WHEREAS the individual executing the following Terms and Conditions acknowledges
and agrees to the same, and that the following terms and conditions shall become part of the
rental agreement by and between said individual and Sunset Campfires of California LLC
(“WeCamped”), a California state limited liability company to be subsequently executed.
Sunset Campfires of California LLC and the individual executing the following acceptance of
Terms and Conditions Customer are collectively referred to herein as the “Parties”, and
individually as “Party”.
1. Rental. The person accepting the following Terms and Conditions (“Customer”)
hereby agrees to rent from Sunset Campfires of California LLC the equipment which
Sunset Campfire of California LLC will set up for Customer as further specified in a
written agreement to be subsequently executed by the Parties the “Rental
Agreement”). The equipment may include a tent, sofa, propane stove, and chairs, or
any other equipment in accordance with this Agreement more specifically set forth
in the Rental Agreement (“Equipment”).
2. Reservations. Customer must provide valid identification and credit card at the time
of reservation and authorizes Sunset Campgrounds to charge said credit card
$100.00 dollars as a deposit as referenced in Section 4. Customer warrants that
he/she is an authorized user of said credit card.
3. Dates. The Customer will be camping at the location to be selected by the Customer
(“Campsite”) in the Rental Agreement to be executed. The check-in time will be as
set forth in the Rental Agreement. Customer warrants that he/she and all persons
with Customer at the Campsite shall vacate the same no later than the time
specified in the Rental Agreement.
4. Deposit. A $100.00 dollars deposit is due at the time Customer places his/her
reservation. The remaining balance is due to Sunset Campfires of California LLC Four
(4) days before delivery of the Equipment. If final payment is not received Four (4)
days prior to delivery, Customer’s deposit will be forfeited, and Sunset Campfires of
California LLC reserves the right to rent the Campsite to a different customer. The
amount of deposit provided by Customer is a nonrefundable deposit and is provided
by Customer as consideration for Sunset Campfires of California LLC not to rent the
equipment to anyone else.
5. Late Charges. Customer will be charged $50.00 per hour for the late check out of the
Equipment. Late check out shall be defined as checking out the campsite later than by
_10:30_Am on the day the equipment was to be returned. Customer acknowledges that
returning equipment late to Sunset Campfires of California LLC will cause damages to Sunset
Campfires of California LLC, since it would result in late check out of the equipment and the
$50.00 per hour late return fees is a reasonable liquidated damage fee agreed herein by
6. Maximum Persons. One camping party is allowed per site, and the Campsite shall
have a maximum of Eight (8) people, unless further restrictions are imposed by the
specific park or location.
7. No Warranty. Sunset Campfires of California LLC is neither the manufacture of the
rented property nor the agent of the manufacturer, and no warranty against patent
or latent defects in material workmanship or capacity is given, and customer
expressly waives all such warranties of fitness which may be accorded by law or
otherwise. There are no warranties of merchantability or fitness, either express or
implied. There is no warranty that the equipment is suited for customer’s intended
use, or that it is free from defects, and any and all such warranties of fitness, or
otherwise, are expressly and specifically waived by customer. There is also no
warranty that the site is leveled or clear from debris and sharp objects. Customer
agrees and acknowledges that an air mattress does not provide the usual comfort of
a traditional bed, Sunset Campfires of California LLC does not provide any
assurances or warranties regarding the comfort of its air mattress beds in renting to
8. Waiver of Liability. Customer acknowledges and understands that camping poses
inherent risks and dangers including but not limited to, dangerous animals, animal
attacks, bites, stings, poison from plants, falling trees, and forest fires. Customer
assumes all risks associated with camping and assumes responsibility for loss,
property damage, illness, personal injury, and death.
9. Right of Entry. Sunset Campfires of California LLC, and those authorized by it, are
authorized to enter the Campsite in the event of an emergency or if Sunset
Campfires of California LLC deems it reasonably necessary.
10. Food Storage. All food and other attractants must be properly stored. Customer
agrees to properly store food in a certified bear resistant container, in an enclosed
hard sided vehicle, or suspended at least ten feet clear of the ground at all points
and four feet horizontally from any supporting tree or pole. Food, trash, and other
scented products or attractants should not be left unattended or inside of
Customer’s tent at any time.
11. Return of Equipment/Clean Up. All items should be returned in the manner in which
Customer received them, subject only to reasonable wear and tear. Tables, chairs,
and other rental items should be stacked, bagged, or organized in the same manner
as when they were delivered. All trash should be removed and properly discarded
prior to Customer’s departure from the Campsite. Customer shall be liable for all
damages to or loss of the Equipment occurring if items were not returned within the
specified pickup time, which would be by_10:30__AM on return date. Customer also
agrees to pay a reasonable cleaning charge for all equipment returned dirty. Rental
Equipment damaged beyond repair will be paid for by Customer at its replacement
cost when rented.
12. Stolen Property. The Customer agrees to pay for Equipment at its Replacement Cost
when rented for all types of theft or mysterious disappearance. If the rented
equipment is not returned to Sunset Campfires of California LLC at the date of
scheduled check out, such Equipment shall be considered stolen.
13. Inspection. Customer acknowledges that he/she will personally inspect the
Equipment no later than 30 minutes following the start date and time specified in
the Rental Agreement, and in the event any part of the Equipment is lost, missing or
defective, Customer will, prior to its use, immediately notify Sunset Campfires of
California LLC via Email or Phone. If Sunset Campfires of California LLC is notified of
faulty Equipment or defects upon Customer return of items, Sunset Campfires of
California LLC will inspect the Equipment to verify items were unusable. Refunds are
based upon the inspection and are not guaranteed. If items are found to be in good
and working order, no refund will be credited to the Customer.
14. Malfunctioning Equipment. If Equipment becomes unsafe and/or in disrepair for any
reason, the Customer agrees to discontinue its use and notify Sunset Campfires of
California LLC immediately. Sunset Campfires of California LLC will repair or replace the
Equipment with similar Equipment in good working order if available and practical,
and if the defect is the result of normal use. Sunset Campfires of California LLC is not
responsible for any incidental or consequential damages caused by delays or
otherwise, and Customer hereby waives any right or entitlement thereto. If Sunset
Campfires of California LLC replaces the Equipment and upon testing the original
equipment, discovers that the Equipment is in good working order, additional
charges may occur for delivery of replacement Equipment.
15. Assignments, Subrental and Loaning of Equipment. The Customer may not sub-rent
or loan the Equipment. Any purported assignment by the Customer is void. The
rented Equipment shall at all times be and remain the sole and exclusive property of
Sunset Campfires of California LLC
16. Use Rights. Customer shall have only the rights to use the Equipment in accordance
with the terms of this agreement
17. Hold Harmless Agreement. Customer shall defend, indemnify and hold harmless
Sunset Campfires of California LLC, its employees, agents and subsidiaries, from and
against all claims, liabilities, losses, damages to property or otherwise, and expenses,
of every character whatsoever, resulting from the actions, negligent or otherwise, of
Customer, Customer’s employees and agent of Customer or Customer
subcontractor. The indemnities included in this Agreement shall include reasonable
attorneys’ fees paid by Sunset Campfires in defending suit and actions involving
liability covered by the indemnification provision in this paragraph.
18. Rules Specific to the Park. Customer is responsible to review and adhere to all rules
and regulations that are enforceable at the specific park with the Campsite.
19. Weather Related Risks. Customer assumes all weather-related risks involved in
camping. Sunset Campfires of California LLC will endeavor to minimize said risk,
however, should the Campsite become unusable due to high wind, snow, rain,
flooding, extreme cold or heat, or any other factor beyond Sunset Campfires of
California LLC ‘control, Customer shall still be liable for payment in full of all charges.
20. Compliance with Law and Safety Regulations. As Sunset Campfires of California LLC
has no control over the use of rented Equipment by Customer, Customer agrees at
its sole expense to comply with all municipal, county, state, and federal laws,
ordinances, and regulations, which may affect the Equipment while it is in the
possession of and use by the Customer. Customer shall not permit any person who is
not legally qualified to use Equipment.
21. Alcoholic Beverages. Alcoholic beverages are only permitted at the areas designated
as acceptable by the specific park or location. Fireworks and illegal substances are
prohibited from all Campsites.
22. Permits and Licenses. Customer shall at its own expense, and prior to the camping
dates, provide all necessary permits, licenses, and other consents unless Sunset
Campfires of California LLC has agreed to provide any necessary permits or licenses.
23. Cancellation Policy. Once Customer’s reservation has been confirmed with his/her
$100.00 deposit as specified above, all monies are non-refundable. If Customer
notifies Sunset Campfires of California LLC within 2 weeks of check-in time, Sunset
Campfires of California LLC may apply the 50% deposit to another day and time
without any penalties. Reservations may only be changed once and penalties may
apply. Full payment of Customer’s order is due Four (4) days prior to delivery and no
refunds will be made after Customer’s final payment is received.
24. Termination. This Agreement shall terminate on the date specified in Section
3. Sunset Campfires of California LLC reserves the right to terminate this Agreement
earlier upon notice to Customer. In event of termination all outstanding fees owed
to Sunset Campfires of California LLC shall be due immediately. Termination shall not
excuse Customer from paying any outstanding fees under this Agreement.
25. Severability. In the event any provision of this Agreement is held by a court or other
tribunal of competent jurisdiction to be unenforceable, that provision will be
enforced to the maximum extent permissible under applicable law, and the other
provisions of this Agreement will remain in full force and effect. The parties further
agree that in the event such provision is an essential part of this Agreement, they
will begin negotiations for a suitable replacement provision.
26. Entire Agreement. This Agreement represents the entire understanding relating to
the subject matter hereof and prevails over any prior or contemporaneous,
conflicting or additional communications. This Agreement can only be modified by a
written amendment signed by the party against whom enforcement of such
modification is sought.
27. Assignment. Customer may not, without the prior written consent of Sunset Campfires of
California LLC, transfer or assign this Agreement or any part thereof. Any attempt to do so
shall be a material default of this Agreement and shall be void.
28. Headings. Paragraph headings used in this Agreement are for reference only and
shall not be used or relied upon in the interpretation of this Agreement.
29. Counterparts. This Agreement, and any amendment thereof, may be executed in
two or more counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same document.
30. Attorney Fees. In the event of any suit or action to enforce this Agreement, the
prevailing party is entitled to recover, in addition to other litigation costs, reasonable
attorney fees in connection with the suit, action, or arbitration, and in any appeal.
31. Governing Law and Attorney Fees. The interpretation and construction of this
Agreement, and all matters relating hereto, shall be governed by the laws of the
State of California applicable to agreements executed and to be performed solely
within such State. The parties hereby submit to the jurisdiction of, and waive any
venue objections against, the United States District Court for the Central District of
California, Orange County Branch and the Superior and Municipal Courts of the State
of California, Orange County in any litigation arising out of this Agreement. This
Agreement will not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is expressly excluded. The
prevailing party shall be awarded its reasonable attorney’s fees and costs in any
lawsuit arising out of or related to this Agreement.
32. Miscellaneous. Headings at the beginning of each section and subsection are solely
for convenience and are not intended to be a part of this Agreement and shall have
no effect upon the construction or interpretation of any part hereof. Whenever
required by the context of this Agreement, the singular shall include the plural and
the masculine shall include the feminine, and vice versa. This Agreement shall not
be construed as if it had been prepared by either party, but rather as if it were
jointly prepared. In the event that any action required by the parties hereto does
not occur on a business day, the action shall be taken on the next succeeding
business day thereafter. The parties hereto do not intend to confer any benefit
hereunder on any person or entity other than the parties hereto and, therefore,
there are no third-party beneficiaries to this Agreement. The Exhibits and related
Appendices to this Agreement constitute integral parts of this Agreement and are
hereby incorporated into this Agreement by this reference.
By checking the box, Customer accepts and agrees to be bound by the preceding terms and