1. Definitions. “Agreement” means all terms and conditions found in this form and any other forms executed by the Authorized Renter and any Authorized Drivers. “You” and “your” means the person identified as the Renter on the reverse, if any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our”, “us” or “BBS” means Beachfront Buggies and Scooters, LLC. “Authorized Driver” means the Authorized Renter listed by us on this Agreement, provided that such a person has a valid driver's license and is at least 25 years of age. "Additional Driver", if listed on the Agreement with a valid driver's license and at least 18 years of age, is authorized to operate the vehicle with permission of the Authorized Renter, unless the age restriction is changed by us elsewhere in this Agreement. “Vehicle” means the low speed vehicle identified in the Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail flood or fire. “Loss of use” means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired or replaced, times the daily rental rate.
2. The Vehicle, Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. You acquire no title to the vehicle and no one other than BBS may sell or assign the vehicle. You will not repair the vehicle without our consent. The vehicle is in good overall condition, with no apparent defects. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. We shall in no event be liable to you or any Authorized Renter for any matter or cause of action related to any breach of the Rental agreement. You waive all rights and remedies granted to you by the Uniform Commercial Code under what is commonly known as Article 2A.
3. Condition of Return of Vehicle. You must return the Vehicle to the designated location on the date and time specified in the Rental Agreement and in the same condition as when you received the vehicle, except for ordinary wear. If the vehicle has to be returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You may not keep the vehicle longer than thirty days unless you sign a new Rental Agreement. If you fail to do so, you will pay all our expenses and charges, including a delivery fee. You must check and maintain all fluid levels if rented for more than a seven-day period of time and upon instruction from us.
4. Responsibility for Vehicle Damage or Loss; Report to Police. You are 100% responsible for all loss or damage to the Vehicle, whether it is your fault or not, including damage caused by weather, acts of god or terrain conditions. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them and complete an Accident Report. You will deliver to us a legible copy of any service of process, pleading or notice of any kind relating to a claim or suit in connection with any accident involving the Vehicle. However, your responsibility will not exceed those damages expressly permitted by applicable law to this form of agreement.
5. Prohibited Uses of Vehicle.
A. The vehicle may not be used:
1. By anyone other than an Authorized Renter;
2. To push or tow anything;
3. In any race or similar type contest;
4. For any illegal purposes, or in the commission of a crime that could be charged as a felony;
5. While under the influence of alcohol or drugs;
6. To carry persons or property for hire;
7. By anyone who gives us false or misleading information;
8. To intentionally cause damage or engage in grossly negligent conduct;
9. Outside Your geographic driving restriction;
10. On other than a paved or graded road or driveway and are not allowed on bike or pedestrian paths;
11. Within federal or state-owned property without written permission from the proper authority; and,
12. With more than the vehicle’s passenger capacity as stated herein.
B. Any prohibited use of the vehicle violates the Rental Agreement and voids or deprives you of all benefits, protection and optional coverage, if any, to which
you would have otherwise been entitled to under this Agreement. The rental vehicle is a licensed motor vehicle in the State of Florida and all traffic laws of the
State of Florida must be obeyed.
Insurance. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the “Policy”) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required by Florida. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.
7. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including:(a) optional products and services you purchased; (b) any parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $20 for each such charge; (c) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (d) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (e) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (f) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (g) a reasonable fee not to exceed $25 to clean the Vehicle if returned substantially less clean than when rented.
We and the riders will both inspect the vehicles before the vehicle is rented, and upon the return, or pickup of the vehicles.
8. Deposit. We may use your deposit of $150.00 to pay any amounts owed to us under this Agreement. You understand that you will remain liable for charges that exceed your
9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service or delivery vehicles, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10. ASSUMPTION OF RISK. YOU UNDERSTAND THAT THERE ARE POSSIBLE RISKS TO YOURSELF AND OTHERS, INCLUDING THE RISKS OF DEATH, SERIOUS BODILY INJURY, AND PROPERTY DAMAGE THAT MAY BE
ASSOCIATED WITH OPERATING A VEHICLE.
YOU ARE RESPONSIBLE FOR THE SAFETY OF YOURSELF AND ANY GUESTS YOU MAY HAVE ON THE VEHICLE.
YOU HEREBY STATE, THAT TO THE BEST OF YOUR KNOWLEDGE, YOU ARE IN GOOD PHYSICAL AND MENTAL CONDITION, AND UNDERSTAND THE VEHICLE SAFETY PROCEDURES. YOU VOLUNTARILY ASSUME ALL RISK OF
ACCIDENT OR DAMAGE TO YOUR PERSON OR PROPERTY WHICH MAY BE INCURRED FROM OR BE CONNECTED IN ANY MANNER WITH YOUR USE, OPERATION OR RENTAL OF THE VEHICLE
11. RELEASE AND INDEMNIFICATION. YOU HEREBY RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS AND FROM ALL LIABILITY FOR DAMAGE, LOSS OR INJURY (OF WHATEVER KIND, NATURE OR DESCRIPTION) THAT MAY ARISE OUT OF, OR YOU MAY SUSTAIN, IN CONNECTION WITH YOUR USE, OPERATION, OR RENTAL OF THE VEHICLE. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, INCLUDING ATTORNEY’S FEES, EXPENSES AND COSTS, OF YOURSELF OR OF THIRD PARTIES (OF WHATEVER KIND, NATURE OR DESCRIPTION), WHICH MAY ARISE OUT OF, OR IN ANY MANNER CONNECTED WITH, OR CAUSED BY YOUR USE OR BY YOUR GUESTS OR AGENTS, OR OPERATION OR RENTAL OF THE VEHICLE. THIS RELEASE AND INDEMNIFICATION SHALL BE BINDING UPON YOUR HEIRS, ADMINISTRATORS, EXECUTORS, AND ASSIGNS.
12. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must reserve the vehicle again and be approved before riding it beyond the original agreed upon pickup date and time. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
13. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You agree that this Agreement and any dispute arising therefrom, as well as any dispute arising from your operation or use of the Vehicle, shall be determined by the courts of Florida and under the laws of the State of Florida.
Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
THIS RELEASE OF LIABILITY IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES. Please read this document carefully before you sign it. If you do not understand any provision of this Agreement, you should not sign the document until you obtain clarification of the provision you do not understand. You are encouraged to have this document reviewed by your legal representative or by any other advisor you may have before you sign this agreement.
By signing this Release, I certify that I have read this
Release and fully understand it and that I am not relying on any statements or representations made by the Released Parties.
Vehicle is presumed stolen if not returned when due. Authorized Renter’s financial responsibility does not end until vehicle is checked in by BBS. BBS is not responsible for items left in the vehicle.
The valid and collectible Liabiity Insurance and Personal Injury Protection of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by SS.324.021 (7) and 627.736. Florida Statutes.
**Addendum to the Rental Agreement**
(The terms of this Addendum become part of the Rental Agreement.)
The primary renter and authorized additional renters agree to confirm that all passengers are SEATED AND SAFELY BELTED in before the vehicle is put into motion. NO STANDING IN THE CART WHEN IN MOTION OR WHEN PARKED.
The LSV must not be driven over curbs, bike paths or sidewalks. The primary renter and authorized additional renters understand and agree that the rented LSV vehicle must be operated adhering to all normal rules of the road. OFF-ROADING PROHIBITED.
The primary renter and authorized additional renters agree to give the right of way to faster moving traffic when this can be done safely. DRIVE WITHIN THE “CART PATH” WHEN EVER ONE IS AVAILABLE.
The primary renter and authorized additional renters are responsible for maintaining proper weight distribution of their passengers in the cart.
NO DRINKING OF ALCOHOL while operating the LSV.
The primary renter and authorized additional renters are prohibited from wearing any kind of headset for a CD player or walkman cassette or radio device while driving the vehicle. Use of cell phone prohibited while operating the LSV.
The primary renter and authorized additional renters agree that no pets shall be permitted in the LSV.
The primary renter or authorized additional renters understand that they are prohibited from traveling on any roadways that are not marked on the map provided for you by the renting location.
The customer is responsible for maintaining the proper percentage of charge (applies to electric LSVs) so the vehicle can be returned to the renting location.
The primary renter and authorized additional renters accept the responsibility for any charges to their credit card for the recovery of a vehicle that was not able to return to the renting location because of the following:
a) Low charge-(electric LSVs)
b) Vehicle was impounded
c) Any vehicle that required repossession.
The primary renter assumes responsibility for any unpaid parking tickets in addition to any surcharges that may apply.
Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are prima facie evidence of intent to defraud, punishable in accordance with section 812.155, Florida Statutes.
By signing this document, the primary renter and additional renters are attesting that they have read this addendum in full, understand it and agree to the terms of this addendum in addition to all terms on both sides and page three of the attached rental agreement.
Today's Date: November 22, 2019