Pacific Beach Golf Cart Rentals LLC General Liability Waiver & Agreement

Waiver of Liability, Assumption of Risk, and Indemnification Agreement

I accept and acknowledge that I am legally and financially responsible for the personal property of and injuries to myself and all passengers of the golf cart that I operate under this rental agreement, as well as the personal property of and injuries to any others involved, and agree to release, indemnify, defend and hold PACIFIC BEACH GOLF CART RENTALS LLC, its officers, members, successors and assigns, agents, and employees harmless from all claims, liability, costs and attorney fees that PACIFIC BEACH GOLF CART RENTALS LLC may incur resulting from, or arising out of the rental or my use of the golf cart, including through any negligence of PACIFIC BEACH GOLF CART RENTALS LLC, its officers, members, successors, and assigns, agents, and employees.

I specifically release PACIFIC BEACH GOLF CART RENTALS LLC, its officers, members, successors, assigns and employees from all claims for loss of any personal property that is carried in or left in the golf cart, whether or not the loss or damage was caused by any negligence of or was otherwise the responsibility of PACIFIC BEACH GOLF CART RENTALS LLC.

I specifically waive any rights on behalf of myself, my spouse, heirs, legal representatives and assigns to recover damages based upon the golf cart not being equipped with Safety Devices, Structural Components or Methods of Construction commonly found on or used in Motor Vehicles.

I specifically accept and acknowledge that I am legally and financially responsible for the personal property of and injuries to passengers of the golf cart that I operate, and hereby forever release, indemnify, hold harmless and will defend PACIFIC BEACH GOLF CART RENTALS LLC, its officers, members, successors, assigns and employees in the event of any claim, loss, suit, demand or cause of action to recover damages based upon the golf cart not being equipped with Safety Devices, Structural Components or Methods of Construction commonly found or used in Motor Vehicles.

I specifically, individually, and on behalf of my spouse, heirs, legal representatives, and assigns, agree to forever release, indemnify, hold harmless and defend PACIFIC BEACH GOLF CART RENTALS LLC, its officers, members, successors and assigns, agents and employees in the event of any claim, loss, suit, demand, cause of action or any other liability whether caused directly or indirectly by myself or any other party from the use of the golf cart during my control and possession of the golf cart.

If PACIFIC BEACH GOLF CART RENTALS LLC, its officers, members, successors and assigns, agents or employees are made a party defendant to any litigation concerning the use of the golf cart subject to this agreement, then I shall further indemnify and defend PACIFIC BEACH GOLF CART RENTALS LLC against any and all liability and damages by reason of litigation, including attorney’s fees and expenses incurred by PACIFIC BEACH GOLF CART RENTALS LLC, whether or not the litigation is prosecuted to judgment.

I acknowledge that there are inherent risks in operating a golf cart and this type of activity. These risks may result in serious injury or death and include but are not limited to the following: collisions with pedestrians, bicycles, and bicycle riders, Segway’s and Segway riders, scooters and scooter riders, other LSVs/Neighborhood Electric Vehicle’s and passengers, motor vehicles and passengers, and man-made and natural objects. I agree to inform all passengers of my rental golf cart of the inherent risks in this type of activity and confirm that all passengers understand and accept the inherent risks prior to engaging in this type of activity.

I understand and agree that this WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT is intended to provide PACIFIC BEACH GOLF CART RENTALS LLC the maximum protection the State of California permits and that if any part of the WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT is declared invalid, the remainder shall be in full force and legal effect, and any invalid clause shall be severed therefrom without affecting the validity of the remainder.

By my signature below, I certify I have read this Waiver of Liability, Assumption of Risk, and Indemnification Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this document freely and voluntarily, and that my signature creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives, and assigns.

I understand and opt-in to receiving SMS/TEXT's from Pacific Beach Golf Cart Rentals.

Rental Agreement:

I understand and agree that I will follow all instructions provided in the GOLF CART OPERATING AND CHARGING INSTRUCTIONS, including but not limited to only driving on public or private roads with a posted speed limit of 35mph or less, as well as abstaining from driving on any surface other than public or private roads (i.e., beaches, ponds, lakes, rivers, oceans, hiking and/or off-road trails).

I understand a $500 authorization hold will be put in place at the time of booking and will be refunded at the discretion of PACIFIC BEACH GOLF CART RENTALS LLC.

I understand that the golf cart is my responsibility and remains within my possession until physically picked-up by PACIFIC BEACH GOLF CART RENTALS LLC.

I understand that if the cart is not returned on time at the end of the rental period, I will be charged an additional 1st-day, daily rental rate.

I understand that if the golf cart keychain is lost and/or damaged and/or if I require assistance due to its loss, I will be charged an additional $300 replacement fee.

I understand that if the golf cart’s charging cord is lost and/or damaged, I will be charged an additional $100 replacement fee.

I understand that if the anti-theft seat belt locking mechanism is lost and/or damaged, including but not limited to the loss of its key, I will be charged an additional $100 replacement fee.

I understand that if I adjust the original order delivery and/or pick-up time(s), I may be subject to additional charges and/or delays.

I understand that if the golf cart is returned with an empty, or close to empty battery charge, and/or towing or additional assistance is required, I will be charged an additional fee up to the cost of the total rental period. I understand this is left to the discretion of PACIFIC BEACH GOLF CART RENTALS LLC.

I understand that a debit/credit authorization hold may be put on my account until the golf cart and accessories are returned and deemed to not be damaged by PACIFIC BEACH GOLF CART RENTALS LLC.

I agree to provide Liability, Collision, and Comprehensive Insurance covering myself and my property, the person and property of other involved, PACIFIC BEACH GOLF CART RENTALS LLC and the golf cart.

I understand that I can cancel my reservation for the golf cart without penalty until 72 hours before the beginning of my rental period, but that after that point payments are non-refundable.

I understand that once the golf cart is in my posession, a refund will not be issued under any circumstances.

As consideration for the use of the golf cart, I agree to pay PACIFIC BEACH GOLF CART RENTALS LLC according to the current rate sheet provided by PACIFIC BEACH GOLF CART RENTALS LLC.

I agree to the following conditions and hereby confirm the statements I make herein are true and correct:

I am at least 25 years old and hold a valid Motor Vehicle Driver’s License issued by one of the 50 United States.

I have Liability, Collision, and Comprehensive Motor Vehicle Insurance currently in force that is issued in one of the 50 United States.

I agree to provide Liability, Collision, and Comprehensive Insurance covering myself and my property, the person and property of others involved, PACIFIC BEACH GOLF CART RENTALS LLC and the golf cart.

I understand the combined weight of passengers and cargo needs to be under 750 lbs. per cart and accept responsibility for paying the cost of repair for any damages incurred due to failure to comply with this weight limit.

I understand that the golf cart is a low-speed vehicle (LSV) and may only be operated on private roadways or paved paths and on public streets within Pacific Beach and Mission Beach where the speed limit is 35 MPH or less. I understand that driving the golf cart on any other surface (for example, beaches, ponds, lakes, rivers, oceans, hiking and/or off-road trails) is not permitted.

I understand that LSVs are subject to the same laws and regulations pertaining to Motor Vehicles, with the exception that they may not be operated on any roadway with a posted speed limit above 35 MPH, and therefore agree that the golf cart will be operated in accordance with the laws of the State of California and the local laws of the City and County of San Diego, including, but not limited to the prohibition of open containers of alcohol and driving under the influence of alcohol and/or other drugs.

I understand that LSVs are not equipped with many Common Safety Devices, Structural Components or Methods of Construction found on or used in Motor Vehicles and that lack of such Safety Devices, Structural Components and Methods of Construction may increase the risk or extent of injury or the risk of death in the event of an accident.

I understand and accept that PACIFIC BEACH GOLF CART RENTALS LLC makes no warranties express, implied, or apparent regarding the golf cart, no warranty of merchantability, and no warranty that the golf cart is fit for any particular purpose, except operation on private roadways or paved paths and on public streets within Pacific Beach and Mission Beach where the posted speed limit is 35 MPH or less.

I acknowledge that I have read and fully understand the GOLF CART OPERATING INSTRUCTIONS AND CHARGING INSTRUCTIONS.

I will follow all instructions provided in the GOLF CART OPERATING INSTRUCTIONS AND CHARGING INSTRUCTIONS.

I agree to contact PACIFIC BEACH GOLF CART RENTALS LLC at (916) 224-7151 if I have any questions or concerns about operating the golf cart.

I agree to examine and inspect the safety and working condition of the golf cart before each use, and to report any concerns or problems to PACIFIC BEACH GOLF CART RENTALS LLC at (916) 224-7151 immediately.

I agree to return the golf cart in the same condition as received and that I will be held liable for any damage to the golf cart while it is in my possession.

I agree to return the golf cart clean and free of sand, dirt, and other debris, and that a $30 cleaning fee will be charged if the cart is returned excessively dirty.

If keeping the golf cart overnight after completion of the rental period, I agree to return the golf cart fully charged, and I understand that if I fail to return the golf cart fully charged, I will be charged an additional first day’s rental fee.

I understand and accept that the golf cart must be returned by 7 a.m. the next morning after completion of the rental period if keeping the golf cart overnight, and that a $25 per hour fee will be charged for late returns.

I agree to pay all parking violations and towing costs that occur while the golf cart is in my possession.

I agree that in the event of any violation of this agreement, the privilege of using the golf cart can be revoked without notice by PACIFIC BEACH GOLF CART RENTALS LLC, and that if that privilege is revoked, I shall not be entitled to any refund for the remaining Rental Period.

I agree to contact PACIFIC BEACH GOLF CART RENTALS LLC immediately in the event of any loss of the golf cart, any damage to the golf cart or any personal property, or any injury to persons.

I specifically agree and acknowledge that I am legally and financially liable for all repairs to the golf cart and for the loss, damage and/or injuries to my person or property and the person or property of others involved while the golf cart is in my possession.

I understand that a deposit of $500 may be required and hereby give consent to PACIFIC BEACH GOLF CART RENTALS LLC to keep my credit card on file for the duration of my rental agreement and authorize PACIFIC BEACH GOLF CART RENTALS LLC to charge a hold on my credit card as well as any amounts owed under the terms of this agreement.

It is my intention that this RENTAL AGREEMENT shall bind me, my spouse, heirs, legal representatives and assigns, passengers, and anyone else who may make a claim against PACIFIC BEACH GOLF CART RENTALS LLC as a result of the use of the golf cart during my control and possession of the golf cart.

I understand and agree that this RENTAL AGREEMENT is intended to provide PACIFIC BEACH GOLF CART RENTALS LLC the maximum protection that the State of California permits and that if any part of the RENTAL AGREEMENT is declared invalid, the remainder shall continue to be in full force and legal effect, and any invalid clause shall be severed therefrom without affecting the validity of the remainder.

By my signature below, I certify that I have read this RENTAL AGREEMENT, fully understand its terms, agree to the conditions set forth herein and understand that I am giving up substantial rights, including the right to sue. I acknowledge that I am signing this RENTAL AGREEMENT freely and voluntarily, and that my signature creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives, and assigns.

 

*By clicking "Yes" to the above question, I understand and accept that overnight rentals must be returned (picked up) clean and fully charged by 7AM on the scheduled return date or my credit card will be charged a first day rate fee*

I acknowledge that I have carefully read this form and fully understand that it is a release of liability. I expressly agree to release and discharge Pacific Beach Golf Cart Rentals LLC from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action for personal injury or property damage.