TERMS AND CONDITIONS; RENTAL AGREEMENT; LIABILITY WAIVER; ASSUMPTION OF RISK; RELEASE; HOLD HARMLESS; AND INDEMNIFICATION AGREEMENT

Effective Date: July 26, 2026

READ THESE TERMS CAREFULLY BEFORE BOOKING, PAYING FOR, ACCEPTING, ACCESSING, POSSESSING, TRANSPORTING, OR USING ANY EQUIPMENT. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE AN ASSUMPTION OF RISK, RELEASE OF LIABILITY FOR ORDINARY NEGLIGENCE, INDEMNIFICATION OBLIGATIONS, PAYMENT AUTHORIZATION, AND DISPUTE-RESOLUTION TERMS.

These Terms and Conditions (collectively, the “Terms”) constitute a legally binding agreement between the person making a reservation, paying for a reservation, accepting delivery or possession of Equipment, accessing a pickup or storage area, or using any Equipment (“Renter,” “Customer,” “you,” or “your”) and Robby Thurston, individually and doing business as Jack’s Shack Paddle Board Rentals, together with any business, trade name, successor, assignee, or entity under which the rental activity is conducted (“Jack’s Shack,” “Company,” “Lessor,” “we,” “us,” or “our”). Jack’s Shack operates from 2400 18th Ave N, St. Petersburg, Florida 33713 under FWC Livery Operator Permit No. 2026D07-0000001658, currently stated to be valid through December 30, 2026.

These Terms govern your use of our website, reservation system, communications, pickup or delivery services, rental Equipment, premises access, and all related services. They are intended to supplement, and not replace, any separately presented Stand-Up Paddle Board Daily Rental Agreement, Liability Waiver, FWC pre-rental instruction checklist, equipment receipt checklist, or other acknowledgment.

1. Definitions

For purposes of these Terms:

“Activity” means stand-up paddle boarding, transporting, carrying, inflating, deflating, launching, boarding, using, handling, cleaning, returning, or otherwise interacting with the Equipment or visiting any pickup, storage, delivery, access, or recommended launch location.
“Equipment” means every item supplied, assigned, delivered, made accessible, or rented by Jack’s Shack, including the equipment bag, inflatable stand-up paddle board, manual or electric pump, paddle, fin set, leash, PFD, whistle, waterproof phone protector, Apple AirTag, accessories, keys, locks, QR labels, and any replacement or substitute item.
“Releasees” means Robby Thurston, individually and doing business as Jack’s Shack Paddle Board Rentals, Jack’s Shack, its present and future owners, officers, members, managers, employees, contractors, agents, representatives, family members, insurers, successors, heirs, affiliates, and assigns, together with Donna Thurston and Paul Thurston, individually and jointly, as owners of the property used in connection with pickup, storage, and access.
“Rental Documents” means these Terms and every separate rental agreement, liability waiver, release, safety checklist, equipment checklist, reservation form, electronic acknowledgment, instruction form, and policy presented in connection with the reservation or rental.
“Rental Period” means the period beginning when Equipment, an access credential, a board assignment, or possession is made available to you and ending only when all Equipment has been returned to the place and in the manner designated by Jack’s Shack and the return has been accepted or documented.

2. Acceptance; Binding Effect; Plan-B Agreement if Separate Documents Are Not Signed

By accessing or using the website, submitting a reservation, clicking an acceptance checkbox, paying any amount, receiving a confirmation, receiving or using a board number, QR code, door code, link, key, access credential, pickup instruction, or delivery, entering a pickup or storage area, taking possession of Equipment, transporting Equipment, or participating in the Activity, you knowingly and voluntarily accept and agree to be legally bound by these Terms.

Your acceptance is effective even if you fail, forget, decline, or are not separately asked to sign a paper or electronic Rental Agreement, Liability Waiver, equipment checklist, or other Rental Document.

You agree that these Terms independently contain the essential rental obligations, assumption of risk, release of liability, hold-harmless, indemnification, payment authorization, safety requirements, and dispute terms applicable to the transaction. Failure to obtain a separate signature does not cancel, rescind, waive, or limit your obligations under these Terms. If you sign additional Rental Documents, those documents supplement these Terms. To the maximum extent permitted by law, the documents shall be interpreted together to provide the broadest lawful protection to the Releasees and the fullest lawful enforcement of your obligations.

If any conflict exists between these Terms and another Rental Document, the provision that is more specific to the issue shall govern; provided, however, that no conflict shall be interpreted to reduce a release, assumption of risk, indemnification duty, payment obligation, or protection of a Releasee unless the later document expressly identifies the provision being replaced and states that it is being replaced.

3. Electronic Transactions, Signatures, Records, and Evidence of Acceptance

You consent to transact electronically and agree that electronic checkboxes, typed names, digital signatures, reservation submissions, payment records, timestamps, IP addresses, device identifiers, email or SMS confirmations, QR scans, access logs, photographs, video, and business records may be used as evidence of your identity, assent, receipt, possession, condition of Equipment, and performance.

You are responsible for reviewing these Terms before completing a reservation. A link to these Terms, a checkbox referring to them, or reasonable notice that the reservation is subject to them is sufficient notice. You may retain a copy by printing or saving the page. You agree that an electronic record satisfies any requirement that an agreement be in writing, to the extent permitted by applicable law.

4. Eligibility; Adults Only; No Minors

Rental services are strictly limited to adults who are at least eighteen (18) years old. You represent and warrant that you are at least eighteen years old, possess valid government-issued photographic identification, have legal capacity to enter a contract, and are renting solely for lawful use.

No minor under eighteen may rent, operate, ride upon, accompany a Renter on the Equipment, or participate in the Activity in any manner. You may not obtain Equipment for a minor, permit a minor to use it, or misrepresent the identity or age of any participant. Any violation is a material breach permitting immediate termination without refund and may result in denial of future service.

5. Required Renter and Emergency-Contact Information

You must provide complete and accurate information requested by Jack’s Shack or required by applicable law, including full legal name, date of birth, residential address, telephone number, email address, driver’s license or state identification number and state of issue, and an emergency contact’s name, relationship, telephone number, and address.

A driver’s license or state ID number is not the same as a vehicle license plate number. You are responsible for ensuring these entries are not transposed. You authorize Jack’s Shack to verify identification and to deny release of Equipment if information is incomplete, inaccurate, unverifiable, or inconsistent.

6. Reservation Requirements; Confirmation; Completion Steps

Reservations must be completed online before arrival unless Jack’s Shack expressly approves another method. A submitted request is not guaranteed until Jack’s Shack confirms it. You must timely complete every required step, including payment, identity verification, safety instruction, video review, forms, acknowledgments, board assignment, and any signature requested.

Jack’s Shack may establish a deadline for incomplete reservations. If required steps are not completed by that deadline, the reservation may expire or be canceled, Equipment may be released to another customer, and amounts paid will be handled under the cancellation and rain-check provisions below.

Jack’s Shack may refuse, suspend, or cancel a reservation for safety concerns, suspected fraud, inaccurate information, intoxication, abusive conduct, policy violations, inability to verify identity, equipment unavailability, governmental restrictions, or other legitimate business or safety reasons.

7. Equipment Included; Substitutions; One Person Per Board

Unless a specific listing states otherwise, each standard paddle-board rental includes: (1) equipment bag; (1) inflatable stand-up paddle board; (1) manual pump, except that an electric pump may be issued at Jack’s Shack’s discretion or upon request; (1) paddle; (1) fin set consisting of one large center fin and two small side fins when applicable to the issued board; (1) safety leash; (1) U.S. Coast Guard-approved personal flotation device; (1) safety whistle; and (1) waterproof phone protector. An Apple AirTag or similar recovery device may be attached to or included with Equipment.

The number of riders may not exceed the number of boards rented. Unless Jack’s Shack expressly authorizes otherwise in writing, the maximum is one person per board. Equipment models, colors, accessories, and pumps may be substituted with reasonably comparable items.

8. Equipment Receipt, Inspection, and Acceptance “As Is”

Before leaving the pickup area, accepting delivery, launching, or using the Equipment, you must inspect every item and immediately report damage, missing parts, air leaks, defects, or an incorrect board assignment. By departing with, accepting delivery of, or using the Equipment without reporting a condition, you acknowledge receipt of all assigned items, confirm that they appear complete and in good condition, and accept them “AS IS” and suitable for your intended lawful use.

You must pick up and use only the board and Equipment assigned to you. You may not exchange, substitute, lend, transfer, or take another customer’s Equipment without prior written approval. Failure to perform the required inspection may make you responsible for damage or missing items discovered upon return, subject to applicable law and available evidence.

9. Rental Term; Daily Rental; Daylight-Only Rule; Return Deadline

Each rental is a daily rental, not a twenty-four-hour rental, unless a written multi-day confirmation expressly states otherwise. Pickup and return are available only during the hours communicated by Jack’s Shack, generally 8:00 AM through 8:00 PM.

You must be completely off the water at or before dusk or sunset and must return all Equipment no later than 8:00 PM on the rental date, or earlier when necessary to comply with the daylight-only requirement. Darkness, traffic, travel distance, weather, launch location, personal plans, or failure to monitor time do not extend the deadline.

The Rental Period continues, and you remain responsible for Equipment, until every item is returned to the designated location in accordance with the stated return procedure. Leaving Equipment at an unauthorized place, with another person, outside the designated container, or without required confirmation does not constitute a completed return.

10. Multi-Day Rentals and Early Pickup

A multi-day rental is not created merely because Equipment is kept overnight. You must first complete the online reservation and obtain written confirmation from Jack’s Shack approving the additional dates and total charge. All daily safety, care, storage, tracking, and geographic restrictions continue throughout the extended Rental Period.

Jack’s Shack does not ordinarily permit pickup the night before a rental. A request for access before normal hours may be denied or may require a separately disclosed rush or early-access fee. No early pickup is valid unless confirmed in writing.

11. Geographic Restrictions, Transportation, and Launch Locations

Equipment may be used only within Pinellas County, Florida, unless Jack’s Shack gives prior written permission. You are solely responsible for lawful and secure transportation, including proper loading, securing, protection from heat and sharp objects, and compliance with vehicle and traffic laws.

Jack’s Shack may suggest launch locations as a courtesy. A suggestion is not a representation, warranty, inspection, or guarantee that a location is open, legal, accessible, suitable, staffed, or safe at any particular time. Conditions may change due to weather, tides, currents, boat traffic, water depth, marine life, construction, closures, restricted areas, submerged hazards, or other factors. You must independently determine legality and safety before launching and throughout the Activity.

The residential property at 2400 18th Ave N is used in connection with business storage, pickup, and access. It is not represented as a public recreation facility or guaranteed launch site. You must follow all posted and communicated access rules and must not enter private or restricted areas.

12. Safety Rules and Renter Responsibilities

You agree to operate and use the Equipment carefully, lawfully, and only for its intended purpose. Without limiting that duty, you shall:

Wear the provided U.S. Coast Guard-approved PFD at all times while on the water and carry or wear the provided whistle as required.
Use the safety leash when appropriate and consistent with the waterway, conditions, and instruction provided.
Maintain a proper lookout, operate defensively, keep a safe speed and distance, and yield as required by navigation rules.
Avoid channels, restricted areas, emergency and construction vessels, private property, hazardous waterways, dangerous boat traffic, and any area beyond your ability.
Monitor weather, wind, lightning, tides, currents, visibility, water depth, and changing conditions continuously.
Return to shore immediately when conditions become unsafe, visibility deteriorates, thunder or lightning is present, strong wind develops, Equipment malfunctions, or dusk approaches.
Not use the Equipment while impaired by alcohol, cannabis, controlled substances, illegal drugs, or medication that affects judgment, balance, coordination, alertness, or physical ability.
Not tow, race, surf vessel wakes, jump, overload, modify, puncture, intentionally submerge, misuse, or use the Equipment for commercial activity without written permission.
Protect wildlife, manatees, ecosystems, shorelines, and other users; obey divers-down warnings, environmental rules, and no-wake or restricted-zone requirements.
Remain at the scene of any accident when legally required, render reasonable assistance, contact emergency authorities when appropriate, and report the incident to Jack’s Shack immediately.

13. Required Safety Instruction and FWC Compliance

You must complete all pre-rental and pre-ride instruction required by Jack’s Shack, the Florida Fish and Wildlife Conservation Commission, or applicable law. Instruction may include operator responsibility; effects of alcohol, substances, fatigue, and stressors; navigation rules; proper lookout; safe speed and distance; right-of-way and give-way duties; aids to navigation; emergency and construction-vessel restrictions; weather and water changes; steering, stopping, propulsion, boarding, falling, capsizing, reboarding, taking on water, visibility, warning labels, safety equipment, accident duties, divers-down devices, manatee and ecosystem awareness, paddlecraft operation in marked Intracoastal Waterway channels, local hazards, water depths, transportation, maintenance, and float plans.

You must truthfully complete any FWC checklist, attestation, safety video, or other required form before Equipment is released. Failure to complete a required compliance step may result in denial of the rental without refund when the failure is attributable to you.

14. Medical Fitness, Swimming Ability, and Personal Judgment

You affirm that you are physically and mentally fit, are a competent swimmer, and have no medical condition, disability, injury, illness, or impairment that would make participation unsafe. You agree to disclose any relevant limitation before the rental begins and to refrain from participating when you cannot do so safely.

Jack’s Shack does not provide medical advice and does not determine whether you are medically fit. You remain solely responsible for deciding whether to participate, whether to launch, where to paddle, and when to stop.

15. Weather Acknowledgment; No Weather Refunds; Rain Checks

You acknowledge that Florida weather can change rapidly and unpredictably, including sudden thunderstorms, lightning, high winds, heavy rain, waterspouts, heat, rough water, and rapid changes from apparently favorable conditions. You must personally check current and forecast conditions, including wind, waves, storms, lightning, tides, heat, and local advisories, before launch and throughout the Rental Period.

Jack’s Shack does not guarantee weather or water conditions and does not issue cash refunds for weather-related interruptions. A rain check or rescheduled rental may be offered only under the posted policy and only when requested on the same calendar day as the original rental. Unless a specific confirmation states otherwise, a rain check is valid for thirty (30) days, is limited to one per booking, is not transferable, has no cash value, and must be used by the original purchaser, subject to availability.

Receiving a rain check does not mean conditions were safe or unsafe, does not constitute an admission of fault, and does not limit your assumption of weather-related risk.

16. Cancellation, No-Shows, Changes, and Final-Sale Policy

Except where Jack’s Shack expressly agrees otherwise in writing or applicable law requires otherwise, all sales are final and rental payments are nonrefundable. Equipment reserved for you may be unavailable to others; therefore cancellations, no-shows, late arrival, incomplete required steps, personal changes of plan, travel delays, failure to bring identification, or inability to participate do not create a right to a cash refund.

Jack’s Shack may, in its discretion, provide a rain check, rescheduling credit, or other accommodation. Any accommodation is a one-time courtesy and does not waive these Terms or create an obligation to provide the same accommodation in another case.

17. Fees, Payment, Taxes, and Card Authorization

You agree to pay the displayed rental price, applicable taxes, optional service charges, delivery or pickup charges, rush fees, extension charges, cleaning charges, late fees, repair costs, replacement costs, lost-rental income, recovery expenses, collection costs, court costs, service-of-process fees, and attorney’s fees when recoverable under these Terms or applicable law.

By providing a payment method, you represent that you are authorized to use it and authorize Jack’s Shack and its payment processor to charge amounts due under the Rental Documents. This authorization includes charges determined after return for late return, missing Equipment, damage beyond ordinary wear, extraordinary cleaning, unauthorized retention, or other amounts supported by records and permitted by law. Jack’s Shack will not intentionally retain a card verification value and will handle payment information through its payment processor.

You must promptly dispute any billing error in good faith and provide supporting information. Initiating a chargeback does not cancel a valid debt or waive Jack’s Shack’s right to respond with reservation records, communications, acceptance logs, photographs, access records, signed documents, and other evidence.

18. Financial Responsibility for Loss, Theft, Damage, or Non-Return

You are responsible for Equipment from the beginning of the Rental Period until a completed return. If Equipment is lost, stolen, not returned, destroyed, or damaged beyond ordinary wear, you agree to pay the reasonable repair cost or the following agreed replacement values, as applicable:

Equipment Bag: $25
Inflatable Stand-Up Paddle Board: $1,000
Manual Pump: $50
Electric Pump, if issued: $75
Paddle: $150
Fin Set consisting of one large center fin and two small side fins: $30
Safety Leash: $25
U.S. Coast Guard-approved PFD: $50
Safety Whistle: $15
Waterproof Phone Protector: $30
Apple AirTag or similar recovery device: $35

You also agree to pay documented lost rental income at the applicable daily rental rate for each day the Equipment is unavailable because of your breach, together with reasonable recovery, transportation, repair, collection, filing, service, court, and attorney expenses to the extent permitted by law. Replacement values are not a license to keep Equipment. Title remains with Jack’s Shack unless Jack’s Shack expressly transfers ownership in writing.

Ordinary wear does not include punctures, cuts, seam damage, fin-box damage, broken paddles, missing accessories, heat or sun damage caused by improper storage, stains requiring extraordinary cleaning, damage caused by dragging, vehicle damage, unauthorized repairs, misuse, negligence, or failure to follow instructions.

19. Cleaning, Sand, Sunscreen, Care, and Return Condition

You must return Equipment in substantially the same condition received, ordinary wear excepted. Remove excessive sand, mud, debris, food, trash, and personal property. Do not use harsh chemicals, pressure-washing methods, abrasives, solvents, or unapproved repair materials.

White zinc or mineral sunscreen and other products may stain deck pads and Equipment. A reasonable cleaning fee, including the currently stated $10 cleaning fee when applicable, may be charged for avoidable staining, excessive sand, mud, debris, odor, contamination, or cleaning beyond ordinary turnaround service.

20. Late Return; Overdue Equipment; Law-Enforcement Notification

If Equipment is not returned by the required deadline, you agree to pay $35 for each day or partial day it remains overdue until it is returned and accepted or the full replacement value and other amounts due have been paid. This fee does not limit liability for lost rental income, recovery expense, damage, or replacement.

You acknowledge that applicable Florida law may require a livery to notify law enforcement when a vessel is unnecessarily overdue. The source Rental Agreement states that notification is required when Equipment is more than four hours overdue. Jack’s Shack may contact you, your emergency contact, law enforcement, recovery providers, or other appropriate persons to locate and recover overdue Equipment.

21. Equipment Tracking and Recovery

You consent to Equipment tracking through an Apple AirTag or similar device attached to or included with Equipment. Tracking is intended for loss prevention, theft deterrence, overdue-equipment recovery, inventory management, and protection of Jack’s Shack’s property. It is attached to Equipment, not to you, and is not intended for unrelated personal surveillance.

You shall not remove, disable, conceal, destroy, transfer, or interfere with a tracking device. If Equipment is overdue, missing, stolen, abandoned, or used outside authorized areas, Jack’s Shack may use available location information to recover it and may share relevant information with law enforcement, insurers, recovery personnel, or legal counsel.

22. Delivery, Setup, Pickup, and Access Services

When purchased and confirmed, Delivery and Setup Service includes delivery of the number of boards stated in the reservation to the approved beach, hotel, vacation rental, launch location, or other agreed place. Unless expressly stated otherwise, at least four hours’ advance notice is required. Jack’s Shack may decline a location because of access, parking, safety, legality, distance, weather, staffing, or timing.

At delivery, Equipment may be inflated, inspected, and prepared for launch. You must still personally inspect it and remain responsible for deciding whether conditions and the location are safe. At the end of the rental, you must either return Equipment to Jack’s Shack by the required deadline or purchase and receive written confirmation of an available pickup service. The currently stated optional pickup charge is $25 unless another price is shown at booking.

Access codes, QR codes, links, door credentials, lock combinations, and assigned-board information are confidential and may be used only by the authorized Renter during the authorized time. You may not share, copy, publish, retain, or use them to access unassigned property or areas. Access may be logged, limited, changed, or revoked.

23. Self-Service Pickup, QR Scanning, Photographs, and Return Documentation

When self-service procedures are used, you must follow every written, video, QR-based, SMS, email, and posted instruction. You must take only assigned Equipment, scan required codes, complete checkout and return steps, and submit requested photographs showing the bag tag, board, accessories, and condition.

Return photographs, scans, or messages assist with documentation but do not conclusively establish that all Equipment was returned undamaged. Jack’s Shack may inspect Equipment after return and may contact you concerning discrepancies. You authorize use of submitted images and access records for transaction administration, damage review, dispute resolution, safety, and legal compliance.

24. Assumption of Risk

You knowingly and voluntarily assume all risks of the Activity, whether known or unknown, foreseeable or unforeseeable, inherent or otherwise, including risks arising from the ordinary negligence of one or more Releasees, to the fullest extent permitted by Florida law.

Risks include, without limitation, drowning; near-drowning; capsizing; falling; slipping; collision with vessels, docks, rocks, people, structures, vehicles, or submerged objects; currents; waves; wakes; tides; wind; lightning; thunderstorms; rain; heat; sun exposure; dehydration; marine life; insects; cuts; strains; sprains; fractures; head injury; spinal injury; illness; fatigue; panic; impaired visibility; getting lost or stranded; equipment failure; inflation loss; fin, leash, pump, paddle, or valve failure; transportation and loading hazards; launch and shoreline hazards; criminal acts of third parties; delayed rescue; limited cellular coverage; and injury or property damage occurring on or near pickup, storage, access, delivery, or launch locations.

You understand that PFDs, whistles, instructions, recommendations, forecasts, tracking devices, and safety information reduce but do not eliminate risk. You accept full responsibility for your decisions, conduct, route, launch location, companions, possessions, and response to changing conditions.

25. Release and Waiver of Liability for Ordinary Negligence

In consideration of being permitted to reserve, access, possess, transport, or use Equipment or participate in the Activity, you, for yourself and for your heirs, estate, personal representatives, successors, and assigns, release, waive, discharge, and covenant not to sue the Releasees from and against all claims, demands, actions, causes of action, damages, losses, liabilities, costs, or expenses for bodily injury, death, illness, emotional distress, property damage, economic loss, or any other harm arising from or relating to the Activity, Equipment, services, premises, access, pickup, delivery, transportation, recommended locations, weather, or water conditions, including claims caused in whole or in part by the ordinary negligence of a Releasee, to the fullest extent permitted by Florida law.

This release is intended to be clear, unambiguous, and as broad as lawfully permitted. It includes claims concerning negligent inspection, maintenance, instruction, warning, recommendation, selection, setup, access control, supervision, rescue, or failure to protect against an inherent or reasonably foreseeable risk, but it does not release conduct that cannot lawfully be released, including gross negligence, willful or wanton misconduct, or intentional wrongdoing where Florida law prohibits such a release.

26. Hold Harmless and Indemnification

To the fullest extent permitted by Florida law, you agree to defend, indemnify, and hold harmless the Releasees from every third-party claim, lawsuit, demand, loss, lien, judgment, damage, penalty, fine, or expense, including reasonable attorney’s fees and costs, arising from or related to your reservation, breach, misrepresentation, possession or use of Equipment, conduct on any premises or waterway, violation of law, injury to another person, damage to another person’s property, unauthorized participant, or failure to follow instructions.

This duty does not require you to indemnify a Releasee for a claim finally determined to arise solely from that Releasee’s gross negligence or willful misconduct where indemnification is prohibited by law. Your indemnification obligations survive completion, cancellation, termination, and return of Equipment.

27. Property Owner Protection

Donna Thurston and Paul Thurston own the residential property located at 2400 18th Ave N, St. Petersburg, Florida 33713. They are not represented as operators of the rental business merely because they permit use of portions of the premises for storage, pickup, or access. You expressly agree that they are included individually and jointly within the definition of Releasees.

To the fullest extent permitted by Florida law, you release Donna Thurston and Paul Thurston from claims, including premises-liability claims, arising from the rental, Equipment, Activity, or your presence on or near the property, including claims based on ordinary negligence. You also agree to indemnify and hold them harmless on the same terms applicable to other Releasees. These protections apply whether or not they participate in business operations and survive termination of the Rental Period.

28. Personal Property, Phones, Vehicles, and Parking

You are solely responsible for your vehicle, keys, phone, wallet, identification, clothing, and all personal property. Waterproof phone protectors and storage areas are conveniences and are not guarantees against water intrusion, loss, theft, or damage. Releasees are not bailees and do not assume custody of personal property.

You must park lawfully, avoid blocking driveways or neighbors, follow access instructions, and provide accurate vehicle make, model, color, license plate number, and state when requested. You are responsible for towing, parking citations, vehicle damage, and property left behind.

29. Incidents, Accidents, Injuries, Damage, and Cooperation

You must immediately contact emergency services when circumstances require and must notify Jack’s Shack as soon as safely possible of any accident, injury, rescue, law-enforcement contact, property damage, collision, theft, missing person, Equipment malfunction, or environmental incident.

You must preserve evidence, identify witnesses, provide truthful information, submit requested photographs or reports, and reasonably cooperate with Jack’s Shack, FWC, law enforcement, insurers, and legal counsel. You shall not conceal an incident or make a knowingly false report. Jack’s Shack may be required by law to report certain accidents to the FWC Division of Law Enforcement.

30. Communications Consent: Email, Telephone, and SMS

By providing contact information and making a reservation, you consent to receive transactional communications concerning verification, incomplete steps, payment, safety, weather, board assignment, pickup, access, delivery, return, damage, overdue Equipment, rain checks, and customer service by email, telephone call, and SMS/text message.

Message and data rates may apply. Consent to transactional communications is part of administering the rental and is not conditioned on agreeing to unrelated marketing. Marketing communications, when sent, will be subject to applicable consent and opt-out requirements. You are responsible for providing accurate contact information and for checking messages.

31. Privacy, Records, and Required Disclosures

Jack’s Shack may collect and retain information reasonably necessary for reservations, payment, identity verification, emergency response, Equipment recovery, legal compliance, customer service, fraud prevention, and dispute resolution. Information may include identification details, emergency contacts, transaction records, communications, signatures, access logs, QR scans, location data associated with Equipment, and photographs.

Information may be disclosed to payment processors, booking and communications providers, contractors, insurers, legal counsel, recovery personnel, FWC, law enforcement, courts, or others when reasonably necessary or legally required. Jack’s Shack does not promise absolute security of electronic systems.

The Rental Agreement states that rental records will be retained for at least one year and made available to law enforcement upon lawful request as required by Florida law. Records may be retained longer when reasonably necessary for taxes, disputes, insurance, safety, collection, or legal compliance.

32. Website Use, Intellectual Property, and Prohibited Conduct

The website, branding, text, photographs, graphics, logos, videos, forms, and layout are owned by or licensed to Jack’s Shack and are protected by applicable intellectual-property laws. You may use the website only for personal, lawful reservation and informational purposes.

You may not copy, scrape, frame, reverse engineer, interfere with, introduce malicious code into, impersonate another person through, misuse payment systems on, or use the website to commit fraud, harass others, obtain unauthorized access, or violate law. Links to third-party weather, mapping, payment, booking, access-control, or other services are provided for convenience; Jack’s Shack does not control and is not responsible for their availability, accuracy, security, or separate terms.

33. Breach, Termination, Recovery, and Refusal of Service

Any violation of the Rental Documents, including late return, nonpayment, unauthorized county removal, unauthorized rider, minor participation, intoxication, false information, unsafe conduct, damage, theft, interference with tracking, access misuse, or refusal to follow safety instructions, is a material breach.

Upon breach, Jack’s Shack may terminate the rental, disable access, demand immediate return, retain nonrefundable amounts, recover Equipment, charge amounts due, refuse future service, notify law enforcement, pursue collection, and seek all remedies available at law or equity. Remedies are cumulative and failure to exercise one remedy is not a waiver.

34. Dispute Resolution, Mediation, Small Claims, Attorney’s Fees, and Venue

Before filing litigation, the parties shall make a good-faith effort to resolve the dispute informally. Except for emergency injunctive relief, recovery of Equipment, a law-enforcement report, a chargeback response, or a claim properly filed in small claims court, the parties agree to participate in mediation in Pinellas County, Florida, with a Florida Supreme Court-certified mediator before proceeding to trial.

Jack’s Shack may file an eligible claim in Pinellas County small claims court, including a claim within the court’s then-current jurisdictional limit. The uploaded Rental Agreement states an $8,000 threshold; because court jurisdiction can change, the applicable statutory or court-rule limit at the time of filing will control.

To the extent permitted by law, the prevailing party in an action arising from the Rental Documents is entitled to recover reasonable attorney’s fees, court costs, collection expenses, filing fees, and service-of-process expenses. These Terms are governed by Florida law, without regard to conflict-of-law principles. Exclusive venue shall lie in a court of competent jurisdiction in Pinellas County, Florida.

35. Disclaimer of Warranties and Limitation of Website Liability

The website, information, links, availability displays, recommendations, and Equipment are provided “AS IS” and “AS AVAILABLE,” subject to rights that cannot lawfully be disclaimed. Jack’s Shack disclaims implied warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free operation to the fullest extent permitted by law.

No website statement, forecast link, launch recommendation, staff comment, photograph, or marketing description guarantees safety, weather, water conditions, skill level, wildlife sightings, availability, or a particular experience.

36. Force Majeure and Events Beyond Control

Jack’s Shack is not responsible for delay, interruption, closure, or inability to perform caused by events beyond reasonable control, including severe weather, lightning, flood, hurricane, wildfire, public emergency, governmental order, road or park closure, utility or internet failure, vendor outage, equipment recall, labor disruption, civil disturbance, epidemic, or other force-majeure event. Jack’s Shack may cancel, reschedule, substitute Equipment, or issue a credit or rain check consistent with the posted policy.

37. Severability, Reformation, No Waiver, Assignment, and Survival

If any provision is held invalid or unenforceable, it shall be enforced to the maximum lawful extent and, where permitted, reformed to most closely reflect its lawful purpose. The remaining provisions remain in effect. A failure or delay in enforcement is not a waiver.

You may not assign or transfer a reservation or your rights or obligations without written approval. Jack’s Shack may assign its rights and obligations to a successor or affiliated business. Provisions concerning payment, damage, collection, tracking, records, assumption of risk, release, indemnification, property-owner protection, intellectual property, disputes, and any provision that by its nature should survive will survive expiration or termination.

38. Entire Agreement; Amendments; Current Version

The Rental Documents constitute the entire agreement concerning the reservation and Activity and supersede prior oral or written statements on the same subject, except that a specific written confirmation may modify dates, quantities, prices, or services. No oral promise changes the Rental Documents.

Jack’s Shack may update website Terms prospectively. The version presented or linked at the time of booking governs that transaction unless you later expressly accept an updated version. Material amendments to an existing confirmed rental require written or electronic agreement or must otherwise be permitted by law.

39. Customer Acknowledgment

By booking, paying, clicking acceptance, receiving access, taking possession, transporting, or using Equipment, you acknowledge that you have read and understood these Terms; had the opportunity to ask questions and consult an attorney; voluntarily accept all risks; agree to the release of claims based on ordinary negligence to the fullest extent permitted by Florida law; agree to indemnification and payment obligations; and understand that these Terms remain binding even if a separate Rental Agreement or Liability Waiver is not signed.

Recommended checkout acknowledgment:

I have read and agree to the Terms and Conditions, Rental Agreement, Liability Waiver, Assumption of Risk, Release, Hold Harmless, and Indemnification Agreement. I understand that my electronic acceptance, payment, possession, or use of Equipment creates a legally binding agreement even if I do not separately sign another form.

40. Contact Information

Jack’s Shack Paddle Board Rentals
2400 18th Ave N
St. Petersburg, Florida 33713
Call or text: 877-307-1140
Website: www.jacksshackstpete.com

Legal review notice: These Terms were compiled from the business’s existing Rental Agreement, Liability Waiver, FWC checklist, and website terms. They are not a substitute for advice from a Florida-licensed attorney. Exculpatory clauses and online assent procedures are closely scrutinized, so the final webpage, checkbox placement, recordkeeping process, and rental workflow should be reviewed by Florida counsel before publication or use.