please alert us via text or phone call, so that we may retrieve the equipment.
You agree to leave the cabana and accompanying equipment in clean, undamaged condition to avoid any additional charges for repair, maintenance or replacement. Customer accepts use of the equipment, AS IS, in good condition and accepts full responsibility for care of the equipment while under his/her possession. Damaged parts or components will be repaired/replaced at the discretion of the Outer Banks Cabana Co. team and customer agrees to pay retail prices for components replaced or repaired. Clean condition means normal wear and tear is accepted but does not include tears, stains, broken parts or damages to any parts caused by accidents.
You agree to provide Outer Banks Cabana Co., with credit card details, for damages:
By agreeing to these terms, I authorize Outer Banks Cabana Co. to charge the credit card provided for all eventual costs in case of damages to any gear during my rental period, comprehensive of labour, except in the case that I can demonstrate other’s faults with evidence and all necessary information for reimbursement. In case of theft, I will be responsible for reimbursing Outer Banks Cabana Co. for the retail price of the items stolen.
- ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
Outer Banks Cabana Co., LLC (“Company”) has developed a cabana rental package (“Product”).
I hereby acknowledge, and agree as follows:
Assumption of Risk: I am aware of and acknowledge that there are risks of injury, illness, death and property damage inherent to participating, to traveling, and specifically to the Product. I am also aware that all such risks may result from, among other causes, the active or passive negligence of Company and its employees, owners, operators, officers, independent contractors, representatives, agents and successors and Licensor and its employees (hereinafter collectively referred to as the “Releasees”). I am voluntary allowing myself to use the Product with knowledge that the risk of injury, illness, death or property damage, and other associated risks, and assume any and all known and unknown risks of injury, illness, communicable illness, death, and property damage that may result from my using the Product. I further assume all risks associated with my participation in using the Product including, without limitation, the risks of negligence or recklessness or failure to act, by me or by other participants or other individuals or parties, the risks associated with gathering as it relates to illness, communicable illness, and the risk of injury caused by the condition of any property, facility or transportation used during use of the Product.
I understand and acknowledge that the above list is not complete or exhaustive and that other risks, known or unknown, anticipated or unanticipated may also exist and result in injury, illness, disease, death or damage. I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law.
Release of Liability: To the fullest extent permitted by law, I, voluntarily and without reservation, and realizing the full legal significance of my action, hereby EXPRESSLY WAIVE, RENOUNCE, AND RELEASE, on behalf of myself, my spouse or domestic partner whichever the case may be, me heirs, my representative, my successors and assigns, and my estate, all claims, demands, rights, or causes of action of whatever or whatever nature against the Releasees, including by not limited to claims of any injury, illness, loss, damage, accident, delay, irregularity or expense caused by strikes, war or acts of terrorism, weather, sickness, quarantine, government restrictions, or arising from any act or omission of an airline, bus company, hotel, tour operator or supplier of travel services in connection with the above-referenced Product. Further, I accept personal responsibility for any injury (including personal injury, disability, death), illness, damage, loss, claim, liability or expense, of any kind or nature that I or my property may suffer and I agree to release the Releasees from any and all liability arising from such risks.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family, my heirs, as well as my next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume risk associated with the Product and Program to release the Releasors from any and all liability to the maximum extent permitted by law.
Indemnification and Hold Harmless: I expressly understand that Releasees are providing no, or only limited, chaperones or supervision with respect to this the Product and that I am responsible for my individual conduct, health and safety at all times. I agree to defend, indemnify and hold harmless the Releasees for all demands, costs, losses, expenses, claims, recoveries, judgements and liabilities (including attorneys’ fees) of any nature arising out of, or in consequence of, my acts, words, conduct, etc. in any way connected with my participation on the Product including, but not limited to, damage to property, ant injuries or death sustained by any person(s), including myself.
Choice of Law, Binding Agreement, Enforceability: I agree that this agreement shall be governed by the laws of the State of North Carolina, that any lawsuit related to the terms of this agreement must be filed in North Carolina, and that I shall submit to said jurisdiction and waive any objection to venue. I agree that this agreement is a legally binding agreement and it is my intent that it be constructed broadly to provide a release and waiver to the maximum extent permissible under the agreement shall remain in full force and effect and in no way be impaired.
Knowing and Voluntary Execution: I acknowledge that I have read this agreement, I understand that this agreement includes an assumption of risk of the Releasees’ negligence and ability. I acknowledge that the Releasees are materially relying on this waiver and is allowing my use of the Product due to its existence.
The below replacement costs include the restocking and shipping fees for all items should they be missing or damaged.
Beach Chair: $400
Cabana Tent: $530
Beach Table: $300
Beach Towel: $130
Beach Towel Basket: $60
Beach Blanket: $200
Trash Bin: $40
Bocce Ball Set: $160
Croquet Set: $150
I have read and understand all of the above conditions and, by completing my reservation, I agree to be bound by them.