1. ACCEPTING THESE TERMS

This document referenced makes up our Terms and Conditions (“Terms”, “Agreement”). The Terms are a legally binding contract between you (“Renter”) and My Beach Concierge, LLC (“My Beach Concierge”, “we”, “us”, “our”).

You understand and agree that you are not an agent of My Beach Concierge and you acquire no rights other that what are expressly stated within this agreement

2. WARRANTIES

You understand and agree that there are NO warranties that are expressed, implied, or apparent including but not limited to the merchantability of the golf cart or that the golf cart is fit for a particular purpose.

3. CHANGES

We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

You understand that these terms cannot be modified or changed in any way by representatives or statements by any agent or employee of My Beach Concierge.

 These terms supersede any and all previous oral or written promises and/or agreements.

4.  RENTAL

4.1 My Beach Concierge hereby rents to the Renter, and the Renter hereby rents from My Beach Concierge, a golf cart, subject to the terms and conditions set forth below.

 4.2 Renter acknowledges receipt of the golf cart, which has been examined by the Renter and found to be in good working condition upon receipt. Renter further acknowledges that the golf cart is being leased for the purpose for which it was manufactured and will be subject to the terms and conditions set forth in this document. The only rights of the Renter are those rights specifically granted under the terms of this document.

5.  INSURANCE

5.1 You agree to maintain a vehicle insurance policy which includes rental coverage and uninsured motorist and/or motor vehicle coverage during the entire rental period which is the date and time the golf cart is delivered to the date and time the golf cart is picked up even if the rental period contained in your confirmation has expired. It is your responsibility to ensure your policy provides these coverages and not that of My Beach Concierge even if/when My Beach Concierge is provided a copy of your policy.

 5.2 If your vehicle insurance policy does not include rental coverage and/or uninsured motorist/motor vehicle coverage then it is your responsibility to add it and not that of My Beach Concierge or you agree to be fully liable for any injury, damage, and/or third-party claims.

 5.3 You expressively agree to be responsible for any handing, defending, and paying of all third-party claims including but not limited to bodily injury, death, property damage, income loss, and/or punitive damages. Furthermore, your responsibility includes covering all third-party claims your insurance does not specifically cover and/or does not fully cover as well as any claims.

6.  PROHIBITED USES

6.1 The acts listed in this paragraph are prohibited uses of the golf cart and constitute a breach of this Agreement. You waive all recourse against us for any criminal reports and/or prosecutions that we initiate against you arising from your breach of any terms of this Agreement.

 6.2 Additionally, you hereby acknowledge that golf carts:

• •  Are not to be operated by any person in an impaired state,
  • Are not to be operated by a driver utilizing earphones or headphones unless utilized by the hearing impaired,
  • Are not to be operated by a distracted driver including but not limited to using a cell phone for a call that is not handsfree (see previous bullet), texting, emailing, opening/closing/using any app including but not limited to the playing of music and/or use for navigation.
  • Are allowed on primary or secondary roads only (roads with a posted speed limit of 35mph or less).
  • Must not exceed the seating capacity (4-seat = 4 passengers, 6-seat = 6 passengers, etc.).
  • Must be operated by licensed drivers at least 21 years of age who have provided a copy of their valid driver’s license to My Beach Concierge. Authorization of any driver to operate the golf cart is your sole responsibility and is not determined, authorized, or approved by My Beach Concierge.
  • Must be operated in compliance with all state and city laws and ordinances including but not limited to:
  • All passengers wearing seatbelts,
  • All children properly secured in a car seat as required by law whether that car seat was provided by you or rented from My Beach Concierge,
  • Driving on state-maintained roads of 35mph or less and parking in designated parking spaces. No driving or parking on sidewalks, beaches, or other unallowed and/or unlawful areas
  • Must pull over and allow traffic behind the golf cart to pass when it there is enough space to safely do so without violating any law, ordinance, or provision of this agreement.
  • Do not have the volume of the audio speakers turned up to a volume which distracts the driver of the golf cart, a driver of another vehicle, or creates a nuisance to any neighbor and/or bystander.

7.  ASSUMPTION OF RISK

7.1 You understand that you are participating in an activity with possible risks to yourself and others, including the risks of death, serious bodily injury, and property damage. You are completely responsible for the safety of yourself, any person or any item/material associated in any way with the golf cart including but not limited to riding in or on the golf cart, standing near the golf cart, being in the path of the golf cart, or any other person or vehicle which could become injured by the golf cart and/or action by the driver or any passenger on the golf cart.

 7.2 You hereby state that, to the best of your knowledge, you are in good physical and mental condition and understand the golf cart safety procedures. You voluntarily assume all risk of accidents or damage to your person or property connected in any manner with your use, operation, or rental of the golf cart.

8.  RELEASE AND INDEMNIFICATION

8.1 You hereby release My Beach Concierge, its agents, managing members, employees, and representatives from all claims, demands, actions, and liability for damage, loss, or injury arising out of or sustained in connection with your use, operation, or rental of the golf cart.

 8.2 You further agree to indemnify and hold us harmless from all claims, demands, actions, causes of action, including attorney’s fees, expenses, and costs, of yourself or third parties arising from your use, operation, or rental of the golf cart. This release and indemnification shall be binding upon your heirs, administrators, executors, and assigns.

9. CONDITION AND RETURN OF GOLF CART

9.1 You must return the golf cart to our rental office or another location we specify, on the date and time specified on your reservation, and in the same condition that you received it. The golf cart remains our property, and failure to return it on the agreed date may constitute Grand Theft.

9.2 Service to the golf cart or replacement of parts or accessories must be provided and/or completed by My Beach Concierge or our authorized representative.

10. RESPONSIBILITY FOR GOLF CART DAMAGE OR LOSS

10.1 You are responsible for all damage to or loss of the golf cart, including the cost of repair or the actual cash retail value of the golf cart on the date of loss if the golf cart is not repairable or if we elect not to repair it, whether or not you are at fault.

10.2 You are responsible for theft of the golf cart, loss of use, diminished value of the golf cart caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to the police and us as soon as you discover them.

11. CHARGES, CANCELLATION, AND ADDITIONAL TERMS

11.1 You authorize the total rental amount to be charged to your credit card. Debit Cards are NOT an acceptable form of payment. You understand and are fully responsible for the Golf Cart during the rental period and any damage or loss incurred while in your possession and assure proper use of the Golf Cart you are renting.

11.2 If you use a Debit Card to secure your reservation, the reservation may be cancelled and/or you may not receive a full refund (see 11.3).

11.3 You may cancel your rental and receive a full refund if canceled before four (4) weeks prior to the start date of the reservation or a fifty percent (50%) refund if canceled before two (2) weeks prior to the start date of your reservation. Any cancellation after twenty-four (24) hours after the reservation is confirmed will result in the deduction of a $50 admin fee or four percent (4%) of the reservation total (golf cart, fee(s), delivery charge, and/or taxes) whichever is greater.

11.4 A delivery fee will apply when delivery is outside of 30 miles from our storage location at 6815 Manatee Avenue W, Bradenton, FL 34209. The delivery fee will be calculated and disclosed to you prior to finalizing your reservation.

11.5 If your golf cart is not present at the pick-up location at the designated pick-up time, you understand and agree that you will be charged for the extra rental day(s) in excess of this lateness, with the first penalty day beginning at the time of the originally negotiated pick-up time, and that you will further incur a supplemental pick-up fee of $100 unless otherwise agreed.

11.6 You understand that you are personally responsible for all vandalism and/or loss of golf carts(s) while in your possession. You authorize My Beach Concierge to charge any damages to your credit card provided for rental.

11.7 You understand and authorize My Beach Concierge to charge your credit card for an amount to cover any necessary charge(s) to resolve the following issues:

• • a lost battery charger fee of $375,
  • a broken windshield fee of $125,
  • a dead battery fee of $250, whether or not you plugged the golf cart up to charge, or
  • replacement for a lost key fee of $150,

11.8 You understand and authorize My Beach Concierge to charge your credit card for an amount to cover any necessary charge(s), including any legal and/or attorney fees, to resolve the following violations:

• • any parking ticket(s),
  • any impound and/or parking boot fee(s),
  • any traffic violation(s),
  • Homeowner’s Association (HOA) violation(s), or
  • any fee/ticket/charge related to your possession and/or operation of the golf cart.

11.9 If a dispute arises, you agree that a third-party company appointed by My Beach Concierge, not associated with either yourself or My Beach Concierge, will decide the cost of damages or replacement value if both parties cannot reach a mutual agreement. The renter shall pay any legal and/or attorney fees incurred by My Beach Concierge to obtain monies owed by the Renter.

12. MANDATORY EVACUATION

In the event of a mandatory evacuation, My Beach Concierge will prioritize your safety by arranging the timely retrieval of our golf carts. Customers will be provided with a credit for the unused rental days, valid for their next visit to the island.

This credit will be applied to future bookings within two years from the original rental date. We kindly ask that you contact us as soon as possible to arrange the return of the golf cart to ensure everyone's safety.

If you must cancel your trip before arrival due to a mandatory evacuation, you will receive a full credit for your rental, valid for use within two years from the original rental date. Please note that these policies apply ONLY to mandatory evacuations issued by state and/or local authorities.

13. TELEMATICS AND GLOBAL POSITIONING SYSTEM (GPS) TRACKING

For safety, security, fleet management and/or any other operation purpose, you consent to My Beach Concierge equipping the golf cart with a telematic device and/or GPS tracking device. This data may include the golf cart’s exact location, speed, usage pattern, or other operational detail(s). Information gained by the attached device(s) may be used by My Beach Concierge to recover a lost or stolen golf cart, monitor compliance with this agreement, and/or other operational reasons as determined by My Beach Concierge.

14. ORDER OF PRECEDENCE

You will be required to execute a Rental Agreement prior to taking possession of the golf cart. In the event of any conflict, ambiguity, or inconsistency between these Terms of Service and the Rental Agreement, the provision that imposes the greater restriction, obligation, or liability on the Renter OR that provide My Beach Concierge with greater protection shall control and supersede the conflicting provision. If it cannot be reasonably determined which provision is more restrictive or protective, the Rental Agreement shall control, as it is executed most recently in time and directly related to your specific rental.

15. WAIVER INDEMNITY

A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You agree that this Agreement and any dispute arising therefrom, as well as any dispute arising from your operation or use of the Golf Cart, shall be determined under the laws of the State of Florida. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a golf cart. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

16. FLORIDA STATUTES

Florida Statutes 812.155 Paragraph 3

FAILURE TO REDELIVER HIRED OR LEASED PERSONAL PROPERTY

“Whoever, after hiring or leasing any personal property or equipment under an agreement to redeliver the same to the person letting such personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that event the violation constitutes a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084.”

The above statute refers to a not so common term called theft of services. Please return the Golf Cart by the dates and time indicated in your reservation confirmation or call to extend your reservation for additional days, if there is availability. Availability is not guaranteed.

17. COMPREHENSION AND ACKNOWLEDGEMENT

Please read this document carefully before completing your reservation. If you do not understand any provision of this Agreement, you should not complete the reservation until you obtain clarification of the provision you do not understand. You are encouraged to have this document reviewed by your legal representative and/or by any other advisor you may have before you sign this Agreement.

You understand and agree that you have been instructed on how to properly operate the vehicle and have had and/all questions answered to a degree in which you fully understand. Failure to comply with these terms will result in the termination of your rental and repossession of the golf cart with NO refund provided.

By completing your reservation, you acknowledge that you will be required to review and sign a separate Rental Agreement prior to receiving the golf cart, and that both these Terms of Service and the Rental Agreement are both binding upon you (see section 14 – Order of Precedence).