WILDER CARTS 30A
LOW-SPEED VEHICLE (LSV) MASTER AGREEMENT
Wilder Carts 30A LLC (LSV Owner), Dream Destinations 30A Luxury Rentals, LLC (Agent), and the Property Owner, together with all of their respective owners, members, managers, officers, directors, agents, employees, contractors, assigns, insurers, and affiliated entities (collectively, the “Released Parties”), from any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or in any way connected with the rental, possession, operation, or use of the LSV, including but not limited to:
• Bodily injury, personal injury, or death to any person
• Property damage to any property
• Loss of use or economic loss
• Injuries or damages caused by the negligence of the Released Parties or any other party
• Defects in the LSV, whether latent or patent
• Road conditions, weather conditions, or actions of third parties
B. INDEMNIFY AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) brought by or on behalf of the Renter, any authorized driver, any passenger, or any third party, arising out of or in any way connected with the rental, possession, operation, or use of the LSV, regardless of whether such claims arise from:
• The negligence of the Released Parties
• The negligence of the Renter or any authorized driver
• The negligence or actions of third parties
• Defects in the LSV
• Any other cause whatsoever
C. AGREE TO DEFEND the Released Parties against any such claims and to pay all costs, expenses, and reasonable attorneys’ fees incurred by the Released Parties in defending against such claims.
D. ACKNOWLEDGE that this release, waiver, and indemnification is intended to be as broad and inclusive as permitted by the laws of the State of Florida, and that if any portion hereof is held invalid, the balance shall continue in full legal force and effect.
2. CARE AND RETURN OF LSV
I promise to return the LSV to the location provided immediately upon completion of the rental period in the same condition as received, normal wear and tear excepted. I will operate the LSV safely and responsibly, and I will preserve and protect the LSV from theft, loss, or damage. I agree that the LSV will only be left at the rental property overnight and not at any other properties or locations. I agree and understand that failure to comply with the terms of this agreement will result in forfeiture of my rental fees and deposit. I agree to be legally and financially liable for all costs of repairs to the LSV and for any loss, damage, and/or injuries to my person or property and the persons or property of others, regardless of fault. I agree to reimburse the LSV Owner for all such costs, including but not limited to deductibles and any uninsured losses.
3. OPERATOR ELIGIBILITY AND INSURANCE RESPONSIBILITY
A. Minimum Requirements: I agree that only persons who are at least 21 years of age, possess a valid driver’s license, and carry current liability insurance as required by Florida law may operate or drive the LSV. All drivers must have the explicit written permission of the Renter/Operator. The Renter attests that no other person shall drive the LSV during the terms of this rental agreement except for authorized drivers approved in writing by Dream Destinations 30A.
B. Additional Driver Submission Requirement: Any additional driver(s) must be disclosed to Dream Destinations 30A Luxury Rentals, LLC. Renter agrees to submit the full name, valid driver’s license number, issuing state, expiration date, and current insurance information for each additional driver via email to reservations@dreamdestinations30a.com no later than 24 hours prior to the rental start date.
Failure to provide this information in a timely manner may result in denial of LSV use by unauthorized individuals. All such drivers must be at least 21 years of age, possess a valid driver’s license, and carry active insurance.
C. Insurance Warranty: The Operator represents and warrants that he/she is insured under a policy of insurance that provides coverage for bodily injury or personal injuries to the operator, medical expenses incurred by the operator, and damage or injury to other persons or their property arising from an accident during the operation or use of the rented vehicle.
D. Primary Insurance Notice: In accordance with Florida Statutes §324.021(7) and §627.736, the valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver shall be PRIMARY for the limits of liability and PIP coverage required by Florida law. By signing this agreement, you acknowledge that your personal auto insurance policy—including liability, PIP, and comprehensive/collision coverage—is your primary coverage up to its full policy limits in the event of any loss, damage, or injury.
E. Penalty for Unauthorized Use: If an individual younger than 21 years of age is identified as having operated the LSV, a $700.00 fine will be immediately charged to the designated credit card or account on file, and the Renter shall remain liable for all damages, injuries, and losses resulting from such unauthorized use.
F. Revocation of Privilege: I agree that the privilege of using the LSV may be revoked immediately and without notice by Wilder Carts 30A LLC, Dream Destinations 30A Luxury Rentals, LLC, or the Property Owner, in their sole discretion, for any violation of this agreement. I further agree that I shall not be entitled to any rental refund or deposit return upon such revocation.
4. AUTHORIZATION TO CHARGE FOR DAMAGES AND VIOLATIONS
I authorize Dream Destinations 30A Luxury Rentals, LLC (acting as agent for Wilder Carts 30A LLC) to charge the damage deposit credit card or checking account on file for:
• Any damages to the LSV
• Any costs or liability arising from the use of the LSV in violation of this Agreement
• Fines imposed by Homeowners Associations or governmental authorities
• Costs of repair, towing, impoundment, or recovery of the LSV
• Any uninsured losses or deductibles
• The $700.00 penalty for unauthorized underage operation
• Any other costs or expenses incurred by the Released Parties as a result of Renter’s breach of this Agreement
I understand that each neighborhood has its own unique rules for LSV usage. These rules differ from one community to another and are strictly enforced. Violations may result in fines, impounding of the LSV, and other penalties imposed by the respective Homeowners Association. I commit to following the specific rules and regulations of the community where the rental Property is located.
5. COMPLIANCE WITH LAWS AND REGULATIONS
I understand that an LSV is subject to Florida motor vehicle laws and regulations. I commit to operating the LSV in full compliance with all applicable laws of the State of Florida and local regulations of Walton County, including but not limited to:
• Not operating the LSV while under the influence of alcohol, drugs, or any intoxicating substance
• Obeying all traffic laws, signs, and signals
• Operating only on roads where LSVs are permitted
• Not exceeding the maximum speed limit for LSVs (25 mph)
• Ensuring all passengers remain seated while the LSV is in motion
• Not exceeding the manufacturer’s rated passenger capacity
• Using seat belts where equipped
• Operating with proper lighting during nighttime hours (headlights and taillights required)
I accept full personal responsibility for any moving violations, parking violations, citations, or fines issued in connection with the LSV while it is in my possession, under my control, or during the rental period. I agree to pay all such fines and citations promptly.
I agree not to operate the LSV on the beach, in the surf, or in any manner that would expose the LSV to saltwater or allow saltwater to come into contact with its mechanical or electrical components. I agree not to operate the LSV in an unsafe, reckless, or negligent manner.
6. SEVERABILITY AND GOVERNING LAW
A. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
B. Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Walton County, Florida, or the U.S. District Court for the Northern District of Florida, and all parties hereby consent to the personal jurisdiction and venue of such courts.
C. Florida Statute Compliance: This Agreement is intended to comply with Florida Statutes, including but not limited to Florida Statute §768.28 (sovereign immunity), Florida Statute §324.021 (motor vehicle insurance requirements), Florida Statute §627.736 (personal injury protection), and any other applicable Florida statutes governing rental agreements, liability waivers, and indemnification provisions.
D. Waiver of Jury Trial: TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
7. ACKNOWLEDGMENT OF UNDERSTANDING AND VOLUNTARY EXECUTION
I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY, A WAIVER OF LEGAL RIGHTS, AND AN INDEMNIFICATION AGREEMENT, AND I SIGN IT OF MY OWN FREE WILL.
By affixing my signature below (whether electronic or written), I acknowledge, represent, and warrant that:
• I have read, understand, and voluntarily agree to all terms and conditions of this LSV Rental Agreement
• I have had the opportunity to ask questions and seek legal counsel regarding this Agreement
• I understand that I am giving up substantial legal rights, including the right to sue the Released Parties
• I am executing this Agreement voluntarily and without duress or coercion
• I understand that this Agreement shall be binding upon me, my family members, my guests, and anyone who utilizes the LSV during my rental period
• Any person who operates or rides in the LSV during my rental period is bound by the terms of this Agreement
• I am at least 21 years of age and legally competent to enter into this binding Agreement
• All information provided herein is true, complete, and accurate
Vehicle Inspection: I agree to inspect the LSV prior to operation and to immediately report any damage, defects, or concerns to Dream Destinations 30A. I acknowledge that damages not reported prior to use may be charged to the card on file. Damages will be charged to the card on file upon discovery.