Terms of Service

KOAT.IO, Inc. dba SIMPLSURF (“we” or “us”) provides you, and, if applicable, your Affiliates, access to our website and other sites made available by us (collectively, the “Site”) and our products and services (together, with the Site referred to herein as the “Services”). Your use of the Services is subject to your acceptance and compliance with these Terms of Use (“Terms”). If you do not agree to these Terms, do not use the Services. Each time you access or use the Services, the current version of these Terms will apply.

1. Definitions

Affiliate means (x) an entity’s officers, directors, employees, independent contractors, or other authorized agents, or (y) any entity or person that directly or indirectly controls the transactions of another party, including the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities, written voting rights agreements, written agreement, title, or other influence.

Listing or Rental, means a Space that is listed by a Host as available for rent via the Services.

Member means a person who agrees to our Terms, including but not limited to Hosts and Renters.

Member means a person who agrees to our Terms, including but not limited to Hosts and Renters.

Reservation means a Space that has been requested by a Renter and confirmed by the Host.

Rental Price means the fee charged for a Renter’s rental of the Host’s Space.

Renter means a Member who requests from a Host a rental of a Space via the Services.

Service Charge means the fee that we charge a Renter for the use of the Services, as displayed when requesting a booking.

Space means a storage or parking space, facility, or any other non-residential space for rent.

Total Price means the Rental Price plus the Service Charge plus any taxes.Cancellation refers to cancelling or stopping a confirmed or active rental.

2. About the Services; No Endorsement

The Services are comprised primarily of an online platform that connects Hosts with Renters, which platform is accessible on the Site.Please carefully read the following statements with regards to our relationships with Members:Members are not our employees or agents, and we are not involved in agreements between Members and may not be held liable for the actions or omissions of any Members.Members are required to provide accurate information. Although we may, for transparency or fraud protection purposes, directly or through third parties, ask Members to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

While we take commercially reasonable efforts to verify that our Members have submitted accurate personal information, where appropriate, we do not make any warranty, guarantee, or endorsement of any Member. Any reference in the Services to a Member being “verified” (or similar language) only indicates that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by us about any Member, including such Member’s identity and whether a Member is reliable, trustworthy, or safe. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent property from a Host or to a Renter. We are not responsible for any damage or harm resulting from your interaction with other Members.

If the Services provide a mechanism for Members to review one another, such reviews do not constitute a guarantee, warranty, or prediction of quality. You use or rely on such reviews at your own risk.

3. Registration and Accounts

You may use our Services only if you are at least the age of majority in the jurisdiction in which you reside. If you are using the Services on behalf of an entity, (i) you represent and warrant to us that you are authorized to bind such entity to these Terms and (ii) you acknowledge and agree that your use of the Services binds such entity to these Terms.

When you register for an Account, you agree to these Terms and further agree to (i) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address or phone number) and (ii) maintain and update your information (including your email address or phone number) to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, you will have materially breached this Agreement, and we reserve the right to terminate this Agreement and your use of the Services.

WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER.

OWNERS WHO RECEIVE RESERVATIONS THROUGH THE SERVICES MUST RECEIVE PAYMENT THROUGH THE SERVICES RELATING TO THOSE RENTERS. WE WILL TERMINATE AN OWNER’S ACCESS TO AND USE OF THE SERVICES IF THE OWNER IS FOUND TO BE ACCEPTING PAYMENT OUTSIDE THE SERVICES FOR RENTERS FOUND THROUGH THE SERVICE.

4. Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, and availability of the Space and related terms. In order to be featured in Listings on the Site, all Spaces must have valid physical addresses. Listings will be made public on the Services. You acknowledge and agree that the placement or ranking of Listings on the Services may depend on a variety of factors.Other Members will be able to book your Space via the Services based upon the information provided in your Listing. You understand and agree that once a Renter has requested a booking of your Space, you may not request the Renter to pay a higher price than in the booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking, or a Renter’s rental of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for a Host’s compliance with or any agreements with or duties to third parties, applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

If you are a Host, you understand and agree that we do not act as an insurer or as your contracting agent. If a Renter requests a booking of your Space and rents your Space, any agreement you enter into with such Renter is between you and the Renter and we are not a party to such agreement.

We require that Hosts obtain appropriate insurance for their Spaces. Please review any insurance policy you may have for your Space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including whether your insurance policy will cover property owned by Renters. Renters should not store any valuable property or confidential information in any Space. Renters should not store any illicit drugs, weapons, flammable materials or objects, or other dangerous materials in any Space.

SIMPLSURF Inc. encourages the storing of surfboards. This includes items used for recreational surfing but is not limited to surfboards, stand-up boards and associated apparel such as wetsuits.

As per SIMPLSURF Inc. company policy, a 24-hour notice is required for all reservations. However, exceptions may be made on a case by case basis. If a renter is not able to give SIMPLSURF or the host a 24-hour notice prior to move in, and would like to do a “same day” move in, then that renter agrees to pay an additional deposit equivalent to one month’s rent, which will be refunded within 30 days upon completion of the reservation. This refundable deposit must be obtained by SIMPLSURF and its third-party payment processor “Stripe” prior to move in. SIMPLSURF Inc. reserves the right to make exceptions to these policies in the best interest of its “Hosts” and SIMPLSURF Inc. renters agree to adhere to any polices set forth by SIMPLSURF Inc. and its associated “Hosts” in regards to the 24 hour move-on policy.

We also recommend that Renters obtain appropriate insurance for any possessions stored in a Space. Please review any insurance policy you may have for such possessions carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including whether your insurance policy will cover property stored in a Space.

5. Intellectual Property

Except as expressly provided herein, the Services are protected by Intellectual Property Rights and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant you any express or implied right to use the Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any of the Services except as expressly provided herein. In addition, you agree not to take any action that may infringe on our Intellectual Property Rights. Do not remove, obscure, or alter any legal notices displayed in or along with the Services.

6. General Payment Terms

We will charge the Renter the Total Price at the time the rental period begins. If a Reservation is for longer than one month, we will charge the Total Price applicable for the first month on the check-in date of the reservation and continue to charge the Total Price applicable for subsequent months in 30-day increments starting with the date the rental for such Reservation began.

If your Account is delinquent, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third-party charges. Charges for late payments will be as follows:

In the event of an eviction or non-payment, SIMPLSURF may continuously try to charge the card on file for the following 6 months. In rare cases SIMPLSURF may take tenants to court to recoup losses. SIMPLSURF may also charge additional fees for labor and hours required to collect payments or evict renters.

7. Payment Terms for Hosts

If you are a Host and a booking is requested for your Space via the Services, you will be required to either confirm or reject the booking request within the Booking Request Period, or the booking request will expire. When a booking is requested for your Space, we will share the requested check-in and check-out dates, Renter name, and the calculated Rental Price and Service Charge with you.

When you confirm a booking request, we will send you an electronic notification confirming the Reservation. We will initiate payment of the Rental Price, less the Service Charge and any taxes thereon, to the Host via a payment method as described on the Services, depending on the selections you make on the Services; provided, however, that in the event a Reservation is for more than one month, we will process the payments for each month separately when payment is received from the Renter. Our obligation to pay you is contingent upon and subject to our receipt of the Total Price from the Renter. We may use third party payment processors, including Stripe, which such processors may impose their own additional charges for use of their services on the Host, including by deducting their charges from the payment amount.

If you owe or agree to pay us any amount, you authorize us to withhold the amount owing to us from any payout amounts we may owe to you as a Host and to setoff the amount you owe to us.

If you are a Host, you appoint us as your limited collection agent solely for the purpose of accepting the Rental Price from Renters. You agree that payment made from a Renter to us will be considered the same as a payment made directly to you as the Host, and that you will make the Space available to the Renter in the agreed-upon manner as if you had received the Rental Price. You agree that we may, in accordance with the terms of your Listing, permit a Renter to cancel a booking and refund a portion of the Rental Price to the Renter pursuant to the applicable cancellation policy. Our obligation to pay a Host is subject to and conditional upon successful receipt of associated payments from Renters. In accepting appointment as the limited authorized agent of the Host, we assume no liability for any of the Host’s acts or omissions.

Payment processing services for Hosts and Renters on the Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Host or Renter on the App, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Site enabling payment processing services through Stripe, you agree to provide the Site with accurate and complete information about you and your business, and you authorize the Site to share it and transaction information related to your use of the payment processing services provided by Stripe.

8. Payment Terms for Renters

If you are a Renter, you acknowledge and agree that Hosts, and not us, are solely responsible for honoring any confirmed bookings and making available any Spaces reserved through the Services. If you, as a Renter, choose to enter into a transaction with a Host for the booking of a Space, you acknowledge and agree that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Space imposed by the Host. You acknowledge and agree that you, us, will be responsible for performing the obligations of any such agreements, that we is not a party to such agreements, and that, with the exception of our payment obligations hereunder, we disclaim all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that we are not a party to the agreement between you and the Host, we act as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Price to us, your payment obligation to the Host for the Rental Price is extinguished, and we are responsible for remitting the such fees (less the Service Charge and any taxes thereon), in the manner described in these Terms. In the event that we do not remit any such amounts as described in these Terms, such Host will have recourse only against us.

The Total Price, comprised of the Rental Price and the Service Charge will be displayed to a Renter before the Renter sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the Reservation within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a Reservation is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by us will be refunded to such Renter, depending on the selections the Renter makes via the Site and Application, and any pre-authorization of such Renter’s credit card will be released, if applicable.

You as a Renter agree to pay us for the Total Price for any booking requested in connection with your Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that we, on behalf of the Host, reserve the right, in our sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Price, or the Total Price applicable for the first month of the booking, whichever is less, or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), in the currency in which you are transacting, to verify your credit card. As a general rule, we will collect the Total Price due once we receive confirmation of your booking from the applicable Host; if necessary, the Total Price may instead be collected at a later point. Please note that we cannot control any fees that may be charged to a Renter by your bank related to our collection of the Total Price, and we disclaim all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment processor(s). You agree to pay us for any Reservations made in connection with your Account in accordance with these Terms by one of the methods described on the Services, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to our third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Payment processing services for Hosts and Renters on the Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Host or Renter on the App, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Site enabling payment processing services through Stripe, you agree to provide the Site with accurate and complete information about you and your business, and you authorize the Site to share it and transaction information related to your use of the payment processing services provided by Stripe.

9. Cancellations

SIMPLSURF’s cancellation policies are put in place to protect both guest and host alike. Spaces may or may not require a deposit. Any reservation that requires a deposit will be clearly stated in the listing. If a space does require a deposit the renter agrees to authorize the deposit amount upon confirmation of the rental by the host.

SIMPLSURF rental fees (the total monthly rate you’re charged) are refundable in certain circumstances as outlined below.

If there is a complaint from either party, notice must be given to SIMPLSURF within 48 hours of check-in.

SIMPLSURF will mediate when necessary, and has the final say in all disputes. In the event a third-party contract has been signed by both the host and renter, SIMPLSURF will not assist in the execution of that contract.

48 Hours BeforeFor a full refund, cancellation must be made a full 48 hours or more, prior to listing’s check in date. All SIMPLSURF rentals start at 12:00A.M. PST on the check-in date of the reservation.

Within 48 HoursIf a renter cancels a confirmed reservation within 48 hours before the reservation start date, they will be refunded 75% of the rental deposit. If no deposit is in place, SIMPLSURF may try to charge the renter 25% of the listing price in certain cases.

Check-In DateIf a renter cancels an active reservation or a reservation that has already started, renters will not be refunded the first month’s rent except in the case of a host cancellation. Renters will be refunded their deposit upon completion of their rental (if applicable) and the remainder of their rental will be cancelled.

If you, as a Host, cancel a confirmed booking, you acknowledge and agree that we may apply penalties or consequences to you or your Listing, in our sole discretion, including the imposition of a cancellation fee, which we may charge to the credit card on file in your Account. If your Renter cancels a confirmed booking and we issue the Renter a refund in accordance with applicable cancellation policies, you agree that in the event you have already been paid we are entitled to recover the amount of any such refund from you, including by subtracting the refund amount from any other amounts due to you or by charging the credit card we have on file in your Account.

10. Limitation of Liability

IN NO EVENT SHALL WE, OUR DIVISIONS, SUBSIDIARIES AND AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE OR THE SERVICES; (ii) ANY DEALINGS WITH OTHER MEMBERS; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES; (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (vii) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE OR THE SERVICES.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL THE TOTAL LIABILITY OF US AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE, AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A RENTER IN THE TWELVE MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY US TO YOU IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to hold us, our divisions, subsidiaries, and Affiliates, and our and their respective officers, directors, partners, employees, shareholders, members, managers, owners, and agents harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of: (i) your access to, reliance on, use, purchase, or, as applicable, consumption of the Site or Services (including any use by your employees, contractors, customers, agents, or clients and all uses of your account numbers, user names, and passwords, whether or not actually or expressly authorized by you, in connection with the Services); (ii) your connection to the Services; (iii) your violations of these Terms or your breach of any representation or warranty made herein; (iv) your infringement of any third party’s Intellectual Property Rights when using the Site; (v) your violation of any rights of any third party; (vi) any dealings or interactions between you and any other Member; or (vii) your access to or use of any sites linked to the Site or the Services.If you have a dispute with one or more Members, you release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

12. User Content

The Services may include interactive areas in which you may post content and information, (collectively, the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to the Services except as hereinafter described. You are also solely responsible for your use of such interactive features, and use them at your own risk. We reserve the right to remove or modify User Content for any reason in our sole discretion.

When you post User Content to the Services, you give us and our Affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a Member profile on the Services, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

13. Applicable Law and Venue

The laws of the State of California, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state courts located in San Francisco County, California, or the federal courts located in the City and County of San Francisco, California, and you and consent to personal jurisdiction and exclusive venue in such courts.

14. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.

15. Electronic Notices

We use email and electronic means to stay in touch with our Members. You consent to receive communications from us in electronic form via the email address you submit upon registration or via the Services and further agree that all Terms of Use, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Communications made through email or the Services do not constitute legal notice to us or any of our Affiliates. All legal notices hereunder shall be in writing and delivered to:

SIMPLSURF Inc., 2222 Harold Way, Berkeley, CA 94704

16. Limitation of Term of Action

You agree that any cause of action related to or arising out of your relationship with us must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

17. Waiver, Severability, and Assignment

Our failure to enforce a provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. We may assign our rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

18. Disclaimer of Warranties

We provide the Services “as is” and without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Specifically, we make no representation or warranty that the information we provide or that is provided through the Services is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content, or other material obtained from the Services. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

19. Arbitration

Should a dispute arise between you and us, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration. The party electing arbitration must initiate it through the American Arbitration Association (“AAA”). The AAA and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

20. Class Action Waiver

YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 20 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

21. Hold Harmless

Renter acknowledges that it has been advised that the storage of any surfboard in the Host’s surfboard lockers is solely at their own risk. Renter hereby expressly assumes full responsibility for any and all damage to any personal items, or the loss of any personal item stored in Renter’s assigned locker, and agrees and covenants and holds Host and SIMPLSURF Inc., its employees and its Board of Directors harmless from any claims arising from said damage or loss.

22. Renter Waiver of Liability

By signing this agreement, I, a Renter, hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE SIMPLSURF Inc., their subsidiaries/affiliates, respective agents, directors, officers, owners, contractors, and employees or Hosts (hereinafter referred to as “RELEASEES”) from and and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, or medical expenses or related costs that may be sustained by any guests or related to any activity or to any property belonging to a SIMPLSURF Inc. or a Host.