Daily Adventure Box
General Terms and Conditions of Use
Daily Adventure Box, Inc. — All Civilian & Commercial Locations (National)
Document ID: DAB-GT-2026-05 Version: 5.0 Effective: July 1, 2026

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. These Terms apply to all DAB Locker locations in all states unless a location-specific addendum expressly provides otherwise. The DAB Federal Terms and Conditions (DAB-FTC) govern separately for MCCS and military installations and are not modified by this document.

Welcome to Daily Adventure Box, Inc. ("DAB," "our," "us," or "we"). DAB owns and operates the website at www.dailyadventurebox.com and the related mobile application (collectively, the "App"). We offer inflatable kayaks, inflatable paddleboards, surfboards, bodyboards, skimboards, tents, beach shades, BOTE floats, BOTE docks, BOTE chairs, BOTE hammocks, BOTE games, Bluetooth speakers, spike ball sets, basketballs, soccer balls, footballs, frisbees, snorkel masks, snorkel tubes, dive fins, SharkBanz bracelets, hammocks, and other outdoor leisure or beach 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 of Use and the Voluntary Waiver and Release of Liability below (collectively, these "Terms") govern your access to and use of the App, and your rental and use of the Equipment. "You" means you personally, and if applicable, any other person for whom you rent Equipment, including any Additional User added at checkout.

1. Eligibility

To rent Equipment, you represent that you and any person for whom you are renting Equipment are:

An adult parent or legal guardian ("Guardian") may rent Equipment for persons under 18 ("Minors"), provided the Guardian is fully responsible for Minor compliance with these Terms at all times. See Section 40 (Minors; Parental Consent; ADA).

2. Accounts

You must create an App account to rent Equipment. You must provide accurate and complete information and keep your password confidential. You are solely responsible for all account activity. DAB will never ask for your password. Notify DAB immediately of any unauthorized account use. Use of false identification to obtain Equipment, failure to return Equipment, or failure to pay are crimes subject to criminal prosecution and civil penalties.

3. Equipment Rental

Subject to compliance with these Terms, you may rent Equipment at the hourly rate corresponding to the Locker box size in which it is stored.

Box-Size-Based Hourly Pricing:

All rentals are billed hourly with no daily cap. Rates are automatically calculated in the App.

4. Rental Fees

Taxes and fees are automatically calculated at checkout based on the destination location's applicable state and local sales tax rate. All charges are based on the box-size hourly rate and time of possession. Late, damaged, or lost Equipment incurs additional charges under Sections 10 and 11.

5. Additional Users

Any person who will use the Equipment during your Rental Period — regardless of age — must be added as an "Additional User" at checkout. Additional Users over 18 must accept these Terms. The Guardian of any Minor must accept these Terms on the Minor's behalf.

Each Additional User of waterborne Equipment must confirm understanding of and compliance with all applicable U.S. Coast Guard requirements, including use of a properly fitted USCG-approved PFD at all times on or near water. The primary renter accepts full responsibility for ensuring all Additional Users meet these requirements. See Section 39.3 (Multi-User Responsibility Shift).

6. Equipment Inspection: Customer as Primary Inspector

6.1 Customer Is the Primary and Final Inspector

THE CUSTOMER IS THE PRIMARY AND FINAL INSPECTOR OF ALL EQUIPMENT PRIOR TO USE. DAB does not conduct a per-rental inspection of Equipment before each individual rental. DAB conducts routine maintenance inspections on a schedule determined by time elapsed since the last inspection and/or the number of rental cycles completed since the last inspection — typically weekly to bi-weekly, adjusted by usage volume at each location. DAB's scheduled maintenance inspections are designed to identify and address conditions that develop over time or across multiple rental cycles. They are not designed to detect or prevent defects that arise between scheduled inspection intervals. ACCORDINGLY, THE CUSTOMER'S PRE-RENTAL INSPECTION IS THE ONLY REAL-TIME ASSESSMENT OF EQUIPMENT CONDITION THAT OCCURS BEFORE YOUR USE.

6.2 Inspection Window

Upon unlocking the Locker and accessing Equipment, you have ten (10) minutes — or until you leave the Locker premises with the Equipment, whichever occurs first — to inspect all Equipment (the "Inspection Window"). During the Inspection Window, you may return all Equipment for a full refund of all Rental Fees and Sales Taxes, for any reason or no reason, with no penalty.

6.3 Inspection Standard: Any Doubt = Return

The standard for triggering your full-refund return right is any doubt, concern, or uncertainty about any aspect of Equipment condition. You do not need to identify a specific defect or be an expert in Equipment condition. If anything about the Equipment seems questionable, unusual, inconsistent with normal condition, or makes you uncertain about safe use — RETURN IT AND REQUEST YOUR REFUND BEFORE LEAVING THE LOCKER AREA. There is no penalty for returning Equipment during the Inspection Window.

6.4 Equipment-Specific Inspection Checklist

You must, at minimum, inspect the following before leaving the Locker premises:

6.5 Post-Window Acceptance

After the Inspection Window closes — either ten (10) minutes after Locker opening or upon departure from the Locker premises, whichever occurs first — you have irrevocably accepted the Equipment in its then-current condition. All risk of any defect, condition, or failure that was reasonably discoverable through the inspection described in Section 6.4 passes to you at the close of the Inspection Window. DAB has no liability for any defect, condition, or failure that: (a) was reasonably discoverable through the inspection in Section 6.4; (b) arose from conditions that developed during your Rental Period; or (c) resulted from your failure to inspect before use.

6.6 Emergency Exception

The Inspection Window refund right does not apply after you have used Equipment in or on the water or departed the Locker premises. Equipment that fails after water entry is governed by Section 11 (Damaged or Lost Equipment); Rental Fee refunds are not available.

6A. Customer Inspection as Official Maintenance Record; Tutorial Video; Legal Effect of Your Inspection

6A.1 Your Pre-Rental Inspection Is a Maintenance Record

Every pre-rental inspection you complete through the App is entered into DAB's official equipment maintenance and inspection log alongside inspections performed by DAB staff and field technicians. Your inspection record includes: your account identifier, the date and time of inspection (server-side timestamp), the Locker identifier, the location, each individual Equipment item inspected, your checklist responses for each item, any photos submitted, and whether you watched the pre-rental inspection tutorial video. This record is maintained by DAB for a minimum of three years and may be produced in any legal proceeding, insurance claim, or regulatory inquiry as evidence of Equipment condition at the time of your rental.

6A.2 Mandatory Pre-Rental Tutorial Video

Before completing checkout for any Equipment rental at a DAB Locker, you will be presented with a short tutorial video specific to the Equipment category you are renting. The tutorial demonstrates the correct inspection technique for each item in your rental, including specific checkpoints for safety-critical components (PFD armed status, inflatable seam integrity, fin retention, snorkel mask seal, and others). You may complete the rental without watching the full tutorial by tapping "Skip," but doing so is logged as a deliberate choice to proceed without viewing inspection guidance. Watching or skipping the tutorial does not change your obligation to perform the pre-rental inspection described in Section 6.4. However, your choice to skip the tutorial, combined with any failure to identify a defect the tutorial specifically demonstrates, may be considered in the allocation of responsibility for any resulting injury or damage.

6A.3 Legal Effect of Your Completed Inspection

6A.4 Post-Return Photo Requirement

When you return Equipment to a Locker, you are required to photograph each piece of Equipment using the App's built-in photo capture before completing the return confirmation. The App will prompt you to photograph each item. Server-side timestamps and metadata are automatically attached to all photos submitted through the App. Post-return photos are logged in DAB's maintenance record alongside your pre-rental inspection record, creating a complete condition record for each rental cycle.

Why this matters to you: If you return Equipment in good condition and photograph it at return, you have contemporaneous evidence that the Equipment was undamaged at the time of your return. This evidence is your strongest protection against any subsequent damage charge. DAB relies on server-side timestamps and the photographic record, not personal recollection, to resolve damage disputes. Photos taken outside the App (on your personal camera) are significantly less reliable as evidence because device timestamps are not independently verified by DAB.

Required photo subjects at return: (a) the full item, showing all sides where damage could reasonably occur; (b) any PFD showing the pull-tab seal and armed status indicator; (c) any safety-critical component (fin, valve, seam junction, leash attachment) for which you have a concern. If you have no concerns and all items appear undamaged, a single full-item photo per piece of Equipment satisfies this requirement.

6A.5 Customer Inspection Records in DAB's Maintenance Log

DAB's maintenance log for each Equipment item contains, in chronological order, all of the following: DAB staff and contractor scheduled inspections; customer pre-rental inspections from every rental; customer post-return inspections from every rental; any damage reports; any corrective-action records; and Equipment retirement documentation. This integrated log means that every customer's inspection is part of DAB's official chain of custody for that item. The log is visible to DAB operations staff and may be accessed by authorized parties in legal or insurance proceedings. Customers may request a copy of their own inspection records by contacting support@dailyadventurebox.com.

7. Equipment Use and Care

Only you and registered Additional Users may use the Equipment. You must protect Equipment against misuse, exposure to adverse conditions, abuse, or neglect; maintain it in good operating condition; and return it in substantially the same condition at the end of the Rental Period (Ordinary Wear and Tear excepted).

8. Ordinary Wear and Tear

"Ordinary Wear and Tear" means normal deterioration from proper and intended use under these Terms and will not be considered damage. Damage beyond Ordinary Wear and Tear — for which you are solely responsible — includes without limitation: damage from overloading, exceeding rated capacities, non-standard use, operation without required safety equipment, improper use, misuse, abuse, neglect, accidents, intentional damage, and any other damage resulting from your negligence or willful misconduct.

9. Cancellations and Inclement-Weather Credit

9.1 Standard Cancellation. Cancellations two (2) or more hours before your Rental Period incur no fee. Cancellations less than two (2) hours before your Rental Period are 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 or local beach patrol has issued a "no-swim," red-flag, or double-red-flag advisory — DAB will, at your election within twenty-four (24) hours: (a) issue a non-cash credit equal to 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 for weather cancellations. Inclement weather not rising to a published advisory does not entitle you to credit.

10. Late Rental Fees

Rentals are billed strictly hourly. If Equipment is not returned by the scheduled end time, additional hourly charges accrue automatically at the same box-size rate until proper return. DAB reserves the right to charge additional administrative or recovery fees if Equipment is not returned within twenty-four (24) hours.

10A. Silent Damage Disclosure Obligation

10A.1 Mandatory Disclosure at Return

Upon returning Equipment, you are required to disclose through the App's return confirmation flow any damage, deterioration, or change in condition that occurred during your Rental Period — whether or not you caused it, whether or not you believe it is material, and regardless of whether it was present at the time of rental. This obligation includes, without limitation:

10A.2 Consequences of Non-Disclosure

Failure to disclose any condition described in Section 10A.1 constitutes material misrepresentation and fraudulent concealment. A renter who fails to disclose:

10A.3 Good Faith

DAB will use commercially reasonable efforts to distinguish between good-faith returns with minor undisclosed conditions and intentional concealment. This Section 10A is intended to protect the safety of subsequent renters. DAB may, in its sole discretion, waive damage charges where disclosure is made in good faith promptly upon return.

11. Damaged or Lost Equipment; Post-Return Charge Authorization; Presumption of Liability

11.1 Damage and Loss Charges

If Equipment is lost, stolen, damaged, or returned incomplete during your Rental Period, you are liable for the lesser of: (a) the actual cost to repair or replace the specific Equipment item, or (b) the maximum charge for your box size listed below. These caps apply to equipment damage and loss only — they do not limit DAB's right to recover for any other breach of these Terms.

11.2 Advance Authorization to Charge for Post-Return Damage

11.3 Return Confirmation as Condition Representation

When you confirm return of Equipment through the App — by tapping any "Return," "Confirm Return," "Drop Off Complete," or similar confirmation — you are making an affirmative, timestamped representation to DAB that the Equipment is: (a) complete with all components present; (b) free from new damage caused during your Rental Period; (c) in the same condition as when you received it, subject to normal surface wear. Your return confirmation is logged server-side with a timestamp, your account identifier, and device fingerprint. This record is maintained as part of DAB's rental chain-of-custody documentation and may be submitted as evidence in any payment dispute, legal proceeding, or regulatory inquiry.

11.4 Presumption of Liability for Damage Found Before Next Rental

If damage or missing components are identified on Equipment during any inspection — including by the next renter during their pre-rental inspection — and no rental occurred between your return and that discovery, the damage is presumptively attributed to your Rental Period. You bear the burden of demonstrating by clear and convincing evidence that the damage did not occur during your rental. Evidence DAB will consider includes: (a) photos you took at the time of return submitted through the App; (b) damage reported at the time of return before return confirmation; (c) documented third-party impact during your rental (e.g., another person colliding with the equipment while it was in your possession). The existence of another explanation does not alone rebut the presumption — you must affirmatively demonstrate the damage pre-existed your rental or was caused by another identified event.

11.5 Pre-Authorization Hold

DAB places a temporary pre-authorization hold on your payment method at the time of rental in the amount corresponding to your Equipment class. This hold is not a charge — it is a reservation of funds against which a charge may be assessed if damage is found. The hold is released within 72 hours of return if no damage is identified. Availability of your funds during the hold period is governed by your card issuer's policies, not DAB's. If your card issuer releases the hold before the 72-hour inspection window closes and damage is subsequently identified, you remain contractually liable for the full damage charge and DAB may submit a separate charge to your payment method.

11.6 Dispute Process Before Chargeback

If you dispute a damage charge assessed under this Section, you agree to contact DAB at support@dailyadventurebox.com before initiating any dispute, chargeback, or reversal with your card issuer or payment processor. DAB will respond to all written damage disputes within 5 business days with a documentation package including timestamped rental records, condition photos, and the chain-of-custody log. You acknowledge that initiating a card dispute without first completing DAB's dispute process is a breach of these Terms and may result in the dispute being characterized to your card issuer as having been resolved through an agreed process.

12. Payment Authorization

You irrevocably authorize DAB to charge your payment method for all applicable Rental Fees, Sales Taxes, Late Rental Fees, Lost/Damaged Equipment charges, CO2 Rearming Fees (Section 38.13(f)), and any other charges due under these Terms. You agree to indemnify DAB for all such payments, processing fees, and related charges.

13. Possession; Title

DAB retains all right and title to Equipment at all times. Subject to your compliance and payment, DAB grants you a limited, non-transferable, temporary license to use Equipment for purposes set forth herein during the Rental Period only.

14. Right to Refuse Rental

All rental transactions are subject to DAB's acceptance in its sole and absolute discretion. DAB reserves the right to refuse, cancel, or revoke any rental for any reason or no reason, at any time, without liability.

15. Locker Use; Personal Property Storage; Locker-Related Injuries

15.1 Physical Hazards of Lockers

Lockers contain spring-loaded doors, metal hinges, latching mechanisms, door tracks, and other hardware that can cause cuts, lacerations, pinch injuries, crush injuries, and bruising. You must keep fingers, hands, and feet clear of door edges, hinge gaps, and latch mechanisms when opening or closing doors; operate doors slowly and deliberately; and report any sharp edge, broken component, or malfunctioning mechanism through the App before use. Supervise Minors at all times near Locker hardware. DAB is not liable for injuries caused by failure to exercise reasonable care when operating Locker hardware.

15.2 Temperature and Environmental Conditions

Lockers are installed in outdoor coastal environments. Interior Locker temperatures can exceed 140°F (60°C) during periods of direct sunlight. These conditions can cause severe damage to electronics, medications, food, cosmetics, and other items. Salt air, condensation, humidity, and rain intrusion are also present. DAB is not responsible for any damage caused by heat, cold, humidity, salt air, condensation, or any other environmental condition to any personal property stored in or around a Locker.

15.3 Personal Property: Storage at Sole Risk

Lockers are designed and provided exclusively for storage of DAB-rented Equipment during active rental sessions. Any personal property you store in a Locker is stored at your sole risk. DAB IS NOT A BAILEE, WAREHOUSE OPERATOR, OR CUSTODIAN OF ANY PERSONAL PROPERTY. No bailment relationship is created by your storage of personal items in a Locker. DAB has no duty of care with respect to personal property in any Locker.

15.4 Electronics Warning

Smartphones, tablets, cameras, smart watches, wireless earbuds, battery packs, laptops, and other electronic devices are particularly susceptible to heat damage when stored in Lockers in direct sunlight. Heat can cause battery swelling, explosion, display failure, circuit board failure, data loss, and fire. BY STORING ANY ELECTRONIC DEVICE IN A LOCKER, YOU ACKNOWLEDGE THIS RISK AND ASSUME ALL RISK OF DAMAGE OR LOSS. DAB strongly recommends against storing electronics in Lockers.

15.5 Prohibited Storage Items

You may not store the following in any Locker: (a) food, beverages, or perishables; (b) alcohol; (c) medications requiring temperature control; (d) pressurized canisters or aerosol sprays (other than PFD CO2 cartridges as part of rented Equipment); (e) flammable or combustible materials; (f) live animals; (g) glass containers; (h) weapons, ammunition, or controlled substances; (i) any item that emits odors, fluids, or particulates that could contaminate Equipment or harm subsequent users. Violation may result in immediate rental termination and liability for any resulting damage.

15.6 Theft and Unauthorized Access

You are responsible for maintaining the security of your Locker access credentials. DAB is not liable for theft of, or unauthorized access to, items in a Locker resulting from: your disclosure of credentials; third-party observation of your code entry; Locker malfunction causing unintended opening; or physical compromise of the Locker. If DAB Equipment is stolen during your Rental Period, you remain liable under Section 11.

15.7 Property Remaining After Rental Period

Personal property remaining in a Locker after your Rental Period ends may be removed by DAB or its contractors. DAB will make reasonable efforts to hold found personal property for up to twenty-four (24) hours. After twenty-four (24) hours, abandoned personal property may be disposed of, donated, or transferred to local authorities. DAB has no liability for the disposition of abandoned personal property.

15.8 Locker Malfunction During Rental

If a Locker malfunctions during your Rental Period, contact DAB support immediately through the App or at support@dailyadventurebox.com. DAB will make commercially reasonable efforts to resolve the malfunction. DAB is not liable for consequential, incidental, or special damages from Locker malfunction — including missed activities, substitute equipment costs, or other downstream losses. DAB's maximum liability for Locker malfunction is a refund of Rental Fees for the affected period.

15.9 Customer-Caused Locker Damage

You are liable for damage you cause to any Locker, including damage from improper use of the locking mechanism, forced opening, impact damage, or introduction of prohibited items. DAB may charge your payment method for the reasonable cost of repair or replacement.

16. Use of App and Locker — Technical

In your use of the App and Lockers, you may not: (a) disrupt or interfere with App or Locker security; (b) introduce viruses, harmful code, or denial-of-service attacks; (c) attempt unauthorized access to any Account or Locker; (d) use the App or Locker to build a competitive product or service; (e) decompile, disassemble, or reverse engineer the App or Locker; or (f) harvest information about other users.

17. Reservation System; App and Technology Limitations

17.1 Reservation as Request, Not Guarantee

A rental reservation confirms your request for Equipment. It does not guarantee availability. Equipment available at reservation time may become unavailable before pickup due to damage discovered during a prior rental, active maintenance, or any other reason. DAB will issue a credit equal to the Rental Fees for unavailable Equipment; no consequential damages are owed.

17.2 Pricing Quotes

Prices displayed during browsing may change due to dynamic pricing or promotional expiration. A price is confirmed only upon completion of the checkout transaction. Screenshots of displayed prices are not binding offers.

17.3 App Failure During Active Rental

If the App becomes unavailable during an active rental: (a) your rental continues and time-based charges accrue normally; (b) contact DAB support immediately at support@dailyadventurebox.com; (c) DAB will not charge late fees caused solely by App unavailability where you have contacted support promptly; (d) you remain responsible for returning Equipment to the correct Locker. DAB is not liable for damages from App unavailability.

17.4 Device and Battery Failure

You are responsible for maintaining a functioning device with adequate battery to use the App, access the Locker, and complete your rental. DAB is not responsible for your inability to access a Locker due to device failure, dead battery, lost device, or lack of cellular connectivity.

17.5 Technology Is Not a Safety Resource

The App is a commercial transaction platform. It is not a safety monitor, emergency response system, real-time hazard alert, or weather service. Do not rely on the App for safety information, water condition data, or emergency assistance. In an emergency, call 911. On MCCS property, call the installation emergency number.

18. Multi-Rental and Combined-Use Restrictions

18.1 Independent Capacity Limits

Each individual piece of Equipment has its own manufacturer-specified weight limit, user capacity, and performance rating. Renting multiple items does not aggregate, combine, or increase any individual item's capacity. You may not exceed the rated capacity of any individual item regardless of what other items are rented simultaneously.

18.2 Single-User Watercraft

Inflatable SUPs, inflatable kayaks, and other single-rider watercraft are rated for one (1) adult rider. No additional persons, animals, or cargo beyond manufacturer specifications may be placed on or in any single-rider watercraft. Simultaneous rental of two single-rider watercraft by one person does not authorize double-occupancy use of either.

18.3 Prohibited Combined Uses

The following combined uses are prohibited:

18.4 Sub-Rental Prohibited

You may not sub-rent, lend, transfer, or allow use of DAB Equipment by any person not registered as an Additional User at checkout. Any use by an unregistered person is unauthorized, voids all waiver protections, and transfers full liability to you.

18.5 Primary Renter Responsibility

You are responsible for all Equipment rented under your Account during a session, regardless of which Additional User has physical possession of any specific item.

19. Intellectual Property; Photo and Video Release

19.1 DAB retains all rights in and to the App, Locker, and all DAB Content. No rights to DAB Content are granted except as expressly set forth herein.

19.2 Photo and Video Release. Lockers and adjacent Premises may be monitored by camera. 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 Equipment use for: (a) marketing and brand materials; (b) training; (c) incident investigation and litigation defense; and (d) compliance reporting to insurers, venue operators, or law enforcement. You waive any right of inspection, approval, attribution, or compensation. This Section does not extend to private bodily exposure incidental to changing or restroom use.

20. Warranty Waiver

All Equipment is provided "as-is" and "with all faults." DAB makes no warranty, express or implied, including warranties of suitability, merchantability, fitness for any particular purpose, or freedom from defects (latent or patent). No warranties exist with respect to Equipment beyond those expressly stated herein. Your sole remedy for failure of or defect in Equipment at the time of failure is return of Rental Fees associated with the defective Equipment — subject to the Inspection Window limitation in Section 6.

21. 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 DAMAGES RELATING TO LOST PROFITS, LOST DATA, LOST ENJOYMENT, OR PERSONAL PROPERTY DAMAGE BEYOND EQUIPMENT) 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 AND APPLY TO ALL CLAIMS INCLUDING PERSONAL PROPERTY DAMAGE, APP FAILURE, LOCKER MALFUNCTION, RESERVATION UNAVAILABILITY, AND ALL TECHNOLOGY-RELATED CLAIMS. See Section 46 (Gross Negligence Carve-Out) for limitations on this limitation.

22. Assumption of Risk

You acknowledge that possession, use, transportation, and storage of Equipment may give rise to the risk of personal injury, property damage, and death. 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 your use of Equipment, Lockers, the App, and associated services. Such release covers you, all Additional Users, and any unauthorized users who access Equipment through your Account.

You further acknowledge that compliance with USCG, state, and local boating and beach safety laws is mandatory, and you assume full responsibility for any failure to comply. DAB does not provide instruction, supervision, lifeguard services, or rescue services, and all participation is at your sole risk. See Section 37 (Assumption of Inherent Risks).

23. Indemnification

You assume all risks associated with rental, possession, use, transportation, and storage of Equipment, on your own behalf and on behalf of all Additional Users. You agree to indemnify, defend, and hold harmless Daily Adventure Box Inc. and its directors, officers, employees, contractors, agents, affiliates, successors, assigns, venue partners, and host properties (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) arising out of or in connection with:

This indemnification obligation survives termination or expiration of these Terms and return of Equipment.

24. Governing Law; Forum Selection; Tiered Venue

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.

The exclusive venue for any action is:

The parties consent to personal jurisdiction in such courts and waive any objection based on inconvenient forum. These Terms are intended to be enforceable in all 50 U.S. states, the District of Columbia, and U.S. territories.

25. Dispute Resolution; Mandatory Arbitration

Except for: (a) claims within the Small Claims jurisdiction of Onslow County; (b) DAB's claims for injunctive, declaratory, or equitable relief; and (c) non-waivable statutory claims — any dispute arising out of or related to these Terms, the App, or 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, governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

26. Right to Opt Out of Arbitration

You may opt out of Sections 25 and 28 by sending written notice within thirty (30) days of your first use of the App or acceptance of these Terms 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 subject line "Arbitration Opt-Out." Opt-out does not affect any other provision of these Terms.

27. Waiver of Jury Trial

You hereby waive all rights to a jury trial of any claim arising out of or based on these Terms, including contract, tort, breach of duty, and all statutory claims. This waiver is knowing, voluntary, irrevocable, and unconditional. You acknowledge you may consult legal counsel regarding this waiver before accepting these Terms.

28. Waiver of Class Actions

BY ENTERING INTO THESE TERMS, YOU WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS IN THE FORM OF A CLASS ACTION, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. The arbitrator has no authority to hear or adjudicate class, collective, or representative claims. This waiver does not apply where prohibited by non-waivable law.

29. Limitation of Actions

Any claim against DAB arising out of these Terms must be filed within twelve (12) months from the date the event giving rise to the claim occurred, or shall be forever barred, except where a shorter or longer period is mandated by non-waivable law (including state wrongful death statutes where applicable).

30. Entire Agreement

These Terms constitute the entire agreement between you and DAB with respect to Equipment rental and use, and supersede all prior agreements, except documents expressly incorporated by reference: DAB Privacy Policy, DAB Confidentiality Agreement (where applicable), and for MCCS property the DAB Federal Terms and Conditions of Use.

31. Severability; Reformation; Blue-Pencil; Waiver

If any provision is held unenforceable, it shall be modified to the minimum extent necessary to render it enforceable, or if modification is impossible, severed, with all remaining provisions continuing in full effect. The parties authorize any tribunal to "blue-pencil" any restriction, waiver, or release to the maximum permissible scope. DAB's failure to exercise any right is not a waiver unless expressly agreed in writing.

32. Integration

These Terms represent the complete and final agreement between you and DAB and cannot be modified except by express written consent of DAB. No oral representations not included herein are binding.

33. Notices

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 on your Account. Email notices deemed received on date sent. Mailed notices deemed received five (5) business days after USPS first-class mailing.

34. Force Majeure

DAB is not liable for delays or failures caused by events beyond its reasonable control, including weather, natural disasters, hurricanes, power outages, acts of God, war, terrorism, government orders, pandemics, labor disputes, infrastructure failure, cyber-attack, supply-chain disruption, or closure/restriction of any venue or installation by its operator or commander. DAB reserves the right to disable Lockers or suspend rentals during hazardous marine or weather conditions, red tide events, water quality emergencies, mandatory evacuation orders, or any state or local emergency declaration.

35. Third-Party Property Disclaimer

When operating at hotels, resorts, beaches, or third-party properties, DAB 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. Claims relating to the property, premises, or amenities of the venue operator shall be directed to the venue operator.

36. Compliance with Local Laws

Renters must comply with all local, state, and federal regulations governing recreation, beach use, boating, and environmental protection applicable to the Locker location. This includes without limitation: Escambia County beach ordinances (Pensacola Beach); Santa Rosa Island Authority regulations; all applicable county flag-system ordinances; USCG vessel safety requirements; state wildlife protection statutes; and beach access and staking restrictions. Failure to comply voids any waiver or indemnity protection otherwise extended by DAB.

37. Assumption of Inherent Risks of Beach and Water Recreation

37.1 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, Portuguese man-of-war, stingrays, sea lice, fire coral, lionfish, and other coastal marine species), tidal changes, sudden weather deterioration, fog, heat illness, sunburn, dehydration, hypothermia, cold-water immersion shock, sand-borne pathogens, waterborne pathogens (including post-storm fecal coliform and enterococcus), harmful algal blooms (including Karenia brevis red tide), collision with other users or watercraft, capsizing, falling from Equipment, entrapment of feet or body parts under rocks, debris, or Equipment leashes, equipment failure under foreseeable conditions, ankle and leg injuries from skimboard use, fin lacerations from surfboard fins, CO2 inflation failure from previously deployed PFD cartridges, shade structure failure or wind displacement, hammock failure from overloading or anchor failure, and the ordinary wear and failure of recreational Equipment under foreseeable conditions.

The activities to which this Section 37 applies include: paddling, paddleboarding, kayaking, swimming, snorkeling, bodyboarding, surfing, skimboarding, beach staging, transport of Equipment to and from the water, carrying and inflating Equipment, use of beach shade, beach sports and games, and all incidental on-Premises activity associated with your rental of Equipment.

37.2 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.

37.3 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. For activities at Florida Premises, the parties acknowledge that Florida applies modified comparative fault under F.S. § 768.81 (as amended by HB 837, 2023), whereby a claimant who is more than 51% at fault is barred from recovery, and a claimant who is 51% or less at fault has their recovery reduced proportionally. You agree that any claim arising from Equipment use is subject to the applicable negligence allocation doctrine of the state in which the Premises is located, including product-liability defenses under NCGS Chapter 99B (twelve-year statute of repose, NCGS § 1-46.1) for NC-Premises activities.

37.4 Pre-Existing Site Conditions

DAB does not own or control the Premises at which Lockers are sited. DAB disclaims all liability for pre-existing environmental, structural, or natural conditions of the Premises, 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.

37.5 No Medical Payments Coverage; Medical Liens

DAB's insurance does not cover your medical expenses. DAB carries commercial general liability insurance covering DAB's legal liability to third parties. That policy does not include medical payments coverage for patrons. If you are injured while using our Equipment — regardless of fault — your medical bills are your responsibility. You should carry your own health insurance before participating in any water or outdoor activity. DAB strongly encourages all renters to verify their personal health insurance covers recreational water activities before renting.

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.

37.6 No Rescue, Lifeguard, or Medical Services; Cost-Shifting for Rescue

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, 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, state park authorities, county beach safety, MCCS Fire/EMS, commercial marine towing or rescue providers, air-medical transport providers, or any 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.

37.7 Express Assumption of Risk

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 46.

38. Equipment-Specific Safety and Use Requirements

38.1 Inflatable Watercraft: Stand-Up Paddleboards (SUPs) and Kayaks

Minimum Age: 12 years old. Children under 12 may not use stand-up paddleboards or inflatable kayaks regardless of guardian supervision.

38.2 Surfboards

38.3 Bodyboards and Boogie Boards

Minimum Age: 8 years old. Children under 8 may not use bodyboards or boogie boards regardless of guardian supervision.

38.4 Skimboards

38.5 Full-Face Snorkel Masks and Traditional Snorkels

Minimum Age for Full-Face Masks: 10 years old. The CO2 accumulation risk described below is significantly elevated in children under 10 due to smaller lung volume and reduced ability to recognize early warning signs. Traditional snorkels and tubes do not carry this age restriction beyond guardian supervision requirements.

38.6 Dive Fins

38.7 SharkBanz Anti-Shark Bracelets

38.8 Beach Tents and Shade Structures

38.9 BOTE Inflatables (Floats, Aero Docks, Chairs, and Accessories)

38.10 Hammocks

38.11 Sports Equipment (Balls, Spike Ball, Volleyball, Basketball, Soccer, Football, Frisbee)

38.12 Bluetooth Speakers and Consumer Electronics

38.13 Inflatable Personal Flotation Devices (PFDs)

39. Per-Rental Waiver and E-Signature Compliance

39.1 E-Signature

Each rental transaction initiated through the App or Locker kiosk constitutes your electronic execution of this Agreement. Pursuant to the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and applicable state Uniform Electronic Transactions Acts, you consent to electronic records and electronic signatures with the same legal effect as handwritten signatures.

39.2 Per-Rental Affirmations

You shall confirm each of the following as a condition of unlocking Equipment:

39.3 Multi-User Responsibility Shift

Where you unlock or rent Equipment for use by Additional Users, you represent that you have, prior to use: (i) communicated all Inherent Risks under Section 37 to each Additional User; (ii) confirmed each Additional User's swim ability, sobriety, and physical capability; (iii) confirmed each Additional User is wearing a properly fitted USCG-approved PFD where applicable; 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.

40. Minors; COPPA; Parental Consent; ADA

40.1 COPPA. DAB does not knowingly collect personal information from children under 13. Equipment rented for Minor use shall be rented and supervised by a Guardian, who is the User of record and assumes all responsibility and Inherent Risk on the Minor's behalf.

40.2 Parental Consent and Allocation of Parental Claims. By initiating a rental involving a Minor, the renting adult represents they are the Minor's parent or legal guardian, or have written authorization. The Guardian: (a) accepts these Terms in the Guardian's own individual capacity; (b) waives, releases, and discharges the Guardian's own derivative claims (including claims for medical expenses, loss of services, and emotional distress arising from injury to the Minor) against DAB to the maximum extent permitted by law; (c) indemnifies DAB under Section 23 for any claim arising from the Minor's Equipment use; (d) acknowledges that the Minor's own personal injury claim, if any, may not be fully released under applicable law but shall be subject to dispute-resolution procedures in Sections 25 through 28 to the maximum extent permitted; (e) confirms the Guardian is physically present on the Premises and will directly supervise the Minor at all times.

40.2A Minimum Age Requirements. The following minimum ages apply regardless of guardian consent or supervision. Guardians may not waive these minimums:

40.3 No Child PFDs Provided. DAB does not provide child-sized PFDs. Parents and guardians must bring their own USCG-approved, properly fitted child PFDs for all Minors participating in water activities. Children must wear child-appropriate PFDs at all times on or near the water. This is both a federal USCG requirement and a condition of rental.

40.4 ADA Accommodations. DAB is committed to reasonable accommodation of users with disabilities under the ADA, 42 U.S.C. § 12101 et seq. Contact support@dailyadventurebox.com at least forty-eight (48) hours prior to intended rental. Accommodation is subject to physical constraints of Premises controlled by third-party venue operators.

41. Independent Contractor Field Technicians

41.1 Relationship. Field Technicians engaged through the Contractor Portal are independent contractors, not employees, agents, or joint venturers of DAB. This Section 41 governs that relationship.

41.2 Economic Realities. Consistent with the IRS 20-factor test and DOL economic-realities test: (a) Technician controls manner and means of work; (b) Technician supplies own vehicle, fuel, insurance, and tools; (c) Technician bears opportunity for profit and risk of loss; (d) Technician is free to work for third parties; (e) engagement is project-based and terminable at will; (f) no training beyond minimum safety/brand orientation is provided.

41.3–41.9 [Zone liability, insurance minimums, indemnification, waiver, and confidentiality provisions mirror prior version — see DAB-GT-2026-03 §37.3–37.9 for reference; these provisions remain unchanged.]

41A. DAB Equipment Inspection and Maintenance Standards

41A.1 DAB's Inspection Obligations

DAB maintains a documented equipment inspection and maintenance program. Under this program: (a) each piece of Equipment is inspected by a DAB contractor or employee on a scheduled basis not less than once every seven days during active deployment; (b) any Equipment identified as damaged, missing components, functionally compromised, or past its service life is removed from rental availability pending repair or retirement; (c) DAB maintains timestamped inspection logs for each Equipment item identifying condition, any defects found, corrective action taken, and return-to-service authorization. These records are maintained for a minimum of three years.

41A.2 Renter's Pre-Rental Inspection Obligation

Upon opening the Locker and before leaving the area or entering the water, you are required to inspect your Equipment as described in Section 6.4 and Section 38. If you observe any damage, missing components, or unsatisfactory condition, you must report it through the App before use. Using Equipment without reporting a pre-existing condition you observed or should have observed constitutes acceptance of the Equipment in that condition and waives any claim against DAB arising from that pre-existing condition. DAB's duty of care does not extend to defects that were visible and observable by a reasonable person upon inspection and that were not reported before use.

41A.3 Post-Rental Photo Documentation (Strongly Encouraged)

DAB strongly encourages renters to photograph Equipment at the time of pickup and at the time of return using the App's built-in photo submission feature. Server-side timestamped photos are the most effective evidence a renter can submit to rebut a damage presumption under Section 11.4. Photos taken outside the App, stored only on your personal device, are significantly less reliable as evidence because device timestamps are not independently verified. DAB is not liable for any damage charge that could have been defended by in-App photos that you chose not to take.

41A.4 Equipment Retirement and Service Life

DAB retires Equipment based on condition, service history, manufacturer guidance, and observed wear patterns. Retirement criteria include: (a) inflatable seam delamination exceeding 10% of total seam length; (b) valve seal failure confirmed by pressure test; (c) PFD CO2 cartridge systems with documented deployment history and incomplete rearming; (d) hard board structural cracks reaching the foam core; (e) fin box cracks or separations that compromise fin retention; (f) any condition that a reasonable inspector would identify as creating an unreasonable risk of injury. DAB's inspection logs documenting retirement decisions are maintained and may be produced in any legal proceeding involving retired Equipment.

42. Equipment Swap, Retirement, and Locker Termination Rights

42.1 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.

42.2 DAB may, in its sole discretion, terminate operations at any Locker or venue for any reason, including lease or permit termination, equipment damage, unprofitability, force majeure, policy change by any venue operator, or change in applicable law. Termination is not a breach and does not trigger refund obligations beyond any unclaimed, pre-paid, and unearned rental credit.

43. North Carolina Consumer Protection Reps and Warranty Disclaimers

43.1 DAB makes no representation, warranty, or promise beyond those expressly set forth herein. DAB disclaims all implied warranties to the fullest extent permitted under NC UCC Article 2, NCGS § 25-2-316.

43.2 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 such claim is subject to Sections 25 through 29.

44. Florida-Specific Provisions

44.1 Applicability

This Section 44 applies to all rentals at DAB Lockers within the State of Florida. In any conflict between Section 44 and the remaining provisions, Section 44 controls for Florida-Premises activities.

44.2 Florida Comparative Fault (HB 837, 2023)

Florida applies modified comparative fault under F.S. § 768.81 (as amended by HB 837, 2023): a claimant found more than 51% at fault may not recover damages; a claimant found 51% or less at fault has recovery reduced proportionally. You acknowledge this standard applies to Florida-Premises activities in lieu of North Carolina's contributory negligence standard.

44.3 Florida Vessel Safety Law and FWC Livery Permit

Under Florida law (F.S. § 327), inflatable SUPs and kayaks used outside designated swimming areas are classified as "vessels." DAB operates as a state-licensed livery under F.S. § 327.54 and holds a valid Florida FWC Livery Operator Permit. As a livery customer at a Florida Premises:

44.4 Escambia County Beach Flag Warning System — Pensacola Beach and Gulf-Coast Locations

At DAB Lockers at Pensacola Beach and other Escambia County locations, the following beach flag system governs, administered by Escambia County Beach Safety:

FlagMeaningRequired Action
GREENLow hazard — calm conditionsProceed with awareness of all other hazards.
YELLOWMedium hazard — moderate surf and/or currentsUse caution. Heightened situational awareness required. Inexperienced users should remain on shore.
RED (single)High hazard — dangerous surf and/or currentsWater entry strongly discouraged. Only experienced open-water users with advanced skills should enter. DAB recommends against renting waterborne Equipment under single-red conditions.
DOUBLE REDWATER CLOSED TO THE PUBLIC — MANDATORY CLOSUREEntering the water under double-red flag conditions is a VIOLATION OF ESCAMBIA COUNTY CODE CHAPTER 18 and may result in citation, fine, and arrest by Escambia County Beach Safety Officers. DAB will disable Locker rental of all waterborne Equipment during active double-red conditions. If a double-red flag is raised after you have rented and are in the water: EXIT IMMEDIATELY.
PURPLEDangerous marine life present (jellyfish, Portuguese man-of-war, sharks, stingrays, or other hazardous species)Confirm with on-duty lifeguard before water entry. May fly simultaneously with any other flag color.

You are required to check current flag status at the beach before any water entry. Flag status changes throughout the day. The flag status at your time of entry governs. You may not rely on flag status from earlier in the day.

44.5 Gulf Coast Marine Life Hazards

Gulf of Mexico coastal waters, including those adjacent to Pensacola Beach, contain marine life that poses injury risk:

44.6 Florida Red Tide (Karenia brevis Harmful Algal Bloom)

Red tide periodically affects Gulf of Mexico coastal waters and can cause: respiratory irritation and difficulty breathing (particularly dangerous for those with asthma or COPD); skin and eye irritation during direct water contact; and fish kills (dead fish on beach indicate possible red tide). DAB may disable waterborne Equipment rentals during active red tide events. If you observe dead fish, respiratory irritation, or reddish-brown water discoloration, exit the water and consult the Escambia County Health Department or Florida Fish and Wildlife Conservation Commission (FWC) red tide hotline before re-entering.

44.7 Post-Storm Water Quality Advisories

Heavy rainfall in the Pensacola Beach area can cause elevated fecal coliform bacteria, enterococcus, and other pathogens in Gulf coastal waters due to stormwater runoff. Escambia County Health Department issues beach water quality advisories after significant rainfall. You are required to check for active water quality advisories before water entry. DAB is not responsible for illnesses caused by water quality conditions.

44.8 Gulf Squalls and Rapid Weather Deterioration

The Gulf Coast is subject to rapid severe weather, including afternoon thunderstorms and squalls that can develop in fifteen (15) minutes or less. Lightning Safety Rule: If you can hear thunder, you are within lightning-strike range. Exit the water immediately and seek inland shelter. Do not rely on offshore horizon conditions to predict weather — storms develop rapidly from land to sea on the Gulf Coast.

44.9 Santa Rosa Island Authority (SRIA)

DAB Lockers at Pensacola Beach are on Santa Rosa Island, managed by the Santa Rosa Island Authority (SRIA) under Escambia County authority. Commercial operations are subject to SRIA regulations and Escambia County Code. You acknowledge that DAB operates under SRIA authority and that SRIA regulations may impose additional restrictions on your use of Equipment or beach access.

44.10 Florida Wrongful Death Acknowledgment

You acknowledge that under the Florida Wrongful Death Act, F.S. §§ 768.16–768.26, a broader class of survivors may have independent claims for damages in the event of death than under North Carolina law. These Terms are intended to limit DAB's liability to the maximum extent permitted by the applicable wrongful death statute.

45. Environmental Compliance and Protected Species

45.1 Seagrass Protection

Seagrass meadows in Florida and other coastal state waters are protected marine habitats. Anchoring, dragging, or grounding any Equipment on seagrass is prohibited and may result in criminal penalties under Florida Statute § 370.12 and federal law. Do not anchor or ground Equipment in shallow water areas where seagrass may be present.

45.2 Sea Turtle and Nest Protection

Sea turtles and their nests are protected under the federal Endangered Species Act (16 U.S.C. § 1531 et seq.) and Florida Statute § 379.2431. You must not touch, approach within 50 feet of, or disturb any sea turtle; use beach lights that may disorient nesting females or hatchlings during nesting season (generally May–October); or disturb or remove any sea turtle nest or nest marker. Report distressed sea turtles to the FWC Wildlife Alert Hotline: 888-404-3922.

45.3 Marine Mammal Protection; Manatee Speed Zones

Dolphins, manatees, and other marine mammals are protected under the federal Marine Mammal Protection Act (16 U.S.C. § 1361 et seq.) and Florida Statute § 379.2431. Do not approach, feed, swim with, or disturb any marine mammal. Operating Equipment within 50 yards of a manatee may be illegal in designated manatee protection zones.

Manatee Speed Zones (Florida): Florida waters are divided into zones with posted speed restrictions designed to protect manatees. These zones — identified by posted regulatory markers (white signs with orange markings) — require vessels to operate at idle speed, slow speed/minimum wake, or 25 mph maximum depending on the zone. These restrictions apply to all vessels, including paddlecraft (SUPs, kayaks, and inflatable watercraft). You must identify any posted manatee zone markers on or near your route before launching and comply with all posted speed restrictions at all times. Violation of posted manatee zone speed restrictions is a criminal offense under F.S. § 379.2431, carrying fines of up to $500 for a first offense. DAB assumes no liability for any citation, fine, or prosecution arising from your failure to comply with posted manatee zone restrictions.

45.4 Litter and Waste

You are responsible for removing all trash and waste generated in connection with your rental from all beach and coastal areas. Leaving Equipment on the beach does not constitute return of Equipment under Section 10 and constitutes abandonment, which may result in additional charges.

45.5 No Discharge in Coastal Waters

Do not discharge any fluids, chemicals, cleaning agents, or other substances into coastal waters, wetlands, or storm drains. Violations may constitute a federal Clean Water Act violation and a state environmental violation.

46. Gross Negligence Carve-Out, Statutory Floor, and Survival

46.1 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.

46.2 Authority Anchor. 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 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). Under Florida law, ordinary-negligence releases are generally enforceable in commercial recreational contexts; gross negligence and willful misconduct cannot be released. These Terms are drafted consistent with both standards.

46.3 Severability and Survival. If any waiver, release, indemnification, or liability limitation is found unenforceable as applied to a specific claim of gross negligence, willful misconduct, or other carve-out, the unenforceability is limited to that claim and that provision only. All remaining provisions continue in full force and effect, blue-penciled to the maximum permissible scope under Section 31.

47. Electronic Signatures and Records

The parties consent to electronic signatures and records pursuant to the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and applicable state Uniform Electronic Transactions Acts. Electronic assent via click-through, tap-to-accept, or digital-signature platform constitutes a signed writing for all purposes. DAB records and retains timestamps and content of each per-rental confirmation as evidence of acceptance of these Terms and assumption of risk.

Acknowledgment

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 tapping "I Agree" in the App, I acknowledge that I have read, understood, and agree to all terms above.

By signing, you represent to DAB that:

Voluntary Waiver and Release of Liability

Please read 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) contact between the Equipment and any person or property; (c) claims of negligence; (d) claims of intentional or wrongful conduct (subject to Section 46 carve-out for gross negligence and willful misconduct); (e) equipment defects discoverable upon reasonable pre-rental inspection; (f) PFD fit issues; (g) previously deployed CO2 cartridges that were not disclosed by a prior renter; (h) equipment failure during use; (i) failure to follow posted beach flag advisories or mandatory closures; (j) marine life encounters; (k) weather conditions; (l) injury to third parties caused by Equipment in your possession.

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, 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 OR GULF DURING ANY TIME IN WHICH THE APPLICABLE STATE/LOCAL AUTHORITIES, ON-DUTY LIFEGUARDS, COUNTY BEACH SAFETY OFFICERS, OR APPLICABLE AUTHORITY HAS ADVISED AGAINST SWIMMING, ISSUED A "NO SWIM" WARNING, OR ISSUED A MANDATORY BEACH CLOSURE INCLUDING A DOUBLE-RED FLAG, DUE TO HIGH TIDE, DANGEROUS SURF, CURRENTS, MARINE LIFE, WEATHER, OR ANY OTHER HAZARDOUS CONDITION.

ACKNOWLEDGMENT OF UNDERSTANDING. You acknowledge that you have read this Waiver, fully understand the terms herein, and sign it voluntarily as your own free act; that no oral representations 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.

Primary User:

X: _________________________________________   Date: __________________

Additional Users (18+):

Name: ______________________________________   X: _________________________   Date: __________

Name: ______________________________________   X: _________________________   Date: __________

Additional Users (Under 18) — Guardian Signs:

Minor Name: _________________________________________ Parent/Guardian X: _________________________ Date: __________

Minor Name: _________________________________________ Parent/Guardian X: _________________________ Date: __________

Cleaning Product Disclosure (Snorkels and Reusable Equipment)

Wash full-face snorkel mask before and after every use. Current cleaning product: 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 ingredient information refer to the manufacturer's website. DAB disclaims any liability related to use of such products.