RENTAL AGREEMENT, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK
This agreement covers all equipment rented from Tropical Bay Rentals LLC, including electric bicycles (e-bikes), electric tricycles (e-trikes), electric scooters (e-scooters), paddleboards, metal detectors, and beach equipment (chairs, carriers, and accessories).
ASSUMPTION OF RISK: I understand that use of all rented equipment involves significant inherent risks including but not limited to falls, collisions, equipment malfunction, traffic hazards, environmental conditions, and injury or death. I voluntarily and knowingly assume all such risks.
RELEASE OF LIABILITY: To the fullest extent permitted by Florida law, I hereby release, waive, and discharge Tropical Bay Rentals LLC, its owners, officers, employees, agents, and assigns from any and all claims, damages, losses, and expenses of any kind arising out of my use of any rented equipment, including claims arising from the Company’s own negligence.
INDEMNIFICATION: I agree to indemnify, defend, and hold harmless Tropical Bay Rentals LLC from any and all claims, damages, costs, and attorney fees arising from: (a) my use of the equipment; (b) injury to third parties caused by me; (c) property damage caused by me; (d) any violation of law by me; or (e) any misuse or unauthorized use of the equipment.
AGE REQUIREMENTS: I acknowledge and agree to the following age restrictions. Electric Scooters: Florida law sets a minimum riding age of 16. Riders aged 13-15 may only ride under direct parental or legal guardian supervision. Parent or guardian must sign this waiver and accepts full legal responsibility for the minor’s operation of the equipment. Riders under 13 are not permitted under any circumstances. E-Bikes and E-Trikes: No statewide minimum age under Florida law. Riders under 16 are required by Florida law to wear a properly fitted helmet meeting federal safety standards. I accept full responsibility for ensuring all riders are of appropriate age and ability. Paddleboards, Metal Detectors, Beach Equipment: I assume full responsibility for ensuring all users are of appropriate age and physical ability.
LEGAL COMPLIANCE - MY SOLE RESPONSIBILITY: I accept full and sole responsibility for compliance with all applicable federal, state, county, and local laws, ordinances, and regulations governing use of all rented equipment. This includes but is not limited to: operating e-scooters only on roads with posted speed limits of 35 mph or less, bike lanes, or sidewalks where permitted by local ordinance, and not exceeding 20 mph; operating e-bikes and e-trikes only where bicycles are legally permitted; not operating any equipment while under the influence of alcohol or any controlled substance; not allowing any unauthorized person to use the equipment; and complying with all local municipal regulations, which may be stricter than state law. Tropical Bay Rentals LLC is not responsible in any way for any fines, citations, penalties, arrests, legal proceedings, or consequences of any kind resulting from my violation of any law, ordinance, or regulation. All legal responsibility rests solely with me.
EQUIPMENT USE AND RESPONSIBILITIES: I agree to the following during my rental period. I must be present at delivery and by accepting the equipment I confirm it is in good working condition. I agree to lock all equipment using the provided lock whenever it is not in active use. Theft of unsecured equipment is my full financial responsibility. Only one rider per unit unless the equipment is specifically designed for multiple riders. I will not ride on highways, private property, or any restricted areas. I will not allow any person other than those listed on this waiver to use the equipment. If equipment breaks down or is damaged I will contact Tropical Bay Rentals LLC immediately and will not attempt to repair it myself.
CARD ON FILE AND DAMAGE AUTHORIZATION: I authorize Tropical Bay Rentals LLC to charge the payment method used for this rental for any damage, loss, theft, or failure to return equipment. I agree to pay the following replacement costs: E-Bike $900 per unit, Electric Trike $1,200 per unit, Electric Scooter $800 per unit, Paddleboard $500 per unit, Metal Detector $500 per unit, Beach Equipment (chairs, carrier, accessories) $400 per set. Late returns are subject to a fee of $25 per unit per hour after a 30 minute grace period.
EQUIPMENT CONDITION AND RETURN: I accept all equipment in good working condition and agree to return it in the same condition. I agree not to modify, tamper with, or attempt to repair any rented equipment. Tropical Bay Rentals LLC photographs all equipment before and after each rental. These photos serve as evidence of condition at time of delivery and return.
CANCELLATION POLICY: Cancellations made at any time more than 48 hours before the rental start time will receive a 50% cash refund and 50% store credit. Cancellations made within 48 hours of the rental start time are not eligible for a cash refund but the full amount will be issued as store credit. Store credit has no cash value and expires one year from the date of cancellation. In the event of an official government emergency evacuation order or emergency alert affecting the rental area, customers who have not yet begun their rental will receive a full cash refund. Customers whose rental is already in progress at the time of such an order will be compensated on a prorated basis for the days directly affected by the emergency. Tropical Bay Rentals LLC reserves the right to determine compensation amounts for in-progress rentals on a case by case basis.
WEATHER: I agree to immediately cease use of and secure all rented equipment during any tropical storm watch or hurricane warning. I assume full responsibility for damage caused by failure to comply.
GOVERNING LAW: This agreement is governed by the laws of the State of Florida. Venue for any dispute shall be in Sarasota County, Florida. If any provision is found unenforceable, all remaining provisions remain in full force.
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