This Rental Agreement is entered into between Viva La Magia (DBA Free Memories LLC), a Florida Limited Liability Company, and the Customer.

1. General

a) Acceptance of Terms and Conditions: By confirming a reservation or signing this Agreement, the Customer agrees to all the terms set forth herein, as well as the Terms of Use, FAQ, and Privacy Policy on Viva La Magia’s website.
b) Rejection: If the Customer does not accept these Terms, they must not place an order or rent any item.
c) Modifications: Viva La Magia may amend this Agreement at any time.

2. Definitions

a) “Customer” means the person or entity renting the equipment.
b) “Items” or “Products” include strollers, electric scooters, and accessories rented under this Agreement.
c) “Rental Period” means the time from delivery of the item until its return at the agreed location.

3. Services and Responsibilities

  • Placing an order constitutes an offer that Viva La Magia may accept or reject.
  • All rented items remain the sole property of Viva La Magia.
  • Customer must inspect items upon delivery and return them in good condition.
  • If an item malfunctions, the Customer must immediately notify Viva La Magia.

4. Prices

All prices are considered accurate at the time of publication or confirmation. Prices may change for future reservations, but once a reservation is confirmed and paid, the price is fixed for that booking.

5. Payments, Cancellations, and Changes

a) Payments: All payments must be made in advance and will be charged to the Customer’s credit/debit card.
b) Non-Refundable / Non-Cancellable: All rental fees, additional charges, and payments are strictly non-refundable and non-cancellable.
c) Discretion: Any refunds issued will be at the sole discretion of Viva La Magia and shall not create any obligation.
d) Modifications: Date changes are subject to availability, incur a $20 USD administrative fee, and will be charged at the prevailing rates.
e) Late Returns: A fee of $50 USD per day for strollers and $100 USD per day for electric scooters will apply to late returns.

6. Security Deposit / Hold

  • Viva La Magia will apply a minimum $100 USD hold on the Customer’s credit card as a security deposit.
  • This hold does not limit Customer’s liability to $100.
  • In case of damage, loss, or theft, the Customer will be responsible for up to the full replacement cost of the item.

7. Loss, Damage, and Theft

  • The Customer agrees to pay the full replacement cost if an item is lost, damaged, or stolen.
  • Example: Electric scooter replacement cost: $1,500 USD.
  • If charges cannot be processed on the credit card, an invoice for immediate payment will be issued.

8. Delivery and Pick-Up

  • Customer must be present at the agreed location and time for both delivery and pick-up.
  • Viva La Magia staff will wait up to 30 minutes at the location.
  • If the Customer does not show up within 30 minutes, it will be considered a No Show. In such case, the Customer forfeits all payments and the right to receive the item.
  • If the Customer notifies Viva La Magia within the 30-minute window that they cannot be present, it will not be considered a No Show; however, a $25 USD rescheduling fee will apply.
  • In that case, the item will be redelivered in the next delivery round:
    • Morning deliveries will be rescheduled for the afternoon.
    • Afternoon deliveries will be rescheduled for the following morning.
  • Deliveries included: hotels and vacation homes in Orlando, Kissimmee, International Drive, Universal, and SeaWorld.
  • Deliveries to Davenport, Winter Garden, or Champions Gate will incur a $10 USD surcharge.
  • No deliveries or pick-ups at airports.

9. Force Majeure

Viva La Magia shall not be held liable for delays or cancellations caused by weather, natural disasters, pandemics, or any other events beyond its reasonable control.

10. Limitation of Liability

The Customer assumes all risks associated with the use of rented items. Viva La Magia shall not be liable for personal injury, property damage, or losses. Maximum liability shall not exceed the amount paid by the Customer, except in cases of loss, theft, or damage of items, where the full replacement cost applies.

11. Use and Return

  • Use of the item implies acceptance of its condition.
  • Issues must be reported the same day of delivery.
  • Items must be used only as intended by the manufacturer.

12. Customer Responsibilities

  • Use items properly and as instructed.
  • Comply with all applicable laws and regulations in Florida.
  • Must be at least 18 years old to rent.

13. Damages, Losses, and Theft

The Customer agrees to cover all replacement costs for damaged, lost, or stolen items.

14. Insurance

Currently, Viva La Magia does not offer rental insurance. The Customer is fully responsible for damages, losses, or theft.

15. Replacement Costs (examples, subject to change)

  • City Mini 2 Single Stroller: $350
  • City Mini GT2 Double Stroller: $720
  • Bob Revolution Duallie Double Stroller: $800
  • Rain Cover: $50–$65
  • Electric Scooter: $1,500

16. Assumption of Risk / Indemnification

The Customer assumes all risks and agrees to indemnify and hold harmless Viva La Magia from any claims, damages, or liabilities arising from the use of rented items.

17. Term

This Agreement is valid from reservation confirmation until return of the items.

18. Notices

All communications must be made via email to info@vivalamagia.com.

19. Termination

Viva La Magia may terminate this Agreement in case of breach by the Customer.

20. Trademarks

Customer may not use Viva La Magia’s trademarks or logos without written authorization.

21. Arbitration

Any disputes shall be submitted to arbitration in accordance with the rules of the American Arbitration Association.

22. Governing Law

This Agreement is governed by the laws of the State of Florida. All disputes shall be resolved exclusively in Orange County, Florida.

23. Data Protection

Customer authorizes Viva La Magia to collect and use personal data solely for reservation, billing, and contract performance purposes.

24. Assignment or Sublease

Customer may not assign, sublease, or lend rented items without written authorization.

25. Waiver

Failure to enforce any right does not constitute a waiver of such right.

26. Severability

If any provision is found invalid, the remaining provisions shall remain in effect.

27. Entire Agreement

This document constitutes the entire agreement between Viva La Magia and the Customer.

28. Electronic Signature

The Customer agrees that digital acceptance of this Agreement shall have the same legal effect as a handwritten signature.

29. Survival

Provisions relating to payments, indemnification, limitation of liability, and dispute resolution shall survive termination of this Agreement.

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