RENTAL AGREEMENT & TERMS OF SERVICE
Free Memories LLC (d/b/a Viva La Magia)
LEGAL NOTICE: FREE MEMORIES LLC DBA: VIVA LA MAGIA is registered with the State of Florida as a Seller of Travel. Registration No. ST44404.
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 or booking travel services (“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 personnel or authorized independent contractors.
“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
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, and 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.
5. LATE FEES AND EXTENSIONS Timely return is essential for our logistics. Late fees will be automatically charged to the Card on File if the Item is not returned at the agreed time and location.
Strollers: A late fee of $50.00 USD per day applies.
Electric Scooters (ECVs): A late fee of $100.00 USD per day applies.
6. DELIVERY AND RETURN PICK-UP POLICIES
a) Theme Park Delivery Restrictions & Compliance (STRICT POLICY): Customer acknowledges and agrees that Free Memories LLC d/b/a Viva la Magia expressly prohibits the delivery, exchange, or pick-up of any rental equipment inside, at the gates, or on the restricted property of any theme park (including but not limited to Walt Disney World® Resort and Universal Orlando Resort™). All deliveries and pick-ups must be coordinated at the Customer’s confirmed accommodation (hotel, resort, or vacation home) or another expressly authorized off-site location. The Company assumes no liability, and will not issue any refunds, for any confiscation of equipment, denial of entry, delays, or financial losses resulting from the Customer’s attempt to arrange or force a delivery/pick-up on restricted theme park property in violation of park policies.
b) Presence Required: The Customer must be physically present for both delivery and the final return pick-up.
c) Grace Period / Wait Time: Our delivery personnel or authorized independent contractors will wait a maximum of thirty (30) minutes at the agreed location for both scheduled deliveries and return pick-ups.
d) Delivery No-Show & Rescheduling: If the Customer does not appear within the 30-minute window for a scheduled delivery, the reservation is forfeited, and no refunds will be issued. If the Customer contacts the Company within that window to reschedule, delivery may be moved to the next available slot (morning or afternoon shift) subject to a $25.00 USD Rescheduling Fee, charged to the Card on File.
e) Return Pick-Up No-Show & Penalties: If the Customer is not present or the Item is not ready within the 30-minute window for the scheduled return pick-up, our personnel will depart. The Customer will be immediately charged a $25.00 USD Failed Return Attempt Fee to the Card on File to compensate our independent contractors for the trip. The Customer must immediately contact the Company to reschedule the pick-up. Note: If this failed return causes the Item to be returned past the agreed Rental Period, the daily Late Fees outlined in Section 5 ($50/day for strollers, $100/day for ECVs) will strictly apply in addition to the Rescheduling/Failed Attempt Fee.
7. LOSS, DAMAGE, AND THEFT Unless the Optional Equipment Protection Plan has been purchased and its conditions met (See Section 8), 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.
Duty of Care and Theft Prevention: The Customer assumes strict liability for the safeguarding of the rented Items at all times. For Electric Scooters (ECVs), the Customer MUST remove the key from the ignition whenever the scooter is not in active use or is left unattended. Leaving the key in the ignition of an unattended ECV constitutes gross negligence. In the event of theft or loss where the Customer fails to secure the Item or cannot return the physical key to the Company, the Customer shall be held fully and immediately liable for the Maximum Replacement Cost.
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. OPTIONAL EQUIPMENT PROTECTION PLAN (DAMAGE WAIVER) The Customer may elect to purchase an Optional Equipment Protection Plan (“Protection Plan”) at the time of reservation for a one-time flat fee based on the item rented: Single Strollers ($10.00 USD), Double Strollers ($20.00 USD), and Electric Scooters/ECVs ($30.00 USD).This Protection Plan is NOT insurance. It is a waiver of Free Memories LLC’s right to charge the Customer for specific accidental damages or theft of the rented Item(s).
Coverage: If purchased, the Protection Plan waives the Customer’s liability for accidental damage to the equipment incurred during normal, intended use. In the event of theft, the waiver is ONLY valid if the Customer files an official report with local law enforcement or Theme Park Security and provides a copy of the report to the Company within 24 hours of the incident.
Exclusions: The Protection Plan is strictly null and void, and the Customer will be held fully liable for repair/replacement costs, under the following conditions: (a) Gross negligence, including but not limited to leaving the keys in an unattended electric scooter (ECV); (b) Abandonment of the equipment at any location; (c) Loss of removable accessories (e.g., chargers, rain covers, console trays); (d) Biological incidents requiring deep cleaning (vomit, bathroom accidents); and (e) Intentional damage or misuse contrary to manufacturer guidelines.
Note: The Protection Plan strictly covers the rented Item and DOES NOT cover personal injuries or property damage caused to third parties by the Customer’s operation of the equipment.
9. 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.
10. LIMITATION OF LIABILITY AND INDEMNIFICATIONASSUMPTION 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, independent contractors, 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.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF FREE MEMORIES LLC D/B/A VIVA LA MAGIA USES REASONABLE CARE IN PROVIDING THIS EQUIPMENT, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM OR ACCEPTING THESE TERMS, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM FREE MEMORIES LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THESE TERMS, AND FREE MEMORIES LLC HAS THE RIGHT TO REFUSE TO RENT THE EQUIPMENT TO YOU IF YOU DO NOT ACCEPT THEM.
11. 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