Reserve Maui Sandcastle Kits: Delivery & Pickup Included

From towers to moats, our curated kit arrives ready to use—just dig in and sculpt away while we handle delivery and pickup

Renting a sandcastle set in Maui provides kids with everything they need for hours of creative fun without the hassle of buying or packing extra gear.

Sandcastle Play Kit for Kids and Toddlers

Build, Dig, Create: Sandcastle Fun Awaits!

Everything You Need for Sandcastle Fun

Our sandcastle rentals include everything needed for epic beach creations. The set comes with sturdy buckets, shovels, molds, and sculpting tools designed to make building easy and fun. These beach toys for kids are made from durable, high-quality materials, so they won’t crack or break after just a few scoops of sand.

A Beach Activity for the Whole Family

Sandcastle building isn’t just for kids—parents, grandparents, and siblings can join in to create something special together. From digging moats to designing intricate towers, it’s a beach activity that brings everyone together for laughter, teamwork, and unforgettable Maui vacation memories.

Convenient Delivery & Pickup

We keep it simple so you can focus on the fun. Choose your delivery location, and we’ll bring the sandcastle set right to one of our scheduled delivery beaches. When the day is done, just return it back to the delivery van you got it from. No packing, no extra luggage—just effortless beachside entertainment.

Terms of Service

Last updated: May 25 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following Definitions shall have the same meaning regardless of whether they appear in singular or in plural Definitions, for the purposes of these Terms and Conditions:

Member means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to the United States of America.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Beach 2U LLC, dba Beach Gear 2U, 781 Kolu St Ste E Wailuku, HI 96793.

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.

Goods refer to the items offered for rent or sale on the Service.

Order means a request by You to rent or purchase Goods from Us.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.

Website refers to Beach Gear 2U, accessible from https://www.beach2u.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to, and use of the Service, is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under the age of 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, the use and disclosure of Your personal information when You use the Application or the Website, tells You about Your privacy rights, and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Order for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of obtaining and refunding deposits, and facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Refund Policy.

Our Refund Policy forms a part of these Terms and Conditions. Please read our Refund Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the rented or purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information, and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods rented or purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

A refundable deposit is required prior to rental delivery, at which time your card may be authorized or charged the full deposit amount, and refunded upon complete return of all equipment received in similar condition at the time of delivery. Deposit refunds may take up to 10 business days to return, depending on your financial institution.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.

You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

User Reviews and Testimonials

We may send you an invitation to leave a review of your experience with us on our public platforms, such as our website, Google, social media, or other review sites. By submitting a review, testimonial, or any accompanying images, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, display, distribute, and publish the content, in whole or in part, for promotional, marketing, advertising, and other business purposes, including but not limited to use on our website, social media channels, email campaigns, and printed materials.

You acknowledge and agree that your first name, last initial, and any images you voluntarily upload may be used in connection with your review, unless you specifically request otherwise in writing.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right, and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance, on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service, or $100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE," and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Members and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, be error free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident in, enforceable in this Country.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You may contact us by email: aloha@beach2u.com, or
by phone number: 808-446-8222.

©Beach Gear 2U, 2025

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Hawaii, United States.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Beach 2U LLC, 781 Kolu St Ste E Wailuku, HI 96793.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data ,information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Beach 2U, accessible fromhttps://www.b2u.fun
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods availability
Errors in the description or prices for Goods
Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation RightsData

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product’s instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

You will not have any right to cancel an Order for the supply of any of the following Goods :

The supply of Goods made to Your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as ourPrivacy policy. If the rules for a Promotion conflict with these Terms, the Promotion ruleswill apply.

User Accounts

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users),features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive ,perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability,for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company andany of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100USD if You haven’t purchased anything through the Service.

Some states do not allow the exclusion of implied warranties or limitation of liability forincidental or consequential damages, which means that some of the above limitations maynot apply. In these states, each party’s liability will be limited to the greatest extentpermitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You “ASIS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set for thin this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Ifa revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: aloha@beach2u.com

By phone number: 808-446-8222

Liability Acknowledgment and Waiver of Claims

NOTICE, LIABILITY RELEASE, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT

Last updated: May 25 2025

The following is a legally binding agreement between me, and Beach 2U LLC dba Beach Gear 2U. By using any service, or purchasing any goods, from Beach Gear 2U, I acknowledge that I am entering into an agreement on behalf of myself and any participant in my party (collectively referred to herein as “I”), including minors that I hold permanent or temporary responsibility/custody/guardianship, that may use any or all elements of my Beach Gear 2U rental package, food, or retail products.

I hereby state that I have read, understood and agree to each of the following terms, conditions, notices and waivers:

I accept:

(a) for use “as is” any, snorkeling equipment, boogie boards, skimboards, sports equipment, beach toys and/or beach equipment, such as chairs, umbrellas, towels, and ice chests or coolers (collectively herein referred to as “Beach Gear”) rented or purchased from Beach Gear 2U, a Hawaii Limited Liability Company;

(b) full and sole responsibility for the care of the Beach Gear while in my possession; and

(c) full and sole responsibility for the replacement at full retail value of any Beach Gear not returned or that is damaged beyond ordinary wear and tear.

I understand, I am informed, and I am warned that

(a) participation in any activities and/or use of Beach Gear in or near the ocean, shores, bike paths or bike areas, paths, sidewalks, trails, public roads, beaches, bays, shorelines, roadways, and/ or the use of masks, snorkels, fins, bodyboards (a.k.a. boogie boards), skim boards, flotation devices, beach chairs, umbrellas and other Beach Gear pose inherent and other risks that could cause injury, paralysis, dismemberment, death, or property damage, including, but not limited to, death or injury from marine life, for example: sharks, jellyfish, monk seals, or other marine life and/or marine conditions, drowning, suffocation, or falling;

(b) dangerous conditions may exist or arise at any time without warning, including, but not limited to, loose, wet, uneven, and unsafe beach terrain, vehicular traffic and pedestrians, high surf, strong waves, large isolated or rogue waves, surging water, coral reef, shore break, waves breaking in shallow water, changing tides, strong currents and/or rip currents, undertows, rain, strong winds, and/or offshore winds and adverse weather conditions;

(c) I may suffer heatstroke and weather exposure, dehydration, extreme exertion, motion sickness, sunburn, loss of consciousness, heart attack, panic, hyperventilation, difficulty breathing, water inhalation, physical and psychological stress, migraines, seizures, pulmonary edema, eye, ear and sinus injury, head trauma, harmful or deadly contact with marine life, vehicular traffic, collisions with buoys, propellers, sharp rocks, debris, reefs, shores, boats, Beach Gear, other people or their beach gear, objects causing bruises, bites, cuts, contusions, burns, strains, sprains, fractures, permanent scars, disfigurement, concussions, paralysis, surfer’s myelopathy, staph infection, anaphylactic shock and/or death;

(d) if I am a person with a pre-existing medical condition, such as heart problems, obesity, diabetes, severe allergies, food allergies, ear problems, back/knee problems, recent surgery, pregnancy, or sinus issues, I take full responsibility to consult my physician before using any Beach Gear 2U Beach Gear, consume any food delivered by Beach Gear 2U, use any of the retail products, or participate in any Beach Gear 2U activities;

(e) the United States Food and Drug Administration (FDA) recommends that refrigerated foods be safely stored in temperatures below 40℉ (approx. 4℃), and if the internal temperature of the cold food exceeds 45℉ (approx. 7℃) it should be consumed as soon as possible, to reduce the risk of exposure to e. coli, botulism, or salmonella;

(f) Beach Gear 2U will deliver all food at safe storage temperatures, therefore, I will take responsibility to keep my provided freezable bag or tote closed as much as possible to maintain safe storage temperatures; and

(g) if my food reaches an unsafe temperature, or has the appearance/smell of any spoilage, I take responsibility to immediately discard the food in question;

(h) dangerous animals are located in Hawaiian waters and there have been turtle, monk seal, moray eel, shark, and other animal bites resulting in serious injury, dismemberment and death;

(i) being bitten by a dangerous animal is a risk of using this Beach Gear anywhere in or near the ocean;

(j) I will take responsibility to always swim or board accompanied by an individual or within proximity to an area overseen by a lifeguard;

(k) I take responsibility avoid swimming in murky, unclear water;

(l) I take responsibility to always swim or board close to shore;

(m) I take responsibility to never paddle out further than I am capable of swimming back to shore; and

(n) the above described risks are not exhaustive nor complete, and other risks or events that are inherent, known or unknown, anticipated or unanticipated, may result in injury, paralysis, dismemberment, death, or property damage.

I agree

(a) that the Beach Gear is solely for recreational use and is not intended or guaranteed to ensure my personal safety in or near the ocean or shore, on or near bike paths or bike areas, pathways, sidewalks, trails, public roads, beaches, bays, shorelines, and roadways, and is not a substitute for being a strong swimmer in good physical condition;

(b) that I understand the proper use and function of the Beach Gear;

(d) that I will personally examine the Beach Gear prior to each use;

(e) that if at any time I feel the Beach Gear is damaged or not functioning properly, I will stop using it immediately, notify Beach Gear 2U and return it to my delivery driver;

(f) that I will not turn my back on the ocean when I am near a shoreline;

(g) that offshore winds can blow me offshore while bodyboarding;

(h) that I will abide by all traffic laws when picking up and dropping of my rented Beach Gear;

(i) that I will be vigilant and use common sense and good judgment at all times; and

(j) that I am responsible for learning, researching and understanding the skills and conditions that are inherent in the environment in which I will be using the Beach Gear, including, but not limited to, the natural conditions of the ocean, shores, roads, off roads, paths, trails, hills or mountains.

I certify that

(a) my use of the Beach Gear and/or participation in any activities is purely voluntary;

(b) I am in relatively good physical health;

(d) I have experience using the Beach Gear or will be safely accompanied by someone who has;

(e) I have chosen to use the Beach Gear and/or participate in activities having full knowledge of the risks, dangers and hazards; and

(f) if I am picking up or dropping off Beach Gear on or near public roadways, I acknowledge the risks, dangers and hazards, and

(g) I take responsibility to obey all laws, including, but not limited to, pedestrian and traffic laws; and

(h) I voluntarily and expressly assume all risks of injury, paralysis, dismemberment, death, or property damage that may result from use of the Beach Gear or participation in any activities.

I hereby agree to

(a) HOLD HARMLESS, DEFEND, AND INDEMNIFY Beach Gear 2U, and their affiliates and subsidiaries, and each of their respective employees, officers, directors, owners, agents, contractors or assigns, and the Beach Gear manufacturers and distributors (collectively, the “Released Parties”), for any and all claims for injury, paralysis, dismemberment, death, or property damage related to use of the Beach Gear and/or participation in activities; and

(b) FULLY RELEASE AND DISCHARGE the Released Parties from any and all claims based on negligence, breach of warranty, failure to warn, gross negligence, contract or other legal theory, and for damages for injuries related in any way to the selection, maintenance, adjustment, or use of the Beach Gear and/or participation in any activities.
I agree that ONLY the person signing and/or any participant in my party, including minors that I hold permanent or temporary responsibility/custody/guardianship, will use the Beach Gear and/or participate in any activities. Should any other person with permission of any undersigned use the Beach Gear and/or participate in any activities, I agree to be personally liable and financially responsible for all loss or damage to persons or property related to the unauthorized use of the Beach Gear and/or participation in the activities, and I agree to hold harmless, defend and indemnify the Released Parties for any such loss or damage to persons or property related to the unauthorized use of the Beach Gear and/or participation in the activities.

If any provision of this agreement is subsequently determined to be illegal, invalid or unenforceable under the law, I understand and acknowledge that said provision(s) shall be severed from this agreement and the remaining portions hereof shall survive intact and remain in full force and effect.

I hereby agree that this agreement is governed by Hawaii law, without regard to conflict of laws, provisions, and venue of any dispute that relates to or arises out of this agreement or otherwise between the parties shall be the Second Circuit Court, State of Hawaii.

I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT ANY SUIT OR LEGAL PROCEEDING FOR PERSONAL INJURY, PARALYSIS, DISMEMBERMENT, DEATH, OR PROPERTY DAMAGE AGAINST THE RELEASED PARTIES SHALL BE COMMENCED WITHIN NO SOONER THAN ONE (1) YEAR FROM THE DAY ON WHICH THE INJURY, LOSS, OR DEATH OCCURRED.
I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE AND OF CLEAR MIND; THAT I HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE ABOVE TERMS, CONDITIONS AND NOTICES; THAT THIS IS A BINDING AGREEMENT, WHICH IS ENFORCEABLE UPON PURCHASE OF GOODS OR SERVICES FROM Beach Gear 2U, AGAINST ME AND ANY OTHER MEMBER OF MY PARTY, AND AGAINST MY AND THEIR FAMILY, CHILDREN, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, TRUSTEES, BENEFICIARIES, AND ESTATE; AND THAT I UNDERSTAND THE SIGNIFICANCE AND EFFECT OF THIS AGREEMENT AND EXECUTE IT BY MY OWN FREE ACT.

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