1.I will not operate this golf cart over any bridges, specifically Cortez Bridge, Manatee Bridge or Longboat Key Pass Bridge. I promise to return the golf cart to the location provided immediately upon completion of the rental period in as good condition as I received the same, normal wear and tear excepted so it’s ready by 10 AM day of departure. I will operate the golf cart safely andresponsibly, and I will preserve and protect the golf cart from loss or damage to the cart itself, my person or property, and the persons or property of others. I agree to be legally and financially liablefor all costs of repairs to the golf cart. I agree that I am legally and financially liable for the loss,damage, and/or injuries to my person or property and the persons or property of others, regardlessof fault, which occur during the term of the rental agreement or of the term of my possession of the golf cart. I agree that I am financially liable for the loss or theft of the golf cart and any related equipment. I agree to reimburse the golf cart owner, Carolyn Hodgson, for such unrecovered costs, including but not limited to deductibles, any uninsured losses, loss of revenue, and reasonableattorney fees incurred in collecting any amounts owed cart owner or in otherwise enforcing cartowner's rights hereunder.
2.I agree to hold harmless, defend, and indemnify Carolyn Hodgson, and/or any other affiliatesand/or family members for any and all damages and claims of any nature whatsoever, whether or not foreseeable, that may arise from the use of said golf cart during the term of the rental period or of mypossession of the golf cart, including but not limited to claims for damages to the golf cart itself, myperson and property, and the persons and property of others. I agree to waive any and all rights to seek redress against Carolyn Hodgson and/or any other affiliates and/or family members. I further agree towaive my right, if any, to punitive damages.
3.I agree that only insured drivers with valid drivers licenses who are listed on the RentalApplication and who have signed this Binding Golf Cart Rental Agreement and Waiver may operate the cart. I understand that there are no exceptions, and I am responsible for enforcingthis rule.
4.I agree to become familiar with the operation and use of said golf cart, and any other instructions or training provided to me regarding the cart, whether in writing, Video or spoken, and to operate the golfcart in accordance with said instructions or training. I agree to contact Carolyn Hodgson if I have any questions or concerns about operating the golf cart. I further agree to contact Carolyn Hodgson if any damage occurs to the golf cart or to other persons or property through the use of the golf cart. I agree to examine and inspect the safety and mechanical condition of the golf cart, reporting any concerns orproblems before driving the vehicle.
5. I understand that a golf cart is subject to the laws and regulations pertaining to golf carts and motorvehicles as set forth in Florida Law. In Florida as well as other states there are LSV, NEV and golf car laws and regulations governing the use and construction of street legal golf carts, or LSV's. Defined by FloridaStatute 320.01(42) as "any four-wheeled electric vehicles whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour", low speed vehicles include NEV or neighborhood electric vehicles. Including but not limited to the requirement that persons driving the golf cart must not be under the influence of alcohol and/or drugs. I further agree that I will operate the cart only on main/secondary roads,or to which the Florida statute reads. I understand that golf carts shall not drive down sidewalks or the center of the street. I agree that the golf cart shall not be operated after sunset. I further agree that I personally will be responsible for all moving and/or parking violations issued to said cart while it is in my possession, under my control, or at any time during the rental period. I agree that I will not operate the golfcart on the beach.
6. I agree not to drive this golf cart on the bike path as it could cause serious accidents or death. If I am driving it on a road 35 MPH or under and cars are behind me, I agree to pull over at the next parking lot and allow them to pass. I agree not to allow any of my minor children or companions’ children to operate the golf cart, or to sit on the lap of the driver, as it is highly illegal and frowned upon in Anna Maria. If caught doing so, I agree to a $500 fine and paying any police issued tickets.
7. I agree that only persons who are 21 years or older, and who possess a valid driver's license as required by law shall be permitted to drive the golf cart. I further agree that the maximum occupancy ofthe golf cart is six (6) persons, including children. I agree the privilege of using the golf cart can be revoked without notice by the Owner and/or manager of the property, in their sole discretion, whether for any violation of this Agreement.
I further agree I shall not be entitled to any refund or deposit for such revocation of privilege.
8. I understand that if the golf cart should become inoperable through no fault of mine, CarolynHodgson, and/or property manager, will take reasonable steps to have the vehicle repaired.
9. I agree that Florida law applies to the interpretation of this Agreement. If there is a dispute of anynature between the parties to this agreement, including, but not limited to any action(s) for personal injuries that may result from the operation of the golf cart. I agree that this dispute will be heard andresolved in Manatee County, Florida, with no right to appeal by either party.
10. I agree that if any clause of this Agreement shall be deemed null and void, the remainder ofthis Agreement survives and is enforceable.
11. I agree that this Agreement shall be binding upon the parties hereto, their heirs, successors,and assigns forever By my signature below and by my initials above, I certify that I understand andagree to the conditions set forth in the Binding Golf Cart Agreement and Waiver. I further certify thatI understand the instructions or training given to me in writing or spoken, before operating the golfcart. I acknowledge that I have signed this document voluntarily and freely and that my signature creates a contractual obligation that binds me, my guests, and all passengers, and any heirs,successors, or assigns thereto.