Federal Terms and Conditions of Use
MCCS-Controlled Property · Marine Corps and Other Federal Installations
F-1.1 This Federal Terms and Conditions of Use ("Federal Terms") governs each rental transaction by a Patron on MCCS-controlled property, on any other federally-controlled premises where DAB operates, or where DAB equipment is used in connection with a federal recreation program.
F-1.2 The DAB General Terms and Conditions of Use, Version 3.0 (the "General Terms"), including but not limited to Sections 1–13 (rental mechanics), 14–18 (refusal, app/locker use, IP and photo/video release, warranty waiver, liability cap), 19–20 (assumption of risk and indemnification), 27–32 (entire agreement, severability, integration, notices, force majeure, third-party property), 34 (Inherent Risks of Beach and Water Recreation, including the no-rescue and rescue-cost-shifting provisions of Sections 34.6–34.7), 35 (per-rental affirmations and multi-user responsibility shift), 36 (Minors; COPPA; ADA, including the parental-claim allocation in Section 36.2), 38 (Equipment Swap and Locker Termination), 39 (NC Consumer Protection Reps), 40 (Gross Negligence Carve-Out and statutory anchor), and 41 (Electronic Signatures), are incorporated herein by reference as if fully set forth.
F-1.3 In the event of a direct conflict between the General Terms and these Federal Terms with respect to activity on federally-controlled property, these Federal Terms shall control to the maximum extent permitted by law and consistent with CLM25-K-0001.
F-1.4 Federal-Enclave Choice of Law. Pursuant to 16 U.S.C. § 457, the substantive tort law of the State of North Carolina applies to actions for personal injury or wrongful death occurring on federal enclaves within the borders of North Carolina, including MCB Camp Lejeune. The parties intend that the General Terms' Section 34 (Inherent Risks), Section 35 (per-rental affirmations), Section 36 (parental-claim allocation), and Section 40 (gross-negligence carve-out and statutory anchor) shall apply with full effect on the Premises, augmented by these Federal Terms.
Capitalized terms used but not defined herein have the meanings given in the General Terms. In addition: "Patron" means an MCCS-authorized user (active-duty servicemember, dependent, retiree, DoD civilian, or other authorized patron) eligible to use MCCS facilities; "Premises" means MCCS-controlled property at which a Locker is sited under CLM25-K-0001 or a base-specific amendment; "NAFI" means a non-appropriated fund instrumentality of the United States, including MCCS.
Rental pricing on MCCS-controlled property is governed by the rates set forth in CLM25-K-0001 Attachment 1 and any modification approved by MCCS pursuant to Section B.4.3 of the contract. Where Federal Terms pricing differs from the civilian Box-Size-Based Pricing in General Terms Section 3, the Federal Terms pricing controls for transactions on the Premises.
F-4.1 Pursuant to the DAB–MCCS concession agreement and Section B.3.4 thereof, each rental transaction by a Patron on the Premises requires the Patron's execution of a per-rental waiver acknowledging (a) the Inherent Risks of beach and water recreation as described in General Terms Section 34, (b) these Federal Terms and the General Terms, (c) assumption of risk, and (d) release of DAB, MCCS, and the United States to the maximum extent permitted by law. The electronic acceptance flow within the App satisfies this requirement pursuant to 15 U.S.C. § 7001 (E-SIGN Act) and NCGS § 66-311 et seq. (NC UETA).
F-4.2 The waiver executed at each rental is cumulative with, and does not supersede, this Agreement or the General Terms. In the event of conflict between the per-rental waiver and this Agreement, the provision more protective of DAB and MCCS shall control to the maximum extent permitted by law.
F-5.1 You acknowledge that Marine Corps Base Camp Lejeune and other MCCS-operated premises are federal enclaves or federally-controlled property. Claims arising from acts or omissions of the United States, its agencies, MCCS as a NAFI, or federal personnel are governed by the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., the Military Claims Act, 10 U.S.C. § 2733, or applicable MCCS/NAFI claims procedures, and shall not be asserted against DAB.
F-5.2 DAB is a private contractor and not an agency or instrumentality of the United States. No provision of these Terms obligates any appropriated or non-appropriated federal funds, consistent with the Anti-Deficiency Act, 31 U.S.C. § 1341. CLM25-K-0001 §C.39 expressly preserves MCCS NAFI status; nothing in these Terms shall be construed to derogate from §C.39.
F-6.1 Active-duty servicemember Patrons (including Reserve and National Guard on federal orders) are entitled to protections under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq. ("SCRA"). Nothing in these Terms or the General Terms waives any non-waivable SCRA right. Any arbitration, forum-selection, jury-trial waiver, class waiver, or limitations provision is subject to SCRA as applicable.
F-6.2 A servicemember Patron who believes a DAB action violates SCRA may submit notice to DAB at the address in Section F-13; DAB shall suspend collection, arbitration, or enforcement pending good-faith review under 50 U.S.C. §§ 3931 (default judgments) and 3932 (stays).
F-7.1 You acknowledge the public record of historical environmental contamination on and adjacent to Marine Corps Base Camp Lejeune, Onslow County, North Carolina. DAB disclaims any and all liability for pre-existing environmental conditions of the Premises (as defined and controlled by the venue operator), including soil, groundwater, surface water, or air conditions not caused by DAB's own acts or omissions. Claims relating to pre-existing conditions shall be directed to the Premises owner/operator and pursued under available federal claim procedures.
F-8.1 DAB Insurance. DAB carries Commercial General Liability insurance with limits of $2,000,000 per occurrence / $5,000,000 aggregate (Markel/K&K Outfitters & Guides program), Workers' Compensation through National Specialty, and Commercial Auto through Progressive, in compliance with CLM25-K-0001 §C.10. Certificates of Insurance naming MCCS and the United States as additional insureds (where required) are on file with MCCS.
F-8.2 Patron Indemnification. Patron's indemnification obligations under General Terms Section 20 extend to MCCS, the United States Marine Corps, and the United States, and are not limited by any apparent agency or apparent authority theory. Nothing in CLM25-K-0001 §C.27 (DAB-to-Government indemnity) is altered or waived by this Agreement.
F-9.1 Subject to the supremacy of federal law on federal enclaves, these Federal Terms are governed by the laws of the State of North Carolina without regard to conflict-of-laws principles, except where federal common law or a federal statute (including the FTCA, the Military Claims Act, the SCRA, the Anti-Deficiency Act, and the Federal Arbitration Act) governs.
F-9.2 Forum selection and venue follow General Terms Section 21, with the additional acknowledgment that, for matters touching the United States or its agencies, federal courts of competent jurisdiction may have exclusive jurisdiction. Tiered venue (Onslow County Small Claims for claims of $10,000 or less; Onslow County Superior/District or U.S. District Court for the Eastern District of North Carolina otherwise) applies to all matters not governed by federal exclusive jurisdiction.
F-10.1 The arbitration, class-waiver, jury-waiver, and limitation-of-actions provisions in General Terms Sections 22–26 apply to disputes between you and DAB and are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
F-10.2 Notwithstanding the foregoing, this Agreement does not arbitrate, waive, or limit (a) any non-waivable SCRA right, (b) any claim that under federal law must be brought in an Article III court, (c) any claim against the United States, MCCS as a NAFI, or any federal agency, which shall be pursued under the FTCA, Military Claims Act, or applicable NAFI claims procedure, or (d) any claim under the Military Lending Act, 10 U.S.C. § 987.
F-11.1 General Terms Section 38 applies on the Premises, and is supplemented as follows: DAB may, in its sole discretion or upon direction of MCCS, the installation commander, or any cognizant federal authority, suspend, relocate, or terminate operations at any Locker for any reason permitted by CLM25-K-0001 or by base-access policy.
F-11.2 Termination, relocation, or temporary closure on the Premises is not a breach by DAB and does not give rise to any refund obligation to Patrons beyond unclaimed, pre-paid, and unearned rental credit. Patrons acknowledge that base-access restrictions, force protection conditions ("FPCONs"), and operational closures are inherent to the federal-installation context.
By initiating each rental transaction on the Premises, you affirmatively acknowledge:
In addition to General Terms Section 34.6, you expressly assume and shall reimburse DAB upon demand for any cost or charge invoiced to DAB by MCCS Fire/EMS, Naval Hospital Camp Lejeune, the U.S. Coast Guard, the U.S. Navy, the Onslow County Sheriff's Office, NC State Parks, commercial marine towing or air-medical transport providers, or any other public or private responder, arising from any rescue, search, recovery, evacuation, or medical-treatment event involving you, any Additional User, or any person operating Equipment under your Account on the Premises. Nothing in this Section F-12.1 obligates any appropriated or non-appropriated federal funds.
All notices under these Federal Terms shall be in writing. Notices to DAB: Daily Adventure Box, Inc., 2884 North Carolina Highway 210, Smithfield, NC 27577, or support@dailyadventurebox.com. Notices to MCCS or the United States shall be directed to the contracting officer of record on CLM25-K-0001 in accordance with the contract; nothing in this Agreement obligates DAB to receive or forward notices on behalf of MCCS or the United States. Notices to you are deemed validly given to the email address associated with your Account.
You acknowledge that access to the Premises is conditional on compliance with installation security and operational requirements, including but not limited to identification verification, FPCON-driven restrictions, prohibited-item rules, and the installation commander's standing orders. Failure to comply with such requirements voids any waiver or indemnity protection extended by DAB and may result in immediate termination of your rental and removal from the Premises by MCCS or installation security personnel without refund.
General Terms Section 36.3 (ADA Accommodations) applies on the Premises subject to the physical and operational constraints of the installation. DAB will work in good faith with MCCS to identify reasonable accommodations consistent with installation policy and federal accessibility law applicable to the Premises (including, where applicable, the Architectural Barriers Act, 42 U.S.C. § 4151 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794).
Patron personal information collected through the App in connection with rentals on the Premises is processed in accordance with the DAB Privacy Policy. DAB does not publish real-time Locker-utilization data or any information prohibited from disclosure by CLM25-K-0001 or by base operational-security policy. Patron information is not sold; sharing with MCCS is limited to aggregated, non-identifying utilization metrics required by the contract or as otherwise required by law.
General Terms Section 28 (Severability; Blue-Pencil) and Section 40 (Gross Negligence Carve-Out and Survival) apply to these Federal Terms. If any provision herein is held unenforceable as to a federal-enclave or federal-question matter, such provision shall be severed or reformed only to the minimum extent necessary, and all remaining provisions shall continue in full force and effect.
These Federal Terms, together with the General Terms (incorporated under Section F-1.2), the Voluntary Waiver and Release of Liability, the per-rental waiver under Section F-4, and the DAB Privacy Policy, constitute the entire agreement between you and DAB with respect to rentals on the Premises and supersede all prior or contemporaneous agreements or understandings, whether written or oral.
By initiating each rental transaction on the Premises, you represent that you have read and understood these Federal Terms and the incorporated General Terms; that you are at least 18 years of age and otherwise eligible under the General Terms; that you accept the per-rental waiver under Section F-4; and that you knowingly and voluntarily agree to be bound by all of the foregoing, subject to your non-waivable rights under SCRA and other federal law.
Patron:
X: _________________________________________ Date: __________________
MCCS-Authorized Status (self-attested): [ ] Active Duty [ ] Dependent [ ] Retiree [ ] DoD Civilian [ ] Other Authorized Patron
Installation: ____________________ Locker ID: ____________________