Sandhelper Waiver

Advanced Aeromedical, Inc. Beach Power Mobility 757-481-1590 3429 Chandler Creek Rd. Suite 102 Virginia Beach, VA

Beach Power Mobility is an Advanced Aeromedical, Inc. owned company and falls under all Advanced Aeromedical, Inc. terms and conditions as listed below. 

BEACH POWER MOBILITY ELECTRIC WHEELCHAIR CONTRACT AND RELEASE 

This Contract and Release is entered into on the date below by and between Advanced Aeromedical, Inc. (DBA: Beach Power Mobility) and each adult Renter whose name and signature appear below and who sign this Agreement on his or her own behalf, and/or on behalf of any minor whose name appears below, and such Renter warrants that he or she has the authority to enter into this Agreement on his or her own behalf and that he or she has bound himself or herself to fulfill all duties and obligations of each minor listed below. Each adult and minor is herein referred to as a “Renter.” 

IT IS HEREBY AGREED AS FOLLOWS: 

I. Advanced Aeromedical, Inc. hereby rents to Renter, and Renter hereby rents from Advanced Aeromedical, Inc., a Sand Helper Electric Wheel Chair mobile chair device (the “Chair”) and ancillary items of equipment supplied by Advanced Aeromedical, Inc., including battery pack, battery charger, keys and lock (collectively, the “Equipment”). THIS RENTAL IS FOR THE SOLE AND EXCLUSIVE USE OF RENTER. HE OR SHE SHALL NOT ALLOW ANY OTHER PERSON TO USE OR OPERATE THE SAME AT ANY TIME.  

II. The Renter shall pay the agreed upon price as per the order confirmation.

III. In addition, Renter authorizes Advanced Aeromedical, Inc. to photograph Renter’s driver’s license or other acceptable form of personal identification and to charge his/her credit card in the event of loss, damage, and/or delay in the return of the Chair and Equipment. 

IV. Renter expressly confirms that he or she will use the Chair and Equipment in or around Virginia Beach and Renter will not take the Chair and Equipment to any other location without the express written permission of Advanced Aeromedical, Inc. Renter further confirms that he or she is staying overnight at agreed rental location while he or she has the Chair and Equipment and Renter is responsible for the safe care and storage of the Chair and Equipment where Renter is staying and at all times while Renter has the Chair and Equipment in Renter’s possession hereunder. 

V. Renter understands and agrees that the Chair and Equipment are in limited supply and customers of Advanced Aeromedical, Inc. have reserved dates and times to use the Chair and Equipment, so Renter shall be liable to Advanced Aeromedical, Inc. for a late charge of twice the daily rent for each day or partial day the Chair and Equipment are not timely returned to the designated location. Renter shall be responsible for and shall hold harmless, defend and indemnify Advanced Aeromedical, Inc., its officers, members, agents, and employees from and against any and all third party claims, liabilities, demands and judgments, including its reasonable attorney’s fees, if Renter’s damage to the Chair and/or Equipment, or its failure or delay in returning the same, causes such losses. 

VI. Renter acknowledges that he or she is fully aware of the inherent dangers and risks of riding a Chair on the beach, on sidewalks and streets, and Renter hereby assumes all risks that may arise as a result of his or her riding and participation, including, but not limited to, risks of bodily injury and property damage that may result from: the Renter’s falling from or with the Equipment; the Renter’s collision and/or near collision with vehicles, third parties, and/or their possessions and/or vehicles. Renter acknowledges that he or she has inspected the Chair and Equipment and that there are no visible defects in the same (or if there are any, Renter has noted the same, in writing, in the area designated on the checklist below). 

VII. Renter assumes full responsibility for the Chair and Equipment from the time of his or her first possession of the same and until it is returned to, and properly secured at, the designated location approved by Advanced Aeromedical, Inc., and he or she agree to compensate Advanced Aeromedical, Inc. for all damages to and/or loss of the Chair and Equipment, whether caused by theft, negligence, intentional misuse, or otherwise, excluding normal wear and tear (“Damages”). If Renter has placed a credit card on file with Advanced Aeromedical, Inc., the company may charge the card to cover these expenses. 

VIII. Renter represents that he or she is not pregnant, weighs not more than 350 lbs., is at least sixteen (16) years of age, and that his or her medical condition will not impair his or he ability to operate the Chair and Equipment without risk to Renter or to others. Renter represents that he or she has no medical or physical impediment which would endanger Renter or others, if he or she uses the Chair. If Renter is signing for a minor, Renter represents that the minor falls within the above weight range, and is otherwise in sound medical condition and capable of operating Chair and Equipment without risk to the minor or others, and that the minor has no medical or physical impediment which would endanger the minor or others, while using the Chair. 

IX. Renter understands that the use of a Chair is subject to all traffic laws, signs, rules and regulations which pertain to pedestrians and moving vehicles, and those regulations which are intended to protect pedestrians, and a Renter has the express obligation, among others, to give the right-of-way to pedestrians and other human powered devices (i.e.bicycles, wheelchairs, wagons, scooters, etc.), and to provide a warning when overtaking and passing pedestrians and human powered devices. Renter agrees to adhere to the rules and regulations that Advanced Aeromedical, Inc. provides, including through its orientation/instructions process. Use of mobile telecommunications equipment is prohibited while operating the Chair and Equipment. 

X. In consideration of being permitted to rent the Chair and Equipment and to operate the same, Renter on his or her own behalf, and on behalf of each minor designated below, and on behalf of his, her, and/or their, heirs, assigns and legal representatives (each of the foregoing is a “Releasor”) does hereby release, indemnify, forever discharge, and agree to hold harmless Advanced Aeromedical, Inc. and Sand Helper LLC (the Chair distributor) (and their respective officers, directors, members, employees, agents, and contractors – collectively, “Releasees”) from any and all claims, demands, rights, and causes of action of whatsoever kind, whether in tort, by contract, under any product liability theory and/or statutory basis, or otherwise, which may arise and/or result from personal injuries, property damage, death, illness, and/or any other source, occurring during and/or resulting from his, her, and/or their, rental of the Chair and Equipment. If any lawsuit or other claim is brought by Renter, or by anyone on behalf of a minor on whose behalf Renter entered into this Agreement, which arises from or relates to injuries sustained to the person or property of Renter and/or such minor during, or as a result of, his or her use of the Chair and Equipment, then Renter shall be responsible for all of Releasees’ defense costs, including, its reasonable legal fees, and in addition, Renter shall be obligated to pay in full the amount of any resulting judgment entered against Releasees, or any one or more of them, and/or the amount of any good faith settlement agreed upon by Releasees, or any one or more of them, to avoid a trial or other adverse disposition of such claim. 

XI. Renter consents to and permits Advanced Aeromedical, Inc. to use its best efforts to seek to obtain emergency medical treatment in the event of injury or illness to Renter and agrees that he or she will be solely responsible to pay any costs incurred with respect to emergency medical treatment. . 

XII. Renter further acknowledges and understands that Advanced Aeromedical, Inc. has a limited supply of Chairs and Equipment and that Chair and Equipment breakdowns can occur in the ordinary course of their use. In the event of such breakdown, if Advanced Aeromedical, Inc. cannot efficiently repair or replace the Chair so as to make the same readied for Renter’s continued use of the same, Renter’s sole and exclusive recourse shall be to accept a refund of the prepaid rental fee, prorated, based on the number of days and partial days of use prior to the need for repair, together with the deposit. Under no circumstances shall Advanced Aeromedical, Inc. be liable for any other damages or losses.