Term Of Use
By booking with Beach Day Setup, you agree to the following terms and conditions:
1. Services Provided
- Beach Day Setup offers beachside services including, but not limited to, setup and delivery of canopies, chairs, beach games, and other recreational activities. All services are used at your own risk.
2. Booking and Cancellation Policy
- Cancellations made 24+ hours before the reservation start time: Eligible for a full refund.
- Cancellations made within 24 hours of the reservation: Non-refundable.
- No-Shows: Failure to show up on the reserved date/time will not be eligible for a refund or credit.
3. Weather-Related Cancellations
- You must notify us at least 4 hours before your scheduled start time if you wish to cancel due to weather in order to receive a full refund.
- If you cancel due to weather less than 4 hours before your scheduled time: No refund will be provided. Your event may be rescheduled at no additional cost, subject to availability.
- If rescheduling is not possible, a Gift Certificate will be issued for the original service booked.
- In the event of adverse weather conditions, Beach Day Setup also reserves the right to cancel your booking for safety reasons.
4. Liability & Acknowledgment of Risk
By booking this service, the Participant acknowledges and accepts the risks associated with outdoor beach activities and agrees to release Beach Day Setup from any liability related to:
- Injuries
- Loss or theft of personal property
- Damages of any kind
- Participants under the age of 18 must have a parent or guardian acknowledge this risk on their behalf.
5. Indemnification
- The Participant agrees to unconditionally indemnify and hold harmless Beach Day Setup, including its employees, agents, contractors, and affiliates, from any claims, damages, injuries, or losses arising out of or in connection with participation in services or activities provided by Beach Day Setup.
6. Right to Cancel
- Beach Day Setup reserves the right to cancel any booking due to:
- Unsafe weather conditions
- Equipment failure
- Staffing issues
- Other unforeseen and reasonable circumstances
In such cases, a full refund or a rescheduled date will be offered at no additional charge.
7. Questions or Concerns
For questions about your booking, weather conditions, or cancellations, please contact Beach Day Setup directly.
Contact@beachdaysetup.com
(619) 257-2247
Limitations on Liability & Warranties
Beach Day Setup provides its services and website “as is” and “as available”, without warranties of any kind, express or implied. We make no guarantees regarding uninterrupted access, error-free performance, or specific outcomes.
To the fullest extent permitted by law, Beach Day Setup and its affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from:
- Your use of our website, services, or content
- Any technical issues, bugs, or errors
- Any third-party products or services displayed or promoted through our site
This includes damages even if we were advised of the possibility. Some jurisdictions may not allow certain exclusions, in which case our liability is limited to the minimum amount permitted by law.
No advice or information, whether written or verbal, shall create any warranty not expressly stated in this agreement.
Disputes
Governing Law
This agreement is governed by the laws of San Diego, California, USA. All claims must be resolved under these laws.
Statute of Limitations
Any claim or cause of action related to this agreement must be filed within one year from when it arises, or it will be permanently barred.
Arbitration
You agree to resolve disputes through binding arbitration under the rules of the American Arbitration Association, unless otherwise prohibited by law.
Court Proceedings
If arbitration is not legally allowed, disputes must be filed in a court located in or nearest to San Diego, California with proper jurisdiction.
Improper Legal Action
If you file a claim that violates this section and refuse to withdraw it after notice, we may seek dismissal and reimbursement of reasonable attorney fees and up to $1,000 in legal costs