Stroller & Scooter Rental Terms and Conditions

SCOOTER AND STROLLER RENTAL TERMS AND CONDITIONS

RENTAL AGREEMENT AND TERMS OF SERVICE

Free Memories LLC d/b/a Viva La Magia®

Last Updated: September 2026

LEGAL NOTICE: FREE MEMORIES LLC d/b/a VIVA LA MAGIA® is registered with the State of Florida as a Seller of Travel. Registration No. ST44404.

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 a payment, receiving the equipment, accepting delivery, or using any rented item, the Customer agrees to be legally bound by these Terms.

The Customer acknowledges that electronic acceptance constitutes a valid and binding electronic signature to the extent permitted by applicable law.

DEFINITIONS

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

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

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

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

SERVICES, OWNERSHIP, AND POSSESSION OF EQUIPMENT

All rented Items remain the exclusive property of Free Memories LLC d/b/a Viva La Magia®.

The Customer receives the Equipment solely for temporary rental purposes and acquires no ownership interest in it.

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

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

PAYMENTS, DEPOSIT, BALANCE, AND AUTHORIZATIONS

a) Payment method for Equipment rentals. For scooter, ECV, stroller, or other Equipment rentals, the Customer may confirm the reservation by paying an initial deposit equal to thirty percent (30%) of the total reservation amount, unless the Company provides a different payment arrangement in writing.

b) Non-refundable deposit. The deposit paid to confirm the reservation is non-refundable. If the Customer cancels, changes plans, does not use the Equipment, fails to appear, is unable to receive the Equipment for reasons not directly attributable to Viva La Magia®, or cancels for any other reason outside the Company’s control, the deposit will not be refunded.

c) Payment of remaining balance. The remaining balance must be paid in full no later than fifteen (15) days before the scheduled delivery date. If the Customer fails to pay the balance within the required period, the Company may cancel the reservation without refund and the Customer will forfeit the deposit paid.

d) Cancellation after full payment. Once the full reservation amount has been paid, if the Customer cancels, fails to appear, fails to receive the Equipment, changes plans, does not use the Equipment, or cancels for any reason not attributable to the Company, the full amount paid will be non-refundable.

e) Reservations made fewer than 15 days before delivery. When a reservation is made within fifteen (15) days before the delivery date, the Company may require full payment at the time of booking. In such case, the entire amount will be non-refundable unless the Company expressly determines otherwise in writing.

f) Discretionary exceptions. The Company may, at its sole discretion and without obligation, offer credits, date changes, rescheduling, or alternative arrangements when operationally possible. Any exception must be approved in writing by the Company and will not constitute a permanent waiver of these Terms.

g) Authorization for Card on File. The Customer expressly authorizes the Company to securely store the Customer’s payment method through an external payment processor such as Stripe. The Company does not store full credit or debit card numbers on its own servers.

h) Continuing authorization for subsequent charges. The Customer expressly authorizes the 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 other amount due under this Agreement without requiring a new signature or separate authorization.

Such charges may include, without limitation: outstanding reservation balances; late return fees; failed delivery or pickup fees; cleaning fees; repair costs; replacement of accessories; full replacement cost resulting from loss, theft, destruction, or failure to return Equipment; collection costs; and reasonable legal fees, where applicable.

i) No security deposit. To improve the Customer experience, the Company may elect not to place an initial security deposit charge or authorization hold. The Customer acknowledges that the absence of a security deposit does not limit or reduce the Customer’s financial responsibility for damage, loss, theft, misuse, or failure to return the Equipment.

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

Failure to pay may result in the debt being referred for collection, legal action, Small Claims Court proceedings, or any other remedy permitted by law. The Customer agrees to pay all reasonable collection costs, including legal fees, court costs, and administrative charges where applicable.

CANCELLATIONS, REFUNDS, AND RESERVATION CHANGES

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

a) Customer cancellations. Unless the Company expressly states otherwise in writing, all cancellations by the Customer are subject to the deposit, balance, and cancellation policies described in Section 4.

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

c) Customer no-show. If the Customer fails to appear, does not respond, is unavailable, or prevents completion of the delivery in accordance with the conditions and waiting periods set forth in Section 7, the reservation may be considered forfeited and non-refundable.

d) Changes to date, time, or location. Any change requested by the Customer is subject to operational availability and must be approved by the Company. The Company does not guarantee that last-minute changes can be accommodated.

e) Circumstances outside the Company’s control. No refunds will be issued due to delays, changes in plans, weather, theme park closures, illness, personal decisions of the Customer, denial of park entry, hotel restrictions, third-party policies, failure to use the Equipment, or circumstances outside the Company’s reasonable control.

f) Discretionary refunds. The Company may, at its sole discretion, offer credits, date changes, or alternative solutions, but doing so does not create an obligation or modify these Terms.

LATE RETURN FEES AND EXTENSIONS

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

If Equipment is not returned on the agreed date, approximate 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 extension of the Rental Period must be requested and approved in writing by the Company before the Rental Period expires. A request for an extension does not guarantee approval.

If the Customer retains the Equipment without the Company’s express authorization, late return fees will continue to accrue until the Equipment is actually returned, without limiting any additional charges for damage, loss, theft, or unavailability for subsequent reservations.

DELIVERY AND PICKUP POLICIES

a) Theme park delivery restrictions. The Customer acknowledges and agrees that Free Memories LLC d/b/a Viva La Magia® expressly prohibits the delivery, exchange, or pickup of Equipment inside, at entrances to, in parking areas of, within restricted areas of, or on property controlled by theme parks, including, without limitation, 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 the Customer’s confirmed accommodation, such as a hotel, resort, vacation home, temporary residence, or another location outside a theme park expressly authorized by the Company.

The Company will not be responsible for, and will not issue refunds for, confiscation of Equipment, denial of access, delays, loss of time, additional expenses, or damages arising from any attempt by the Customer to receive, return, use, exchange, or arrange pickup of Equipment at a prohibited or restricted location.

b) Customer presence required. The Customer must be physically present for both delivery and final return of the Equipment unless the Company expressly authorizes otherwise in writing.

c) Time selected during booking. The time selected by the Customer during the reservation process is a preferred or requested time only and does not constitute a guarantee of an exact delivery or pickup time.

Because Viva La Magia® performs multiple deliveries and pickups at different locations throughout Orlando and surrounding areas, the Company may make reasonable adjustments to the requested time based on delivery routes, distances, traffic conditions, number of scheduled services, operational availability, and other logistical considerations.

When it becomes necessary to modify the initially selected time, Viva La Magia® will notify the Customer of the expected time or applicable adjustment through WhatsApp, email, SMS, or another contact method provided with the reservation.

A reasonable schedule adjustment due to logistical or operational needs will not constitute a breach of the reservation and will not automatically entitle the Customer to cancellation or refund.

d) Operational arrival window. Delivery and pickup times are approximate and include an operational window of up to fifteen (15) minutes before or after the expected or confirmed time.

For example, a delivery expected at 9:00 AM may reasonably occur between 8:45 AM and 9:15 AM.

The Customer must remain available throughout this window.

If Viva La Magia® anticipates arriving more than fifteen (15) minutes after the expected or confirmed time due to traffic, weather, accidents, road closures, delays involving earlier services, operational circumstances, or another reasonable cause, the Company will notify the Customer as soon as reasonably possible using the contact information provided with the reservation.

e) Waiting period after arrival. Once Viva La Magia® personnel or its authorized independent contractors arrive at the agreed location and notify the Customer of their arrival, they will wait a maximum of fifteen (15) minutes to complete the delivery or pickup.

This waiting period begins upon arrival and notification to the Customer and is separate from the operational arrival window described above.

f) No-show at delivery. If the Customer fails to appear, does not respond, or is unavailable within fifteen (15) minutes after Viva La Magia® personnel arrive and notify the Customer, the delivery will be considered unsuccessful and the reservation may be considered forfeited and non-refundable.

If the Customer requests a new delivery attempt, it may be rescheduled for the next available time, subject to operational availability and a USD $25.00 rescheduling fee.

g) No-show at pickup or return. If the Customer is not present, does not respond, fails to return the Equipment, or the Equipment is not ready for pickup within fifteen (15) minutes after Viva La Magia® personnel arrive and notify the Customer, the personnel may leave the location.

In such case, a USD $25.00 failed pickup fee will apply to compensate the Company for travel and operational time.

The Customer must contact the Company immediately to reschedule the pickup. If the delay results in the Equipment being returned after the agreed Rental Period, the late return fees described in Section 6 may also apply.

LOSS, DAMAGE, THEFT, AND CUSTOMER RESPONSIBILITY

Unless the Customer purchased the Optional Equipment Protection Plan and all applicable conditions are satisfied, the Customer assumes full financial responsibility for the Equipment throughout the Rental Period.

a) Damage assessment. The Company will determine, using reasonable judgment, the cost of repair, cleaning, replacement, or restoration of the Equipment based on market costs, parts, labor, logistics, and availability.

b) Duty of care. The Customer must properly care for the Equipment, use it correctly, protect it against theft or loss, refrain from abandoning it, refrain from lending it to unauthorized third parties, and refrain from using it contrary to Company or manufacturer instructions.

c) Theft prevention for scooters / ECVs. For electric scooters or ECVs, the Customer must remove the key whenever the Equipment is not actively being used 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 where the Customer cannot return the physical key or left the Equipment unsecured, the Customer will be responsible for the full replacement cost.

d) Estimated replacement costs. The 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 the model and actual replacement cost. Double Stroller GT2 / Bob or similar: USD $720.00–$800.00. Single Stroller: USD $350.00. Accessories, rain cover, charger, console, key, or other accessories: USD $50.00–$65.00 or the actual replacement cost if greater.

These amounts do not limit the Company’s right to recover greater documented costs if damage, loss, theft, or replacement results in additional expenses.

OPTIONAL EQUIPMENT PROTECTION PLAN

The Customer may elect to purchase an Optional Equipment Protection Plan at the time of booking for a one-time fee based on the Equipment rented: 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 the Company of certain charges for accidental damage or theft, solely under the conditions expressly stated in this Section.

a) Limited coverage. If the Customer purchases the Protection Plan, the Company agrees not to charge the Customer for accidental damage to the Equipment arising from normal and intended use.

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

b) Exclusions. The Protection Plan will be void and the Customer will remain fully responsible for repair or replacement in any of the following circumstances: gross negligence, including leaving the key in an unattended scooter or ECV; abandonment of 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 Equipment; use contrary to manufacturer or Company instructions; use in sand, water, unauthorized areas, or hazardous conditions; or 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, liability, loss of personal belongings, or damages resulting from the Customer’s use of the Equipment.

SAFETY AND PROHIBITED USES

The Customer agrees to use the Equipment safely, responsibly, and in accordance with instructions provided by the Company, manufacturer, and any location where the Equipment is used.

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

b) Weight limits. The Customer must strictly comply with manufacturer weight limits. Use beyond the permitted weight limit may result in malfunction, accidents, Equipment damage, and full Customer responsibility.

c) Prohibited uses. Equipment may not be used in sand; in water; during heavy rain where safety or Equipment operation may be compromised; on stairs; in unauthorized areas; off reasonably suitable paths or surfaces; in a dangerous, reckless, or negligent manner; to carry more persons than permitted; or by any individual under the influence of alcohol, drugs, or other substances that impair the ability to safely operate the Equipment.

d) Responsibility for misuse. The Customer is responsible for any injury, damage, loss, claim, fine, confiscation, or other harm resulting from misuse of the Equipment.

ASSUMPTION OF RISK, LIMITATION OF LIABILITY, AND INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, THE CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF RENTED EQUIPMENT, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, FALLS, COLLISIONS, IMPROPER USE, MALFUNCTIONS, CONDITIONS OF THE PREMISES, ACTS OF THIRD PARTIES, OR ANY OTHER INCIDENT RELATED TO USE OF THE EQUIPMENT.

a) Indemnification. The 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 legal fees, arising directly or indirectly from the use, misuse, possession, custody, transportation, loss, theft, damage, or failure to return the Equipment.

b) No liability for third parties. The Company will not be responsible for accidents, injuries, delays, confiscations, restrictions, policies, decisions, or incidents occurring at theme parks, hotels, resorts, vacation homes, public areas, transportation facilities, parking areas, or any other location operated or controlled by third parties.

c) No guarantee of access or acceptance by third parties. The Company does not guarantee that any theme park, hotel, resort, attraction, transportation provider, event, or other third party will permit entry, use, storage, or operation of the Equipment. The Customer is responsible for complying with the policies of the location where the Equipment is used.

d) Limitation of damages. Under no circumstances will the Company be liable for indirect, incidental, special, punitive, or consequential damages, lost profits, loss of enjoyment of a trip, loss of time, lost reservations, hotel expenses, ticket costs, transportation expenses, meals, flights, activities, or other indirect economic losses arising from use, inability to use, delay, delivery, pickup, or malfunction of the Equipment, except where applicable law provides otherwise.

NOTICE TO PARENTS OR LEGAL GUARDIANS OF MINORS

NOTICE TO THE PARENT OR LEGAL GUARDIAN OF A MINOR: PLEASE READ THIS AGREEMENT FULLY 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® EXERCISES REASONABLE CARE IN PROVIDING THE EQUIPMENT, THERE ARE INHERENT RISKS ASSOCIATED WITH ITS USE THAT CANNOT BE COMPLETELY 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 DECLINE THESE TERMS, AND FREE MEMORIES LLC D/B/A VIVA LA MAGIA® HAS THE RIGHT TO DECLINE TO RENT EQUIPMENT IF YOU DO NOT ACCEPT THESE TERMS.

TRAVEL SERVICES AND FINAL SUPPLIERS

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

The Company does not control third-party policies and will not be responsible for changes, cancellations, delays, closures, restrictions, denial of entry, rate modifications, penalties, or decisions made by external suppliers.

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

COMMUNICATIONS, MESSAGES, AND EVIDENCE OF ACCEPTANCE

The 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.

The Customer agrees to provide accurate and current information, including name, email, telephone number, delivery address, hotel, dates, approximate times, and payment method.

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

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement will 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 relating to this Agreement will be the state or federal courts located in Orange County, Florida, except that the Company may elect to bring an action in Small Claims Court or another legally permitted forum to recover unreturned Equipment, damages, unpaid charges, debts, replacement costs, or any amount owed by the Customer.

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

SEVERABILITY

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

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the Customer and Free Memories LLC d/b/a Viva La Magia® concerning Equipment rental and related services and supersede any prior conversation, communication, or understanding, except for a written agreement signed or expressly accepted by the Company.

COMPANY’S RIGHT TO REFUSE SERVICE

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

OFFICIAL CONTACT INFORMATION

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

Web: www.vivalamagia.com

VIVA LA MAGIA® – U.S. Registration No. 8,351,037