RENTAL AGREEEMENT

ALL DROP OFFS START IN THE AFTERNOON AFTER 2 PM. THE TIME OF DROP OFF WILL BE ACCORDING WHEN YOU RESERVED. ALL PICK UPS WILL START AT 8 AM. PLEASE HAVE THE CART READY AND CHARGED BY 8 AM. IF THE CART IS NOT AT THE DROP OFF LOCATION AT 8 AM YOU WILL BE CHARGED AN ADDITIONAL $75 FOR THE DRIVER TO COME BACK.

The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by sections 324.021(7) and 627.736, Florida Statues

Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due(including costs for damage to the property or equipment) are prima facie evidence of intent to defraud, punishable in accordance with section 812.155, Florida Statues

The Renter(s) attest that he/she is of at least 21 years of age and that he/she possesses a valid driver’s license and insurance as required by law. The operator(s)/renter(s) represents and warrants that he/she is insured under a policy of insurance which would provide coverage or injuries to the operator/renter and medical bills incurred as well as for damage to the person and property of others should an accident occur during the operation or use of the rented vehicle. The operator(s)/renter(s) attest that no other person shall drive the rental vehicle mentioned herein during the terms of this rental agreement or while rental vehicle is in possession of renter except for the authorized drivers.

Notice: Rental and leasing drivers insurance to be primary. The valid and collective liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary to the limits of liability and personal injury coverage required by SS.324.021(7) and 627.736, Florida Statutes. -You are hereby notified that by signing this contract below, you agree that your own liability, personal injury protection and comp/collision will provide primary insurance coverage up to its full policy limits. -The renter agrees to return the rental property, or have ready for return, at the initial delivery address immediately upon completion of the rental period in condition equal to that in which it was received with normal wear and tear accepted. The renter agrees that if he or she has not returned said vehicle within 1 hour of the agreed upon time and at the above mentioned and agreed upon address, or is the vehicle is abandoned, he or she will bear all expenses incurred by Blue Mountain Beach Carts LLC in attempting to locate and recover said vehicle, and hereby waves all recourse against authority responsible for renter’s arrest or prosecution, even though the renter may consider such arrest or prosecution to be false, malicious or unjust. -In the event that the rental property becomes unsafe or in a state of disrepair, the Renter agrees to immediately discontinue use of property, and promptly notify Blue Mountain Beach Carts LLC. The renter understands that in the event the property shall become inoperable through no fault of the renter, Blue Mountain Beach Carts LLC will take reasonable steps to have the vehicle repaired or replaced. In the event a replacement is not available, the Rentor at his discretion may modify the rental agreement to reflect an adjustment of price on a prorated basis. -The renter(s)/operator(s) understand that a Low Speed Vehicle is a motorized vehicle that is only permitted on roads of 35 mph or less and ALL TRAFFIC LAWS MUST BE OBEYED. The renter(s)/operator(s) represent and warrant that he/she is familiar with the traffic rules, laws and regulations of the municipality wherein the rented vehicle is to be operated and will at all times comply strictly with the same. No driver under the age of 21 years old is allowed to drive.

Other:

-Renter acknowledges receipt of the herein described personal property. Both parties agree that the property was inspected by the renter at the time of delivery and accepted by the renter, and that the property was in good and serviceable condition. -Renter agrees to pay for loss or damage of rental property as well as all associated parts, attachments, keys and flat/damaged tires. Any tampering, altering, or replacing any parts, accessories or any components of the rental property is not allowed. If rental property is found to have been tampered with or altered, renter agrees to pay for all damages, and any cost to restore rented property, including loss of use. Renter’s credit card or purchase order will be charged for any and all damages, theft, or loss of the rental property on a “cash on demand” basis up to the value of the rental property. Rental fees shall continue to accrue until such time as the lost rental property is paid in full. -Renter agrees that if an unauthorized driver or underage driver operates this vehicle or if the vehicles is misused which causes damage or injury to the vehicle, renters, or any parties involved that all vehicles listed on this contract will be picked up and no money paid for the rental of this vehicle will be refunded.

-Renter accepts rental property in its current state and current state of charge and is responsible for maintaining proper charging of vehicle and agrees to return the rented property fully charged. If vehicle is returned without full charge, a one day rental fee($125) will be charged to the renter’s credit card.

-Title to the rented property is, and at all times shall remain in the name of the Rentor. The parties agree that the Lessee is not and does not hereby become an agent, servant, or employee of the Rentor in any manner whatsoever. The Renter acknowledges said vehicle is the rightful property of the Rentor, although registered title may be in a third party name. The parties agree that the Rentor is neither the manufacturer of said property, not the agent of the manufacturer and that no warranty is given against evident or hidden defects in material, workmanship or capacity. Rentor shall not be liable to Renter for any loss, delay or damage of any kind resulting from defects or inefficiencies of the rented property or in the event of an accidental breakage. -Renter shall give the Rentor immediate notice of any levy attempted upon the rental property, or if the property for any cause becomes liable to seizure and indemnify the Rentor against all losses and damages caused by such action, including Rentor’s reasonable attorney fees and expenses. -Renter agrees to indemnify and hold the Rentor harmless against any and all losses, damages, expenses and penalties arising from any action causing injury to person(s) or property during operation, handling or transportation of the rented property during the rental period, or wile the property is in the possession and/or control of the Renter. Renter waves and releases Rentor from all claims from injuries or damages to the Renter or property caused by the use of rental property by the Renter. The operator/renter assumes all risk of loss arising from the negligent use or operation of the rented vehicle. - Should collection or litigation become necessary to collect against any damage and/or loss, Renter agrees to pay all fees including attorney fees and court costs. Any claim or controversy under this agreement shall be settled in accordance w/ the State of Florida and local laws of Okaloosa-Walton Counties and a judgment for a claim may be entered in any court having jurisdiction of the location where both parties executed the rental agreement. The parties agree that Walton County, FL shall be the local for any arbitration of court settlement. -The renter(s)/operator(s) warrants and represents that he/she will always exercise extreme caution while operating the rented vehicle, especially during periods of inclement weather, crowded roadways or situation involving special hazards and will exercise the highest standard of due care and diligences. The renter(s)/operator(s) will not drink any alcoholic beverages or engage in illegal activities or substances while in charge of or operating the rented vehicle. -The renter(s)/operator(s) understands that severe injuries may occur while operating the leased vehicle and clearly understands that if an accident were to occur, injuries to the Renter(s)/operator(s) as well as fellow passengers will certainly occur. For the safety of all, seat belts must be worn. If the renter(s)/operator(s) is observed operating the rented vehicle carelessly, recklessly, dangerously or in a manner likely to cause injury or damage to him or herself or any other persons or property or on any unpaved roadways, the renter(s) will forfeit any deposit made on the rented vehicle and will assume any fines or penalties as of a result thereof. -Should any paragraph or provision violate the law and is unenforceable, the rest of the agreement will remain valid. I, the Renter agree to adhere to the warnings, terms and conditions of this rental agreement and the fee’s and/or charges that may result in violations thereof.

You are responsible for all injury, damage and loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to all other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you breach this Agreement or if you fail to cooperate in a loss investigation conducted by us or our insurer.

Giving the Vehicle to an unauthorized driver terminates coverage under the Policy.

Any damages will be charged to this card. Please inspect the cart and point out any pervious damages. All renters who receive a parking ticket(law enforcement written only) and do not pay the ticket will result in a $300.00 charge plus the cost of the ticket from Blue Mountain Beach Carts LLC.

We must have a valid credit card on file to rent a cart. Entering any incorrect credit information will cancel your reservation. Please use a credit card that will be valid on the dates of your rental. Signing this contract gives Blue Mountain Beach Carts LLC authorization to charge the credit card listed below for any charges or expenses in relation to this contract to this agreement.