Beachside Management LLC Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Beachside Management, LLC (“Beachside”) that govern your use of the platform.

1. Guest Terms
   - Searching for accommodations, booking, and cancellation policies.
   - Reservation issues and refunds.
   - Guest responsibilities during stays.

2. General Terms
   - Policies on reviews and member content.
   - Platform fees and termination.
   - Dispute resolution and limitations on liability.
   - Indemnification and governing law.

For detailed information, please refer to the Beachside Terms of Service.

Section 17 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Beachside in the United States. Please read them carefully.

Last Updated: Jan 30th, 2026

Thank you for using Beachside!

These Terms of Service (“Terms”) are a binding legal agreement between you and Beachside Management, LLC (“Beachside”), that govern the right to use the websites, applications, and other offerings from (collectively, the “Beachside Platform”). When used in these Terms, “Beachside,” “we,” “us,” or “our” refers to Beachside Management, LLC, a Florida Limited Liability Corporation, with whom you are contracting.

The Beachside Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”). As the provider of the Beachside Platform, Beachside (or its affiliates) does not own or control the property listings. Beachside is not a party to any contracts entered into directly between Hosts and Guests, nor is Beachside a real estate broker, travel agency, or insurer. Beachside is not acting as an agent in any capacity for any Member, except as expressly provided otherwise in writing.

We maintain other terms and policies that supplement these Terms, like our Privacy Policy, which describes our collection and use of personal data (collectively "Beachside Policies").

1. Guest Terms

1.1 Searching for Accommodations

You can explore available Host Services using search criteria such as listing type, destination, travel dates, number of guests, and more. Additional filters are available to narrow your results. Search rankings are based on factors including relevance to your query, price, availability, reviews, customer service and cancellation history, prior bookings, saved listings, Host requirements (e.g., minimum or maximum stays), and other signals.

1.2 Booking a Listing

When you book a Listing, you agree to pay the full amount shown at checkout, which includes the listing rate, applicable taxes, Beachside’s service fees, and any other charges (collectively, the "Total Price"). If you pay in a currency different from that set by the Host, the displayed amount reflects a conversion rate determined by Beachside.

By completing a booking, you authorize Beachside to charge the payment method provided, including for any future Damage Claims as defined in Section 9. Upon confirmation, a binding contract (a "Reservation") is formed directly between you and the Host. This agreement includes these Terms, the Cancellation Policy, and any rules, policies, or requirements noted in the listing or during checkout. It is your responsibility to review all applicable terms prior to booking.

1.3 Use of Accommodations

Your Reservation grants you a limited, temporary license to access and use the accommodation. Hosts retain the right to enter the property during your stay when reasonably necessary, as allowed under your agreement and local law. If you remain beyond the designated checkout time, the Host may remove you in accordance with the law and impose reasonable overstay penalties. You are not permitted to exceed the maximum guest limit listed.

2. Cancellations, Refunds, and Booking Modifications

2.1 Cancellations, Reservation Issues, and Refunds

If you choose to cancel a Reservation, the amount refunded will be based on the Cancellation Policy associated with that Reservation. However, in certain situations—such as those involving unexpected, large-scale events—other policies may apply. For instance, if a circumstance beyond your control prevents travel, you may be eligible for a full or partial refund under our Major Disruptive EventsPolicy.

If your Host cancels or you encounter a Reservation Issue (as defined in our Rebooking and RefundPolicy), you may qualify for rebooking assistance or a refund. These cases are evaluated under the Rebooking and RefundPolicy, and decisions can be appealed by contacting Beachside Customer Service.

2.2 Booking Modifications

Guests are responsible for any modifications to their booking made through the Beachside Platform or through instructions provided to our customer service team. You agree to cover any added costs, fees, or taxes that result from a booking modification. A modification becomes valid only once Beachside provides written confirmation.

3. Responsibilities and Assumption of Risk

3.1 Guest Responsibilities

You are responsible for your actions and the actions of anyone you invite or allow access to the accommodation, including use of any shared or common areas associated with the property. This includes:

Leaving the accommodation and any property or common areas in the condition you found them,
Paying for any damages or losses caused by you or your invitees,
Acting with honesty and respect toward others, and
Complying with all applicable laws, rules, and community guidelines.

If you book or travel with a minor, you must be legally authorized to do so and are solely responsible for their supervision throughout the stay.

3.2 Assumption of Risk

You acknowledge and accept that travel and participation in Host Services involve inherent risks. To the fullest extent permitted by law, you assume full responsibility for these risks, including the risk of illness, personal injury, disability, or death. It is your responsibility to assess the suitability of a listing or Host Service for your personal circumstances. By booking or participating, you accept these risks voluntarily and knowingly.

4. Reviews and User Content

4.1 Reviews

After completing a Host Service, both Guests and Hosts may submit a review of each other. Reviews must be truthful, respectful, and must not contain any content that is discriminatory, offensive, defamatory, or otherwise violates these Terms, applicable law, or our Content Policies.

Beachside reserves the right to moderate, remove, or restrict Reviews that are found to violate our policies or standards.

5. Fees.

Beachside may charge service fees, including applicable taxes, to both Hosts and Guests for use of the Platform. Details regarding when these fees apply and how they are calculated will be provided at the time of booking.

All applicable fees will be clearly disclosed to Guests before confirming a booking. Unless otherwise stated on the Beachside Platform, service fees are non-refundable.

Beachside reserves the right to update or modify service fees at any time. Members will be notified of any changes before they take effect. Changes to fees will not apply retroactively to bookings confirmed before the effective date.

6. [Reserved for future use]

7. Termination, Suspension, and Other Actions

7.1 Term of Agreement

These Terms take effect when you first access the Beachside Platform and remain in force until terminated in accordance with this section.

7.2 Termination by Beachside

Beachside may terminate this agreement immediately and without prior notice if you:

Violate these Terms, any of our Policies, or applicable laws;
Pose a risk to the safety or rights of Beachside, its Members, or third parties;

Upon termination, your access to the Platform will be revoked, and any pending or future bookings may be canceled.

7.3 Violations and Enforcement Measures

If Beachside determines that you have breached these Terms, violated our Policies or Standards, broken the law, or otherwise present a risk, we may take any of the following actions—with or without prior notice:

Restrict or suspend your access to the Platform;
Remove or limit visibility of Listings, Reviews, or other Content;
Cancel pending or confirmed Reservations;
Revoke badges or statuses.

For less severe issues, Beachside may offer you an opportunity to resolve the matter before enforcement action is taken. You may appeal any enforcement action by contacting our customer support team.

7.4 Compliance with Legal Obligations

Beachside may take any actions it reasonably deems necessary to comply with applicable laws, regulations, or valid requests from courts, law enforcement, regulatory authorities, or other governmental agencies. This may include any of the enforcement measures described in this Section.

7.5 Survival

Any provisions of these Terms that are intended to survive termination—either by their nature or as explicitly stated—will continue to apply after this agreement ends. This includes, but is not limited to, Sections 1 through 18.

8. Modification.

Beachside may update or modify these Terms at any time. If we make material changes, we will:

Post the revised Terms on the Beachside Platform and update the “Last Updated” date at the top of the document.
Provide notice at least 30 days in advance using your selected contact method (e.g., email, platform notification, or messaging service).

Continued access to or use of the Beachside Platform after the effective date of the updated Terms will constitute your acceptance of the changes

9. Damage Claims.

In accordance with the Host Damage ProtectionPolicy, if another Member submits valid evidence that you, your guest(s), or pet(s):

Damaged property belonging to them or the accommodation owner (if different from the Host), or property for which they are responsible or have a financial interest;
Caused financial losses, including lost booking income or other direct damages resulting from the property damage described above; or
Incured excessive cleaning costs that go beyond the standard cleaning fee—

(collectively referred to as a “Damage Claim”), they may notify Beachside and seek compensation.

As provided in the Host Damage ProtectionPolicy, you will be informed of any Damage Claim and given a chance to respond. If you agree to resolve the claim, or if Beachside determines in its sole discretion that the claim is valid and you are responsible, Beachside may charge the amount from your payment method on file.

You also agree that Beachside may:

Seek reimbursement through any applicable insurance policies you hold;
Take legal action, including referral to a collections agency, to recover unpaid amounts.
Seek any other legal remedy available.

You are expected to cooperate in good faith with Beachside during the resolution of any Damage Claim, including by providing requested information, signing documents, and taking any reasonable steps needed to support the process.

10. Role of Beachside

Beachside provides a platform that enables Members to list, offer, search for, and book Host Services. While we strive to create a safe and reliable experience for all users, we do not—and cannot—guarantee or control the actions of Guests or Hosts.

You acknowledge that Beachside (or its affiliates) has the right, but not the obligation, to monitor activity on the Platform and to verify information submitted by Members. For example, we may review, remove, edit, or restrict access to Content in order to:

Operate, protect, and improve the Beachside Platform (including for fraud prevention, risk management, investigations, and customer support);
Enforce these Terms and ensure Member compliance;
Comply with applicable laws, legal orders, or governmental requests;
Address Content that is harmful, misleading, or otherwise objectionable;
Uphold platform integrity, including through the enforcement of quality and eligibility standards.

Beachside retains sole discretion in applying and interpreting its Policies, such as the Major Disruptive Events Policy, and Standards, and determining how and when they apply in specific situations.

Members agree to cooperate in good faith with Beachside during investigations or reviews related to platform use. This includes providing requested information, executing documents, and taking reasonable actions to assist with compliance or enforcement processes.

11. Use of the Platform.

To access and use many features of the Beachside Platform, you warrant and represent that you are 18 years or older, and to legal entities or partnerships that can form binding contracts under applicable law.

By using the Beachside Platform, you represent and warrant that:

You meet the age and legal eligibility requirements;
You are not prohibited from using the Beachside Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction.

You must provide accurate, current, and complete information during registration and keep your booking details up to date. You may not transfer your booking to anyone else.

You are responsible for:

Maintaining the confidentiality and security of any information provided via the Beachside Platform;
Ensuring that your booking accommodation is used only by you;
All activity that occurs through your booking accommodation, whether authorized or not.

If you believe information relating to any booking accommodation has been compromised—due to loss, theft, or unauthorized use—you must notify Beachside immediately.

Where permitted by law, Beachside may (but is not obligated to):

Request identification or additional information;
Conduct background or identity checks;
Compare your information against public databases;
Obtain reports related to criminal convictions or sex offender registries or their local equivalents.

12. Disclaimer of Warranties.

The Beachside Platform and all related Content are provided “as is” and without warranties of any kind, express or implied. To the fullest extent permitted by law, Beachside and its affiliates disclaim all warranties, including but not limited to:

The performance, safety, legality, suitability, accuracy, or availability of any Guest, Host, Host Service, Listing, or third party;
Continuous, uninterrupted, or error-free operation of the Beachside Platform;
The effectiveness or comprehensiveness of any identity, background, or verification checks (if conducted at all).

Any designation of a Member or Listing as “verified” (or similar language) simply means that a particular verification or identification process has been completed. It does not imply endorsement, certification, or a guarantee of reliability or safety.

These disclaimers apply to the maximum extent allowed by law. If applicable laws grant you rights or warranties that cannot be waived, their duration will be limited to the shortest period permitted under those laws.

13. Limitation of Liability

To the fullest extent permitted by law, Beachside, including its affiliates, officers, employees, and any party involved in the development, operation, or delivery of the Beachside Platform or its Content, shall not be liable for any indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to:

Loss of profits, revenue, data, or goodwill
Service interruptions or system failures
Computer or device damage
The cost of substitute products or services
Personal injury, property damage, or emotional distress

These limitations apply to claims arising from or related to:

These Terms;
Your use of, or inability to use, the Beachside Platform or its Content;
Interactions, communications, or meetings with others resulting from your use of the Platform;
Publishing, reserving, or providing Host Services through the Platform.

This limitation applies regardless of the legal theory (e.g., contract, tort—including negligence—product liability, warranty) and even if Beachside was advised of the possibility of such damages or if a limited remedy fails its essential purpose.

14. Indemnification.

To the fullest extent permitted by law, you agree to indemnify, defend (at Beachside’s option), and hold harmless Beachside, its affiliates, and their respective employees, officers, and agents, from and against any claims, liabilities, damages, losses, and expenses—including reasonable legal and accounting fees—arising out of or in connection with:

Your breach of these Terms, including any additional terms, policies, or standards that apply;
Your misuse of the Beachside Platform;
Your interaction with any Member, participation in a Host Service, or stay at an Accommodation, including any resulting injury, loss, or damage (whether direct, indirect, incidental, or consequential);
Your failure—or Beachside’s failure at your direction—to properly report, collect, or remit any taxes; or
Your violation of any law, regulation, or third-party right, including intellectual property or privacy rights.

You agree to cooperate in good faith with Beachside in the defense of any such claim.

15. [Reserved for future use].

16. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 17 must be brought solely and exclusively in the Twelfth Judicial Circuit, Sarasota County, Florida (the “State Court”). You and we both consent to venue and personal jurisdiction in State Court.

17. United States Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND BEACHSIDE AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

This Arbitration Agreement supersedes all prior versions.

17.1 Application.

This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Beachside in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 17 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

17.2 Overview of Dispute Resolution Process.

Beachside is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 17 applies: (1) an informal negotiation directly with Beachside’s customer service team (described in paragraph 17.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Beachside each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

17.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.

At least 30 days prior to initiating an arbitration, you and Beachside each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice") and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to Beachside by mailing it to Beachside’s agent for service: Front Desk Manager at 5700 Midnight Pass Rd. Suite 1, Siesta Key, FL 34242. Beachside will send its Pre-Dispute Notice to the email address associated with your Beachside booking. A Pre-Dispute Notice must include: the date, your name, mailing address, your Beachside username, the email address you used to book any accommodation, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 17.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

17.4 Agreement to Arbitrate.

You and Beachside mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Beachside Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Beachside agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Beachside agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 17, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

17.5 Exceptions to Arbitration Agreement.

You and Beachside each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 17): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Beachside Platform or Host Services. You and Beachside agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

17.6 Arbitration Forum Rules and Governing Law.

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules") (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and Beachside shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Beachside may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

17.7 Modification of Arbitration Rules - Arbitration Hearing/Location.

In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in Sarasota County, Florida, except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

17.8 Modification of Arbitration Rules - Arbitration Fees and Costs.

Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Beachside with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Beachside will pay your share of any arbitrator fees.

17.9 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement.

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

17.10 Arbitrator’s Decision.

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

17.11 Jury Trial Waiver.

You and Beachside acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

17.12 No Class Actions or Representative Proceedings.

You and Beachside acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

17.13 Mass Action Waiver.

You and Beachside acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Beachside agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 16 and 17.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Beachside from participating in a mass settlement of claims.

17.14 Modification of Arbitration Rules – Mass Action Batching Requirements.

If for any reason, notwithstanding Section 17.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the foregoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 21 and 22.12 of these Terms.

17.15 Modifications of Arbitration Rules - Offers of Judgment.

At least 10 days before the date set for the arbitration hearing, you or Beachside may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be offered or used as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

17.16 Severability.

Except as provided in Section 17.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

17.17 Amendment to Agreement to Arbitrate.

If Beachside amends this Section 17 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Beachside username, the email address you used to set up your Beachside booking, your signature, and an unequivocal statement that you want to opt out of the amended Section 17. You must either mail your notice to this address: 5700 Midnight Pass Rd. Suite 1, Siesta Key, FL 34242, Attn: Arbitration Opt-Out, or email the opt-out notice to: [email protected]. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Beachside (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Beachside.

17.18 Survival.

Except as provided in Section 17.12 and subject to Section 7.5, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Beachside Platform or terminate your Beachside booking.

18. Miscellaneous

18.1 Incorporated Policies and Terms

The following policies are incorporated by reference and form part of your agreement with Beachside: Payment Terms ofService, Host Damage ProtectionPolicy, Rebooking and RefundPolicy, Cancellation Policy, Content Policy, NondiscriminationPolicy, Major Disruptive EventsPolicy, and any additional policies, standards, or terms linked within these Terms. Your use of the Beachside Platform is subject to all such documents.

18.2 Interpretation

Unless supplemented by additional agreements, disclosures, or product-specific terms, these Terms represent the entire agreement between you and Beachside governing your use of the Platform. They replace any prior oral or written understandings between you and Beachside.

These Terms do not grant any rights to third parties. If any provision is held to be invalid or unenforceable, that portion will be removed and the remainder will remain in full force and effect. The word “will” is used in these Terms to indicate a binding obligation, equivalent to “shall.”

18.3 No Waiver

Failure by Beachside to enforce any part of these Terms shall not be interpreted as a waiver of that right or provision unless confirmed in writing. Exercising any remedy under these Terms does not prevent Beachside from pursuing other available remedies.

18.4 Assignment

You may not assign, delegate, or transfer these Terms or any rights or obligations under them without Beachside’s prior written consent. Beachside may freely assign, transfer, or delegate this agreement with 30 days’ notice.

18.5 Notice and Communication

Unless otherwise stated, Beachside will provide notices electronically via email, in-platform notifications, or other communication methods you’ve enabled. Notices related to bookings or listings sent through these methods satisfy any applicable legal requirements for written notice.

18.6 Third-Party Services

The Platform may contain links to third-party websites, applications, or services (“Third-Party Services”), which are governed by their own terms and privacy policies. Beachside is not responsible for and does not endorse any Third-Party Services.

18.7 Intellectual Property and Platform Content

All intellectual property rights in the Platform—including but not limited to trademarks, software, algorithms, trade dress, and other proprietary content (“Platform Content”)—are owned by Beachside or its licensors. You may not use, reproduce, adapt, publish, or distribute Platform Content unless:

(a) you are the lawful owner, or

(b) such use is expressly permitted under these Terms.

Subject to your compliance, Beachside grants you a limited, non-exclusive, non-transferable, and revocable license to (i) download and use the Beachside mobile app on your personal device(s), and (ii) access and view Platform Content solely for your personal, non-commercial use.

18.8 Force Majeure

Beachside is not liable for any delays or failure to perform caused by events beyond its reasonable control, including but not limited to: acts of God, natural disasters, terrorism, war, civil unrest, governmental orders, pandemics, labor disruptions, or shortages in transportation, energy, or materials.

18.9 Communications (Email & SMS)

You will receive administrative communications related to your booking and activity on the Platform. Promotional communications may also be sent to you, unless you opt out via your notification settings. Message and data rates may apply. By consenting to receive SMS messages in the U.S., you also agree to our SMS Terms.

Disabling certain notifications may prevent you from accessing some promotions or features.

18.10 Contact

For any questions regarding these Terms, please contact us through the support section of the Platform or email us at [email protected].