General Terms and Conditions of Use
Daily Adventure Box, Inc. — All Locations, All Product Categories
These Terms and Conditions govern rentals, purchases, and storage services 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").
DAB also offers, at select Lockers and locations, additional product categories governed by the sections indicated: single-purchase retail merchandise ("Retail Goods," Section 42), high-value electronics such as gaming consoles and AR/VR headsets ("Electronics," Section 43), and storage-only locker service ("Storage Items," Section 44). Not every category is available at every Locker or location; availability is shown in the App at the time of transaction.
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 your rental, purchase, and/or storage transactions in connection with the Equipment, Retail Goods, Electronics, and Storage Items ("you" means you personally, and if applicable, any other person for whom you rent, purchase, or store on your behalf, 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.
3.1 Box-Size-Based Hourly Pricing. 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 with no daily cap.
3.2 Per-Second Billing; Running Timer. Rental Fees under this Section 3 are calculated by prorating the applicable hourly rate on a per-second basis for the actual duration of your Rental Period, rather than in whole-hour increments (for example, at a $10/hour rate, ten (10) minutes of use is billed at $1.67). The App displays a running elapsed-time timer from the moment your Rental Period begins so that you can monitor accruing Rental Fees in real time. Your Rental Period begins when the Locker unlocks and continues, and Rental Fees continue to accrue, until you complete the Return Flow described in Section 10.1 — regardless of whether you have physically returned the Equipment to the Locker.
Pricing for Electronics is governed by Section 43.2 (Replacement-Value Model), not this Section 3. Pricing for Retail Goods is the posted purchase price shown in the App at time of purchase. Pricing for Storage Items is governed by Section 44.6.
Taxes and fees are automatically calculated at checkout. All charges are based on the hourly rate applicable to your rented item(s), prorated per Section 3.2, and the duration of your Rental Period as determined under Section 10.1. Late, damaged, or lost Equipment will incur additional charges as described in Sections 10 and 11. Sales tax on Retail Goods purchases is calculated and collected at time of purchase per Section 42.6.
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.
10.1 Return Flow Required to End Billing. Your Rental Period, and the Rental Fees accruing under Section 3.2, do not end when you physically place, leave, or store the Equipment at or near a Locker. Your Rental Period ends, and Rental Fees stop accruing, only when you complete each of the following steps in the App (collectively, the "Return Flow"): (a) inspect the Equipment for any damage or issues; (b) place the Equipment into the Locker; (c) close the Locker door and confirm it is locked; (d) take a photo of the Equipment inside the Locker with the door closed; and (e) end the rental in the App. Physically leaving, storing, or abandoning Equipment at or near a Locker without completing every step of the Return Flow does not end your Rental Period and does not stop Rental Fees from accruing.
10.2 Fees for an Incomplete Return Flow. If you do not complete the Return Flow, Rental Fees will continue to accrue under Section 3.2 for as long as your Rental Period remains open in DAB's systems — whether or not you have stopped using the Equipment or have physically returned it — until the earliest of (a) your completion of the Return Flow, (b) DAB's own confirmation (through Locker sensors, a Field Technician's physical inspection, or other means) that the Equipment has been returned, or (c) DAB's closure of the Rental Period in its reasonable discretion. This is a fee for use of and access to the Equipment while your Rental Period remains open, not a penalty. DAB reserves the right to charge additional administrative or recovery fees if the Equipment is not returned, and the Return Flow is not completed, within 24 hours.
10.3 Good-Faith Correction. If you believe you completed the Return Flow, or physically returned the Equipment, and were charged Rental Fees in error because of an App or Locker malfunction, contact DAB at the address in Section 30 as soon as reasonably possible. DAB will review the relevant Locker, timer, and Account records and, where DAB reasonably determines an error occurred, will adjust or refund the affected charges. This Section 10.3 describes a customer-service process and does not create any independent contractual right to a refund beyond DAB's other obligations under these Terms.
10.4 Electronics. For Electronics, late return and incomplete-Return-Flow charges are additionally governed by Section 43.2.
11.1 Item-Specific Maximum Charge. Rather than a single amount tied to Locker box size, each item of Equipment (including any bundle of items rented together as a single unit) has its own Maximum Charge Amount, shown to you in the App before you complete your rental. DAB sets each item's Maximum Charge Amount to reflect DAB's good-faith estimate of (a) the cost to replace or repair that specific item, (b) the cost to restock the Locker with a replacement, and (c) any Field Technician or contractor payment reasonably incurred to do so, each determined on a case-by-case basis according to the specific item and Locker involved. Higher-value items and bundles will show a correspondingly higher Maximum Charge Amount in the App.
11.2 Charge Determination. If any Equipment is lost, stolen, or damaged beyond repair during your Rental Period, DAB will determine, in its sole discretion, the appropriate charge using the cost components described in Section 11.1. This charge will not exceed the Maximum Charge Amount shown to you in the App for that item at the time of your rental. Determinations of fault and applicable charges will be made solely by DAB; no external app or developer input is used in this process. This Section 11 applies to Equipment only; damaged or lost Electronics are governed exclusively by Section 43.2, which uses the same item-specific replacement-value approach.
11.3 Pre-Authorization Hold. At the time of rental, DAB may place a temporary authorization hold on your payment method for the Maximum Charge Amount applicable to your rented item(s). The hold is released, and any final charge is limited to the amount described in Section 11.2, upon your completion of the Return Flow under Section 10.1 and DAB's confirmation that the Equipment was returned undamaged.
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, purchase price of Retail Goods, Storage Fees, and Sale Taxes due under these Terms, and, if applicable, any Late Rental Fee, Lost Equipment Fee, or Electronics replacement charge 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 Electronics, and such title and ownership will remain with DAB at all times. Subject to your compliance with these Terms and payment of the applicable fees, DAB grants to you a limited, irrevocable, non-transferable, temporary license to use the Equipment or Electronics for the purposes set forth in these Terms during the Rental Period. Title to Retail Goods passes to you upon completed purchase, as set forth in Section 42.2. DAB does not take title to Storage Items; see Section 44 for the bailment framework governing Storage Items and personal items stored incidentally during an Equipment or Electronics rental.
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 and Electronics are 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 or Electronics are fit for your intended use, application, or environment, or that they are free from defects (latent or patent). No warranties shall be deemed to exist with respect to the Equipment or Electronics. Your sole and exclusive remedy for any failure of or defect in or with respect to any Equipment or Electronics is the return of the Rental Fees associated with the defective item at the time of failure. Retail Goods are governed by the separate AS-IS sale disclaimer in Section 42.3. 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, EQUIPMENT, ELECTRONICS, RETAIL GOODS, OR STORAGE ITEMS, 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. This Section 18 does not override the specific Storage Items liability cap in Section 44.3, which controls for claims arising solely from stored personal property.
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 Outdoor and Water Recreation).
You assume all risks associated with the rental, purchase, possession, use, transportation, and storage of the Equipment, Electronics, Retail Goods, and Storage Items on your own behalf and on behalf of anyone else who uses them during the Rental Period or has access to your Account. 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 or Electronics. 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), 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, the Equipment, Electronics, Retail Goods, or Storage Items 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, Equipment, Electronics, Retail Goods, or Storage Items — 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). Any category-specific or state-specific terms (including any State Rider) presented to you in the App at the time of a specific transaction (see Section 46) are incorporated by reference for that transaction.
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, purchases, or storage services during hazardous marine or weather conditions or state emergencies.
32.1 Third-Party Property Disclaimer. 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, Electronics, Retail Goods, or Storage Items themselves.
32.2 Equipment Left in Shared or Public Areas. You agree to stage, use, and return Equipment, Electronics, and Storage Items only at the Locker or in locations designated by DAB, and not to leave any Equipment, Electronics, or Storage Item unattended in a walkway, path, doorway, parking area, or other area where it could obstruct or create a hazard for other persons, including persons who are not DAB customers. You are responsible for, and indemnify DAB under Section 20 for, any injury to a third party caused by your own placement of Equipment, Electronics, or Storage Items outside a location designated by DAB. DAB separately maintains its own commercially reasonable practices regarding the placement, condition, and inspection of Equipment awaiting pickup or return at each Locker.
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, Electronics, Retail Goods, or Storage Items provided by Daily Adventure Box Inc.
34.1 Definitions. "Inherent Risks" means those dangers or conditions that are an integral part of beach, coastal, lake, river, inland-waterway, 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 and freshwater wildlife (including sharks, jellyfish, stingrays, stinging coral, biting fish, snakes, and snapping turtles), tidal change, river current and flow rate, dam or spillway discharge, wake and collision from motorized boat traffic, water-level fluctuation, submerged stumps or vegetation, blue-green algae and other freshwater pathogens, unstable or slippery put-in/take-out banks, sudden weather, fog, heat illness, sunburn, dehydration, hypothermia, cold-water immersion shock, sand- or sediment-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, canoeing, tubing, swimming, snorkeling, body-boarding, surfing, beach or shoreline 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, whether the Locker is sited on a coastal beach, a lake, a river, or any other inland waterway. This Section 34 applies the coastal-specific Inherent Risks listed above where the Locker is sited on a coastal beach, the inland-water-specific Inherent Risks listed above where the Locker is sited on a lake, river, or other inland waterway, and both categories where reasonably applicable to the specific location.
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, to the extent this Section 34.3's North Carolina framework governs your claim. For a Florida Transaction, this Section 34.3's North Carolina contributory-negligence framework does not apply; Florida instead applies pure comparative negligence, and Section 47.1 (Florida choice of law and venue) and Section 47.7 (Florida product liability note) control. For a transaction at a Locker in any other state, this Section 34.3's North Carolina framework applies only as the parties' contractual default under Section 21, and only to the extent a court of competent jurisdiction determines North Carolina law properly governs the specific negligence-allocation issue presented; North Carolina's contributory-negligence rule is a minority approach shared by only a small number of U.S. jurisdictions, and where the state in which the Locker is sited has adopted comparative negligence (as most states have) or another fault-allocation rule, that state's own rule controls for a claim arising from a transaction at a Locker in that state, notwithstanding this Section 34.3, and a State Rider under Section 46.2 may separately confirm the specific rule that applies in that state.
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, and that no payment, refund, or credit owed to you by DAB is, or is intended to be, a settlement, judgment, or other recovery of the kind to which a healthcare provider's lien typically attaches. Where North Carolina law governs (see Section 21), NCGS § 44-49 and NCGS § 44-50 apply to any medical lien or subrogation claim asserted against such a payment, refund, or credit; where another state's law governs a specific transaction under Section 46.2, that state's own medical-lien or healthcare-lien statute applies instead. You agree not to assign, and not to permit any hospital, physician, or healthcare provider to assert, a lien or subrogation claim against any payment, refund, or credit owed to you by DAB, and you shall hold DAB harmless from any such lien or claim asserted against DAB. This Section 34.5 governs the relationship between you and DAB only; it does not, and cannot, bind any hospital, physician, or healthcare provider who is not a party to these Terms.
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. This Section 34.6 applies equally to the equivalent state or local responders (fire/EMS, sheriff or police, state parks, or other public safety agency) in any other state in which a Locker is located.
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 a Technician domiciled or working in California) the ABC test codified at Cal. Lab. Code § 2775 et seq., and (to the extent applicable to a Technician domiciled or working in any other state that has adopted an ABC test or comparable heightened independent-contractor standard, including without limitation New Jersey, Massachusetts, Illinois, and New York) that state's own controlling independent-contractor classification test, 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. As DAB engages Technicians in additional states, DAB will evaluate, and where necessary adapt the terms of engagement to conform to, that state's own independent-contractor classification standard before engaging a Technician there.
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, Electronics, Retail Goods inventory, or Storage Item capacity at any Locker with comparable or alternative offerings reasonably suited to the same 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. Where a Storage-Only Locker is terminated, Section 44.5 (Abandonment and Lien Rights) governs the disposition of any Storage Items remaining at the time of termination, subject to reasonable advance notice to the customer where contact information is on file.
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.
42.1 Definitions. "Retail Goods" means single-purchase merchandise offered for sale (not rental) directly out of a Locker via the App, as indicated in the App at time of transaction. Retail Goods are distinct from Equipment and Electronics: DAB does not retain title to Retail Goods after a completed purchase.
42.2 Sale, Not Rental; Passage of Title. Your purchase of Retail Goods is a sale of goods, not a rental or license. Title and risk of loss in the Retail Goods pass to you upon dispensing of the item from the Locker following a completed and authorized payment. Sections 3, 9 through 14, 19, and 34 through 38 of these Terms (which govern rental mechanics, Rental Fees, cancellations, assumption of risk for Equipment use, and Equipment/Locker termination rights) do not apply to Retail Goods except where a specific cross-reference in this Section 42 says otherwise.
42.3 AS-IS Sale; Warranty Disclaimer. ALL RETAIL GOODS ARE SOLD AS-IS, WHERE-IS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED UNDER NORTH CAROLINA UCC ARTICLE 2, NCGS § 25-2-316, DAB EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO AFFIRMATION OF FACT, SAMPLE, OR MODEL SHALL CREATE AN EXPRESS WARRANTY EXCEPT AS EXPLICITLY SET FORTH IN THESE TERMS OR ON THE ITEM'S OWN MANUFACTURER PACKAGING.
42.4 All Sales Final for Buyer's Remorse; Defective-Item Exception. All Retail Goods purchases are final with respect to buyer's remorse, change of mind, or dissatisfaction with the item, given the unstaffed, self-service nature of the Locker kiosk model and DAB's resulting inability to verify the condition or handling of an item after it leaves DAB's custody. This Section 42.4 does not, and is not intended to, disclaim or override any non-waivable implied warranty or consumer-protection right applicable in your state of residence. Where an item is defective on arrival (i.e., materially non-functional at first use, unrelated to any act of yours after dispensing), contact support@dailyadventurebox.com within 48 hours; DAB will facilitate a manufacturer warranty claim or, at DAB's discretion, a replacement or refund.
42.5 Manufacturer Warranties; Recalls. Any manufacturer's warranty applicable to a Retail Good runs from the manufacturer to you directly; DAB is not a party to and assumes no obligation under any such manufacturer warranty. DAB independently monitors for manufacturer recalls and safety notices applicable to Retail Goods it has sold, consistent with DAB's own reporting obligations to the U.S. Consumer Product Safety Commission as a retailer/distributor under 15 U.S.C. § 2064(b). Where DAB learns of a recall or safety notice, DAB will: (a) immediately stop selling the affected item; (b) use the contact information on your Account to notify you directly of the recall; and (c) cooperate with the manufacturer's and CPSC's remedy process (repair, replacement, or refund, as directed). DAB does not independently test, certify, or warrant the safety of manufactured goods beyond this recall-response obligation.
42.6 Sales Tax. Applicable sales tax on Retail Goods is calculated and collected at the point of purchase per Section 4.
43.1 Definitions. "Electronics" means gaming consoles, augmented- or virtual-reality headsets (including Apple Vision Pro and similar devices), and other high-value consumer electronic devices offered for rental via a Locker, as indicated in the App at time of transaction. Electronics remain Equipment for purposes of Sections 13 (Possession; Title), 17 (Warranty Waiver), and 19–20 (Assumption of Risk; Indemnification), except as modified below.
43.2 Replacement-Value Damage and Loss Model. Section 11 does not apply to Electronics. Instead: if any Electronics item is lost, stolen, or damaged beyond repair during your Rental Period, you will be charged DAB's cost to replace that specific item with a new or like-kind equivalent unit, as shown in the App at the time of rental (the "Replacement Value"). DAB may place a temporary pre-authorization hold on your payment method for the full Replacement Value at the time you rent an Electronics item. If the item is returned in the condition rented (Ordinary Wear and Tear excepted), the hold is released. Late return of Electronics, and any incomplete Return Flow under Section 10.1, accrues hourly Late Rental Fees per Section 10.2 in addition to, and not in lieu of, any Replacement Value charge if the item is not ultimately recovered.
43.3 Data, Accounts, and Personal Information Left on Devices. You are solely responsible for signing out of, de-registering, and removing any personal accounts, save data, payment information, downloaded content, and other personal information from any Electronics item before returning it. DAB is not liable for your failure to do so, and you release DAB from any claim arising from any other renter's access to information you failed to remove. DAB may factory-reset, wipe, or restore any returned Electronics item to a default state at any time, without notice, and is not responsible for any data, save progress, purchases, or account access lost as a result.
43.4 Health and Safety Warnings (AR/VR Devices). The following warnings are drawn from the applicable device manufacturer's own published safety guidance (for Apple Vision Pro, Apple's "Important safety information for Apple Vision Pro" support documentation) and supplement, but do not replace, that manufacturer's own current guidance, which you are solely responsible for reading in full within the device's setup flow before use:
You assume all risk of discomfort, injury, or aggravation of a pre-existing condition arising from your use of an AR/VR device, and agree that DAB's role is limited to renting you the device — DAB did not design, manufacture, or program the device or its content and makes no representation regarding its safety beyond passing along the manufacturer's own published warnings above.
43.5 Hygiene and Sanitization. Face- and head-contact surfaces on AR/VR headsets and controllers may be shared between renters. DAB uses commercially reasonable sanitization procedures between rentals but makes no warranty regarding the elimination of all pathogens. If you have an active skin condition, eye infection, or contagious illness, do not use shared face-contact Electronics.
43.6 Manufacturer Terms Layered On Top. Your use of any Electronics item remains subject to the applicable manufacturer's own end-user license agreement, terms of service, and account terms (e.g., Apple, Sony, Microsoft, Nintendo, or Meta). DAB is a rental intermediary only and is not a party to, and assumes no responsibility for, those manufacturer terms.
44.1 Definitions. "Storage Items" means your own personal property placed in a Locker for storage, whether (a) under a Storage-Only Locker transaction, where no Equipment or Electronics is rented and the Locker is used solely to store your belongings (e.g., luggage) for a fee, or (b) as Incidental Bailment, meaning personal items (such as a phone, wallet, keys, or clothing) you place in a Locker while separately renting Equipment or Electronics.
44.2 Nature of Bailment; Standard of Care. With respect to Storage Items, DAB acts as a bailee for a fee (or, for Incidental Bailment, a gratuitous or incidental bailee) and not as an insurer. DAB will exercise ordinary and reasonable care with respect to Storage Items but does not guarantee against loss, theft, or damage caused by third parties, mechanical or electronic failure of the Locker, or events described in Section 31 (Force Majeure).
44.3 Declared Value; Liability Cap. Unless you declare a higher value under this Section 44.3 and pay the applicable additional fee shown in the App, you agree that the value of any Storage Item is deemed not to exceed, and DAB'S TOTAL LIABILITY FOR LOSS, THEFT, OR DAMAGE TO ANY STORAGE ITEM IS CAPPED AT, ONE THOUSAND DOLLARS ($1,000) PER STORAGE TRANSACTION, EXCEPT TO THE EXTENT CAUSED BY DAB'S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (SEE SECTION 40). Before beginning a Storage-Only Locker transaction, the App will give you the option to declare a higher value (up to a posted maximum) for an additional fee; if you decline or do not respond, the $1,000 default cap applies. YOU SHOULD NOT STORE CASH, FIREARMS, OR ANY ITEM OF VALUE EXCEEDING YOUR DECLARED VALUE IN A LOCKER, AND DAB STRONGLY RECOMMENDS YOU MAINTAIN YOUR OWN PROPERTY OR RENTERS/HOMEOWNERS INSURANCE COVERING PERSONAL BELONGINGS AWAY FROM HOME. Notwithstanding the per-transaction cap above, DAB's aggregate liability for all Storage Items lost, stolen, or damaged in a single occurrence affecting more than one Storage transaction (for example, a single fire, theft, or Locker malfunction) shall not exceed the limit of DAB's then-current insurance coverage for loss of or damage to customers' stored property, currently ten thousand dollars ($10,000) per occurrence; if that aggregate amount is insufficient to pay each affected customer's individual cap under this Section 44.3 in full, DAB will prorate the aggregate amount among affected customers based on each customer's respective declared or default value.
44.4 Prohibited Items. You may not place the following in any Locker for storage: hazardous, flammable, or explosive materials; perishable food; illegal substances or contraband; firearms, ammunition, or weapons; live animals; and any item whose possession or storage would violate applicable law or, on MCCS-controlled property, installation policy. DAB may inspect (where technically and legally able), refuse, or remove any item reasonably believed to violate this Section 44.4, without liability to you.
44.5 Abandonment and Lien Rights. If Storage Fees remain unpaid for more than thirty (30) days after the due date, or if Storage Items remain in a Locker more than seventy-two (72) hours after the end of a Storage-Only Locker transaction without payment of an extension fee, DAB will attempt to notify you using the contact information on your Account. If you do not respond or resolve the matter within fourteen (14) days of that notice, you agree that DAB may treat the Storage Items as abandoned and may remove, donate, dispose of, or sell them to satisfy unpaid Storage Fees, applying any sale proceeds first to fees owed and any surplus to you upon request.
44.6 Duration and Fees. Storage-Only Locker fees are billed hourly (or as otherwise shown in the App) at the rate displayed at time of transaction, based on locker box size. There is no guaranteed maximum storage duration; extended storage remains subject to Section 44.5.
These Terms use four defined product categories, each governed primarily by the sections indicated, with Sections 1–41 (general rental mechanics, safety, dispute resolution, and cross-cutting provisions) applying to all categories except where a category-specific section expressly provides otherwise: Equipment (outdoor recreational gear — Sections 1–41, 34 in particular); Electronics (high-value consumer electronics — Section 43, layered on top of the applicable general provisions); Retail Goods (single-purchase merchandise — Section 42, which displaces the rental framework); and Storage Items (your own stored personal property — Section 44, a bailment framework distinct from rental or sale). Where a conflict exists between a general provision in Sections 1–41 and a category-specific provision in Sections 42–44, the category-specific provision controls for that category.
46.1 Future Categories. DAB may from time to time introduce additional categories of rentable or purchasable items or services beyond those described in these Terms. Use of any such new category is governed by these Terms as a whole, as supplemented by any additional category-specific terms presented to you in the App at the time of the applicable transaction. Where DAB presents such additional category-specific terms, they are incorporated into these Terms by reference for that transaction, and, in the event of a direct conflict, the additional category-specific terms control solely with respect to that category.
46.2 Future States; State Riders. DAB may from time to time begin operating Lockers in additional U.S. states beyond North Carolina and Florida. Where DAB operates in a state that has state-specific legal requirements bearing on these Terms (including, without limitation, minors' waiver law, negligence-waiver enforceability, comparative- or contributory-negligence rules, consumer-protection statutes, or recreational or vessel-livery statutes), DAB will present supplemental state-specific terms (each, a "State Rider") in the App for any transaction at a Locker physically located in that state. Each State Rider is incorporated into these Terms by reference for any transaction at a Locker in the state it covers, and, in the event of a direct conflict between these Terms and a State Rider, the State Rider controls solely with respect to transactions in that state. Section 47 (Florida-Specific Terms) is DAB's first State Rider, presented inline in these Terms rather than as a separate document; future State Riders may instead be maintained as standalone documents referenced and linked in the App at the time of a transaction in the applicable state, consistent with how the DAB Federal Terms and Conditions of Use are layered on top of these Terms for MCCS-controlled property.
This Section 47 is DAB's State Rider for Florida under Section 46.2 and applies to any rental, purchase, or storage transaction where the Equipment, Electronics, Retail Goods, or Storage Item is used, picked up, or returned at a Locker physically located in the State of Florida (a "Florida Transaction"). Where this Section 47 conflicts with any other provision of these Terms, this Section 47 controls for Florida Transactions only.
47.1 Florida Choice of Law and Venue. For a Florida Transaction, these Terms (solely as to that transaction) are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, and the exclusive venue for any action not subject to arbitration under Section 22 is the state or federal courts located in Escambia County, Florida.
47.2 Florida Deceptive and Unfair Trade Practices Act. For a Florida Transaction, references elsewhere in these Terms to the North Carolina Unfair and Deceptive Trade Practices Act (Section 39) are replaced by the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201–501.213 ("FDUTPA"). Unlike North Carolina's statute, FDUTPA's private remedy is limited to actual damages plus attorneys' fees and costs (Fla. Stat. § 501.211(2), § 501.2105) and does not include mandatory treble damages.
47.3 Negligence, Ordinary or Gross. For a Florida Transaction, the releases and waivers in these Terms (including Sections 19, 20, and the Voluntary Waiver and Release of Liability) are intended to release DAB, to the fullest extent permitted by Florida law, from claims based on DAB's negligence, whether ordinary or gross, but do not and cannot release any claim based on DAB's intentional or willful misconduct.
47.4 Minors — Florida Statute § 744.301(3) Notice. Florida law (Kirton v. Fields, 997 So. 2d 349 (Fla. 2008)) holds that a parent or legal guardian cannot waive a minor's own claim for DAB's negligence by signing on the minor's behalf. Florida Statute § 744.301(3), however, permits a natural guardian to waive a minor's claim arising from an inherent risk of a recreational activity offered by a commercial activity provider — meaning a Guardian's acceptance of these Terms for a Florida Transaction releases DAB only for injuries arising from Inherent Risks under Section 34 (e.g., ordinary capsizing, wind, current, marine life), and does not release any claim that DAB itself was negligent (e.g., defective Equipment, inadequate instruction, failure to close operations during a known hazard).
47.5 Florida Vessel Livery Requirements (Fla. Stat. § 327.54). For any Florida Transaction involving a human-powered vessel (kayak, paddleboard, canoe, or similar Equipment), DAB provides pre-rental instruction covering vessel operation, applicable navigation rules, local hazards, and emergency procedures through a mandatory instructional video or equivalent in-App content that must be completed before the App will unlock the Locker, and your completion of that content together with your per-rental affirmations under Section 35.2 constitutes your signed acknowledgment of having received that instruction, consistent with Fla. Stat. § 327.54. DAB maintains the required Livery Operator Permit and PFD inventory for each Florida location.
47.6 Beach Flag Warnings and Water-Entry Restrictions. Florida beach locations post a color-coded flag warning system (green/yellow/red/double-red/purple) administered by the local county, not by DAB. You are solely responsible for checking posted flag conditions before entering the water and complying with any local ordinance restricting or prohibiting water entry during hazardous conditions (for example, Escambia County Ordinance 2015-29, which prohibits swimming/wading during double-red-flag conditions and bars re-entry for twenty-four (24) hours after any water rescue). DAB does not monitor real-time flag conditions and does not guarantee the presence or accuracy of posted flags or lifeguard coverage; most Florida beach areas are unguarded outside specific staffed locations and hours.
47.7 Product Liability Note. Florida recognizes strict product liability against commercial lessors of equipment in some circumstances, which is a materially different (and more claimant-favorable) standard than North Carolina's negligence-only product liability framework under NCGS Chapter 99B. The liability limitations in Section 18 are intended to apply to the maximum extent permitted by Florida law, but DAB's insurance coverage, not this contractual limitation alone, is the primary risk-transfer mechanism for a Florida product-liability claim.
I understand and agree that I must comply with all local, state, and federal laws, regulations, and safety requirements while using, purchasing, or storing any Equipment, Electronics, Retail Goods, or Storage Items provided by or via 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 or Electronics; (b) any person or property with whom the Equipment or Electronics 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 OR ELECTRONICS ENTAILS INHERENT RISKS OF PHYSICAL INJURY, INCLUDING BUT NOT LIMITED TO DEATH, AND YOU HEREBY VOLUNTARILY ELECT TO RENT AND USE THE EQUIPMENT OR ELECTRONICS.
IN CONSIDERATION OF YOUR RENTAL AND USE OF THE EQUIPMENT OR ELECTRONICS, 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. Electronics face-contact surfaces (Section 43.5) are sanitized under a separate procedure specific to those devices.