General Terms and Conditions of Use
Daily Adventure Box, Inc. — Civilian / All Locations
These Terms and Conditions govern rentals provided by Daily Adventure Box Inc. and are subject to all applicable federal, state, and local regulations, including U.S. Coast Guard and recreational safety laws.
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")).
To rent the Equipment, you represent that you and/or any other person for whom you are renting the Equipment are:
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 the Guardian will be fully responsible, at all times, for full compliance with these Terms on behalf of the Guardian and the Minor(s). See also Section 36 (Minors; Parental Consent; ADA).
You must create an account through the App to rent the Equipment (an "Account"). In creating an Account, you must provide DAB with accurate and complete information. During registration, you must select a password and keep it confidential at all times. You will be solely responsible for all use of your Account, including any unauthorized use by third parties. DAB will never ask you for your Account password; do not respond to any such request. You must notify DAB immediately if you receive 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 Equipment, the failure to return Equipment, or the failure to pay for any Equipment, is a crime and may result in criminal prosecution in addition to civil penalties.
Subject to your compliance with these Terms, you may rent Equipment at the hourly rates corresponding to the locker box size in which the 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:
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.
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 checkout. All Additional Users who are over 18 years of age must also accept these Terms. The Guardian of any Minor who will use the Equipment must accept 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.
You agree that, immediately upon rental of the Equipment, you will inspect, examine, and accept the Equipment in the condition 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, 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.
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 return it to DAB at the end of the 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.
"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.
9.1 Standard Cancellation. You may cancel your rental two (2) hours or more in advance of your Rental Period and no cancellation fee will apply. If you cancel less than two (2) hours in advance of your Rental Period, you will be charged 100% of the applicable Rental Fee.
9.2 Inclement-Weather Credit. Where the National Weather Service has issued a Marine Warning, Small Craft Advisory, Lightning Warning, or comparable hazard alert applicable to the Premises, or where on-duty lifeguard authority has issued a "no-swim" or red-flag advisory, DAB will, at your election made within twenty-four (24) hours of the affected Rental Period: (a) issue a non-cash credit equal to the Rental Fees paid, valid for twelve (12) months at any DAB Locker; or (b) reschedule your rental at no additional charge. No cash refund is required. Inclement weather not rising to a published advisory does not entitle you to credit.
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.
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 (per incident):
DAB will provide customers with written notice and documentation of any damage determination before a final charge is processed. As between DAB and the renter, the renter assumes the risk of loss for the Equipment during the Rental Period and shall be deemed insurer of the Equipment to the limits set forth in this Section 11.
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 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.
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-transferable, temporary license to use the Equipment for the purposes set forth in these Terms during the Rental Period.
All Equipment rental reservations and transactions made through the App are subject to DAB's acceptance, in its sole and absolute discretion. Without limitation, DAB reserves the right to refuse to accept or cancel any rental reservation or transaction, whether or not confirmed, for any reason or for no reason, in its sole and absolute discretion, and without any liability to you or any other third party.
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 through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic 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; (e) decompile, disassemble, or reverse engineer the App or Locker; or (f) harvest or collect information or data regarding other users of the App or the Locker.
16.1 DAB owns and retains all right, title, and interest in and to the App and the Locker, including 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, and 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, except as expressly set forth herein.
16.2 Photo and Video Release. Lockers and adjacent Premises may be monitored by camera for security, theft prevention, equipment-condition documentation, and incident investigation. By initiating a rental, you grant DAB an irrevocable, royalty-free, perpetual, worldwide, sublicensable license to use any photograph, video, or likeness captured at a Locker or on Premises in connection with your use of the Equipment for: (a) marketing and brand materials, (b) training, (c) incident investigation and litigation defense, and (d) compliance reporting to MCCS, insurers, or law enforcement. You waive any right of inspection, approval, attribution, or compensation. This Section 16.2 does not extend to private bodily exposure incidental to changing or restroom use, which DAB instructs personnel and contractors not to capture.
All Equipment is provided "as-is" and "with all faults." DAB makes no warranty, express or implied (including any warranties of suitability, merchantability, and/or fitness for any particular purpose), nor 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 Equipment is the return of the Rental Fees associated with the defective Equipment at the time of failure. See also Section 39 (NC Consumer Protection Reps).
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 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, EVEN IF DAB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL DAB'S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU PAID TO DAB IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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 all such risks and forever release and discharge DAB from any and all liens, liabilities, and claims arising in connection with the same, including any 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.
You further acknowledge that compliance with U.S. Coast Guard and local boating safety laws is mandatory and assume full responsibility for any failure to do so. You further acknowledge that DAB does not provide instruction, supervision, or rescue services and that all participation is at the renter's sole risk. See also Section 34 (Inherent Risks of Beach and Water Recreation).
You assume all risks associated with the rental, possession, use, transportation, and storage of the Equipment on your own behalf and on behalf of anyone else who uses the Equipment during the Rental Period. You agree to indemnify, defend, and hold harmless Daily Adventure Box Inc. and its directors, officers, employees, contractors, agents, representatives, affiliates, subsidiaries, successors, and assigns (collectively, the "DAB Parties"), from and against any and all liabilities, claims, demands, actions, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:
This indemnification obligation shall survive the termination or expiration of these Terms and the return of the Equipment. DAB shall provide you with prompt written notice of any claim subject to indemnification.
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles, except where a mandatory provision of your state of residence cannot be waived by contract, in which case such mandatory provision applies solely to that specific issue. Where applicable, federal law, including the Federal Arbitration Act, governs.
Except as provided in Section 22 (Arbitration) and Section [NDA-9 Injunctive Relief, by reference], the exclusive venue for any action shall be:
The parties consent to personal jurisdiction in such courts and waive any objection based on inconvenient forum. This Agreement is intended to be enforceable in all 50 U.S. states, the District of Columbia, and U.S. territories.
Except for (a) claims within the Small Claims jurisdiction of Onslow County, (b) DAB's claims for injunctive, declaratory, or equitable relief (including for misappropriation of trade secrets or breach of confidentiality), and (c) non-waivable statutory claims, any dispute, controversy, or claim arising out of or related to these Terms, the App, or the Equipment shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Jacksonville, North Carolina, before a single arbitrator. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
You may opt out of the arbitration and class-action waiver provisions in Sections 22 and 25 by sending written notice to DAB within thirty (30) days of your first use of the App or first acceptance of these Terms. To opt out, send a written notice that includes your full name, email address, mailing address, and a clear statement that you wish to opt out of arbitration to: Daily Adventure Box, Inc., Attn: Legal — Arbitration Opt-Out, 2884 North Carolina Highway 210, Smithfield, NC 27577, or by email to support@dailyadventurebox.com with the subject line "Arbitration Opt-Out." If you opt out, all other provisions of these Terms remain in full force and effect. Opting out of arbitration does not affect any other rights or obligations under these Terms.
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 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 that you may discuss this waiver and its effects with legal counsel. Accordingly, you knowingly, voluntarily, irrevocably, and unconditionally waive any jury-trial rights.
BY ENTERING INTO THESE TERMS, YOU HEREBY AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall have no authority to hear or adjudicate class, collective, or representative claims. This waiver does not apply where prohibited by applicable non-waivable law.
You acknowledge and agree that, regardless 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 twelve (12) months from the date on which the event giving rise to such claim or cause occurred, or shall be forever barred, except where a shorter or longer period is mandated by non-waivable law.
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 supersede all prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and DAB, except for documents expressly incorporated by reference (DAB Privacy Policy, DAB Confidentiality Agreement where applicable, and where you rent on MCCS-controlled property the DAB Federal Terms and Conditions of Use).
If any provision of these Terms is held to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it enforceable, and, if such modification is not possible, severed from these Terms, with all remaining provisions continuing in full force and effect. The parties expressly authorize the tribunal to "blue-pencil" any restrictive covenant, limitation of liability, waiver, or release to the maximum scope permissible under controlling law. 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.
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.
All notices under these 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 you: the email address associated with your Account. Email notices are deemed received on the date sent. Mailed notices are deemed received five (5) business days after mailing via USPS first-class mail.
DAB shall not be liable for delays or failures to perform (other than payment obligations) caused by events beyond its reasonable control, including weather conditions, natural disasters, power outages, wildfires, hurricanes, acts of God, war, terrorism, civil unrest, government orders, pandemics, labor disputes, infrastructure failure, cyber-attack, supply-chain disruption, or closure or restriction of any venue or military installation by order of its operator or commander. DAB reserves the right to disable Lockers or suspend rentals during hazardous marine or weather conditions or state emergencies.
When operating at hotels, resorts, beaches, or third-party properties, you acknowledge 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.
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.
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.
34.1 Definitions. "Inherent Risks" means those dangers or conditions that are an integral part of beach, coastal, surf, paddle, swim, sun-exposure, and shoreline-adjacent recreational activity, including but not limited to: rip currents, shore break, longshore currents, undertows, submerged hazards, hidden underwater obstacles, lightning and electrical storms, sudden squalls and wind shifts, marine life (including sharks, jellyfish, stingrays, stinging coral, and biting fish), tidal change, sudden weather, fog, heat illness, sunburn, dehydration, hypothermia, cold-water immersion shock, sand-borne pathogens, collision with other users or watercraft, capsizing, falling from Equipment, entrapment of feet or body parts under rocks, debris, or Equipment leashes, equipment failure, and the ordinary wear, failure, or loss of traction, buoyancy, or structural integrity of recreational Equipment under foreseeable conditions. The activities to which this Section 34 applies include paddling, paddleboarding, kayaking, swimming, snorkeling, body-boarding, surfing, beach staging, transport of Equipment to and from the water, carrying and inflating Equipment, and all incidental on-Premises activity associated with rental of the Equipment.
34.2 Assumption. You expressly assume all Inherent Risks. You acknowledge that recreational activity using Equipment rented from DAB is voluntary and undertaken with full knowledge of such risks.
34.3 Comparative Negligence Acknowledgment. The parties acknowledge that North Carolina applies the doctrine of contributory negligence as modified by NCGS Chapter 99B for product-liability matters. You agree that any claim arising from Equipment use is subject to the allocation and defenses set forth in NCGS Chapter 99B, including the twelve (12) year statute of repose under NCGS § 1-46.1.
34.4 Pre-Existing Site Conditions. You acknowledge that DAB does not own or control the Premises at which Lockers are sited. DAB disclaims any and all liability for pre-existing environmental, structural, or natural conditions of the Premises (as defined 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.
34.5 Medical Liens. You agree that DAB is not a healthcare provider, guarantor, or insurer. Pursuant to NCGS § 44-49 and NCGS § 44-50, no medical lien, subrogation claim, or charge by any hospital, physician, or healthcare provider arising from treatment of you shall attach to any payment, refund, or credit owed by DAB. You shall hold DAB harmless from any such lien or charge.
34.6 No Rescue, Lifeguard, or Medical Services; Cost-Shifting for Rescue and Evacuation. DAB does not provide on-site lifeguard, rescue, towing, swift-water, or medical-response services and does not maintain personnel at any Locker or Premises for those purposes. In any emergency, you shall call 911 or, on MCCS-controlled property, the installation emergency number. You expressly assume, and shall reimburse DAB upon demand for, any cost or charge invoiced to DAB by the U.S. Coast Guard, U.S. Navy, NC State Parks, MCCS Fire/EMS, the Onslow County Sheriff's Office, commercial marine towing or rescue providers, air-medical transport providers, or any hospital or treating facility, arising from a rescue, search, recovery, evacuation, or medical-treatment event involving you, any Additional User, or any person operating Equipment under your Account.
34.7 Express Assumption of Risk Acknowledgment. I EXPRESSLY, KNOWINGLY, AND VOLUNTARILY ASSUME ALL INHERENT RISKS DESCRIBED ABOVE AND ALL OTHER RISKS, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, ARISING FROM MY USE OF THE EQUIPMENT, INCLUDING THE RISK OF DEATH, AND I AGREE THAT THIS WAIVER AND RELEASE INCLUDES, AMONG OTHER THINGS, CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF DAB, ITS OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS, SUBJECT ONLY TO THE CARVE-OUT IN SECTION 40.
35.1 Each rental transaction initiated through the App or kiosk constitutes your electronic execution of this Agreement and the per-rental acknowledgment required by the venue operator. Pursuant to the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and the North Carolina Uniform Electronic Transactions Act, NCGS § 66-311 et seq., you consent to the use of electronic records and electronic signatures and agree that such records and signatures have the same legal effect as handwritten signatures on paper.
35.2 Per-Rental Affirmations. You shall confirm, at each rental, each of the following as a condition of unlocking the Equipment:
Failure to complete the per-rental confirmation voids the rental and any warranty or protection otherwise extended hereunder. DAB may record and retain the timestamp and content of each per-rental confirmation as evidence of assumption of risk and acceptance of these Terms.
35.3 Multi-User Responsibility Shift. Where you unlock or rent Equipment for use by one or more Additional Users, you act as the safety relay for each such user. You represent that you have, prior to use, (i) communicated the Inherent Risks under Section 34 to each Additional User, (ii) confirmed each Additional User's swim ability, sobriety, and physical capability under Section 35.2, (iii) confirmed each Additional User is wearing a properly fitted USCG-approved PFD, and (iv) accepted these Terms on behalf of each Additional User who has not separately accepted them. You assume full responsibility for any Additional User's failure of any of the foregoing and indemnify DAB under Section 20 for any claim arising from any such failure.
36.1 COPPA. DAB does not knowingly collect personal information from any child under thirteen (13) years of age through the Service. Equipment rented for use by a Minor shall be rented and supervised by a Guardian, who is the User of record and who assumes all responsibility and Inherent Risk on the Minor's behalf.
36.2 Parental Consent and Allocation of Parental Claims. By initiating a rental involving a Minor, the renting adult represents that they are the Minor's parent or legal guardian, or have written authorization thereof. The Guardian:
36.3 ADA Accommodations. DAB is committed to reasonable accommodation of users with disabilities under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Users seeking accommodation shall contact DAB at the address in Section 30 at least forty-eight (48) hours prior to intended rental. Accommodation is subject to the physical constraints of Premises controlled by third-party venue operators (including MCCS-controlled property).
37.1 Relationship. Field Technicians engaged by DAB through the Contractor Portal are independent contractors and are not employees, agents, partners, or joint venturers of DAB. This Section 37 governs the relationship between DAB and Field Technicians and supersedes any inconsistent provision.
37.2 Economic Realities Recitals. Consistent with the common-law control test, the IRS twenty-factor analysis, the U.S. Department of Labor economic-realities test, and (to the extent applicable to Technicians domiciled or working in California) the ABC test codified at Cal. Lab. Code § 2775 et seq., the parties acknowledge:
DAB's provision of consumable supplies, replacement parts, or specialized diagnostic tools issued for a specific work order does not convert Technician to an employee; such items are provided to ensure brand and safety consistency required by DAB's customers and remain DAB property.
37.3 Zone One — En Route. Travel from Technician's point of origin to any DAB work site is solely Technician's responsibility. Technician operates their own vehicle, carries personal automobile liability insurance with minimum limits of $300,000 combined single limit and a "commercial use," "business use," or Hired and Non-Owned Auto ("HNOA") endorsement sufficient to cover work-related travel. DAB is not liable for any accident, injury, property damage, citation, or loss occurring during en-route travel. Technician waives any claim that such travel is compensable working time under the Fair Labor Standards Act or the NC Wage and Hour Act, NCGS Chapter 95.
37.4 Zone Two — On-Site. While at a Locker, Premises, or work site, Technician assumes all risks incident to the work, including: slips, trips, and falls; drowning, near-drowning, and water exposure; heat and cold illness; wildlife encounters; equipment malfunction; base-access incidents; and interactions with patrons or Premises personnel. DAB is not liable for on-site injury or property damage to Technician. Technician's sole recovery for on-site injury shall be through Technician's own occupational accident, disability, or health insurance.
37.5 Zone Three — Between Sites. Travel between DAB work sites within a single day, or between any DAB work site and Technician's lodging, meals, or personal errands, is treated identically to Zone One. No such travel is compensable working time, and DAB carries no workers' compensation coverage for Technician.
37.6 Insurance Minimums. Before accepting a first work order, Technician shall procure and maintain, at Technician's expense: (a) Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, naming DAB as additional insured; (b) Automobile liability as specified in Section 37.3; (c) where required by state law, Occupational Accident or Workers' Compensation coverage. Technician shall furnish a Certificate of Insurance to DAB upon request.
37.7 Indemnification. Technician shall indemnify, defend, and hold harmless DAB, its officers, directors, shareholders, affiliates, and venue partners (including MCCS and the United States Marine Corps) from any third-party claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising from (i) Technician's acts or omissions, (ii) breach of this Section 37, (iii) injury or property damage caused by Technician, (iv) any claim that Technician is an employee of DAB for tax, wage, benefit, or labor-law purposes.
37.8 Waiver and Release. Technician waives any right to sue DAB for injury or loss sustained in any Zone and acknowledges this waiver is a material condition of engagement. Each Technician shall execute a separate written Independent Contractor Waiver and Release before first work-order acceptance; such waiver is incorporated herein by reference.
37.9 Confidentiality. Technician shall hold in confidence all non-public DAB information disclosed in the course of work, including locker access credentials, customer data, revenue data, route plans, and hardware schematics, in accordance with the DAB Confidentiality Agreement executed at Portal enrollment.
38.1 DAB may, in its sole discretion and without notice, substitute, replace, retire, relocate, reconfigure, or discard any Equipment at any Locker with comparable or alternative gear reasonably suited to the same recreational category.
38.2 DAB may, in its sole discretion, terminate operations at any Locker or venue for any reason, including (a) lease or permit termination by the Premises operator, (b) equipment damage, loss, or theft, (c) unprofitability, (d) force majeure including acts of God, war, pandemic, government order, or infrastructure failure, (e) policy change by MCCS, MWR, or any venue operator, (f) change in applicable law. Termination is not a breach and does not trigger refund obligation to users beyond any unclaimed, pre-paid, and unearned rental credit.
39.1 DAB makes no representation, warranty, or promise other than those expressly set forth in this Agreement. DAB disclaims any implied warranty of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permitted under NC Uniform Commercial Code Article 2, NCGS § 25-2-316.
39.2 The parties intend this Agreement to comply with, and you waive any claim under, the North Carolina Unfair and Deceptive Trade Practices Act, NCGS § 75-1.1, to the fullest extent permitted by law. Any claim under NCGS § 75-1.1 shall be subject to Sections 22 through 26 above (arbitration, class waiver, jury waiver, limitations).
40.1 Carve-Out. Nothing in these Terms is intended to release or limit DAB's liability for gross negligence, willful or wanton misconduct, intentional acts, fraud, strict liability for abnormally dangerous activities, statutory violations that may not be released by contract, or any other liability that, under controlling law, may not be released or limited by agreement.
40.2 Authority Anchor. The parties acknowledge that, under North Carolina law, exculpatory contracts that clearly and conspicuously identify the activities, parties, and theories released — including the word "negligence" — are enforceable as to claims of ordinary negligence, but not as to gross negligence, willful or wanton conduct, or violations of statute or public policy. Sylva Shops L.P. v. Hibbard, 175 N.C. App. 423 (2006); Hyatt v. Mini Storage on the Green, 763 S.E.2d 166 (N.C. App. 2014). The parties further acknowledge that, on federal enclaves under 16 U.S.C. § 457, the substantive tort law of the surrounding State applies. These Terms are drafted, and shall be construed, consistent with that authority.
40.3 Severability and Survival. If, and only to the extent that, any waiver, release, indemnification, limitation of liability, contractual limitations period, or similar protective provision herein is found by a court or arbitrator of competent jurisdiction to be unenforceable as applied to a specific claim of gross negligence, willful misconduct, or any other carve-out described in Section 40.1, the unenforceability shall be limited to that claim and that provision. All remaining provisions, and all such protective provisions as applied to all other claims and theories, shall remain in full force and effect, blue-penciled to the maximum scope permitted under Section 28.
The parties consent to the use of electronic signatures and records pursuant to the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and the NC Uniform Electronic Transactions Act, NCGS § 66-311 et seq. Electronic assent via click-through, tap-to-accept, or digital-signature platform constitutes a signed writing for all purposes.
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:
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 (subject to Section 40 carve-out for gross negligence and willful misconduct).
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, OR 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 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 representations, 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.
Primary User:
X: _________________________________________ Date: __________________
Additional Users (18+):
Name: ______________________________________ X: _________________________ Date: __________
Name: ______________________________________ X: _________________________ Date: __________
Name: ______________________________________ X: _________________________ Date: __________
Additional Users (Under 18):
Name: _________________________________________ Date: __________________
Name: _________________________________________ Date: __________________
Parent/Guardian:
Name: ______________________________________ X: _________________________ Date: __________
Wash full-face snorkel before and after every use. Cleaning product overview: Branch Basics plant- and mineral-based multi-purpose cleaner, diluted with water. NO NUTS OR TREE NUTS, HYPOALLERGENIC, NON-TOXIC, NO SYNTHETIC PRESERVATIVES, SYNTHETIC FRAGRANCES, ALCOHOL, OR ETHOXYLATES. 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. 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.