TERMS & CONDITIONS

Ride or Tide Inc., d/b/a Sandpiper Scooter Company

Moped/Scooter Rental Agreement & Terms and Conditions

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1. Definitions. "Agreement" means all terms and conditions found in these Terms & Conditions, the Face Page, the Waiver and Assumption of Risk, any addenda, and any additional materials we provide and that you sign at the time of rental. "You" or "your" means the person identified as the renter, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We," "our" or "us" refers to Ride or Tide Inc., d/b/a Sandpiper Scooter Company, the independent business providing the Vehicle for rental under this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver's license for the type of vehicle rented, has current insurance coverage, and is at least 18 years of age. Authorized Drivers are the only persons permitted to operate the Vehicle. "Vehicle" means the motorized “power sport” vehicle (e.g., motorcycle, scooter, ATV, LSV, UTV, dirt bike, golf cart, or similar vehicle) identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys, and vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.

2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We warrant that the Vehicle is in good working condition and free from known defects at the time of rental. However, you acknowledge that normal wear and unforeseen mechanical issues may occur. If the Vehicle experiences a mechanical failure not caused by misuse, we may, at our discretion, provide a replacement Vehicle or a refund. We may repossess the Vehicle at your expense without prior notice if it is abandoned, used in violation of the law, operated recklessly, or otherwise in breach of this Agreement. You agree to indemnify, defend, and hold harmless Ride or Tide Inc. d/b/a Sandpiper Scooter Company, including its officers, employees, agents, affiliates, and successors, from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from your rental, operation, possession, or use of the Vehicle. This includes, but is not limited to, claims for bodily injury, property damage, or third-party claims arising from your use of the Vehicle. Ride or Tide Inc. d/b/a Sandpiper Scooter Company assumes no liability for any damage, injury, or loss caused by your operation of the Vehicle, including claims made by third parties.

3. Condition and Return of Vehicle. You must return the Vehicle on time and to the location specified in this Agreement. The Vehicle and helmet must be returned in the same condition in which they were provided to you, excluding ordinary wear and tear (e.g., minor scratches, dings, or similar damage from typical use). Any damage beyond ordinary wear and tear may result in additional fees for repairs or replacement, as outlined in Section 10. If you are unable to be present during the return process, you must notify us prior to the expiration of your rental period, and lock the keys and helmet in the Vehicle’s storage compartment. You must ensure that Ride or Tide Inc., d/b/a Sandpiper Scooter Company, has access to the location where the Vehicle is parked at the time of return. If access cannot be guaranteed, you must contact us in advance to arrange an alternative return plan. If we are unable to access the location for any reason, you will be subject to charges as outlined in Section 10. We will process the return and send you a finalized return accounting. You will be notified of any required repairs and any applicable charges will be assessed according to this Agreement. 

4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for any damage to, loss, or theft of the Vehicle during the rental period, except for normal wear and tear or mechanical failures not caused by misuse, negligence, or prohibited use. Subject to applicable law in the jurisdiction where the Vehicle was rented, your responsibility includes: (a) Physical Damage: (i) If the Vehicle is deemed a total loss, you are responsible for the fair market value of the Vehicle, less salvage, as determined by a reputable industry valuation source (e.g., Kelley Blue Book or an independent appraiser). (ii) If the Vehicle is repairable, you are responsible for: (A) The difference between the pre-damage and post-damage value of the Vehicle; or (B) The reasonable estimated retail value or actual cost of repair, plus any measurable diminished value. (b) Loss of Use damages will be measured using the daily rental rate or the industry standard utilization rate, whichever is lower, multiplied by the estimated repair or replacement period. The total Loss of Use charge will not exceed 30 days. (c) Administrative Fees: You agree to pay a reasonable administrative fee based on the actual costs incurred for processing damages, including but not limited to paperwork, inspections, claim processing, and third-party administrative expenses. The fee will be determined based on standard industry practices and will not exceed a reasonable estimate of such costs. (d) Towing, Storage, Citations, and Other Costs: You are responsible for reasonable towing, storage, and impound charges, as well as any other reasonable and necessary incidental and consequential damages during the rental period. You are also responsible for any traffic citations, parking tickets, toll violations, or other fines incurred during the rental period, regardless of when they are reported or processed. If we are charged for any such costs or violations on your behalf, you agree to reimburse us in full upon demand, including any associated administrative fees. (e) Enforcement and Collection Costs: You are responsible for reasonable costs associated with enforcing this Agreement or collecting unpaid charges, including attorneys’ fees and collection costs, to the extent permitted by law. (f) Accident & Theft Reporting: You must report any accident, theft, or vandalism to us and to the police within 24 hours of discovery. Failure to report may result in additional liability.

5. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be operated or used: (a) by anyone who is not an Authorized Driver, or by anyone whose driver’s or other operator’s license is suspended in any jurisdiction; (b) by anyone under the influence of prescription or non‐prescription drugs or alcohol; (c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (g) if the odometer has been tampered with or disconnected; (h) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (i) to commit a willful, wanton or reckless act; (j) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (k) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials that we provide to you at the time of rental.

6. Geographic Limitations. You agree to operate the Vehicle only within permitted areas in compliance with State of Florida motor vehicle laws, local Walton County laws, and private community regulations. Additional information is available on the Walton County Sheriff's Office website under Low-Speed Vehicle (LSV) Regulations. It is your responsibility to research and understand the laws prior to renting the Vehicle. Additionally, it is your responsibility to ensure that your place of lodging allows the use and parking of the rental Vehicle. You are solely responsible for any fines, fees, or citations resulting from non-compliance with geographical restrictions, as outlined in Section 10 – Charges. The following general geographic permissions and restrictions apply: (a) Permitted Roadways and Parking Areas: (i) Florida State Highway 30A and county roads maintained by Walton County, as well as permitted roadways on the south side of Highway 98. Walton County and permitted roadways must have a speed limit of 35 MPH or less. (ii) Parking in areas designated for motor vehicle parking (e.g. pay to park, public beach access parking lots). (b) Prohibited Areas: (i) Private roadways and communities that restrict the use of LSVs unless you have obtained permission from the property manager. (ii) Roadways with a posted speed limit exceeding 35 MPH. (iii) US Highway 98: Operation of the Vehicle is strictly prohibited on US Highway 98, including its sidewalks and rights-of-way. (iv) Parking in front of driveways, on private property, or in any marked No Parking zones. (v) Sidewalks, bike paths, pedestrian walkways, multi-use paths, or any non-vehicular pathways. (c) Restricted Town/Resort Areas: (i) Seaside, Alys Beach, Seacrest Beach, and Rosemary Beach are private property and have their own set of LSV and motor vehicle regulations. Ride or Tide Inc., d/b/a Sandpiper Scooter Company, requires that you follow Low Speed Vehicle (LSV) and motor vehicle regulations in these and any other private communities. (ii) The Vehicle is equipped with a QR code that provides access to a resource for locating LSV regulations within 30A communities. (iii) Beaches & Beach Access Areas: The Vehicle is prohibited from all beaches, beach approaches, and beach access points. Point Washington State Forest: The Vehicle may not be operated on any roads, trails, or paths within Point Washington State Forest.

7. GPS Tracking. You acknowledge and agree that Ride or Tide Inc., d/b/a Sandpiper Scooter Company, utilizes GPS tracking devices on our rental vehicles for location tracking, theft prevention, operational monitoring, and enforcement of this Agreement. By signing this Agreement, you expressly acknowledge and consent to the use of GPS tracking on the Vehicle. Tampering with, disabling, or removing the GPS tracking device will result in penalties and enforcement as outlined in Section 10: Charges.

8. Insurance. You are responsible for all damage or loss you cause to the Vehicle, to others, and to any passengers. You agree to provide valid liability, collision, and comprehensive insurance that covers you, any passengers, us, and the Vehicle for the duration of the rental period. You attest that your insurance meets the minimum coverage requirements set forth by the State of Florida, including but not limited to Personal Injury Protection (PIP), Property Damage Liability (PDL), and Bodily Injury Liability (BIL), and that this coverage applies to any passengers. Before the rental period begins, you must provide proof of insurance and a valid driver’s license. You agree to provide or allow Ride or Tide Inc., d/b/a Sandpiper Scooter Company, to take a picture of your driver’s license and insurance card before the rental period starts. If you do not provide us with or allow us to take a picture of your driver’s license and insurance card, we will not rent you the Vehicle. You must: (a) Report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) Provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Your failure to cooperate in a loss investigation or to file a timely and accurate incident report may result in additional liability to you.

9. Helmet. You acknowledge that Florida law (Statute 316.211) requires riders under the age of 21 to wear a helmet while operating a scooter. However, it is strongly recommended that all riders, including passengers, wear a helmet for their safety, regardless of age. Ride or Tide Inc., d/b/a Sandpiper Scooter Company, provides helmets with every rental at no additional cost. You are responsible for ensuring that both the rider and any passengers are properly fitted with and securely wearing helmets before riding. You are also responsible for selecting helmets that fit both yourself and any passengers correctly. If you or any passenger chooses not to wear a helmet, you assume all risks associated with that decision. By signing this agreement, you release Ride or Tide Inc., d/b/a Sandpiper Scooter Company, from any liability related to injuries, damages, or losses that may occur due to the use or non-use of a helmet. You acknowledge that helmets have been offered for both the rider and passenger(s) and are advised of their importance in preventing injury.

10. Charges. You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) applicable taxes; (e) tolls (“Tolls”), parking, and traffic fees, fines, and penalties (“Violations”) assessed against us or the Vehicle; if we are required to pay the charging authority for Tolls or Violations, you will reimburse the amount that we pay, plus our administrative fee of up to $50 for each such Toll or Violation; (f) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (g) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (h) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (i) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (j) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (k) a fee of up to $ 50 if you lose the keys to the Vehicle. (l) a fee of up to $65 (ea.) for the replacement of lost or damaged helmet(s). All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer. (m) Failure to return the Vehicle on the date and time specified in this Agreement will result in an additional daily rental charge, calculated at the standard daily rental rate for the Vehicle.

11. Your Property. You should not leave valuables in the Vehicle. Ride or Tide Inc., d/b/a Sandpiper Scooter Company is not responsible for lost, stolen, or damaged personal items. By using our services, you agree to release us, our employees, and agents from any claims related to such incidents.

12. Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. 

13. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. 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 waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. 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 vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

14. Governing Law and Choice of Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the courts located in Walton County, Florida. The parties hereby consent to the exclusive jurisdiction and venue of such courts for the purpose of any legal action or proceeding.

15. Return of Funds/Deposits. Funds will generally be returned within 7 days after the end of your reservation, minus any fees incurred during your rental period as detailed in Section 10: Charges. The return of some deposits may take additional time depending on the payment method used. 

16. Fuel. You are not required to return the Vehicle with a full tank of fuel. However, if refueling is necessary during your rental period, only premium fuel must be used. Use of mid-grade and low-grade fuel can damage the Vehicle. No refunds will be issued for any fuel purchases made by the customer.  

17. Refunds, Cancellations, and Return of Deposit/funds. (a) It is your sole responsibility to verify your lodging allows the use and parking of the rental Vehicle before completing the rental transaction. No refunds will be issued if you fail to confirm this and later discover that the rental Vehicle is prohibited. (b) Cancellations require confirmation via direct email, phone call, or text message from a Ride or Tide Inc., d/b/a Sandpiper Scooter Company, employee. Cancellation requests will not be considered valid until confirmation is received from our staff. Customers should allow 24 hours for confirmation of their cancellation. We recommend submitting cancellation requests as early as possible to ensure timely acknowledgment and processing. (c) Force Majeure Clause/Inclement Weather: No refunds will be given due to weather, natural disasters, or other circumstances beyond your control or the control of Ride or Tide Inc., d/b/a Sandpiper Scooter Company. (d) Other Cancellations: (i) More than 7 days before reservation: 100% refund, minus a 3% credit card processing fee. (ii) 6 days to 24 hours before reservation: A 50% refund, minus 3% credit card processing fee. (iii) Less than 24 hours before reservation, same-day, or no-show: No refund will be issued. (e) Return of Deposit: Deposits will generally be processed within 7 days after the end of your reservation. The return of some deposits may take additional time depending on the payment method used.