1. Beach Day Setup provides a beach service including beach games & activities, all which are performed at your own risk.
2. Bookings made through Beach Day Setup. are non-refundable in whole or in part. However, they are fully flexible and may in most cases be exchanged to be used towards another date available.
3. A non-refundable service fee of $4.50 will apply to each booking.
4. If you fail to show up at the booked time, or on the booked day, we cannot offer a refund or credit.
5. The Participant acknowledges and agrees that, upon booking with Beach Day Setup.; they shall Acknowledgement of Risk, wherein the Participant releases each Day Setup. from any liability with respect to any injuries, loss or damages which may be sustained by the Participant in the course of undertaking any activity, whether dangerous, hazardous or otherwise. If you are under the age of 18, it is required to have a parent or guardian t Acknowledge the Risk on your behalf.
6. The Participant unconditionally agrees to fully indemnify Beach Day Setup. and all of its servants, agents, clients, and employees against any injury, damage, or accident that may be sustained by the Participant, whilst participating in activities booked through Beach Day Setup. or the Entities and Groups who offer various services to Beach Day Setup. and also including adventures won as prizes.
7. The Participant warrants that he/she does not suffer from any Medical Condition and/or incapacity which may impair the Participants ability to participate in Beach Day Setup. adventures and further, that the Participant does not suffer from any Heart Condition, Epilepsy or other Medical Condition which may result in the Participant potentially placing himself/herself in a position of risk, by undertaking adventures booked through Beach Day Setup.
8. Beach Day Setup.  reserve the right to cancel a booking at any time in the event of adverse weather conditions, equipment failure or other reasonable and unforeseen circumstances. In such an event, an alternative date will be arranged with the Participant.
9. Beach Day Setup will not be responsible for any loss, injury or damage incurred or suffered by the participant during the service.
10. Beach Day Setup reserves the right to cancel at any time in the event of adverse weather conditions, equipment failure, minimum numbers for an event not being met or other reasonable and unforeseen circumstances. In such an event, an alternative date may be arranged with the Participant or the purchaser may convert the adventure to an Beach Day Setup Gift Certificate. Any additional costs including service fees or postage fees will not be refunded.
11. You should not assume that weather conditions will result in the cancellation of a booked service. If you fail to appear for a booked service that has not actually been canceled by you, (i) Beach Day Setup shall have no further obligation to you, (ii) you shall not be entitled to a refund or exchange, and (iii) your Service will be considered fully redeemed and booked.
12. Always contact the Beach Day Setup with any questions regarding weather conditions. All Services cancelled by the Provider due to weather conditions will be re-booked, subject to availability, without any further charge to you. Beach Day Setup shall not be responsible for any losses, damages, expenses, or liabilities you incur in connection with a canceled Experience. If you are not able to reschedule then Beach Day Setup, (i) will issue you a Gift Certificate that can be redeemed towards the same activity you booked originally, or you can choose from over 1,000 Experiences listed on www.sandiegochecklist.com, (ii) you can transfer the Gift Certificate to share the Experience in the future, (iii) you can be issued a refund on the Booked Experience excluding the service fee. If Beach Day Setup cancels an Experience due to adverse weather conditions they’ll
provide a written notification. Please forward that notification along with your Booking Reference Number at the time of your request to Beach Day Setup contact@beachdaysetup.com or simply reply to any email previously sent to you by Beach Day Setup T. Please allow up to 14 business days to be completed once submitted. 
13. The Participant pledges that no legal action will be initiated by it against Beach Day Setup,. its clients, its agents, employees, instructors, and/or personnel, due to any accident or injury sustained during the course of undertaking an activity booked through Beach Day Setup.
14. Limitations on Liability; Warranties

Limitations on Liability; Warranties

Beach Day Setup, ITS USE AND THE RESULTS OF SUCH USE IS PROVIDED ON AN “AS IS” BASIS. Beach Day Setup MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO OUR WEBSITE, OR ANY OFTHE PRODUCTS OR SERVICES SOLD THROUGH OUR WEBSITE, AND IN NO EVENT SHALL ADRENALINE INC ITS ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE, AFFILIATED COMPANIES PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR OFFERS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF
SDCHECKLIST OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR WEBSITE, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN”AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SDCHECKLIST AND/OR ADVERTISER
HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS OR SERVICES ANDWE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HERE IN ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND US. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, NETWORK, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ADRENALINE AND/OR AFFILIATES’ LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

Disputes
Choice of Law

This Agreement, and any breach arising from it, shall be deemed to have commenced in San Diego, California, USA. You agree that only the laws governing Agreements formed and breached in San Diego, California, USA, shall apply to this Agreement.

Statute of Limitations

Notwithstanding any other provisions at law, you agree that any cause of action arising from or related to this Agreement must be commenced within one year of the date that the cause of action occurs. You agree that any action not commenced within this time shall be permanently barred.
Arbitration

If a dispute with us arises from or relates to this Agreement or your use of our service, you agree that, unless otherwise not allowed by law, the dispute will be resolved according to an arbitrator in accordance with the rules of the American Arbitration Association.

In Cases Other than Arbitration

If a dispute cannot legally be resolved by arbitration, you agree to resolve the dispute in a court that is allowed to decide the case in San Diego, California, USA. If there is no court allowed to decide the case in California, then you (or we, as the case may be) can bring the case in the next closest court to California that has the authority to hear and decide the case.

Non-Compliance with These Provisions

If you bring a lawsuit that does not comply with the terms found in this “Disputes” section, you agree that we may inform you of your error, and, if you do not withdraw the lawsuit after we inform you that it breaches this Agreement, we can have the lawsuit dismissed from the court that you filed it in. If this occurs, you agree to pay for our reasonable attorneys’ fees incurred to obtain the dismissal, as well as up to $1000 for our court fees and disbursements.