PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of VisitCBTX, their agents, owners, officers, volunteers, personnel, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "VisitCBTX"), I hereby agree to release, indemnify, and discharge VisitCBTX, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in golf cart activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge VisitCBTX for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of VisitCBTX.
2. The risks include, among other things: slip & falls; collision with fixed objects or people; exposure to the elements could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; equipment failure or operator error; accidents involving other vehicles; falls from the cart; the negligence of other operators of vehicles or myself; transmissible pathogen or disease; weather conditions; my own physical condition; contact with animals or insects; all of which could result in musculoskeletal or other injuries including head, neck, and back injuries.
3. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
4. In the event that I file a lawsuit against VisitCBTX, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
5.I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by VisitCBTX, or the employees, representatives or agents of VisitCBTX, including but not limited to:
All drivers must have a valid driver license and seatbelts must be worn a
bDriving on Hwy 87, on the dunes and on private property is strictly prohibited cNo driving or parking golf carts in the surf dNo leaving carts unattended.
A full list of rules is attached in VisitCBTX Golf Cart Safety Guidelines.
6.FEES. I agree to pay for all damages to the property of VisitCBTX caused by any negligent, reckless, or willful actions by me or my family. If I break or damage the golf cart I will pay for it's repair or replacement.
8. EMERGENCY CONTACT. In case of an emergency, please call 936-718-2080
***I understand driving in the surf or along Highway 87 will be subject to fines and termination of rental.