Free Memories LLC (d/b/a Viva La Magia)

1. PARTIES AND ACCEPTANCE This Rental Agreement (“Agreement”) is entered into between Free Memories LLC, a Florida Limited Liability Company doing business as Viva La Magia (“Company”), and the person or entity renting the equipment (“Customer”). By checking the acceptance box during checkout, confirming a reservation, or accepting delivery of any item, the Customer agrees to be bound by these Terms. The Customer acknowledges that their digital acceptance constitutes a binding electronic signature under the Florida Electronic Signature Act of 1996 and the Federal E-SIGN Act.

2. DEFINITIONS

  • “Items” or “Equipment”: Includes strollers, electric scooters (ECVs), rain covers, and any accessories rented.
  • “Rental Period”: The duration from the scheduled delivery time until the return of the Items to Company staff.
  • “Card on File”: The credit or debit card information stored securely by the Company’s payment processor (Stripe).

3. SERVICES AND POSSESSION

  • Ownership: All rented Items remain the sole property of the Company.
  • Inspection: The Customer acknowledges receiving the Items in good, working condition. Any pre-existing damage must be reported to the Company immediately upon delivery. Failure to do so constitutes acceptance of the Item “as is.”

4. PAYMENT, CARD ON FILE, AND AUTHORIZATIONS (CRITICAL)

  • a) Card on File Authorization: The Customer explicitly authorizes the Company to store their payment method securely via a third-party processor (Stripe). The Company does not store full credit card numbers on its own servers.
  • b) Continuous Authority for Post-Rental Charges: The Customer irrevocably authorizes the Company to charge the Card on File for any and all outstanding fees arising from this Agreement, without requiring a new signature or further authorization. These charges may include, but are not limited to:
    • Late return fees.
    • Cleaning fees for excessive filth ($25 minimum).
    • Repair costs for damages incurred during the Rental Period.
    • Full Replacement Cost for lost, stolen, or destroyed Items (up to $1,500.00+ USD).
  • c) Waiver of Security Deposit Hold: To improve customer experience, the Company may waive the upfront security deposit hold. The Customer acknowledges that the absence of a hold does not limit their financial liability. The Customer remains liable for the full value of the equipment.
  • d) Payment Default: If a charge to the Card on File is declined (e.g., insufficient funds, closed account), the Customer agrees to provide an alternative payment method within 24 hours. Failure to pay may result in the debt being sent to a collections agency, and the Customer agrees to pay all costs of collection, including reasonable attorney fees.
  • e) No Refunds: All rental fees are non-refundable and non-cancellable once the reservation is confirmed.

5. LATE FEES AND EXTENSIONS Timely return is essential for our logistics.

  • Strollers: A late fee of $50.00 USD per day applies.
  • Electric Scooters (ECVs): A late fee of $100.00 USD per day applies.
  • Late fees will be automatically charged to the Card on File if the Item is not returned at the agreed time and location.

6. DELIVERY AND PICK-UP (“NO SHOW” POLICY)

  • Presence Required: The Customer must be physically present for delivery and pick-up.
  • Wait Time: Our drivers will wait a maximum of 30 minutes at the agreed location.
  • No Show Penalty: If the Customer does not appear within 30 minutes, the reservation is forfeited, and no refunds will be issued.
  • Rescheduling: If the Customer notifies the Company within the 30-minute window, delivery may be rescheduled for the next available slot (morning or afternoon shift) for a $25.00 USD rescheduling fee, charged to the Card on File.

7. LOSS, DAMAGE, AND THEFT The Customer assumes full financial responsibility for the Items during the Rental Period.

  • Assessment: The Company determines the cost of repairs or replacement at its sole discretion based on market rates.
  • Replacement Costs (Liquidated Damages): The Customer agrees to pay the following estimated replacement costs if an Item is lost, stolen, or destroyed:
    • Electric Scooter (ECV): $1,500.00 USD
    • Double Stroller (GT2/Bob): $720.00 – $800.00 USD
    • Single Stroller: $350.00 USD
    • Accessories/Rain Cover: $50.00 – $65.00 USD

8. SAFETY AND PROHIBITED USES

  • Scooters: Operator must be 18+ years old. ONE rider per scooter only. No passengers allowed.
  • Weight Limits: Customer agrees to strictly adhere to manufacturer weight limits.
  • Prohibited Areas: Items must not be used on sand, in water, or in unauthorized areas.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

  • ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, THE CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE RENTED ITEMS, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.
  • Indemnification: The Customer agrees to indemnify, defend, and hold harmless Free Memories LLC, its owners, agents, and employees from any claims, liabilities, damages, or costs (including attorney fees) arising from the Customer’s use or misuse of the Items.
  • No Liability for Third Parties: The Company is not liable for accidents or incidents occurring at theme parks (Disney, Universal, etc.), hotels, or public areas.

10. GOVERNING LAW AND DISPUTE RESOLUTION

  • Governing Law: This Agreement shall be governed by the laws of the State of Florida.
  • Venue: The exclusive venue for any legal action shall be Orange County, Florida.
  • Small Claims Court Exception: While the parties may agree to arbitration for general disputes, Free Memories LLC expressly reserves the right to pursue claims for unreturned equipment, damages, or unpaid fees in the Small Claims Court of Orange County, Florida. The Customer consents to the jurisdiction of such courts.
  • Attorney Fees: In any action to enforce this Agreement or collect a debt, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

11. PRIVACY AND DATA The Customer consents to the collection and use of their personal data for reservation fulfillment and payment processing. The Customer acknowledges that their payment information is stored by Stripe regarding the terms of service of the payment processor.

Shopping Cart
Scroll to Top