Welcome to Daily Adventure Box, Inc. (“DAB,” “our,” “us,” or “we”). DAB owns and operates the website located at www.dailyadventurebox.com and the related mobile application (collectively, the “App”). We offer inflatable kayaks, inflatable paddle boards, surf boards, body boards, skim boards, tents, beach shades, BOTE floats, BOTE games, Bluetooth speakers, spike ball, basketballs, soccer balls, footballs, frisbees, snorkels, fins, SharkBanz bracelets, hammocks, and other outdoor leisure or camping Equipment (collectively, the “Equipment”) which may be rented via the App and picked up and returned at our self-service lockers (the “Lockers”).
These Terms and Conditions of Use and the Voluntary Waiver and Release of Liability below (collectively, these “Terms”) govern your access and use of the App, and rental and use of the Equipment (“you,” means you personally, and if applicable, any other person for whom you rent the Equipment, including any Additional User added at checkout (collectively, “you”)).
THESE TERMS INCLUDE IMPORTANT RULES, POLICIES, AND WAIVERS OF YOUR RIGHTS WITH REGARDS TO YOUR USE OF THE EQUIPMENT. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BETWEEN YOU AND DAB.
PLEASE READ THESE TERMS CAREFULLY.
BY ACCESSING AND/OR USING THE APP, AND/OR RENTING THE EQUIPMENT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE APP OR RENT THE EQUIPMENT.
1. Eligibility. To rent the Equipment, you represent that you and/or any other person for whom you are renting the Equipment are:
At least 18 years of age and able to form legally binding contracts.Mentally and physically capable of using the Equipment in a safe and appropriate manner. Not currently under the influence of any drugs and/or alcohol that may impair your ability to maintain your awareness of your situation, surroundings, or personal safety, or the safety of others. Not going to become under the influence of any drugs and/or alcohol that so impairs your abilities or puts others at risk.
An adult parent or legal guardian (“Guardian”) of persons under 18 years of age (“Minor(s)”) may rent Equipment on behalf of such Minor(s), provided, that, that the Guardian will be fully responsible, at all times, for full compliance with these Terms on behalf of the Guardian and the Minor(s).
2. Accounts. You must create an account through the App to rent the Equipment (and “Account”). In creating an Account, you must provide DAB with accurate and complete information. During your registration, you must select a password. You must keep your password confidential at all times. You will be solely responsible for all use of your Account, including, without limitation, any unauthorized use by third parties. DAB will never ask you for the password to your Account. Under no circumstances should you respond to a request for your password. You must notify DAB immediately if you have received any such request or believe there is or has been any unauthorized use of your account. The use of any false or fictitious identification to create an Account or otherwise to obtain the Equipment, the failure to return the Equipment or the failure to pay for any Equipment, is a crime and may result in criminal prosecution in addition to civil penalties.
3. Equipment Rental. Subject to your compliance with these Terms, you may rent Equipment at the hourly rates corresponding to the locker box size in which your Equipment is stored (the “Box‑Size‑Based Pricing”). Rates are automatically calculated in the App when you select an item. All rentals are billed hourly with no daily cap.
Box‑Size‑Based………………………………………………….Hourly-Pricing
🟩V2-Small-Box........................................................$5/hour
🟨V2-Medium-Box/V1-Bodyboard-Box....................$10/hour
🟧V2-Large-Box/V1-SUP/V1-Horizontal-Box............$15/hour
🟥V2-Extra‑Large-Box..............................................$20/hour
All rentals are billed hourly with no daily cap. Rates are automatically calculated in the App based on the locker box size selected.
4. Rental Fees. Taxes and fees are automatically calculated at checkout. All charges are based on the hourly box‑size rate and time of possession. Late, damaged, or lost Equipment will incur additional charges as described in Sections 10 and 11.
5. Additional Users. Any other person(s) who will use the Equipment during your Rental Period (whether or not such person is over 18 years of age) must be added as an “Additional User” at the bottom of this document. All Additional users who are over 18 years of age must also sign these Terms. The Guardian of any Minor who will use the Equipment must sign these Terms on behalf of such Minor.
Each Additional User of water-related equipment must confirm understanding of and compliance with all U.S. Coast Guard requirements for recreational watercraft, including the use of a properly fitted and U.S. Coast Guard–approved personal flotation device (PFD) at all times on or near the water. The primary renter accepts full responsibility for ensuring that all Additional Users meet these requirements.
6. Equipment Inspection. You agree that, immediately upon rental of the Equipment, you will inspect, examine and accept the Equipment in the condition when rented, and that, as delivered to you, the Equipment is safe and in good operating condition and repair and otherwise in all ways acceptable to you. If, following such inspection and examination, you do not accept the Equipment for use in the condition available, you will not use the Equipment, will immediately return the Equipment, and will immediately notify DAB through the App or email support as to the reason for non-acceptance. You will not be charged the Rental Fees or Sales Taxes if you do not accept the Equipment.
7. Equipment Use and Care. Only you and any Authorized Users added at checkout may use the Equipment, each of whom must be skilled, experienced, trained and authorized in use of the Equipment in its normal and intended use. You must protect the Equipment against misuse, exposure to adverse conditions and any other abuse or neglect, ensure that it remains in good operating condition and is returned to DAB at the end of your Rental Period in substantially the same condition in which you rented it (Ordinary Wear and Tear excepted). You agree to comply fully with all laws and regulations applicable to the access, storage, use, and.transportation.of.the.Equipment.
All renters operating or supervising the use of waterborne equipment—including inflatable kayaks, paddleboards, floats, and similar devices—must comply with all applicable U.S. Coast Guard, state, and local regulations. This includes carriage and use of PFDs, navigation lights when required, sound-producing devices, and observance of right-of-way rules. Failure to comply constitutes misuse and voids any waiver or indemnity protection otherwise extended.
8. Ordinary Wear and Tear. “Ordinary Wear and Tear” means normal deterioration resulting from the proper and intended use of the Equipment in accordance with these Terms, and will not be considered damage for which you will incur additional fees or charges. Damage which is not “Ordinary Wear and Tear” (and for which you will be solely responsible) includes without limitation, damage due to overloading or exceeding rated capacities, non-standard use, operation without proper supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents, intentional damage, and any other damage resulting from your negligence or willful misconduct.
9. Cancellations. You may cancel your rental 2 hours or more in advance of your Rental Period and no cancellation fee will apply. If you cancel less than 2 hours in advance of your Rental Period, you will be charged 100% of the applicable Rental Fee.
10. Late Rental Fees. If you fail to return the Equipment at the end of the applicable Rental Period, your payment method will be charged a late fee (“Late Rental Fee”) as follows:
Rentals are billed strictly on an hourly basis. If the Equipment is not returned by the scheduled end time, additional hourly charges will automatically accrue at the same rate corresponding to the rented box size until the item is properly returned. DAB reserves the right to charge additional administrative or recovery fees if the Equipment is not returned within 24 hours.
11. Damaged or Lost Equipment. If any Equipment is lost, stolen, or damaged beyond repair during your rental period, DAB will determine, in its sole discretion, the appropriate charge based on the box size rented. This charge will not exceed the applicable Maximum Charge Amount listed below. At the time of rental, DAB may place a temporary authorization hold on your payment method for the maximum amount associated with your selected box size. Determinations of fault and applicable charges will be made solely by DAB; no external app or developer.input.is.used.in.this.process.
Box‑Size‑Based………………………………………………….Maximum-Charge
🟩V2-Small-Box........................................................$250/hour
🟨V2-Medium-Box/V1-Bodyboard-Box....................$350/hour
🟧V2-Large-Box/V1-SUP/V1-Horizontal-Box............$750/hour
🟥V2-Extra‑Large-Box..............................................$1000/hour
DAB will provide customers with written notice and documentation of any damage determination before a final charge is processed.
12. Payment Authorization. Subject to any limitations under applicable law, you irrevocably and unconditionally authorize DAB to immediately charge the credit card or other payment method you have provided to DAB for the applicable Rental Fees and Sale Taxes due under these Terms, and, if applicable, any Late Rental Fee or Lost Equipment Fee due and payable under these Terms. You further agree to indemnify, defend and hold harmless DAB with respect to all such payments, processing fees, and related charges.
13. Possession/Title. DAB owns all right and title in and to the Equipment, and such title and ownership will remain with DAB at all times. Subject to your compliance with these Terms and payment of the Rental Fees and Sales Taxes, DAB grants to you a limited, irrevocable, non-transferrable, temporary license to use the Equipment for the purposes set forth in these Terms during the Rental Period.
14. Right to Refuse Rental. All Equipment rental reservations and transactions made through the App are subject to DAB’s acceptance, which is in our sole and absolute discretion. Without limitation, we reserve the right to refuse to accept or cancel any rental reservation or transaction, whether or not the rental reservation has been confirmed, for any reason or for no reason, in our sole and absolute discretion, and without any liability to you or any other third party.
15. Use of App and Locker. In your use of the App and the Locker, you may not: (a) disrupt or interfere with the security of the App or the Locker; (b) interfere with or damage the App or the Locker or the underlying software code, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electric mail address information, or similar methods or technologies; (c) attempt to obtain unauthorized access to the App, any other Account, or the Locker; (d) access the App or Locker in order to build a competitive product or service; (d) decompile, disassemble, or reverse engineer the App or Locker; or (e) harvest or collect information or data regarding other users of the App or the Locker.
16. Intellectual Property. DAB owns and retains all right, title, and interest in and to the App and the Locker, including, without limitation, all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the App and the Locker, and all of the trademarks, service marks, and logos, utility patents or design patents contained therein (“DAB Content”). No right to any DAB Content is granted to you or any rights therein by virtue of these Terms or your use of the App or the Locker or otherwise, except as expressly set forth in these Terms.
17. Warranty Waiver. All Equipment is provided “as-is” and “with all faults.” We make no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose), nor do we make any warranty against interference, infringement, that the Equipment is fit for your intended use, application or environment, or that it is free from defects (latent or patent). No warranties shall be deemed to exist with respect to the equipment. Your sole and exclusive remedy for any failure of or defect in or with respect to any of the Equipment is the return of the Rental Fees associated with the defective Equipment at the time of failure.
18. LIABILITY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) DAB WILL NOT BE LIABLE TO YOU, ANY ADDITIONAL USER, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THE APP OR EQUIPMENT, REGARDLESS OF THE CAUSE OF ACTION ON WHICH ANY SUCH CLAIM IS BASED, EVEN IF DAB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING; AND (B) IN NO EVENT SHALL DAB’S LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT THAT YOU ACTUALLY PAID TO DAB TO RENT THE EQUIPMENT, AND IF NO SUCH PAYMENT HAS BEEN MADE, THEN THE MAXIMUM AMOUNT SHALL BE $100.
19. Assumption of Risk. You acknowledge that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. You voluntarily assume and all such risks and forever release and discharge DAB from any and all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with your use of the Equipment, the Lockers, the App and any associated services (collectively, the “DAB Products”). Such release covers you, any Additional Users, and any unauthorized users who use the DAB Products through your Account, regardless of their age or relationship to you.
Customer acknowledges that compliance with U.S. Coast Guard and local boating safety laws is mandatory and assumes full responsibility for any failure to do so. Customer further acknowledges that DAB does not provide instruction, supervision, or rescue services and that all participation is at the renter’s sole risk.
20. Indemnification.
21. Governing Law and Venue.These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. All disputes arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Florida. Binding arbitration may be used at DAB’s discretion under the Federal Arbitration Act. This ensures consistent and predictable enforcement of these Terms nationwide.
22. Dispute Resolution.Any dispute, controversy, or claim arising out of or related to these Terms, the App, or Equipment shall, at DAB’s option, be resolved by binding arbitration conducted in accordance with the Federal Arbitration Act. Arbitration shall take place in Florida before a neutral arbitrator. Class actions and jury trials are waived to the fullest extent permitted by law.
23. RIGHT TO OPT-OUT OF ARBITRATION.
24. Waiver of Jury Trial. You hereby waive all rights to a jury trial of any claim or cause of action based on or arising out of these Terms or the subject matter hereof. This waiver pertains to all disputes that may be related to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. You understand and agree that this is a waiver of important legal rights and acknowledge and agree that You may discuss this waiver and its effects with legal counsel. Accordingly, You knowingly, voluntarily, irrevocably and unconditionally waive any jury trial rights.
26. Limitation of Actions. You acknowledge and agree that regarding of any statute or law to the contrary, any claim or cause of action you may have against DAB arising out of, relating to, or connected with these Terms, including your use of the App and Equipment, must be filed within 12 months from the date on which the event giving rise to such claim or cause occurred or be forever barred.
27. Entire Agreement. These Terms and Conditions of Use and the Voluntary Waiver and Release of Liability constitute the entire agreement between you and DAB with respect to the subject matter contained herein and therein and supersede all prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and DAB.
28. Severability; Waiver. If any provision of these Terms is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion of the provision shall be deemed severed from these Terms, and such such severance shall not affect the validity or enforceability of any other provision herein. DAB’s failure to exercise any right or provision of these Terms shall not be construed as a waiver of such right unless expressly agreed to by DAB in writing.
29. Integration. These Terms represent the complete and final agreement between you and DAB and cannot be modified through any other agreement or without the express written consent of DAB. There are no oral or other representations, warranties or agreements not included in these Terms or the App. You acknowledge that these Terms may be amended or updated from time to time by DAB.
31. Force Majeure.DAB shall not be liable for delays or failures to perform caused by weather conditions, natural disasters, power outages, wildfires, hurricanes, acts of God, government orders, pandemics, or other events beyond its reasonable control. DAB reserves the right to disable lockers or suspend rentals during hazardous marine or weather conditions or state emergencies.I understand and agree that I must comply with all local, state, and federal laws, regulations, and safety requirements while using any equipment provided by Daily Adventure Box Inc.By signing below or checking “I Agree” in the App, I acknowledge that I have read, understood, and agree to abide by all safety, environmental, and U.S. Coast Guard regulations applicable to my use of rented equipment. By signing below, you represent to DAB that:
You understand these Terms are legally binding upon you. You have fully read and understand these Terms. You are aware of your obligations under these Terms. You agree to comply with all of these Terms.
VOLUNTARY WAIVER AND RELEASE OF LIABILITY Please read this Voluntary Waiver and Release of Liability (this “Waiver”) carefully before signing.
WAIVER AND RELEASE OF LIABILITY.
This Waiver includes, without limitation, injuries or death which may occur as a result of: (a) your use, transportation, or storage of the Equipment; (b) any person or property with whom the Equipment comes into contact; (c) claims of negligence; (d) claims of intentional or wrongful conduct.
ASSUMPTION OF RISK. YOU UNDERSTAND THAT USING THE EQUIPMENT ENTAILS INHERENT RISKS OF PHYSICAL INJURY, INCLUDING, BUT NOT LIMITED TO DEATH AND YOU HEREBY VOLUNTARILY ELECT TO RENT AND USE THE EQUIPMENT.
IN CONSIDERATION OF YOUR RENTAL AND USE OF THE EQUIPMENT, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY INJURY, ACCIDENT, DEATH WHICH MAY OCCUR.
ADDITIONALLY, YOU AGREE NOT TO USE THE EQUIPMENT IN THE OCEAN DURING ANY TIMES IN WHICH THE APPLICABLE STATE/LOCAL AUTHORITIES, ON DUTY LIFEGUARDS, OR APPLICABLE AUTHORITY HAS ADVISED AGAINST SWIMMING IN THE AREA OR ISSUED A ‘NO SWIM’ OR SIMILAR WARNING DUE TO A HIGH-TIDE, RED TIDE, OR ANY OTHER DANGEROUS OR HAZARDOUS CONDITION.
ACKNOWLEDGEMENT OF UNDERSTANDING. You, as the renter, or as the Guardian of a Minor, acknowledge and represent that you have read this Waiver, fully understand the terms herein, and sign it voluntarily as your own free act and deed; that no oral representation, statements or inducements, apart from the foregoing written agreement, have been made; that you are at least 18 years of age and fully competent; and that you execute this Waiver for full, adequate and complete consideration fully intending to be bound by the same.
Wash Full Face Snorkel Before and After Every Use!Located On Snorkel Locker! Product Overview: Branch Basic Plant and Mineral Base Multi-Purpose CleanerAca. The product we use is non-toxic Concentrate is human-safe, effective and sustainable. Our plant and mineral-based formula, created with the most sensitivity in mind, is gentle enough to use on skin yet cuts grease and grime. We dilute this cleaning solution with water to the appropriate amount. NO NUTS OR TREE NUTS, HYPOALLERGENIC NON_TOXIC, NO SYNTHETIC PRESERVATIVES, SYNTHETIC FRAGRANCES, ALCOHOL AND ETHOXLATES FREE Active Ingredients: Purified Water, Decyl Glucoside, Organic Chamomile Flower Extract, Coco-Glucoside, Sodium Citrate, Sodium Bicarbonate, Sodium Phytate.DO NOT USE IF ALLERGIES PERTAIN TO THESE INGREDIENTS!!!! For updated information on this product, its ingredients, and any allergy or applicable health information, please refer to the manufacturer's website (The Concentrate: Non-Toxic Cleaning Concentrate | Branch Basics). Daily Adventure Box is not affiliated with and makes no representations on behalf of Branch Basics or any other supplier of cleaning solutions, and specifically disclaims any liability related to use of such products.
Primary User:
X: _________________________________________ Date:__________________
Additional Users:
Name and Signature of Additional Users:
Name:______________________________________
X: _________________________________________ Date:__________________
Name:______________________________________
X: _________________________________________ Date:__________________
Name:______________________________________
X: _________________________________________ Date:__________________
Name:______________________________________
X: _________________________________________ Date:__________________
Name:______________________________________
X: _________________________________________ Date:__________________
Additional Users of Under 18+
Name:_________________________________________ Date:__________________
Name:_________________________________________ Date:__________________
Name: _________________________________________ Date:__________________
Name:_________________________________________ Date:__________________
Name:_________________________________________ Date:__________________
Parent/Guardian signature:
Name:______________________________________
X: _________________________________________ Date:__________________
32. Third-Party Property Disclaimer. When operating at hotels, resorts, beaches, or third-party properties, Customer acknowledges that Daily Adventure Box Inc. operates independently of the property owner. DAB is not responsible for any injury, loss, or damage occurring on or around such properties outside of the Equipment itself.33. Compliance with Local Laws. Renters must comply with all local, state, and federal regulations governing recreation, beach use, boating, and environmental protection. Failure to comply voids any waiver or indemnity protection otherwise extended by DAB.