This Rental Agreement is between Orlando Stroller Rentals, LLC, a Florida LLC ( OSR or we or us ), and Customer (named at the end of this Agreement,

Transcription

1 This Rental Agreement is between Orlando Stroller Rentals, LLC, a Florida LLC ( OSR or we or us ), and Customer (named at the end of this Agreement, or named when communicating with OSR when placing an order and/or in the Order Confirmation) (or you ). The parties agree as follows: I. General a. Acceptance of Terms and Conditions: By signing this Agreement, clicking on the I Agree button on the Website, placing an order for a scooter rental either through this Website or by other means (e.g., phone, text, , fax, in person, concierge, other third party, etc.) after having visited the Website or been referred by OSR to the Website, and/or by acknowledging your agreement to this Agreement via phone or otherwise, you accept and agree to this Rental Agreement, as well as the Website Terms of Use ( Terms and Conditions, or Terms of Use ), FAQs, and Privacy Policy. b. Option to Decline: IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, YOU MUST NOT PLACE AN ORDER, SIGN THIS AGREEMENT, RENT A SCOOTER OR OTHERWISE ENGAGE IN ANY RENTAL TRANSACTION OR OTHER COMMERCIAL TRANSACTION WITH OSR. c. Modifications to this Agreement. OSR reserves the right to modify this Agreement as posted on our Website as we deem necessary or desirable at any time. Modifications may include additions, deletions, and/or changes to this Agreement. Such changes may include, among other things, the adding/changing of certain fees or charges. Where such modifications are material, we will notify you by sending you an to your registered account and/or by posting notice of the change on the Website. If we make changes to our Rental Agreement and you proceed to place an order, you are agreeing to and accepting the then-current Rental Agreement, including any modifications. Please note that any modifications shall be effective immediately upon our posting thereof, unless otherwise specified. II. Definitions a. Website shall refer to the websites at and owned and operated by Orlando Stroller Rentals, LLC, which includes informational and promotional content, as well as transaction capabilities, related to the rental of scooters by OSR. b. Rental Period shall refer to the time period during which the scooter(s) are available and/or used or in possession/control of Customer, and shall be from the time of actual Delivery by OSR to Customer directly or the location agreed upon until the time of actual Return by Customer to the agreed-upon location for return. The Rental Period is extended when Customer either extends the period

2 with consent from OSR or fails to return the scooter(s) without consent. If without consent, note the charges in Sections IV (f) and (g). c. Rental Insurance defined in Section VI. III. Services Provided and Responsibilities of the Parties a. Placing an order constitutes an offer. By placing an order, you make an offer to OSR to rent the scooter(s) specified by you, which can be accepted or rejected by OSR. It may be rejected, for example, due to unavailability of the specified scooter(s) during the period requested or for other reasons that may or may not be communicated to you. If it is accepted, we will provide confirmation to you by or mailing, provided that you have given at least one of those addresses with your order and have not declined confirmation. If it is rejected, we will make reasonable efforts to so notify you, but please keep in mind that we may not do so if we have done so by phone or other communication method, the order is incomplete or did not get transmitted or for some other reason we do not believe it can or should or needs to be communicated. In addition, if we do not respond, we most likely have not accepted your offer. However, there may have been a problem in your receiving the response of either acceptance or rejection, so if you receive no response, please contact us immediately as you order may have been placed and payment charged or it may have been rejected, so do not assume either way. b. Once an order is confirmed, we reserve the right to make substitutions of the scooter(s) requested and/or provide the scooter(s) on different dates/times and/or cancel the order, in the event the scooters become unavailable or we cannot provide them on the dates or at the times requested (e.g., illness of individuals delivering scooters, other reasons for unavailability, etc.). Similarly, manufacturers may stop manufacturing a certain model or we may be unable to procure them for some reason (limited quantities, etc.), giving rise to the need for substitution. If we are delivering to private property that is not owned by you, such as a hotel, theme park, etc., please understand that we are permitted on the premises and able to provide this commercial rental service at the pleasure of the owner, who may require we leave or not provide the services we do, and thus we may need to alter the location of delivery or have you pick up the scooter from us or cancel if we cannot otherwise accommodate your delivery request. In any of the above circumstances, we will make best efforts to notify you and provide you with your options, including the option to cancel the order. c. Customer understands that this is a contract of renting only and not of sale, meaning that Customer has rented the scooter(s) herein described upon the express condition that the scooter(s) will at all times remain the property of Orlando Stroller Rentals and be returned to OSR.

3 d. Customer shall all pick up the scooter(s) promptly at the agreed-upon Delivery time and to inspect the scooter(s) upon taking possession of same, to ensure the correct quantity, brand and model requested, quality, and that the scooters work and are in good condition, are not broken or incomplete, etc. e. Customer agrees to use, maintain and take care of the scooter(s) in a careful and responsible manner. f. In the event that any scooter at any time during the rental period fails to function correctly, appears dangerous in any way, or Customer does not know the correct operating procedure, Customer shall immediately cease use of the scooter(s) and immediately thereafter notify and make contact with OSR to determine the location to which to return the scooter(s). If OSR can correct the problem, Customer may thereafter choose to continue the rental of such (or replaced) scooter(s), but shall do so at Customer s own risk, so Customer must feel comfortable taking back possession of the scooter(s) and if Customer does not, OSR will refund the fee for the unused portion of time of the originally requested order period. If OSR cannot or elects not to correct the problem, OSR will refund the fee for the unused portion of time of the originally requested order period. g. Customer agrees to return the scooter(s) promptly to the location designated by OSR at the agreed-upon Return time. IV. Payment of Fees & Charges a. Fees for Rental, as well as some other fees are specified on the ordering pages on the Website and will be specified in your Order Confirmation. b. Customer agrees to pay promptly when due all fees and charges which accrue because of the rental, including (but not limited to) rental fees, any insurance purchased, any rain covers purchased, tax, and charges for damages to and/or loss of scooter(s). c. Fees will be charged upon placing of the order, except for fees/charges added or incurred later. d. An additional charge of $20 per scooter will be incurred by Customer if scooters are returned excessively dirty. Examples of where scooters would be deemed excessively dirty would include (but are not limited to) where they are returned with stuck-on chewing gum, crayon markings, paint, glue, ink, dried ice cream or other food/drink, vomit, or urine or fecal matter. e. In the event that Customer fails to return any or all scooters to the location designated by OSR at the agreed time or fails to abide by any of the terms/conditions of this Agreement, Orlando Stroller Rentals may charge the full cost of replacing the scooter(s) as well as any additional costs incurred, including cost of sending out people to pick up scooters twice, etc. This is no way limits or precludes OSR s ability to collect damages for its full loss, under contract, tort or other legal

4 theory, including damages for lost profits, consequential damages, punitive damages, attorneys fees, etc. f. Customer has the ability to select the most convenient scooter return time from those available, when placing an order. Customer agrees to return the scooter promptly at such time, time being of the essence. For the late return of a scooter, the fee shall be $20 per scooter. For every day not returned, the fee shall be that same amount, plus additional costs may be incurred and charged to Customer. If you know you will be late returning the scooter, please call OSR immediately. In some instances we may be able to waive the fee or provide more convenient options for you. g. Customer may be charged for any damage, missing parts, or loss during the Rental Period, whether Customer had the scooter(s) in Customer s possession or not, and whether the damage/loss was due to Customer s fault or not. Customer will be charged the full cost of replacing the scooter(s) in the event of damage or theft unless Customer elects to purchase the Rental Insurance. Likewise, Customer will be charged the full cost of replacing the scooter(s) in the event Customer fails to return the scooter(s) at all. h. Unless Customer pays otherwise and OSR so accepts, All fees and charges will be applied to Customer s credit card as incurred, including Rental and other fees immediately upon placement of order, and other fees and charges as added by Customer or discovered by OSR (such as when damage or loss or need for excessive cleaning is discovered upon return of scooter(s)). If a credit card cannot be charged for any reason, Customer agrees to pay the amount billed by OSR immediately upon receipt. V. Refunds a. In the event that you need to cancel your reservation, 100% of the money collected from the reservation will be refunded up to 48 hours prior to the first rental day; otherwise the refund will be the total amount collected minus $50. b. For malfunctioning scooters, please see the refund provision set forth in Section III (f). VI. Rental Insurance a. Customer is responsible for the scooter(s) once they have been delivered to the location agreed to for pickup by Customer and until they have been picked up by OSR at the end of the rental period. Therefore, OSR makes available rental insurance as an option for Customer to purchase at the time of placing a scooter rental order ( Rental Insurance ). By purchasing the insurance for $25 per scooter, the customer will not be charged the cost of replacing a stolen or damaged scooter, EXCEPT IN INSTANCES OF FRAUD. If purchased, insurance must be purchased for all scooters rented. This insurance purchase option must be clearly stated at the time of order, and if it is not on your order confirmation it cannot be added later.

5 b. We are not responsible for theft of personal items left in, by, or attached onto the scooter. VII. Term a. The Term of this Agreement shall be for the time period from when the order is placed through the end of the Rental Period. Note the extensions applicable to the Rental Period in the Definition Section. Also, note the Survival Section herein. VIII. Additional Customer Responsibilities a. Customer agrees to be responsible for correct use of rented scooters at all times according to manufacturers instructions and guidelines where and to the extent provided by OSR along with the scooter or as otherwise communicated to Customer. b. Customer is responsible for complying with all state and local laws, regulations, and rules of all property owners where scooters are being used or located (such as theme parks) pertaining to the use of the scooter(s), including following traffic laws, parking where and when permitted only, and use of/closing of scooters on moving vehicles such as trams, monorails, etc. Customer agrees not to hold OSR responsible for same and to indemnify OSR for all claims arising out of Customer s failure to abide by such laws, regulations, and/or rules. c. Customer represents that Customer has reviewed and agrees to the Terms of Use, FAQs, and Privacy Policy on the Website. d. Customer understands and agrees that only adults ages 18 or older are permitted to place an order with Orlando Stroller Rentals, LLC, including a reservation hold or deposit that requires a credit card, and represents and warrants that Customer is at least 18 years of age. IX. Warranty Disclaimer; Warranty; Limitation of Liability; No endorsement a. OSR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCTS AND SERVICES, DEFINED AS: 1) THE SCOOTER(S) RENTED, 2) RENTAL SERVICES AND ANY OTHER SERVICES PROVIDED BY OSR TO CUSTOMER, 3) THE WEBSITE, AND 4) ANY OTHER PRODUCTS RENTED OR SOLD OR MARKETED, REFERRED TO (such as Sentry GPS tracking units), LINKED TO, OR ADVERTISED BY OSR (in website ads or otherwise), INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OSR WARRANTS THAT IT WILL FULFILL CONFIRMED ORDERS, SUBJECT TO SECTION III, THAT IT WILL PROVIDE THE REFUNDS AS STATED IN SECTION V, AND THAT CUSTOMER S ELECTION TO PURCHASE RENTAL INSURANCE WILL ALLOW CUSTOMER TO AVOID PAYING FOR DAMAGED/LOST SCOOTERS (EXCEPT IN INSTANCES OF FRAUD). THE FOREGOING STATES THE ENTIRE LIABILITY OF OSR WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING ANY LIABILITY FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORT, BREACH OF WARRANTY, OR FOR INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENT, COPYRIGHTS, TRADEMARKS, TRADE

6 SECRETS AND OTHER INTELLECTUAL OR PROPRIETARY RIGHTS BY THE PRODUCTS AND SERVICES OR THEIR USE. b. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT: (1) EACH SCOOTER IS OF A TYPE, DESIGN, QUALITY AND MANUFACTURE SELECTED BY RENTER, ACCEPTABLE TO CUSTOMER AND SUITABLE FOR CUSTOMER S PURPOSES; (2) ORLANDO SCOOTER RENTALS IS NOT THE MANUFACTURER OR SUPPLIER OF THE SCOOTERS; (3) ORLANDO SCOOTER RENTALS IS NOT REQUIRED TO ENFORCE ANY MANUFACTURER S WARRANTIES ON BEHALF OF ITSELF OR THE CUSTOMER; AND (4) ALL SCOOTERS ARE RENTED AS IS. c. CUSTOMER CONFIRMS THAT CUSTOMER HAS READ THIS AGREEMENT AND VOLUNTARILY ASSUMES ALL RISKS OF ANY DAMAGES OCCURRING IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES IN THIS RENTAL AGREEMENT. CUSTOMER HEREBY AGREES TO WAIVE, RELEASE AND DISCHARGE ORLANDO SCOOTER RENTALS AND THEIR AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, OR REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR ANY PROPERTY DAMAGE, LOSS, PERSONAL INJURY, LOSS OF LIFE AND/OR OTHER CASUALTY WHICH MAY OCCUR. IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS WAIVER, RELEASE AND ASSUMPTION OF RISK IS TO BE BINDING ON CUSTOMER S HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS IN THE EVENT OF ANY DEATH OR INJURY. d. OSR MAKES NO WARRANTY THAT THE WEBSITE SERVICES, OTHER SERVICES, OR PRODUCTS ARE ERROR-FREE OR THAT OSR WILL BE ABLE TO RECTIFY ANY PROBLEM ENCOUNTERED BY CUSTOMER IN THE PRODUCTS OR SERVICES. OSR S MAXIMUM LIABILITY ARISING OUT OF THE PRODUCTS AND/OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PAYMENTS RECEIVED BY OSR FROM CUSTOMER UNDER THIS AGREEMENT. IN NO EVENT SHALL OSR BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR PROPERTY LOSS, ARISING OUT OF THIS AGREEMENT, PRODUCTS, AND/OR SERVICES, EVEN IF OSR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MERCHANT SHALL NOT BRING ANY SUIT OR ACTION AGAINST OSR FOR ANY REASON WHATSOEVER MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS ACCRUED. e. OSR does not endorse any third party products or assume any liability therefor, regardless of whether they are marketed, promoted, advertised, referenced or linked to on our website or referred to in any way in our marketing materials, contracts, discussions with you, phone hold music/messages, s, or otherwise. X. Indemnification

7 a. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD ORLANDO SCOOTER RENTALS AND ITS AGENTS, HARMLESS FROM ANY CLAIMS, LIABILITIES (INCLUDING NEGLIGENCE, TORT AND STRICT LIABILITIES), EXPENSES, INCLUDING REASONABLE ATTORNEY S FEES, ARISING FROM OR RESULTING FROM THE MANUFACTURE, POSSESSION, CONDITION, USE, OPERATION, HANDLING, TRANSPORTATION, AND/OR RETURN OF THE RENTED EQUIPMENT AND/OR CUSTOMER S BREACH OF ANY TERM/CONDITION OF THIS AGREEMENT. XI. Notices. a. Any notice or communication required or permitted under this Agreement shall be in writing and delivered/sent (as applicable, below) to the parties at their respective principal addresses set forth below or at such other address as may be given in writing by either party to the other in accordance with this Section and shall be deemed to have been received (i) if given by hand, immediately; (ii) if given by air mail, 5 business days after posting; (iii) if given by overnight/twoday express courier service, the first/second business day, respectively, following dispatch in the jurisdiction of the recipient; or (iv) if given by fax, upon receipt thereof by the recipient s fax machine or in the sender s transmission confirmation report as produced electronically by sender s fax machine. XII. Termination a. Either party may terminate this agreement for breach at any time upon Notice to the other party. b. OSR may terminate this Agreement for convenience at any time upon one week s Notice to Customer. c. Customer may only terminate this Agreement for convenience in accordance with Section V (A). XIII. Trademark a. Customer shall not have permission to use OSR s or TSR s trademarks, service marks, or names without OSR s prior written consent. XIV. Arbitration a. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. XV. Governing Law

8 a. This Agreement shall be governed by and construed in accordance with the laws of Florida, without reference to conflict of laws principles. All disputes arising under, out of, or in any way connected with this Agreement shall be litigated exclusively in the courts of Florida, and in no other court or jurisdiction. Customer stipulates that the courts of Florida shall have personal jurisdiction over its person, and it hereby irrevocably (i) submits to the personal jurisdiction of said courts and (ii) consents to the service of process, pleadings, and notices in connection with any and all actions initiated in said courts. XVI. Assignment/Sublease/Loan/Permitting Others to Use Scooter a. Customer may not delegate any of its duties or assign, transfer or sublicense any of its rights or obligations under this Agreement without OSR s prior written consent, and any such attempted delegation, assignment, transfer or sublicense shall be void and a breach of this Agreement. Therefore, Customer may not loan, sublease, or permit others to use the scooter(s) without permission from OSR and such third parties signing OSR s Rental Agreement. In the event of a loan, sublease or permitted use to a third party, Customer agrees to be primarily responsible for same and to indemnify OSR for any and all loss resulting therefrom. XVII. Waiver a. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. XVIII. Severability a. It is intended that this Agreement shall not violate any applicable law, and it is agreed that the unenforceability or invalidity of any provision (other than the provisions obligating Merchant to make payments to OSR) shall not affect the force and validity of the remaining provisions. If any provision of this Agreement is invalid or unenforceable, but limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. XIX. Entire Agreement a. This Agreement (including any schedules hereto) is the complete and exclusive statement of the contract between OSR and Customer with respect to the subject matter hereof. No waiver, consent, modification, amendment or change of the terms of this Agreement shall be binding unless in writing and signed by OSR and Customer. XX. Survival a. Sections I, II, IV, VI (b), and IX XX shall survive termination of this Agreement. b. Customer has read the above and understands that Customer has surrendered substantial rights by entering into this Agreement and freely and voluntarily agrees to do s