LOW SPEED VEHICLE ("LSV" - otherwise referred to as a "golf cart) AGREEMENT
This LSV Agreement (“Agreement”) is made between Breathe Easy Rentals, Inc. (“Management Company”), and (“Guest”). Management Company, Owner (as defined herein) and Guest are hereinafter collectively referred to as “Parties” or singularly as a “Party”. Now, therefore, in consideration of the rental unit payments to be made by Guest and the mutual promises and covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows:
1. Rental of LSV. Management Company agrees to make a low speed vehicle (the “LSV”) available for use in connection with Guest's rental (the “Rental Unit”) from Management Company, according to the terms and conditions of this Agreement. Guest acknowledges that Management Company is not the owner of the LSV, and is providing the LSV to Guest on behalf of the owner (“Owner”). Guest represents and warrants that all the information provided by Guest is and shall remain true and correct.
2. Term. The term of this Agreement shall begin at the time that Guest checks into the Rental Unit, and shall terminate at the time that Guest checks out of the Rental Unit, unless terminated earlier consistent with the terms herein (the “Rental Period”). Management Company shall have the right to terminate this Agreement at any time, whether or not a breach of this Agreement has occurred, without compensation or reimbursement of or in any amounts to Guest.
3. Use. Guest shall use and operate the LSV according to the following terms and conditions.
1. Authorized Drivers. The LSV shall only be driven by the Guest or Guests who have signed this Agreement. No other persons are authorized to operate or drive the LSV. The LSV shall only be driven by persons of at least 25 years of age who possess a valid driver’s license. Guest shall not permit any unauthorized person to operate or drive the LSV. Guest shall be responsible for ensuring compliance with this Agreement by all persons operating, driving, using and riding in the LSV, and agrees to be liable for the acts, omissions and conduct of all such persons that operate, drive, use or ride in the LSV.
2. Compliance with Laws and Permitted Areas of Use. Guest, and all persons Guest allows to operate, use or ride in the LSV, shall do so in a safe and appropriate manner, in areas in which LSVs are permitted to be operated and in compliance with all local, state and federal rules, ordinances and laws. The LSV shall only be operated and used within the Sandestin Golf & Beach Resort® and shall not be removed from or driven out of the Resort.
3. Rules and Regulations. Guest, and all persons Guest allows to operate, use or ride in the LSV, shall observe and abide by the LSV Rules and Regulations attached as Exhibit A and incorporated herein by reference, and with any additional rules and regulations that hereafter may be adopted and announced by the Management Company (collectively, the “Rules and Regulations”). Guest shall ensure that authorized drivers and users of the LSV issued shall be given a copy of all referenced Rules and Regulations.
4. Damage, Accidents or Loss. Should Guest or the LSV cause or become involved in an accident of any kind, regardless of the seriousness, Guest must stop and contact the Management Company immediately and cooperate with any necessary documentation requested. Guest is responsible for the LSV at all times during the Rental Period. If the LSV should become missing or stolen during the Rental Period, Guest shall immediately report it to the Management Company and local Law Enforcement. If the LSV is not located, a police report will be filed and the Guest will be billed accordingly.
5. Guest shall immediately report any damage to the LSV to the Management Company. Should maintenance or repair to the LSV become necessary (flat tire, oil leak, etc.) during the Rental Period, Guest shall notify the Management Company immediately. Guest shall not perform or attempt to perform any maintenance or repair on the LSV. Should the LSV become inoperable through no fault of the Guest, the Management Company will take reasonable steps to have the LSV repaired. The Management Company is under no obligation to have the LSV repaired prior to the end of the Rental Period or to provide another LSV to Guest. The inability of the Management Company to have the LSV repaired will not entitle Guest to monetary compensation, alternate transportation or for refund of or discount to Rental Unit fees paid by Guest.
4. Risk of Loss. Guest hereby assumes and shall bear the entire risk of loss and damage to the LSV while in Guest’s possession from any and every cause whatsoever. Guest shall be responsible for any loss or damage to the LSV and loss of use, diminution of the LSV’s value caused by damage to it or repair to it and missing parts, normal wear and tear excepted. Neither the Management Company nor Owner is responsible for loss or damage to any of Guest’s, nor any other parties’ personal property damaged by, used on or in or left in or on the LSV. Guest and his or her insurer waive all rights of subrogation against Management Company and Owner for such losses. No loss or damage to the LSV or any part thereof shall impair or diminish any obligation of the Guest under this Agreement.
5. Condition of LSV and Return of LSV.
1. Condition of LSV. Unless Guest notifies the Management Company otherwise in writing, it is understood that Guest has examined the LSV and that it is in good condition.
2. Return of the LSV. Guest shall return and surrender the LSV on the date and at the time of check out from Guest’s Rental Unit, in the same condition as Guest received it, except for normal wear and tear. Guest shall return the LSV to any location specified by the Management Company. If the LSV is not returned on said date, Management Company and Owner reserve the right to take any action necessary to regain possession of the LSV.
6. Ownership. LSV is and shall at all times be and remain, the sole and exclusive property of the Owner; and the Guest shall have no title or interest therein or thereto, except as expressly set forth in this Agreement.
7. Default and Remedies. If Guest fails to pay any amount due hereunder on or before ten (10) days after same becomes due and payable; or if Guest breaches, defaults or fails to observe or perform any term, condition, duty or obligation under this Agreement, Management Company and/or Owner shall have the right to pursue all remedies available at law or in equity. All of the Management Company’s and Owner’s remedies are cumulative and may be exercised concurrently or separately. Any amounts due hereunder that are not paid on or before ten (10) days from the date same is due and payable shall be subject to a late charge equal to $100.00, and in addition, shall accrue interest at the rate of 18% per annum or the highest rate allowable by law, whichever is less, and all such amounts are due and payable on the date they accrue. In addition, Guest will file with Management Company, a valid credit card to which any and all damages may be charged.
8. INDEMNIFICATION. GUEST AGREES TO ASSUME ALL RISKS INHERENT TO THE OPERATION AND USE OF THE LSV AND SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD THE MANAGEMENT COMPANY, THE OWNER, THEIR PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, AS WELL AS THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, AND EACH OF THEM (INDIVIDUALLY “INDEMNIFIED PARTY” AND COLLECTIVELY “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, INJURIES, SUITS, ACTIONS, CAUSES OF ACTION, CHARGES, JUDGEMENTS, COSTS AND EXPENSES (INCLUDING ALL REASONABLE ATTORNEY’S FEES AND COURT COSTS) AND LIABILITY FOR ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY WHATSOEVER ( INDIVIDUALLY “CLAIM” AND COLLECTIVELY “CLAIMS”) ARISING IN WHOLE OR IN PART FROM GUEST'S OPERATION, USE OR MISUSE OF THE LSV. GUEST RECOGNIZES AND AGREES THAT INCLUDED IN THIS INDEMNIFICATION CLAUSE, BUT NOT BY WAY OF LIMITATION, IS GUEST'S ASSUMPTION OF ANY AND ALL LIABILITY FOR INJURY, DISABILITY AND DEATH OF PERSONS CAUSED BY THE OPERATION, USE, MISUSE, CONTROL, HANDLING, TRANSPORTATION OF THE LSV BY GUEST. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL THE MANAGEMENT COMPANY OR OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM GUEST'S USE OF THE LSV, INCLUDING BUT NOT LIMITED TO LOSS PROFITS, INCOME OR REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 9. DISCLAIMER OF WARRANTIES. MANAGEMENT COMPANY, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THE LSV, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE LSV, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. MANAGEMENT COMPANY FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE LSV. AS TO THE MANAGEMENT COMPANY AND OWNER, GUEST RENTS THE LSV “AS IS” AND “WITH ALL FAULTS”. MANAGEMENT COMPANY AND OWNER SHALL NOT BE LIABLE IN ANY EVENT TO GUEST FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, THE LSV HEREBY RENTED OR ACCIDENTAL BREAKAGE THEREOF.
1. Notices. All notices, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered to, or sent registered or certified mail, return receipt requested, first class postage prepaid to the Parties at such addresses indicated in this Agreement. Any Party may change the address, facsimile number, or email address, to which such communications are to be directed by giving written notice to the other Party in the manner provided in this Agreement.
2. No Joint Venture. Nothing contained herein or done pursuant hereto shall construe a partnership or joint venture between the Parties hereto, and neither Party shall become bound by a representation, act or omission of the other.
3. Assignment and Binding Agreement. This Agreement shall not be assignable, whether by operation of law or otherwise, by any Party hereto without the prior written consent of the other Party. This Agreement shall be binding upon and shall insure to the benefit of the Parties hereto and their respective permitted assignments.
4. Entire Agreement. This Agreement constitutes the entire Agreement among the Parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written of the Parties. No amendment, supplement, modification or waiver of this Agreement shall be binding unless executed in writing by the Party to be bound thereby.
5. Severability. Neither Party is relying on any promise, statement or representation other than those expressly written in this Agreement. In the event that any provision, or part thereof, of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions, or parts thereof, shall not in any way be affected or impaired thereby.
6. Jurisdiction and Venue. This Agreement and the rights and obligations of the Parties’ hereto shall be construed under the laws of the State of Florida, without giving effect to the principles of comity or conflicts of laws thereof. The Parties acknowledge that a substantial portion of negotiations and anticipated performance of this Agreement occurred or shall occur in Walton County, Florida, and therefore each of the Parties irrevocably and unconditionally agree, (a) that any suit, action or other legal proceeding arising out of or relating to this Agreement shall be brought solely in the courts in Walton County, Florida; (b) consents to the jurisdiction of such court in any such suit, action or proceeding; (c) waives any objection which they may have to the laying of venue of any such suit, action or proceeding in the Walton County, Florida courts; and (d) confers in person and subject matter jurisdiction solely to the courts in Walton County, Florida.
11. WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 12. ATTORNEY'S FEES AND COSTS. Management Company and Owner are entitled to reimbursement of all fees, costs and expenses incurred (including attorney’s fees) in collecting any amounts due hereunder, whether or not any action or suit is filed or commenced. In the event a dispute arises between any Parties related to or arising out of any breach or alleged breach of this Agreement, or any representation, covenant or warranty contained in this Agreement, and such dispute gives rise to any administrative proceeding, arbitration, court action or other legal process or proceeding, then, the prevailing party in such dispute shall be entitled to reimbursement from the non-prevailing party for all losses, damages, costs, liabilities or expenses reasonably incurred by the prevailing party in furtherance of or defense of said action, process or proceeding, including, without limitation, reasonable attorney’s fees whether incurred in pre-litigation, preparation for or conduct of trial, administrative or arbitration proceedings, appellate proceedings, or post-judgment proceedings, including, without limitation, proceedings to determine, obtain, and secure any entitlement to an award of attorneys’ fees, as well as the reasonable amount of same, contemplated under this Agreement.
13. Authority for Transaction. This Agreement and the instruments and documents contemplated hereby and the execution and delivery hereof does constitute a valid and binding obligation of the parties and is enforceable in accordance with Florida Law.
14. Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identity of the person or entity may require.
15. Headings. Paragraph headings are for the reference purpose only and shall not affect the meaning, construction, or effect of this agreement.
Exhibit A: LSV Rules and Regulations
1. The LSV shall only be driven by persons of at least 25 years of age who possess a valid driver’s license.
2. Please do not allow number of persons to exceed listed number of seats available: 4
3. Absolutely NO GLASS or NO ALCOHOL will be permitted on the LSV. Operation of the LSV while under the influence of alcohol, medications or other intoxicants is prohibited.
4. All persons who intend to drive a LSV are required to sign a LSV Rental Agreement prior to operating a LSV.
5. There will be instructions inside your digital guidebook indicating which LSV space is designated for the LSV.
6. The LSV key will be located inside the unit in a key box located beside the front door.
7. The LSV should always be connected to the charger when not in use.
8. Guest should store the charging cord under the LSV seat.
9. The battery charger will turn itself off when the meter reaches “0” and the batteries are fully charged. It takes approximately eight hours to fully charge the battery.
10. If the LSV will not move, please lift the seat and make sure the run/tow switch is turned to run.
11. The LSV has forward, reverse and neutral gears. When in reverse, you should hear a backing horn (buzzing sound).
12. LSVs may be driven only on Sandestin common roadways and may not be operated on any sidewalk or path that is not specifically designated for such use.
13. All LSV drivers shall abide by all traffic laws.
14. All persons are required to be seated in an installed seat specifically designed for such use during the operation of the LSV and are not permitted to stand up or be seated on the cart's body or framework.
15. INFANTS AND SMALL CHILDREN ARE ESPECIALLY AT RISK AND SHOULD BE SECURED AT ALL TIMES BY ANOTHER LSV PASSENGER AGE 18 OR OLDER. THE DRIVER MAY NOT HOLD A CHILD OR INFANT WHILE OPERATING A LSV. DRIVERS NEED TO BE FULLY AWARE OF THE MANY SAFETY RISKS TO CHILDREN WHILE OPERATING LSVS.
16. The driver may not hold an animal or an object in a manner that impairs vision or ability to safely operate the LSV.
17. LSVs should always be parked in designated parking spaces and LSV approved spaces when available. In addition to this policy, individual neighborhood associations may have their own LSV rules.
18. Do not leave LSV unattended unless the ignition key is switched off and removed.
19. Always return LSV to the designated parking space at the Rental Unit.
20. Always return the LSV key to the designated key box located inside the Rental Unit prior to departure.
21. Guest must alert Breathe Easy Rentals within 15 minutes of the LSV becoming disabled and unmovable from the roadway/sidewalk. Disabled or abandoned LSVs must be removed from SOA Common areas, which includes but not limited to, SOA owned roadways and parking areas, as soon as possible. LSVs determined to be disabled or abandoned shall be tagged by Security with a notice of warning to have said cart removed. The notice shall include the date, time, and location the cart was reported. The owner shall have 24 hours to have the cart removed from the time of notice. The Security Department is authorized to have all disabled or abandoned carts in violation of this rule removed at the owner’s expense pursuant to Chapter 715.07 Florida Statutes. Guest will be responsible for any towing fees assessed by Breathe Easy Rentals or Sandestin Resort/Owner.
a. Guest shall be liable for all damage to the LSV.
b. Guest will return the LSV to designated location or an Equipment Pick-Up Fee will apply - $75.00 + tax
c. Guest will leave the LSV plugged-in at charging location upon departure or a fee will apply - $75.00 + tax
d. Failure to charge the LSV which results in Management Company having to tow will apply - $150.00 + tax
e. Guest is expected to remove all debris, personal effects and leave the LSV in the same condition upon receipt or a cleaning fee will apply - $50.00 + tax
f. Loss of LSV key or failure to return to the designated key box in the rental property will result in a re-keying fee - $150.00 + tax
Guest acknowledges that Sandestin Owner's Association (SOA) has rules and regulations ($100.00 minimum plus a $25.00 Management Company fee) related to the operation of equipment within the community and on its roadways including the following fines:
a. Driving a LSV on an unapproved path, sidewalk, landscape or restricted areas - $125 + tax
b. Transporting baggage, coolers, or other objects on roof or other portion of the LSV without a designated rack designed for that purpose; this section includes service vehicles operated by any commercial entity - $125 + tax
c. Exceeding the maximum capacity of the LSV, standing or riding on the LSV framework, or overloading LSV while in operation - $125 + tax
d. Underage children operating LSV. Drivers must be at least 18 years of age and have in their possession a valid automobile operating license. - $125 + tax
e. Transporting infants or small children improperly (i.e. the driver is holding the child or a minor is holding the child, or the child is unsecured in a seat and their feet can’t reach the ground) - $125 + tax
f. Holding any animal in the driver’s lap as such activity may hamper the driver’s ability to safely operate the cart - $125 + tax
g. Violating the approved Traffic laws and Rules on Sandestin roads – Fines based on Traffic Rule fine schedules.
h. Towing or dragging a wagon, cart, bicycle or skateboard whether occupied or unoccupied is prohibited - $125 + tax
i. Racing or other activities that could pose a hazard to the driver, occupants, others, or property - $125 + tax
j. Parking Violations - $125 + tax
Violations of any SOA rules and regulations will result in the listed fee and subsequent offenses will be subject to the revocation of LSV privileges for the remainder of the booked stay.
Our vacation was wonderful. Once we figured out how to navigate around the construction closures, we were off to have a fantastic time.- Roger M. from Mooresville, Posted: 09/26/2022
From the very start, this trip was handled so professionally it makes me wish all trips were this easy. They include links for everything you could ever want to know and they touch base with you once you arrived to make sure everything is the way it should be. Thanks for taking pride in what you do!
The unit itself was amazing! The views were some of the best I’ve ever had of the gulf. The golf cart is just the cherry on top but so much more! It’s something that my kids will have to have on all future stays. Looks like you have locked in a future customer for our summer vacations. Thanks again!- Paul B. from Gainesville, Posted: 08/04/2022
Did you have a good overall stay? It was a great stay. Much warmer than Central Wisconsin.
Was the vacation rental in a great location? The location was right on the beach with a breath taking view of the water.
Was the home clean and in good shape? The apartment was in great shape and very clean. It had everything including starter coffee, laundry detergent and dish soap. It did not have salt/pepper
Was the vacation rental management staff helpful? Yes we had many questions and Britteny was able to help with all of them.
Things to change. The golf cart was not really a big help. A paper map would have helped with cart paths. We could not find ways to get where we wanted to go with the cart and ended up taking the car. 2-3 days before our scheduled arrival time we were offered to come in a day early. We were on the road already, coming from a long distance and was not helpful. If we were flying, how would you change your flight in such a short notice?- Jeff S. from Wisconsin Rapids, Posted: 03/21/2022
Condo was very updated, clean, and stocked. We enjoyed the location and especially the golf cart. All the beds were also very comfortable. Great communication with the staff of breathe easy.- Leslie V. from Meridian, Posted: 08/08/2022
Property was spotless, bed very comfy, views outstanding. Curtains block out light so you can sleep easily. Kitchen was well equipped. We love our sunrise and sunset walks along the beach, and the water is just beautiful, although cold (obviously for this time of year!) Management was great! Prompt responses and very helpful. Would definitely recommend this place and management company.- Samantha C. from Goshen, Posted: 02/07/2022
Everything went great. The unit was immaculate and nicely decorated and had everything we needed. The balcony views were wonderful. Needed some batteries for remote and brought promptly. Loved having the golf cart to use and the kids enjoyed the basketball court and the pool. Can’t say enough good things. Would for sure return. The view was slightly east facing so no view of sunset but easy enough to watch from beach.- Kelli J. from Johns Island, Posted: 03/30/2022
This was a wonderful vacation for us. I booked online and was so nervous. Breathe Easy was so easy to work with! They have a great property tool that showed us exactly what we needed to do to make check in soooo easy! I give Breath Easy and Blissful Blue and A++. Being a vacation property owner myself, I loved how they managed everything. The text messages checking in were great too!- Kimberly D. from Thomasville, Posted: 05/04/2022
The blissful view lived up to its name—from the panoramic views of the ocean to the central location of all Sandestin has to offer. Waking up every morning to the ocean awakens every one of the senses. You cannot go wrong with this property. My only major complaint is the hide-a-bed. We had six of us but the bed is not suitable to sleep on—not even for the two teenage boys it was meant for. If you have more than 4 people, this isn’t the place to stay.- Josie S. from Bristol, Posted: 07/29/2022