Bora Beach Chair Rental Agreement (this “Rental Agreement”)

THIS RENTAL AGREEMENT CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ THIS RENTAL AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.

1. FEES
   • SECTION 1 MEMBERSHIP FEES
   • SECTION 2 USAGE FEES
   • SECTION 3 LOST OR DAMAGED CHAIRS; KEY; ADDITIONAL FEES
   • SECTION 4 CREDIT AND DEBIT CARD MATTERS
   • SECTION 5 PROHIBITED ACTS
2. DIRECTIONS AND ADDITIONAL TERMS OF USE
   • SECTION 6 RENTAL SAFETY INSPECTION
   • SECTION 7 ACTIVATION OF SYSTEM KEY
   • SECTION 8 RETURNING CHAIR(S)
   • SECTION 9 OBTAINING RECEIPT
   • SECTION 10 SAFETY
   • SECTION 11 ADDITIONAL TERMS OF USE
   • SECTION 12 LIMITATIONS ON AVAILABILITY OF SERVICES
3. MISCELLANEOUS
   • SECTION 13 TERM AND TERMINATION
   • SECTION 14 NOTICES
   • SECTION 15 DISPUTE RESOLUTION AND JURISDICTION
   • SECTION 16 WAIVERS
   • SECTION 17 PRIVACY POLICY
   • SECTION 18 CUMULATIVE REMEDIES
   • SECTION 19 FINAL AGREEMENT; MODIFICATION BY BORA
   • SECTION 20 SEVERABILITY

In consideration of Your use of any of the Bora Services (defined below), You (“Member“, “You“, or “Your“) agree to all terms and conditions in this Rental Agreement. In order to rent a Bora beach chair, You must also agree to the terms of the Liability Waiver, Release, Indemnification, and Voluntary Assumption of the Risk (“Release“). The Bora “Services” are operated and provided by Bora Tech, Inc. (“Bora“) and are composed of several elements, including (1) Bora docking stations and associated treatments such as chairs, kiosks, flexible delineators and locations (“Stations”), (2) Solar structure, (3) separate stands that allow the docking of Bora chairs (“Chair Docks“), (4) Bora Chairs (“Bora Chairs” or “Chairs”), (5) Bora mobile application (“Mobile Application“) and Bora website, mybora.co (“Website“) (the Mobile Application and the Website, collectively, the “Platform“), and (6) all related equipment, personnel, and information.

1. FEES.

• SECTION 1 MEMBERSHIP FEES. (hourly, day pass, 5 day, seasonal pass)
• You may enroll as a long-term Member with a seasonal membership, or as a casual Member with one or more subscription types including a 24-hour pass. When You enroll as a Member, You agree to pay the applicable membership fee plus any usage fees charged to You, at the rates set forth in Section 2. The membership fee amounts are listed on the Platform and are subject to any applicable sales taxes and other local government charges, which may be charged and collected by Bora. Your membership becomes valid and active upon purchase.
  When You purchase access to the Services through the Platform, Bora may place a security deposit hold on your credit or debit card of up to $100 for each short-term subscription. 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.
• SECTION 2 USAGE FEES.
  Your Rental Time will be calculated beginning when you unlock and remove a Bora Chair from a Chair Dock.. You may access a statement of Your trip history and associated charges by logging into Your account profile page on the Website. If You have any dispute regarding a chargeable trip, then You must, within 10 business days from the end of the prior month with the disputed charge, provide to Bora all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Your trip receipt, if any, indicating the date and time Your Chair was returned would be additional proof that the Chair had been properly returned.
• SECTION 3 LOST OR DAMAGED CHAIRS; KEY; ADDITIONAL FEES.
  The data generated by the Services’ computer is conclusive evidence of the period of Your use of a Chair. Your use of a Chair is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Chair, until the Chair is found or returned to a Chair Dock. If the Chair is not returned to a Chair Dock within a period of 48 consecutive hours, then the Chair is deemed lost or stolen and Member’s credit or debit card will be charged a lost bike fee of up to $150, and a police report may be filed by Bora with local authorities. The Chair must be returned by Member in the same condition in which it was rented. If the Chair is returned to a Chair Dock damaged or in a state of disrepair, then the Member will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 48 hours after the Chair is not returned or is returned in a damaged state. Bora will attempt to contact Member via telephone and email before charging the Member’s credit or debit card, by using the contact information provided by Member when subscribing to the Services. For any disappearance of a Chair that was released on Your account, You must report the disappearance by filing a formal police report with the local police department and also notify Bora within 24 hours following the disappearance.
• SECTION 4 CREDIT AND 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 Membership. Participating card networks are shown on the Platform. You represent and warrant to Bora that You are authorized to use the credit or debit card. You authorize Bora to charge Your credit or debit card for all fees incurred by You, subject to any applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact Bora within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Bora 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 Seasonal Membership becomes invalid at any time and You do not replace it on Your member profile with a valid credit or debit card, Bora may suspend Your seasonal membership.
  Bora may use one or more transaction payment processors (each, a “Processor”) from time to time. The transmission of data to the Processor and the approval of a credit or debit card should take less than 10 seconds; however, a credit card might not allow for an overcharge/overdraft, which means that Your transaction request could be denied. All denials of a transaction by Your bank, all holds, and all other similar issues are Your sole responsibility. Bora takes reasonable steps to ensure that all data transmitted by Bora is done safely and privately; however, despite those steps, we cannot guarantee the complete security of all credit or debit card and other data transmitted by Bora or Processor. Please review the DISCLAIMERS and LIMITED LIABILITY sections set forth in the Platform Terms of Use at I’ll get this web link set up for the site too, which are applicable to Your use of the Platform and the Service, including the transmission of credit card and other data.
• SECTION 5 PROHIBITED ACTS.
  1. You may not dock or lock any Chair other than a Bora Chair in any Station.
  2. You may not bring a Chair in a car, or transport a Chair outside of the {Location} metropolitan area.
  3. You may not use any locking mechanism, other than the locking mechanism provided by Bora at the Chair Dock, to lock a Chair to a Chair Dock.
  4. You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for beach visitors.
  5. You may not modify, dismantle, write on, or otherwise alter or deface a Chair or any part of a Chair in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Chair in any way. You may not use a Chair for any advertising or similar commercial purpose.
  6. You may not attach anything to a Chair
  7. You may not exceed the maximum weight limit for the Chair (300 pounds), and You may not otherwise use the Chair improperly with regard to type of contents or any visual obstruction or beach impediment.
  8. You must limit or adjust Your rental behavior to suit the weather conditions, and You must promptly act in a safe manner and return, if it would be necessary and prudent to do so, Your Chair to an available Chair Dock. Upon the announcement of a shut-down, You must bring the Chair to a Station as soon as possible.
  9. You may not allow others to use a Chair that You have removed from a Chair Dock. You understand that when You remove a Chair from a Chair Dock, the Chair may be used only by You. You may not transfer Your rental or any other unique Member information to any other person. You may not share Your Membership or subscription with any other person.
  10. You may not use a Chair anywhere other than the designated beach location
  11. You may not leave a Chair unattended at any time.

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.

1. DIRECTIONS AND ADDITIONAL TERMS OF USE.

• Before each use of a Chair, You must conduct a safety inspection of the Chair, which includes inspecting for all of the following: (i) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not use a chair if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Bora of all problems and issues and You must use a different Chair. You agree to press the “Faulty Chair” button within 5 minute(s) after docking any Chair that You notice has any mechanical or other problem or safety issue. You must not attempt to repair any Chair.
• Your membership becomes valid and active upon purchase. If You have not received a system key from a key dispenser, then once You are successfully registered as a long-term Member (annual or monthly), Bora will mail a system key to the mailing address You provide. You must activate the system key before using the system key for the first time. You may activate the system key on the Website, under the “Member Login” heading.
• SECTION 8 RETURNING CHAIR.
  To return a Chair, You must secure it into an available Chair Dock. When the Chair is correctly docked, an LED signal will be emitted, and the signal light will turn green to confirm that the Chair has been properly secured to the Chair Dock. If the Chair is not properly secured to the Chair Dock, then the signal light will remain Red. If the signal remains red, then You must repeat the operation until the signal light turns green and the Chair is properly secured in the Chair Dock; however, if after several attempts the signal light does not turn green, then You must return the Chair to another available Chair Dock. If there is no available Chair Dock at the Station, then You must push the “Request Time Credit” icon in the mobile app to obtain an additional 15-minute credit in which to return the Chair to another Station. No fee is charged for the additional 15-minute credit. Any Chair that is not properly secured remains Your sole responsibility, and the usage fees described in Section 2 will be charged until the Chair is properly secured.
• SECTION 9 OBTAINING RECEIPT.
  You may generate a receipt through the mobile app to confirm that the Chair has been properly returned to the Chair Dock. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable rental. To obtain a receipt, Members must push the “Rental Receipt” icon in the mobile app under the “More Options” menu. Your most recent trip details may also be available via the Mobile Application.
• SECTION 10; SAFETY. You agree that Bora and the other Released Persons are not liable for any injury You suffer while using any of the Services..YOU ASSUME ALL RISK. 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) Bora and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) any municipality offering any part of the Services within their jurisdiction and all of its elected and appointed officers, officials, employees, and agents (collectively, the “Operators”), (iii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which is located a Station and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
• SECTION 11 ADDITIONAL TERMS OF USE.
  1. By choosing to rent a chair, You assume all responsibilities and risks for all such injuries or other medical conditions to yourself, to others, or to your property and the property of others from accidents arising from, but not limited to, the following hazards: uneven or cracked pavement or sidewalks, collisions with other vehicles, collisions with pedestrians, and maintenance issues with the chair
  2. You represent, warrant, and agree that Bora is not responsible for providing or maintaining beaches or any other place where You may use Chairs, and that Bora and the other Released Persons do not guarantee that there will always be a safe place to use a Chair. You must not use a Chair for any use besides safe operation on public or private beaches or property and designated Beach locations.
  3. You represent, warrant, and agree that Bora and the other Released Persons are not common carriers. Bora and the Operators provide Chairs only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to use a Chair on their own and who have agreed to all terms and conditions of this Rental Agreement.
  4. Member must report to the police and to Bora Customer Services at 508-369-0886 as soon as possible, but in no event later than 24 hours, after the occurrence of (i) damage, loss, or personal injury while using a Chair, (ii) any vandalism of any of the Services, (iii) any stolen or lost Chair.
  5. You are fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of a Chair
• SECTION 12 LIMITATIONS ON AVAILABILITY OF SERVICES.
  Bora does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Bora from providing the Services from time to time. Access to the Services also is conditioned on the availability of Chairs and availableChair Docks at each Station. Bora does not represent or warrant the availability of any Services or the availability of any Chairs or Chair Docks at any Station. No sponsor of the Services has any responsibility for providing any Services. You may use the Platform to check the inventory of Chairs and Chair Docks available at a Station. You agree that Bora may require You to return a Chair 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 4 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 membership. At any time and from time to time, and without Your consent, Bora may unilaterally terminate Your right to use any of the Services, in Bora’s sole discretion and without any notice or cause.You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Bora, (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.All Seasonal memberships may be auto-renewed upon the membership period’s expiration. Members who have been enrolled into auto-renew may prevent their membership from auto-renewing by deselecting the “Auto-Renew Membership” box found on the Profile page within the Member Area of the Website & mobile app. Members who wish to be enrolled into auto-renew may do so by selecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website & mobile app.If You have opted out of auto-renewal feature, then starting thirty (30) days before and no later than one (1) year after the expiration of Your membership term, You may renew the membership on the Platform, under the “Member Login” heading. If the 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 membership. The membership, and the personal identification number are non-transferable and may be terminated if You breach this Rental Agreement, as decided by Bora in its sole discretion.
• SECTION 14 NOTICES.
  You may contact Bora by writing, calling, or emailing Bora at the address listed below:

Bora Tech, Inc. (20 Juniper Ridge Rd. Westwood, MA 02090)

• SECTION 15 DISPUTE RESOLUTION AND JURISDICTION.
  This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts and San Diego County, California, excluding principles of conflicts of laws.You and Bora each agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.You agree that the venue for any claim or dispute between You and Bora or any of the Released Persons is exclusively that of a state or federal court located in Norfolk County, Massachusetts and San Diego County, California. You and Bora agree to submit to the personal jurisdiction of the courts located within Norfolk County, Massachusetts or San Diego, California for the purpose of litigating all such claims or disputes.Further, if Bora prevails in litigation against You to enforce its rights under this Rental Agreement, Bora shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Bora 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.
  Bora’s collection and use of personal information in connection with the Services is as provided in our Privacy Policy.
• 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 Bora.
  This Rental Agreement and the Release contains 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, Bora 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. Whenever a change is made to this Rental Agreement, Bora will post a notification on the Platform. 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 such 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.

MEMBER AGREEMENT TO CHAIR  RENTAL AGREEMENT

I hereby represent that I am the Member, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.

OR

I hereby represent that I am the Parent or Legal Guardian of the Member, and I have read and agreed to the terms and conditions set forth in this Rental Agreement on behalf of myself and the Member, and I authorize the use of the Services by such minor Members.