TERMS AND CONDITIONS

THE APPLICANT HEREBY ACKNOWLEDGES THAT BY CHECKING THIS BOX, I READ THESE TERMS AND CONDITIONS AND FULLY UNDERSTAND ITS CONTENT AND AM AWARE THAT THE TERMS AND CONDITIONS CONTAINS A RELEASE OF LIABILITY AND IS A CONTRACT FOR A BEACH BOX USER LICENSE.

1. License for use of Beach Box
   
   The Borough is the owner of certain beach storage boxes located on the beach in the Borough of Wildwood Crest hereinafter referred to as the “Licensed Property” or “Beach Box”; the Borough desires to grant to Licensee, a license for the right to use the Beach Box in accordance with the terms and conditions set forth herein.
    
2. Use of Beach Box.

• All property must be removed from the Beach Box by September 13, 2026.
• The Applicant, its invitees, and guests, may only use the Beach Box for storage of beach related items, such as chairs, blankets, umbrellas, boogie boards, toys. Excluded are food, fishing gear and related items, flammable materials.  Applicant shall not be entitled to any credits, offsets or refunds in the event of any beach closings or time periods during which the Beach Box is required to be removed from the beaches or otherwise made unusable due to order of the Borough, natural disaster, state of emergency or other causes. 
• The Borough reserves the right to remove and/or relocate the Beach Box should such removal be necessitated by any activity of the Borough, or in the event of an impending storm or other natural disaster.
• In the event of an impending storm, or other weather-related occurrences such as tidal flooding and beach erosion, it is the obligation of the Applicant to remove all property from the Beach Box at the discretion of the Applicant.
• The Borough is not responsible for any property inside a beach box, loss or damaged due to natural disaster, high tides, hurricanes, rain, wind or vandalism.
• Applicant shall not permit accumulations of any refuse and will remove all trash other refuse from the Beach Box and placed in Borough trash and recycling cans for disposal.
• Applicant shall be responsible for providing their own lock and removal of the lock after the term of this Agreement.
• No alteration of the Beach Box is permitted.
• On or before the expiration of this Agreement, upon its relinquishment by the Applicant, upon revocation by the Borough, or at the end of each summer season, the Applicant shall remove all property from the Beach Box. If the Licensee fails to remove property from the Beach Box (abandoned property), then the abandoned property shall either become the property of the Borough, without payment or compensation, or the Borough may dispose of the property.  The Applicant agrees that the Borough has no obligation to safeguard or care for abandoned property.
• Subletting or transferring of boxes is strictly prohibited and will result in the immediate revocation of the beach box rental with absolutely no refund whatsoever.

3. License.
   
   This License does not convey any interest in any Licensed Property.  It simply authorizes the Applicant to use, for the purposes that are stated herein.  It is understood and agreed that the License shall not be deemed a claim of possession, prescriptive right, easement, or claim of interest, at any time, by Applicant, its successors or assigns, against the Borough. 
    
4. Waiver, Release, Indemnification
   
   The Applicant, on behalf of itself, invitees, guests, heirs and assigns, to the fullest extent permitted by law, hereby WAIVES, RELEASES, AND DISCHARGES the Borough of Wildwood Crest and/or its elected officials, employees, volunteers, representatives, and agents (the “Released Parties”), from any and all liability, including but not limited to, liability and damages arising from the negligence or fault of the Released Parties for property damage, property theft, disability, and personal injury arising from in or in connection with the use of the Beach Box.  Licensee shall further indemnify and hold harmless the Released Parties against all actions, claims, demands, liabilities, and damages that may in any manner be imposed on or incurred by the Released Parties as a result of Applicant’s, its invitees or guests use of the Beach Box. 
    
5. Revocation
   
   This License is revocable in the event the Applicant, its invitees or guests have failed to comply with the terms and conditions of this Agreement.  The revocation is effective upon receipt of written or oral notification to Licensee’s representative.  There shall be no refunds in the case of revocation.
    
6. Miscellaneous

This License shall be effective when all Fees have been paid in full.  The failure of the Borough at any time to insist upon a strict performance of any terms, conditions and covenants herein shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained.  If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this License shall remain in full force and effect.  This License shall be construed according to the laws of the State of New Jersey.  All legal actions commenced under this License shall be brought within the State of New Jersey, Superior Court, Cape May County.  This licensee in not assignable.