Terms of Service

RENTAL AGREEMENT & TERMS OF SERVICE Free Memories LLC d/b/a Viva La Magia

Last updated: June 2026

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 and Terms of Service (“Agreement”) is entered into between Free Memories LLC, a Florida limited liability company doing business as Viva La Magia (“Company,” “Viva La Magia,” “we,” “us,” or the “Agency”), and the person or entity renting equipment, making a reservation, or using our services (“Customer”).

By checking the acceptance box during checkout, confirming a reservation, making payment, receiving the equipment, accepting delivery, or using any rented item, Customer agrees to be legally bound by these Terms.

Customer acknowledges that digital acceptance constitutes a valid and binding electronic signature under the Florida Electronic Signature Act of 1996 and the Federal E-SIGN Act.

2. DEFINITIONS

“Items,” “Equipment,” or “Rented Items” includes strollers, electric scooters, ECVs, rain covers, chargers, keys, accessories, and any other item rented to Customer.

“Rental Period” means the period beginning at the scheduled delivery date and time and ending upon the actual return of the Equipment to Company personnel or authorized independent contractors.

“Card on File” means the credit or debit card provided by Customer and securely stored by Company’s third-party payment processor, including Stripe or a similar provider.

“Provider” means hotels, resorts, theme parks, tour operators, transportation companies, cruise lines, booking platforms, or any other third party involved in providing services.

3. SERVICES, OWNERSHIP, AND POSSESSION OF EQUIPMENT

All rented Items are and shall remain the sole and exclusive property of Free Memories LLC d/b/a Viva La Magia.

Customer receives the Equipment only as a temporary rental and does not acquire any ownership rights in the Equipment.

Customer acknowledges receiving the Equipment in good working condition. Any pre-existing damage, defect, missing item, or irregular condition must be reported immediately upon delivery. If Customer does not report any issue at the time of delivery, Customer will be deemed to have accepted the Equipment in good condition and as delivered.

Customer is responsible for the care, proper use, custody, and return of the Equipment throughout the entire Rental Period.

4. PAYMENTS, DEPOSIT, BALANCE, AND AUTHORIZATIONS

a) Payment Method for Equipment Rentals. For rental reservations of scooters, ECVs, strollers, or other equipment, Customer may confirm the reservation by paying an initial deposit equal to thirty percent (30%) of the total reservation amount, unless Company states a different payment method in writing.

b) Non-Refundable Deposit. The deposit paid to confirm the reservation is non-refundable. In the event of cancellation by Customer, change of plans, failure to use the Equipment, no-show, inability to receive the Equipment due to reasons not directly attributable to Company, or any other cause not directly attributable to Viva La Magia, the deposit will not be refunded.

c) Balance Payment. The remaining balance of the reservation must be paid in full no later than fifteen (15) days before the scheduled Equipment delivery date.

If Customer does not pay the outstanding balance within the required timeframe, Company may cancel the reservation without any right to refund, and Customer will forfeit the deposit paid.

d) Cancellation After Full Payment. Once the full balance of the reservation has been paid, if Customer decides to cancel, does not appear, does not receive the Equipment, changes plans, does not use the Equipment, or cancels for any reason not directly attributable to Company, the total amount paid will be non-refundable.

e) Reservations Made Less Than 15 Days Before Delivery. When a reservation is made within fifteen (15) days before the scheduled delivery date, Company may require full payment at the time of booking. In that case, the total amount paid will be non-refundable, unless Company expressly agrees otherwise in writing.

f) Discretionary Exceptions. Company may, at its sole discretion and without obligation, offer credits, date changes, rescheduling, or alternative operational solutions when possible. Any exception must be approved in writing by Company and shall not constitute a permanent waiver of these Terms.

g) Card on File Authorization. Customer expressly authorizes Company to securely store Customer’s payment method through a third-party payment processor, such as Stripe. Company does not store full credit or debit card numbers on its own servers.

h) Continuing Authorization for Post-Rental Charges. Customer expressly authorizes Company to charge the Card on File for any balance, fee, penalty, damage, loss, theft, cleaning, late return, failed delivery or pickup attempt, replacement cost, or outstanding amount arising from this Agreement, without requiring a new signature or additional authorization.

Such charges may include, but are not limited to:

• outstanding reservation balance;
• late return fees;
• failed delivery or pickup attempt fees;
• cleaning fees;
• repair costs;
• accessory replacement costs;
• full replacement cost for lost, stolen, destroyed, or unreturned Equipment;
• collection costs;
• reasonable attorney’s fees, if applicable.

i) Waiver of Security Deposit Hold. To improve the Customer experience, Company may choose not to place an upfront security deposit hold. Customer acknowledges that the absence of a deposit does not limit or reduce Customer’s financial responsibility for damage, loss, theft, misuse, or failure to return the Equipment.

j) Declined Payment or Payment Default. If a charge to the Card on File is declined for any reason, Customer must provide an alternative payment method within twenty-four (24) hours after notice from Company.

Failure to pay may result in the debt being sent to collections, legal action, Small Claims Court, or any other procedure permitted by law. Customer agrees to pay all reasonable collection costs, including attorney’s fees, court costs, and administrative fees.

5. CANCELLATIONS, REFUNDS, AND RESERVATION CHANGES

Rental reservations are subject to availability, delivery logistics, operating hours, and Company policies.

a) Cancellations by Customer. Unless Company expressly states otherwise in writing, any cancellation made by Customer shall be subject to the deposit, balance, and cancellation policy set forth in Section 4.

b) Last-Minute Cancellations. Cancellations made within fifteen (15) days before the scheduled delivery date shall be considered non-refundable once the full balance has been paid.

c) Customer No-Show. If Customer does not appear, does not respond, is unavailable, or does not allow completion of delivery within the agreed delivery window, the reservation may be considered forfeited and non-refundable.

d) Changes to Date, Time, or Location. Any change requested by Customer is subject to operational availability and must be approved by Company. Company does not guarantee that last-minute changes can be accommodated.

e) Causes Beyond Company’s Control. No refunds will be issued for delays, changes of plans, weather, park closures, illness, Customer’s personal decisions, denial of park entry, hotel restrictions, third-party policies, lack of use of the Equipment, or circumstances outside Company’s reasonable control.

f) Refunds at Company’s Discretion. Company may, at its sole discretion, offer credits, date changes, or alternative solutions, but this shall not constitute an obligation or modification of these Terms.

6. LATE RETURN FEES AND EXTENSIONS

Timely return of the Equipment is essential to Company’s logistics and ability to fulfill future reservations.

If Equipment is not returned on the agreed date, time, and location, the following late return fees will automatically apply:

• Strollers: USD $50.00 per day.
• Electric Scooters / ECVs: USD $100.00 per day.

Any rental extension must be requested and approved in writing by Company before the Rental Period expires. A request for extension does not guarantee approval.

If Customer keeps the Equipment without Company’s express authorization, late return fees will apply until the Equipment is actually returned, without limiting Company’s right to charge for damage, loss, theft, or inability to fulfill future reservations.

7. DELIVERY AND PICKUP POLICIES

a) Theme Park Delivery Restrictions. Customer acknowledges and agrees that Free Memories LLC d/b/a Viva La Magia expressly prohibits delivery, exchange, or pickup of Equipment inside, at the entrances, parking lots, restricted areas, or controlled property of theme parks, including but not limited to Walt Disney World® Resort, Universal Orlando Resort™, SeaWorld, Legoland, and any other park or attraction with restrictive policies.

All deliveries and pickups must be coordinated at Customer’s confirmed accommodation, such as a hotel, resort, vacation home, temporary residence, or another off-park location expressly authorized by Company.

Company shall not be responsible and shall not issue refunds for confiscation of Equipment, denial of entry, delays, lost time, additional costs, or damages resulting from Customer’s attempt to receive, deliver, use, exchange, or return Equipment at prohibited or restricted locations under third-party policies.

b) Customer Presence Required. Customer must be physically present for both delivery and final return of the Equipment, unless expressly authorized in writing by Company.

c) Waiting Period. Delivery personnel or authorized independent contractors will wait a maximum of thirty (30) minutes at the agreed location and within the agreed delivery or pickup window.

d) Delivery No-Show. If Customer does not appear within the thirty (30) minute waiting period for a scheduled delivery, the reservation may be considered forfeited and non-refundable.

If Customer contacts Company within that window and requests rescheduling, delivery may be moved to the next available time slot, subject to availability and a USD $25.00 rescheduling fee.

e) Pickup or Return No-Show. If Customer is not present, does not respond, does not return the Equipment, or the Equipment is not ready for pickup within the scheduled window, Company personnel may leave the location.

In such case, Customer will be immediately charged a USD $25.00 failed pickup attempt fee to compensate for travel and operational time.

Customer must immediately contact Company to reschedule pickup. If this causes the Equipment to be returned after the agreed Rental Period, the late return fees stated in Section 6 will also apply.

8. LOSS, DAMAGE, THEFT, AND CUSTOMER RESPONSIBILITY

Unless Customer purchased the Optional Equipment Protection Plan and all conditions of that plan are met, Customer assumes full financial responsibility for the Equipment throughout the entire Rental Period.

a) Damage Assessment. Company will determine, in its reasonable discretion, the cost of repair, cleaning, replacement, or substitution of the Equipment, based on market costs, parts, labor, logistics, and availability.

b) Duty of Care. Customer must care for the Equipment, use it properly, protect it against theft or loss, avoid abandonment, refrain from lending it to unauthorized third parties, and avoid any use contrary to Company’s or manufacturer’s instructions.

c) Theft Prevention for Scooters / ECVs. For electric scooters or ECVs, Customer must remove the key whenever the Equipment is not actively in use or is left unattended.

Leaving the key in an unattended scooter or ECV constitutes gross negligence. In the event of theft, loss, or failure to return the Equipment when Customer cannot return the physical key or failed to secure the Equipment, Customer shall be responsible for the full replacement cost.

d) Estimated Replacement Costs. Customer agrees that the following amounts represent reasonable estimated replacement costs in the event of loss, theft, destruction, or failure to return the Equipment:

• Electric Scooter / ECV: up to USD $1,500.00 or more, depending on model and actual replacement cost.
• Double Stroller GT2 / Bob or similar: USD $720.00 – USD $800.00.
• Single Stroller: USD $350.00.
• Accessories, rain cover, charger, console, key, or other accessories: USD $50.00 – USD $65.00, or the actual replacement cost if higher.

These amounts do not limit Company’s right to seek higher costs if damage, loss, theft, or replacement results in additional verifiable expenses.

9. OPTIONAL EQUIPMENT PROTECTION PLAN

Customer may elect to purchase an Optional Equipment Protection Plan at the time of reservation for a one-time fee based on the rented item:

• Single Stroller: USD $10.00.
• Double Stroller: USD $20.00.
• Electric Scooter / ECV: USD $30.00.

This Protection Plan is NOT insurance. It is a limited waiver by Company of its right to charge Customer for certain accidental damage or theft of the Equipment, only under the conditions expressly stated in this section.

a) Limited Coverage. If Customer purchases the Protection Plan, Company waives its right to charge Customer for accidental damage to the Equipment occurring during normal and intended use.

In the event of theft, protection is valid only if Customer files an official report with local law enforcement, park security, hotel security, or the appropriate authority, and provides a copy of the report to Company within twenty-four (24) hours after the incident.

b) Exclusions. The Protection Plan shall be null and void, and Customer shall remain fully responsible for repair or replacement, in any of the following cases:

• gross negligence, including leaving the key in an unattended scooter or ECV;
• abandonment of the Equipment;
• loss of removable accessories, including chargers, rain covers, keys, consoles, trays, or other accessories;
• biological incidents requiring deep cleaning, including vomit, bathroom accidents, blood, or other bodily fluids;
• intentional damage;
• misuse of the Equipment;
• use contrary to the manufacturer’s or Company’s instructions;
• use on sand, in water, unauthorized areas, or unsafe conditions;
• failure to provide the required official report in the event of theft.

c) What Is Not Covered. The Protection Plan covers only certain accidental damage to the rented Equipment. It does not cover personal injury, death, damage to third-party property, third-party claims, accidents, civil liability, loss of personal belongings, or damages caused by Customer’s use of the Equipment.

10. SAFETY AND PROHIBITED USES

Customer agrees to use the Equipment safely, responsibly, and in accordance with Company’s, manufacturer’s, and location-specific instructions.

a) Electric Scooters / ECVs. The operator must be at least eighteen (18) years old. Only one person is allowed per scooter. Passengers, children riding on the scooter, persons sitting on the operator’s lap, and shared riding are strictly prohibited.

b) Weight Limits. Customer must strictly comply with manufacturer weight limits. Use above the allowed weight limit may cause failure, accidents, equipment damage, and full Customer responsibility.

c) Prohibited Uses. Equipment may not be used:

• on sand;
• in water;
• under heavy rain if safety or equipment integrity is compromised;
• on stairs;
• in unauthorized areas;
• off suitable paths or reasonably appropriate surfaces;
• in a dangerous, reckless, or negligent manner;
• to transport more persons than allowed;
• by any person under the influence of alcohol, drugs, or substances impairing safe operation.

d) Responsibility for Misuse. Customer shall be responsible for any injury, damage, loss, claim, fine, confiscation, or harm resulting from misuse of the Equipment.

11. ASSUMPTION OF RISK, LIMITATION OF LIABILITY, AND INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE RENTED EQUIPMENT, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, FALLS, COLLISIONS, IMPROPER USE, EQUIPMENT FAILURE, LOCATION CONDITIONS, ACTS OF THIRD PARTIES, OR ANY OTHER INCIDENT RELATED TO THE USE OF THE EQUIPMENT.

a) Indemnification. Customer agrees to indemnify, defend, and hold harmless Free Memories LLC d/b/a Viva La Magia, its owners, managers, employees, agents, independent contractors, representatives, and affiliates from and against any claim, loss, liability, damage, cost, or expense, including reasonable attorney’s fees, arising directly or indirectly from Customer’s use, misuse, possession, custody, transportation, loss, theft, damage, or failure to return the Equipment.

b) No Liability for Third Parties. Company shall not be responsible for accidents, injuries, delays, confiscations, restrictions, policies, decisions, or incidents occurring at theme parks, hotels, resorts, vacation homes, public spaces, transportation areas, parking lots, or any location operated by third parties.

c) No Guarantee of Access or Acceptance by Third Parties. Company does not guarantee that any park, hotel, resort, attraction, transportation provider, event, or third party will allow entry, use, storage, or circulation of the Equipment. Customer is responsible for complying with the policies of any location where the Equipment is used.

d) Limitation of Damages. In no event shall Company be liable for indirect, incidental, special, punitive, or consequential damages, lost profits, loss of enjoyment of travel, lost time, lost reservations, hotel expenses, ticket expenses, transportation expenses, meals, flights, activities, or any indirect economic damage arising from the use, inability to use, delay, delivery, pickup, or failure of the Equipment, unless otherwise required by applicable law.

12. NOTICE TO PARENTS OR LEGAL GUARDIANS OF MINORS

NOTICE TO THE MINOR CHILD’S PARENT OR LEGAL GUARDIAN: READ THIS AGREEMENT COMPLETELY AND CAREFULLY.

YOU ARE AGREEING TO ALLOW YOUR MINOR CHILD TO PARTICIPATE IN AN ACTIVITY THAT MAY INVOLVE RISKS. YOU ACKNOWLEDGE THAT, EVEN IF FREE MEMORIES LLC D/B/A VIVA LA MAGIA USES REASONABLE CARE IN PROVIDING THE EQUIPMENT, THERE ARE INHERENT RISKS ASSOCIATED WITH ITS USE THAT CANNOT BE FULLY ELIMINATED.

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND ACCEPT, TO THE EXTENT PERMITTED BY FLORIDA LAW, THE RISKS ASSOCIATED WITH THE MINOR’S USE OF THE EQUIPMENT, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.

YOU HAVE THE RIGHT TO REFUSE THESE TERMS, AND FREE MEMORIES LLC D/B/A VIVA LA MAGIA HAS THE RIGHT TO REFUSE TO RENT THE EQUIPMENT IF YOU DO NOT ACCEPT THESE TERMS.

13. TRAVEL SERVICES AND FINAL PROVIDERS

When Company acts as a travel agency or facilitates travel-related services, reservations, tickets, transportation, hotels, theme parks, cruises, or third-party provider services, Customer acknowledges that such services are subject to the terms, conditions, cancellation policies, restrictions, penalties, and rules of the final provider.

Company does not control third-party policies and shall not be responsible for changes, cancellations, delays, closures, restrictions, denial of access, fare changes, penalties, or decisions made by external providers.

Customer is responsible for reviewing and accepting the conditions applicable to each service, ticket, reservation, or provider.

14. COMMUNICATIONS, MESSAGES, AND PROOF OF ACCEPTANCE

Customer agrees that communications by email, WhatsApp, SMS, web forms, digital checkout, reservation confirmations, and electronic messages may be used as evidence of acceptance, instructions, requested changes, confirmations, payment authorizations, or acceptance of terms.

Customer agrees to provide accurate and updated information, including name, email, phone number, delivery address, hotel, dates, times, and payment method.

Company shall not be responsible for delays, failed deliveries, errors, or losses resulting from incorrect, incomplete, or outdated information provided by Customer.

15. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to conflict of law principles.

The exclusive jurisdiction and venue for any legal action related to this Agreement shall be the state or federal courts located in Orange County, Florida, unless Company elects to bring an action in Small Claims Court or another forum permitted by law to recover unreturned Equipment, damages, unpaid charges, debts, replacement costs, or any amount owed by Customer.

Company expressly reserves the right to pursue claims for unreturned Equipment, damage, theft, loss, unpaid charges, or outstanding debts in Small Claims Court, through collection agencies, or through any other mechanism permitted by law.

16. SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Customer and Free Memories LLC d/b/a Viva La Magia regarding Equipment rental and related services, and supersede any prior conversation, communication, or understanding, unless otherwise agreed in writing and signed or expressly accepted by Company.

18. COMPANY’S RIGHT TO REFUSE SERVICE

Company reserves the right to refuse, cancel, or modify a reservation when there is operational risk, lack of availability, breach of these Terms, false information, abusive conduct, non-payment, risk of damage to Equipment, attempted delivery at a prohibited location, or any other reasonable commercial reason.

19. OFFICIAL CONTACT

Free Memories LLC d/b/a Viva La Magia Orlando, Florida Florida Seller of Travel Registration No. ST44404 WhatsApp: +1 321 710 0366 Email: info@vivalamagia.com Website: www.vivalamagia.com