TERMS AND CONDITIONS Effective Date: April 10 2006
These Terms and Conditions ("Terms") govern your use of this website and any booking or rental services provided by Robby Thurston, located at 2400 18th Ave N, St. Petersburg, FL 33713, operating under FWC Livery Operator Permit No. 2026D07-0000001658 ("Company," "we," "us," or "our"). By accessing this website or completing a booking, you agree to be bound by these Terms in full.
1. ACCEPTANCE OF TERMS
By using this website, making a reservation, or renting Equipment from us, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use this website or our services. These Terms apply to all visitors, users, and customers.
2. ELIGIBILITY
Our rental services are available to adults only. You must be at least 18 years of age to book or rent Equipment. By completing a booking, you represent and warrant that:
- You are at least 18 years of age.
- No minor child (under 18) will use, operate, or be exposed to risk from the Equipment at any time.
- You are in good physical health and capable of safely participating in stand-up paddle boarding.
- You will not participate under the influence of alcohol, controlled substances, or any medication that impairs judgment or physical ability.
We reserve the right to refuse service to any person who does not meet these requirements. No refund will be issued if a rental is terminated due to a misrepresentation of age or eligibility.
3. EQUIPMENT
Every rental includes the following equipment ("Equipment"):
- (1) Equipment Bag
- (1) Stand-Up Paddle Board (inflatable)
- (1) Manual Pump
- (1) Paddle
- (1) Removable Fin
- (1) Safety Leash
- (1) USCG-Approved Life Jacket / Personal Flotation Device (PFD)
- (1) Safety Whistle
- (1) Waterproof Phone Protector
All Equipment is provided as-is. We make no warranties, express or implied, regarding the fitness of the Equipment for any particular purpose beyond its intended use under normal conditions.
4. BOOKING & PAYMENT
Reservations are made through this website. Full payment is required at the time of booking to confirm your reservation. We accept major credit and debit cards. All prices are listed in U.S. dollars.
Your booking is not confirmed until you receive a confirmation email from us. We reserve the right to refuse or cancel any booking at our sole discretion, in which case a full refund will be issued.
By completing payment, you authorize us to charge your card for the rental fee and, if applicable, any damage, loss, late return fees, or replacement costs as outlined in your signed Rental Agreement.
5. CANCELLATION & REFUND POLICY
- 72 hours or more before your rental date: Full refund issued.
- 24 to 72 hours before your rental date: 50% refund issued.
- Less than 24 hours before your rental date: No refund.
- No-shows: No refund.
- Weather cancellations by us: Full refund or reschedule at your option.
- Weather cancellations by you: Standard cancellation policy applies. We do not issue refunds for weather conditions unless we determine conditions are unsafe and cancel the rental ourselves.
Refunds are processed within 5-7 business days to the original payment method.
6. RENTAL POLICIES
The following rules apply to every rental without exception:
Adults Only. No person under the age of 18 may use the Equipment under any circumstances.
Daylight Hours Only. All Equipment must be returned no later than 8:00 PM on the rental date. Renters must be completely off the water at or before dusk (sunset). No exceptions.
Pinellas County Only. Equipment may not be removed from Pinellas County, Florida without our prior written permission.
PFD Required. Renters must wear the provided USCG-approved life jacket at all times while on the water.
Weather Responsibility. It is the renter's sole and exclusive responsibility to check current and forecasted weather and water conditions and to determine whether it is safe to paddle on any given day. We cannot predict sudden weather changes. Renters must return immediately if conditions become unsafe.
Single Rider. Stand-up paddle boards are single-rider only. Maximum one person per board at all times.
7. REQUIRED DOCUMENTS
Prior to receiving Equipment, every renter must sign two documents in person:
- Liability Waiver, Release of Liability, Assumption of Risk, Hold Harmless and Indemnification Agreement
- Stand-Up Paddle Board Daily Rental Agreement
No Equipment will be released until both documents are signed. Completing an online booking does not substitute for or replace these required signatures. By booking online, you acknowledge that you will be required to sign these documents at the time of pickup and that failure to do so will result in forfeiture of your rental with no refund.
8. PRE-RENTAL SAFETY INSTRUCTION
In compliance with Florida law (§327.54(3)(e)), all renters are required to complete a pre-rental safety instruction and orientation prior to use of any Equipment. This instruction covers vessel operation, navigation rules, local waterway hazards, emergency procedures, and applicable Florida boating laws. Renters must sign the FWC Pre-Rental Instruction Checklist and Attestation confirming receipt of this instruction. Equipment will not be released until this form is signed.
9. FINANCIAL RESPONSIBILITY
Renters are 100% financially responsible for the full replacement value of all Equipment from the time it is received until the time it is returned in satisfactory condition. Replacement values are as follows:
- Equipment Bag: $25
- Stand-Up Paddle Board (inflatable): $1,000
- Manual Pump: $50
- Paddle: $150
- Removable Fin: $30
- Safety Leash: $25
- USCG Life Jacket (PFD): $50
- Safety Whistle: $15
- Waterproof Phone Protector: $30
- Apple AirTag: $35
A late return fee of $35.00 per day (or partial day) applies to any Equipment not returned by 8:00 PM on the rental date. If Equipment is more than 4 hours overdue, we are required by Florida law to notify law enforcement.
10. AIRTAG TRACKING
An Apple AirTag tracking device is attached to the Equipment for the sole purpose of recovering lost, stolen, or unreturned property. The AirTag is attached to the Equipment, not to the renter. By completing a rental, you consent to the tracking of the Equipment via AirTag during the rental period.
11. LIABILITY DISCLAIMER
Stand-up paddle boarding involves inherent risks including but not limited to drowning, capsizing, falling, vessel collisions, marine life, weather changes, and equipment failure. By booking and renting our Equipment, you acknowledge these risks and agree that we are not liable for any personal injury, death, property damage, or other loss arising from the use of the Equipment, to the fullest extent permitted by Florida law.
This website disclaimer does not replace the physical Liability Waiver that must be signed at the time of pickup. Nothing on this website constitutes a waiver of liability or release of claims. Only the signed physical documents are legally effective.
We are not liable for any indirect, incidental, special, or consequential damages arising from your use of this website or our services.
12. HEALTH & MEDICAL
By booking, you represent that you are in adequate physical health to safely participate in stand-up paddle boarding. We are not responsible for any medical conditions, injuries, or health events that occur during the rental period. If you have any medical conditions that could be affected by physical activity or water exposure, consult your physician before booking.
13. PRIVACY
We collect personal information (name, address, date of birth, phone number, email, driver's license number, and emergency contact information) for the purpose of processing bookings, complying with Florida law (§327.54(3)(g)), and maintaining required rental records. We do not sell or share your personal information with third parties except as required by law or as necessary to process your payment.
Rental agreements are retained for a minimum of one year as required by Florida law and may be made available to law enforcement upon request.
We use standard SSL encryption to protect information submitted through this website. However, no transmission over the internet is completely secure and we cannot guarantee absolute security.
14. INTELLECTUAL PROPERTY
All content on this website, including text, images, logos, and graphics, is the property of Robby Thurston and may not be reproduced, distributed, or used without written permission.
15. GOVERNING LAW
These Terms are governed by the laws of the State of Florida. Any dispute arising from these Terms or your use of our services shall be resolved exclusively in the courts of Pinellas County, Florida. Mediation through a Florida Supreme Court certified mediator is required before any litigation may be commenced.
16. CHANGES TO THESE TERMS
We reserve the right to update or modify these Terms at any time without prior notice. The effective date at the top of this page will reflect the most recent update. Your continued use of this website after any changes constitutes your acceptance of the updated Terms.
17. CONTACT
For questions about these Terms or your booking:
Robby Thurston 2400 18th Ave N, St. Petersburg, FL 33713 FWC Livery Permit No. 2026D07-0000001658
[email protected] | 727-270-0327
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