LIABILITY WAIVER: Golf Cart

In consideration of being allowed to use the golf cart located at 25310 Oakmont Dr Lake Wales, FL 33898 (hereafter called the "Property"),. I understand that Randall Rodriguez-Torres and Nidia Garcia (hereafter called "property owner(s)") are allowing me to use the golf cart during my stay. I the undersigned, acknowledge, appreciate, and agree that:

1. The risk of injury from while operating the golf cart includes the potential for permanent paralysis, disability and death. These risks include but are not limited to:  Equipment failure and/or malfunction of my own or other’s equipment; my own negligence and/or the negligence of others; other golf carts, vehicles on the road, animals on the road; Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident; I agree to operate the golf cart in a safe manner.  I recognize that failure to do so increases the potential for severe injury or death and absolves the (RELEASEES) from any liability whatsoever.      

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES) or others, and assume full responsibility while operating the golf cart.

3. I willingly agree to comply with terms and conditions for use of the golf cart. If I observe any unusual significant hazard during use, I will stop use of the golf cart and bring such to the attention of the property owner(s) immediately.

4. I recognize that it may be necessary for the (Releasees) to refuse or terminate my use of the golf cart if I am judged to be incapable of meeting the rigors or requirements for safe operation.  I accept the (Releasees) right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the operation of the golf cart.

I warrant and represent that I am in good health and have no physical or mental limitations or problems that would affect my safe operation of the golf cart or the safety of others who ride and have not been advised otherwise by a qualified medical person.

5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS the property owner(s) of 25310 Oakmont Dr Lake Wales, FL 33898 its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the program (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

A. Liability.

1. I expressly assume all liability arising out of operation of the golf cart or related equipment. I agree to indemnify and hold harmless the property owner(s) its agents, subsidiaries, assigns, employees, officers, partners, and directors, at my sole cost and expense from and against any and all loss, claims, actions, suits, damages (including attorney fees), however caused, whether such claims are based upon negligence, gross negligence, intentional acts, or omissions, resulting directly or indirectly from or pertaining to the manufacture, possession, use, purchase, lease, operation, rejection, or return of the golf cart, including without limitation, such loss, claims, costs, expenses, damages, and liabilities arising from the death or injury of any agent of the property, or any third person, or damage to the property of the property owner(s), its agents, subsidiaries, assigns, employees, officers, partners, and directors, or any third person. I shall give the property owner(s) prompt written notice of loss, claim, action, damage or liability asserted against me or arising out of or concerning my operation of the golf cart and agree that, on my written notice of the assertion of such a loss, claim, action, damage, or liability, I shall assume full responsibility for the defense of the action. The property owner(s), at its option, may participate in such defense and I shall bear the cost on a pro rata basis. This section shall survive termination of this rental agreement. In the event the property owner(s) acquire actual knowledge of any claim that I am obligated to defend under the terms of this section, I agree to give the property owner(s) written notice; provided, however, the property owner(s) failure to give such notice shall not excuse myself from any of my obligations under this section.

2. I have made no misrepresentation to the property owner(s) in any regard, including, but not limited to, amount of passengers, age or abilities. I understand that persons with physical limitations should not ride this equipment for safety reasons.

 

 

B. Safety and operation of the golf cart.

1. I am physically and mentally able to operate the golf cart, and I am familiar with operating the golf cart and the physical and mental requirements and risks involved. I will never operate the golf cart while intoxicated or under any medication that inhibits or impairs my ability to operate the golf cart.  

2. I read the operating manual and all warning labels before operating the golf cart. I was instructed on the proper and safe use of the golf cart. I understand how to properly and safely use and operate the golf cart. I will use extreme caution and reduce speed when approaching any change in terrain. For more serious or complicated terrain or obstacles, I will step off the golf cart and walk it to a safe level area. I will never attemp to operate the golf cart off-road. I will stay on paved roads inside the the neightborhood and Westgate resort only. 

3. I will always follow all local traffic and pedestrian laws. I will always use utmost courtesy, yield to pedestrians and operate the golf cart in a reasonable manner without threat to the public.

 

C. Entire agreement and disputes.

1. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.

2. Any dispute arising out of this agreement shall be brought in the Polk County Court Court System. In the event a suit or action is brought by any party under this agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney’s fees and costs.

D. Safety checklist.

SAFETY CHECKLIST PLEASE READ AND CHECK ALL LINES:

I {customerName} HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

List of passengers and Liablity:

This is to certify that I, as the operator of the golf cart with legal responsibility for this passengers, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my passneger's involvement or participation in riding the golf cart, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES), to the fullest extent permitted by law.

TERMS & CONDITIONS

For all intents and purposes, throughout this agreement, "I" refers to the operator of the golf cart. Further, the "Use Period” shall include the time from the moment when possession of the golf cart is temporarily released from the rental property guest of the property owner(s) until the golf cart's return has been acknowledged and officially checked back in by an authorized representative of the property owner(s).

I, the undersigned, in consideration of using the golf cart, state that I have read and understand and hereby expressly accept and agree to the following terms and conditions, and accept that forfeiture of equipment without refund may result if the following Terms & Conditions are not complied with:

A. Payment and security deposit.

1. I agree to pay upon demand all rates, charges, plus applicable taxes, fees and surcharges, which may apply to the  charges for loss and/or damage defined in this agreement. I agree and authorize the property owner(s) to apply any charges to the method of payment used by me at the time of rental unless another form of payment is arranged.

2. I understand that an authorization will be processed against my credit card to be used against the final bill, equal to the estimated total charge, plus a security deposit, and I authorize the property owner(s) to charge any amounts due as a result of the rental, plus any damages, if applicable, to my credit card or other payment method provided, regardless of who is/was operating the golf cart.

B. Possession and integrity of the Golf cart.

1. I accept the golf cart for use "As-is" and verify that it is working properly, and accept full responsibility for it while it is in my or any other user and/or customer's possession during the Use Period. I am responsible for the replacement value of the golf cart if lost or stolen, and I am responsible for the replacement of any and all damage done to the golf cart due to my own misuse and due to accidents, including those caused by third parties, according to the values listed below:

C. Entire agreement and disputes.

1. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.

2. Any dispute arising out of this agreement shall be brought in the Civil Division of Polk County Court. In the event a suit or action is brought by any party under this agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney’s fees and costs.

I {customerName} have read and understood the foregoing.