The Guesthouse Collection, LLC
Low-Speed Vehicle (LSV) / Moke Rental
(Acting as Authorized Rental Manager and Agent for Vehicle Owner Samantha Drummond)
This Agreement is entered into between The Guesthouse Collection, LLC (“we,” “us,” “Manager,” or “Agent”), acting as the authorized rental manager and agent for the legal Vehicle Owner, Samantha Drummond (“Owner”), and the person(s) identified as the Renter on the face of this Agreement (“you,” “your,” or “Renter”). By signing or electronically accepting this Agreement, you agree to all terms and conditions below, including any addenda, rate sheets, or notices provided at rental. “Vehicle” means the Low-Speed Vehicle (LSV)/Moke identified in this Agreement, including all accessories, equipment, keys, documents, and any substitute vehicle.
Agency Disclosure: You acknowledge and agree that The Guesthouse Collection, LLC is entering into this Agreement solely as the authorized agent and manager for the disclosed principal, Samantha Drummond, the legal owner of the Vehicle. All rights, protections, indemnities, releases, and waivers granted to “we,” “us,” or the Owner/Lessor in this Agreement extend fully to both The Guesthouse Collection, LLC and Samantha Drummond.
- Definitions
• Authorized Driver(s) means only the Renter and any additional driver(s) who are at least 25 years old, possess a valid driver’s license, and are expressly listed and approved by us in writing on this Agreement. No other persons are authorized.
• Physical Damage means any damage to, or loss of, the Vehicle from any cause, including but not limited to collision, upset, theft, vandalism, fire, flood, hail, act of nature, riot, or misuse. • Loss of Use means our lost rental revenue calculated at the daily/periodic rate in effect at the time of loss, multiplied by the number of days the Vehicle is out of service (minimum 5 days for any claim).
• Administrative Fees include all costs we incur processing claims, towing, storage, appraisals, or enforcing this Agreement (minimum $250 per incident).
• All references to “we,” “us,” “our,” “Owner/Lessor,” or “Manager” bind and protect both The Guesthouse Collection, LLC and Samantha Drummond, jointly and severally, along with their respective agents, employees, officers, affiliates, successors, and assigns. All references to “you” or “your” bind the Renter, any additional authorized drivers, and any party billed for charges, jointly and severally.
- Nature of Agreement; No Warranties.
This is a rental only. You are not our agent or employee. You acquire no ownership or other rights in the Vehicle. The Vehicle is provided “AS IS” with no warranties, express or implied, including merchantability or fitness for any purpose. We (on behalf of ourselves and the Owner) may repossess the Vehicle at any time, without notice and at your expense, if you breach this Agreement or if we deem it necessary for our protection. You waive any claims against us or the Owner arising from such repossession or from any reports or prosecutions we file due to your breach.
- Insurance Requirements – Renter’s Insurance is Primary
You represent and warrant that you maintain, and will maintain throughout the rental term, valid automobile insurance that covers the rental and use of this LSV/Moke as a temporary substitute vehicle. Your policy must provide primary coverage (not excess or contingent) for:
(a) Bodily injury and property damage liability (at least the minimum limits required by Florida law, and preferably 50/100/100 or higher);
(b) Personal Injury Protection (PIP) and Property Damage Liability (PDL) at least $10,000 each as required for LSVs under Florida law;
(c) Comprehensive and collision coverage extending to the Vehicle with no exclusion for rentals or LSVs.
You must provide us with a current Certificate of Insurance or declaration page naming The Guesthouse Collection, LLC as an additional insured and loss payee before taking possession of the Vehicle. Failure to do so constitutes a material breach, and we may cancel the rental without refund.
Your insurance is primary in all respects. Any coverage the Owner or we provide (if required by law) is secondary, excess only, and limited to the statutory minimums. We do not provide uninsured/underinsured motorist, supplemental no-fault, or optional coverages, and you reject them to the extent permitted by law.
In the event of any claim, you must immediately notify your insurer and cooperate fully with us, the Owner, and our insurers. Any breach of this Agreement voids all insurance obligations on our or the Owner’s part and makes you fully liable.
- Third-Party Liability and Indemnification
You and all Authorized Drivers agree to defend, indemnify, and hold harmless both The Guesthouse Collection, LLC and Samantha Drummond, their agents, employees, officers, affiliates, successors, and assigns, from any and all claims, liabilities, damages, losses, costs, and expenses (including attorney fees and litigation costs, pre- and post-judgment) arising from or related to the use, operation, or possession of the Vehicle by you, any Authorized Driver, passenger, or any other person, regardless of fault. This includes bodily injury, death, property damage, or any other loss.
This indemnification survives the termination of the rental. To the maximum extent permitted by law, neither the Owner nor we provide third-party liability protection except as minimally required by Florida statute, and even then, only as excess over your coverage.
- Condition of Vehicle; Inspection and Return.
You must inspect the Vehicle thoroughly before departure and note any pre-existing damage in writing on the rental form (with photos if possible). By driving the Vehicle, you accept it in its “as-is” condition.
You must return the Vehicle to the designated location on the due date and time, in the same condition as received (ordinary wear excepted), with a full battery charge, all keys, accessories, and documents. The rental term continues, and you remain fully liable, until we inspect and accept the Vehicle during business hours.
If returned after hours, you remain responsible for all damage, theft, or loss until the next business day inspection. Unauthorized repairs or modifications are prohibited without our prior written approval. You must maintain proper fluid/battery levels and are liable for any damage caused by low charge or improper maintenance.
Failure to return keys to the designated lockbox will result in a $500 replacement fee plus any additional costs.
- Prohibited Uses and Operations (LSV-Specific Addendum)
The Vehicle is a Low-Speed Vehicle (LSV) with a maximum speed of 25 mph and is legal only on public roads with posted speed limits of 35 mph or less. Any violation voids all protections and makes you fully liable.
Strictly prohibited (non-exhaustive list; any violation is a material breach):
• Driving by anyone other than the listed Authorized Drivers.
• Driving on beaches, sidewalks, bike paths, golf courses, off-road, curbs, or any non-paved/public road.
• Exceeding the 35 mph speed limit on roads or any unsafe operation.
• Failing to yield to faster traffic when safe.
• Improper passenger seating/weight distribution or allowing standing passengers.
• Operating while under the influence of alcohol, drugs, or any impairing substance (you certify no DWI/DUI will occur).
• Use of cell phones, headsets, or distracted driving.
• Transporting pets.
• Towing, overloading, or improper use.
• Use for commercial purposes, illegal activities, or in violation of any law.
You must ensure all passengers wear seatbelts at all times when the Vehicle is in motion or parked. You are responsible for all parking tickets, tolls, fines, and related surcharges.
- Responsibility for Damage or Loss
You are fully liable for all Physical Damage, loss, theft, or disappearance of the Vehicle or its contents while in your possession or control, regardless of fault or negligence. You must pay us (on behalf of ourselves and the Owner) on demand:
• The full cost of repair or the actual cash value (whichever is greater, using industry-standard valuation);
• Loss of Use; • Diminution in value;
• All towing, storage, appraisal, and Administrative Fees;
• Any other costs we or the Owner incur.
There is no damage waiver provided unless separately purchased and paid for in writing (and even then, subject to exclusions for prohibited uses, negligence, or breach). Any insurance you carry does not limit your contractual liability to us or the Owner.
- Charges and Payments
You agree to pay all charges on demand, including: rental fees, mileage (if applicable), fuel/charge replenishment, taxes, late fees (charged hourly after 15 minutes), $2 per mile recovery fee if not returned to the original location, attorney fees and costs for enforcement, and 1.5% monthly interest (or maximum allowed by law) on overdue amounts.
If the odometer is tampered with, we may charge based on reasonable estimated mileage.
- Your Personal Property
We and the Owner are not responsible for any loss of or damage to your personal property left in the Vehicle, our facilities, or service vehicles, even if caused by our or the Owner’s negligence. You release both The Guesthouse Collection, LLC, and Samantha Drummond from all such claims.
- Breach and Remedies
Any violation of this Agreement (including prohibited uses or insurance failure) constitutes a material breach. In such event:
• All our and the Owner’s insurance obligations (if any) are void.
• You are liable for all damages and losses.
• We may terminate the rental immediately and repossess the Vehicle.
• You forfeit any right to refunds or credits.
Failure to return the Vehicle or pay amounts due may be treated as intent to defraud under applicable law.
- Accident/Incident Reporting You must report any accident, damage, theft, or incident to us and the police immediately (and no later than 24 hours). You must provide a police report within 15 days or you may be held responsible for all damages. You must also submit to an Examination Under Oath (EUO) if requested by us, the Owner, or our insurer
- Cancellation and Modification Policy
Cancellations more than 7 days prior: refund minus 5% fee. Within 7 days: credit only (valid 1 year). No refunds or changes after the rental begins. Modifications allowed up to 2 hours prior, subject to availability (no decrease/increase in duration without agreement).
- Miscellaneous
• Governing Law: This Agreement is governed by Florida law. The venue is in Broward County, Florida.
• Attorney Fees: The prevailing party in any enforcement action is entitled to recover reasonable attorney fees and costs.
• Severability: If any provision is unenforceable, the remainder remains in full force.
• Entire Agreement: This is the complete agreement; no oral modifications. Changes must be in writing, signed by us.
• Waiver: Our failure to enforce any term does not waive future enforcement. • Graves Amendment: To the extent applicable, both the Owner (Samantha Drummond) and the Manager (The Guesthouse Collection, LLC) invoke protections under 49 U.S.C. § 30106 against vicarious liability.
- Acknowledgment and Signature I have read, understand, and agree to all terms above, including the LSV restrictions, insurance requirements, indemnification (which protects both The Guesthouse Collection, LLC and Samantha Drummond), and full liability for damage/loss. I acknowledge the agency relationship disclosed above and certify that my driver’s license is valid with no restrictions that would prevent operation of this LSV, and that the insurance information provided is accurate and provides the required primary coverage for this rental.