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Rental agreement

In consideration of Your use of any of the Floa Services (defined below), You (“Subscriber”, “You”, or “Your”) agree to all terms and conditions in this Rental Agreement. In order to rent a surfboard, standup paddleboard, or kayak and associated paddles (collectively the “Equipment”), and a personal floatation device (“PFD”, “life jacket”), whistle, and leash (collectively the “Safety Gear”), You must also agree to the terms of the Liability Waiver, Release, Indemnification, and Voluntary Assumption of the Risk (“Release”). The Floa “Services” are composed of several elements, including (1) stations that allow the docking of the Equipment (“Equipment Units”), (2) Floa surfboards, standup paddleboards, kayaks and associated paddles (collectively, the "Equipment"), (3) Floa PFD, whistle, and leashes (collectively, the “Safety Gear”), (4) delivery drivers and their vehicles for the delivery and pickup of the Equipment, (5) Floa mobile application (“Mobile Application”) and Floa websites, floa.co, gowithfloa.com (the “Website”) (the Mobile Application and the Website, collectively, the “Platform”), and (6) all related equipment, personnel, and information.

I. Subscription

You may use the Floa Services in the City and Location in which You rent, but You may not transport Floa Equipment between Equipment Units as provided in Section 6. The Services are provided to you by Floa, Co. (“Floa”).

  • Section 1 Subscription Fees.
    Long-Term Subscriptions. You may subscribe to a one-year membership (“Annual Membership”), a one-month membership (“Monthly Membership”), or as described below a short-term subscription. When You subscribe, You agree to be charged the membership fee plus any usage or surcharge fees as described in Section 2 that You incur. The Annual Membership fee and usage and surcharge fee amounts are listed on the Platform and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Floa. Your subscription becomes valid and active upon purchase.

    All Annual and Monthly Memberships will be enrolled in the Auto-Renew feature by default unless You opt out of the Auto-Renew feature by deselecting the “Cancel Membership” box found on the profile page within the member area of the Website.

    Short-Term Subscriptions. When You purchase a short-term subscription to the Service, You agree to be charged (i) a nonrefundable reservation fee of at least $35, (ii) the subscription fee plus any usage fees as described in Section 2 that You incur, and (iii) You agree that Floa may place a security deposit hold on Your credit or debit card of $101. The short-term subscription fee amounts are listed on the Platform and on the Unit and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Floa. The costs for a short-term subscription and any usage fees will be charged at the end of the subscription period, and you agree that Floa may charge any and all applicable amounts at that time. The amount of the security deposit could remain on Your credit or debit card account for an amount of time to be determined by Your bank's policies regarding holds. You will be charged all applicable fees for the use of the Floa Equipment with the short-term subscriptions purchased with Your credit or debit card. Your subscription becomes valid and active upon purchase.

  • Section 2 Usage and Surcharge Fees.
    Your Ride Time will be calculated beginning (i) five (5) minutes after You unlock the Equipment from an Equipment Unit, or (ii) the time equipment is dropped off when requesting delivery. If You end Your rental by (i) returning the Equipment to an Equipment Unit, or (ii) having Equipment picked up with delivery service, within the initial free ride period applicable to Your subscription type (“Initial Free Ride Period”), no usage fee will be charged. If You do not end Your rental within the Initial Free Ride Period, You will be charged the applicable usage fees on the Platform or displayed at the Unit, which are subject to applicable sales taxes and other local government charges. If You are an Annual Member, You will not be charged more than $100 per ride in usage fees, plus applicable sales taxes and other local government charges. After ending Your rental, You may rent other Equipment from the Equipment Unit, but only after a waiting period of up to five (5) minutes.

    Use of certain Equipment types may incur surcharges at amounts listed on the Platform and on the Unit. If You use Equipment that incurs a surcharge, You will be charged the surcharge in addition to any other applicable subscription and usage fees.

    If You have any dispute regarding a chargeable rental, then You must, within 10 business days of Your receipt of Your statement containing the disputed charge, provide to Floa all rental information that is necessary to identify the disputed charge, such as the date of the rental and the approximate starting and ending times.

  • Section 3 Lost or Damaged Equipment; Additional Fees.
    The Ride Time data generated by the Services’ computer is conclusive evidence of the period of Your use of Equipment. Your use of the Services is limited to a period of (i) eight (8) consecutive hours if renting by the hour, (ii) six (6) consecutive hours if renting by the half-day, or (iii) 24 consecutive hours if renting by the full day. Any use that exceeds the time periods as previously listed is deemed a disappearance of the Equipment, until the Equipment is (i) found, (ii) picked up by delivery service, or (iii) returned to an Equipment Unit. If the Equipment rental is not ended within the previously defined listed periods, then the Equipment is deemed lost or stolen, Your credit or debit card will be charged a lost equipment fee of up to $1200, and a police report may be filed with local authorities. You must return the Equipment in the same condition in which You rented it. If the Equipment is (i) returned to an Equipment Unit, or (ii) picked up by delivery service, damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Equipment is not returned or is returned in a damaged state. Floa will attempt to contact You via telephone before charging Your credit or debit card, by using the contact information You provided when purchasing access to the Services. For any disappearance of Equipment that was released using Your subscription, You must report the disappearance to the local police department and to Floa within 24 hours following the disappearance.

  • Section 4 No Shows.

    When requesting Delivery service, You must choose a time which to receive the Equipment. You agree that you will be ready to receive the Equipment within five (5) minutes of that selected time, at which you agree to be charged the full amount of the rental. Additionally, You agree that on your scheduled Pickup time you will be ready to return the Equipment. If within five (5) minutes of your scheduled pickup time You fail to return Equipment, appropriate actions and measures as outlined in Section 3 above will be implemented.

  • Section 5 Credit/Debit Card Matters.
    You must input a valid credit or debit card number and expiration date before You will be registered to use the Services, and You must maintain a valid credit or debit card throughout the duration of Your Annual Membership. Participating card networks are shown on Equipment Unit and the Platform. You represent and warrant to Floa that You are authorized to use the credit or debit card. You authorize Floa to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact Floa within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Floa of all changes relating to Your credit or debit card and update Your member profile on the Platform. If the credit or debit card connected to Your Annual Membership becomes invalid at any time and You do not replace it on Your member profile with a valid credit or debit card, Floa may suspend Your Annual Membership.

  • Section 6 Prohibited Acts.

    • You may not rent Equipment if You are under 18 years of age.

    • You may not use Equipment if You are under 13 years of age.

    • You may not use Equipment in certain cities if You are not wearing Safety Gear.

    • You may not use Equipment while holding or carrying items which impedes Your ability to safely operate the Equipment.

    • You may not use Equipment while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely use Equipment.

    • Please carry Your Equipment, do not drag it, to and from the Equipment Unit when taking or returning it.

    • Each Equipment is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child) using Equipment.

    • You may not dock or lock any other Equipment in any Equipment Unit other than Floa Equipment.

    • You may not bring Equipment Unit Equipment and Safety Gear in a car, ferry or train, or ride or transport Equipment and Safety Gear between cities.

    • You may not use any locking mechanism, other than the locking mechanism provided in the Equipment Unit or on the Equipment, to immobilize Equipment or lock Equipment to Equipment Units.

    • You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for Equipment riders.

    • You may not modify, dismantle, write on, or otherwise alter or deface Equipment or any part of Equipment in any way. You may not write on, peel, or otherwise modify or deface any sticker on Equipment in any way. You may not use Equipment for any advertising or similar commercial purpose.

    • You may not attach anything to Equipment that is not available at Equipment Units or provided by delivery service.

    • You may not exceed the maximum weight limit for the Equipment (250 pounds).

    • You may not operate Equipment in poor or dangerous weather or marine conditions, including hail, freezing rain, thunder, electrical, or tropical storms, or hurricanes, which could make it more dangerous to use Equipment. You must limit or adjust Your use to suit the weather and marine conditions, and You must promptly act in a safe manner and, if it would be necessary and prudent to do so, return Your Equipment to the Equipment Unit.

    • You may not allow others to use Equipment that You have (i) removed from Equipment Units, or (ii) requested for delivery. You understand that when You (i) remove Equipment from Equipment Units, or (ii) request Equipment from delivery service, the Equipment may be used only by You. You may not transfer Your unique Subscriber information to any other person. You may not share Your membership or subscription with any other person.

    • YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.

II. Directions and Additional Terms of Use.

  • Section 7 Equipment Safety Inspection.
    Before each use of Equipment and Safety Gear, You must conduct a safety inspection of the Equipment and Safety Gear, which you acknowledge you are competent to do, and which includes inspecting for all of the following: (i) no major dings or holes; (ii) fins, if applicable, are secure (iii) no rips in PFD; (iv) no broken buckles; (v) for leash, if applicable, no nicks or multiple parts, and hook and loop in good condition; (vi) whistle present; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not use the Equipment or Safety Gear if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Floa of all problems and issues and use different Equipment. You agree to (i) press the “Faulty Equipment” button within 1 minute after docking or locking  Equipment, or (ii) request pickup due to faulty Equipment, that You notice has any mechanical or other problem or safety issue. You must not attempt to repair any Equipment.

  • Section 8 Returning Equipment.
    To return Equipment and Safety Gear, You must (i) secure it into an available Equipment Unit, (ii) request for pickup from delivery service. When the Equipment is correctly docked, a notification will display on the Unit and/or mobile notification will be sent to confirm that the Equipment has been properly secured in the Equipment Unit. If the Equipment is not properly secured to the Equipment Unit, then a notification will display on the Equipment Unit or your mobile device and You must repeat the operation until the confirmation notification that the Equipment is properly secured in the Equipment Unit is displayed or notification sent. If after several attempts the Equipment is still not docking, then You must return the Equipment to another available Equipment Unit. If there is no available Equipment Unit at the Station, then You must promptly notify Floa immediately. No fee is charged for the additional time. Any Equipment that is not properly secured remains the Your sole responsibility, and the usage fees described in Section 2 will be charged until the Equipment is properly secured.

  • Section 9 PFDs; Safety.
    Floa requires that all Users of the Services wear at least a Type III US Coast Guard approved personal floatation device that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a Type III approved PFD, properly sized, fitted, and fastened, while partaking in water sports may help protect against accidental drowning; however, PFDs are not 100% effective, do not protect against all drownings, and do not protect against other injuries. FLOA AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY PFD, AND YOU AGREE THAT FLOA AND THE OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY SUFFERED BY YOU WHILE USING ANY OF THE SERVICES, WHETHER OR NOT YOU ARE WEARING A PFD AT THE TIME OF INJURY. YOU ASSUME ALL RISK OF NOT WEARING A PFD OR OTHER PROTECTIVE CLOTHING AND GEAR. Any PFD that Floa, its services, or Release Persons provide to You is intended for the use of persons that have a chest size of no smaller than thirty inches (30”) and no larger than fifty-two inches (52”). You agree that, when using any of the Services, You might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.

    “Released Persons” or “RELEASED PERSONS” means, collectively, (i) Floa and all of its and their owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the City in which you Rent,  (iii) any lender to Floa and all of such lender's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (iv) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (v) delivery drivers of the Equipment Floa rents out, and (vi) every holder of property on which is located an Equipment Unit and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.

  • Section 10 City PFD Law.
    Certain cities and states have laws requiring Equipment Users (i) under certain years of age to wear a PFD and other Safety Gear, (ii) no matter the age to wear a PFD and other Safety Gear. In order to purchase a short-term subscription in these cities the User must certify that the User is wearing a PFD and other Safety Gear. Floa may provide PFD and other Safety Gear with Equipment. You represent and warrant that the PFD and Safety Gear properly fits and is in usable condition and will provide Your own, before using Equipment, if not.

  • Section 11 Additional Terms of Use.
    You represent, warrant, and agree that You are a safe and competent Equipment operator, You are sufficiently fit and physically capable to safely use Equipment without any risk to Your health, You are knowledgeable about the operation of Equipment, and You are knowledgeable about the laws pertaining to Equipment operated within the City in which you rent. LIKE ANY PHYSICAL ACTIVITY, USING EQUIPMENT MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO USE EQUIPMENT, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.

    • You represent, warrant, and agree that Floa is not responsible for providing or maintaining water ways or any other place where You may use Equipment, and that Floa and the other Released Persons do not guarantee that there will always be a safe place to use Equipment. Rivers, lakes, springs, ocean, and other water ways may become dangerous due to weather or other hazards. You must not use Equipment for any other use besides safe operation on public or private water ways and routes designated for Equipment.

    • You represent, warrant, and agree that Floa and the other Released Persons are not common carriers. Alternative means of public and private transportation are available to the general public and to You. Floa provides Equipment only as a convenience and recreational activity, not as a public service, and such rental availability is intended to be used only by those persons who are able and qualified to operate Equipment on their own and who have agreed to all terms and conditions of this Rental Agreement.

    • You must report to the police and to Floa Customer Services as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using Equipment, (ii) any vandalism of any of the Services, or (iii) any stolen or lost Equipment or Safety Gear.

  • Section 12 Limitations on Availability of Services.
    Floa makes every effort to provide the Services for 365 days per year; however, Floa does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Floa from providing the Services from time to time. Access to the Services also is conditioned on the availability of Equipment and available Equipment Units at each location. Floa does not represent or warrant the availability of any Services or the availability of any Equipment or Equipment Units at any location. No sponsor of Floa has any responsibility for providing any Services. You may use the Platform to check the inventory of Equipment and Equipment Units available. You agree that Floa may require You to return Equipment at any time.

III. Miscellaneous.

  • Section 13 Term and Termination.
    The term of this Rental Agreement begins when You first access the Services, and ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section 5 of this Rental Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your subscription. At any time and from time to time, and without Your consent, Floa may unilaterally terminate Your right to use any of the Services, in Floa’s sole discretion and without any notice or cause. For the avoidance of doubt, the terms of this Rental Agreement apply to any renewal of Your Annual Membership and to any short-term subscriptions You purchase subsequent to Your initial subscription.

    You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Floa, (ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Rental Agreement is terminated.

    If You have opted out of the auto-renewal feature, then starting thirty (30) days before and no later than one (1) year after the expiration of Your Annual Membership, You may renew the Annual Membership on the Platform, under the “Member Login” heading. If the Annual Membership is not renewed within this period of time, then You may be required to (i) take certain actions to reactivate Your old account, or (ii) create an entirely new account for a new Annual Membership. The Annual Membership, and the personal identification number related thereto, are non-transferable and may be terminated if You breach this Rental Agreement, as decided by Floa in its sole discretion.

  • Section 14 Notices.
    You may contact Floa by writing or emailing at the address listed below:

    601 Innovation Way
    Daytona Beach, FL 32114 
    info@floa.co

  • Section 15 Choice of Law; Dispute Resolution; Attorneys’ Fees.
    This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of Delaware, excluding principles of conflicts of laws. For every dispute regarding this Rental Agreement: (i) each party consents to the jurisdiction of the courts of Delaware and agrees that those courts have personal jurisdiction over each party; (ii) venue must be in Delaware; and (iii) the parties must submit the dispute to mandatory mediation held in Delaware. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

    Further, if Floa prevails in litigation against, or settles a dispute with, You to enforce its rights under this Rental Agreement, Floa shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, mediation or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Floa may be entitled.

  • Section 16 Waivers.
    No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement. The terms of this Rental Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

  • Section 17 Privacy Policy.
    Floa’s collection and use of personal information in connection with the Services is as provided in our Privacy policy, located at https://www.floa.co/privacy.

  • Section 18 Cumulative Remedies.
    All rights and remedies granted under or referred to in this Rental Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right, remedy or defense provided by law.

  • Section 19 Final Agreement; Modification by Floa.
    This Rental Agreement and the Release contain the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement and the Release supersede all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, Floa may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Platform supersedes all pricing set forth in this Rental Agreement.

  • Section 20 Severability.
    If a court deems any provision of this Rental Agreement illegal or otherwise unenforceable for any reason, You agree that that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.

Your Agreement to Rental Agreement

I certify that I am the person renting Equipment, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.

 OR

I certify that I am the Parent or Legal Guardian of the, or any, Subscriber, who is 13 years of age or older, and I have read and agreed to the terms and conditions set forth in this Rental Agreement on behalf of myself and the Subscriber, and I authorize the use of the Services by such minor Subscriber. I certify that I understand that Floa, its services, or other Released Persons do not provide lifejackets that are intended to be worn by Subscribers under the age of 18 and, in such case where the minor does not fit in any provided lifejacket, that I must provide my own for such minor and ensure its fit.