Website Terms of Use

(PUBLISHED 2-25-2025)
Agreement between User and fcbeach.com website (the “Site”) and is comprised of various web pages operated by Forgotten Coast Beach Co, LLC d.b.a. Forgotten Coast Beach Co (“FC Beach”) and is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of fcbeach.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.

fcbeach.com is an E-Commerce Site.

We provide beach services and rental equipment for customers in Mexico Beach, FL as well as locations in Gulf County, FL. Beach services include beach chair setup and bonfires on the beach.

Links to Third Party Sites/Third Party Services
fcbeach.com may contain links to other websites (“Linked Sites”). The Linked
Sites are not under the control of FC Beach and FC Beach is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FC Beach is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FC Beach of the site or any association with its operators.

Certain services made available via fcbeach are delivered by third party sites and organizations. By using any product, service or functionality originating from the fcbeach domain, you hereby acknowledge and consent that FC Beach may share such information and data with any third party with whom FC Beach has a contractual relationship to provide the requested product, service or functionality on behalf of fcbeach.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
fcbeach.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FC Beach that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FC Beach or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FC Beach content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FC Beach and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FC Beach or our licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by FC Beach from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the FC Beach Content accessed throughfcbeach.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless FC Beach, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FC Beach reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FC Beach in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FORGOTTEN COAST BEACH CO, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FORGOTTEN COAST BEACH CO, LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND.
FORGOTTEN COAST BEACH CO, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL FORGOTTEN COAST BEACH CO, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
FORGOTTEN COAST BEACH CO, LLC OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY

PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
FC Beach reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FC Beach  as a result of this agreement or use of the Site. FC Beach’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FC Beach’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FC Beach with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FC Beach with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FC Beach  with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
FC Beach  reserves the right, in its sole discretion, to change the Terms under which
fcbeach.com is offered. The most current version of the Terms will supersede all
previous versions. Shoreline encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
FC Beach  welcomes your questions or comments regarding the Terms:
 

℅ Philip Steen
Forgotten Coast Beach Co, LLC
236 Campbell Cir
Mt Juliet, TN 37122
pete@fcbeach.com
(850) 273-5930

Effective as of February 19, 2025

Privacy Policy
Your use of fcbeach.com is subject to FC Beach’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting fcbeach.com or sending emails to FC Beach constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen
Shoreline does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use fcbeach.com only with permission of a parent or guardian.

Cancellation Policy

If for any reason you should need to cancel your reservation, Forgotten Coast Beach Co, LLC (“FCBC”) requires a minimum 24-hour cancellation notice from the first day of service to issue a refund (less fees). If you have received our weekly special (purchased five days of service and receive the sixth day free) and you cancel one day, there is no refund as that will be considered the free day. Please note that the weekly special is not offered at all times of the year. The window for cancellation with a refund closes at 5:00PM CST the day before the reservation. For all cancellations, please contact our reservations department. In the event you happen to reach our voicemail, please leave a message with your name, phone number, order number, and the reason for your call so our team can contact you as soon as possible. Standard business hours are from 8:00AM-6:00PM CST, unless otherwise stated, and all calls are returned by the end of the day. If you do not receive a return call, return voicemail, or email confirming the cancellation please assume that your voicemail was not received. Please also send an email of cancellation request to pete@fcbeach.com We do not issue weather-related refunds, and there are no same day cancellations. Hours of operation for beach service are 9:00AM – 5:00PM CST, unless otherwise stated at a specific location. FCBC will do its best to honor all requests to the best of our ability, but we can not make a guarantee of placement. 

No same day refunds for red tide, seaweed, marine pests, loud music, smoking, or any unforeseen issues out of FCBC’s control.

Beach Service: Hours and Breakdown

Our hours of operation for beach service are from 9:00AM-5:00PM CST, unless otherwise stated at a specific location.

At most locations, beach service break-down will begin between 3:30PM-4:00PM CST. Unoccupied sets at this time may be taken down for the day with no guarantee of being set back up. If you are planning to return between 3:30PM-5:00PM CST, please communicate to our office via text. 

Beach Service: Weather and Umbrella Policy

FCBC reserves the right to delay beach service set-up or beach service break-down early due to inclement weather.

FCBC does not issue weather related refunds. If weather is a concern, it is the customer’s responsibility to cancel prior to the reservation start date. This also applies to impending tropical storms or hurricanes for there is not an automatic refund for services not available for these instances.

If the tide rises or recedes and you wish to have the umbrellas moved, please do not attempt to move the umbrellas yourself. Please contact FCBC to receive assistance, if available. There is no guarantee umbrellas can be moved for the remainder of the day.

FCBC reserves the right to close and/or remove umbrellas if weather or wind conditions are unfavorable for safety reasons. Please close the umbrella(s) with inclement weather or when done with the service for the day to avoid potential bodily harm to yourself or others, or loss of or damage to equipment.

Bonfires

If for any reason you should need to cancel your reservation, all cancellations must take place no later than 2:00PM CST on the scheduled date of the bonfire to receive a refund less the $95 standard booking fee. No same day refunds will be offered during red tide conditions. In the event strong weather conditions arise and call for unsafe bonfire conditions, Gulf County Fire Department might suspend bonfires for that evening. If this occurs, the bonfire booking fee is non-refundable unless otherwise stated. If you will be late to your bonfire, meaning you will not be showing up at your scheduled start time, you must inform FCBC so that we can plan accordingly and no additional time will be added. If an hour has passed since your scheduled start time and you have not contacted our team, the bonfire attendant will try to reach out to you via the provided phone number listed on the reservation and if contact is not made, the attendant will begin to break down the bonfire. If we are not informed in advance and our attendant cannot reach you during your allotted time, no refunds will be offered for an early breakdown. For all cancellations please contact our reservations department; cancellations done onsite with a bonfire attendant are not guaranteed a refund. In the event you happen to reach our voicemail, please leave a message with your name, phone number, order number and the reason for your call so our team can contact you as soon as possible. Standard business hours are from 8:00AM-6:00PM CST, unless otherwise stated, and all calls are returned by the end of the day. If you do not receive a return call, return voicemail, or email confirming the cancellation please assume your voicemail was not received. Please also send an email of a cancellation request to pete@fcbeach.com

You must make the decision to reschedule or cancel the bonfire by 2:00PM CST on the schedule day of the event.

If you would like to reschedule, there will be a $45 re-booking fee. Reschedules are subject to availability with no guarantee.

There will be no refunds for bonfire that cannot be setup, for any reason, after the 2:00PM CST deadline. Our team will monitor the weather, but it is the guest’s responsibility to make their decision by 2:00PM CST.

Bonfire terms of service
Customer assumes all risk to personal injury, lost, damaged, or stolen items. Customer is responsible for their guest’s conduct and any items not allowed on the beach. The county and/or have strict rules we must adhere to. These rules will affect our business and jobs if any of the rules are broken. Please take these rules seriously to have the best possible experience with our team and the county code enforcement officers. Rules include: no glass on the beach, no lights on the beach, no exploding items such as confetti, no floating lanterns, no extra fire sources, no food vending on the beach including food delivery services, no fireworks, do not burn anything other than firewood. Fire is hot and must be respected. Please do not get close to the fire or wear loose clothing. Do not place anything in the fire. Please watch all children and keep them away from open flames. Children under the age of 18 must be accompanied by an adult at all times.