Waiver & Release of Liability Form
For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, Bolton Bay (“Golf Cart Owner”) agrees to rent the Golf Cart to Renter (identified above) subject to all terms and conditions set forth below.
INSPECTION OF EQUIPMENT
Golf Cart Owner certifies that the Golf Cart is in good mechanical and physical condition. Any known damage or problems will be listed on this rental agreement. Renter will inspect the Golf Cart prior to use and leases the same without any representations by Golf Cart Owner. If Equipment has damage or problems not listed on this agreement, Renter must notify the Golf Cart Owner before use of the golf cart begins and on the first day of rental.
DAMAGE TO EQUIPMENT
Renter acknowledges and understands that golf cart is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If rental Equipment is not left in suitable condition, Renter acknowledges and understands that Golf Cart Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that Golf Cart Owner reserves the right to charge for any damages, repairs, replacement or special cleaning of any damaged or lost real or personal property. Renter acknowledges, understands, and agrees that by signing this Golf Cart Rental Agreement/Contract, he/she is authorizing Golf Cart Owner to charge Renter for any damages sustained. Such charges will be charged to the credit card on file for the rental.
RENTER WARRANTIES AND REPRESENTATIONS
Renter represents and warrants the following:
--I hold a valid driver license issued by one of the 50 states.
--I have Liability, Collision and Comprehensive motor vehicle insurance currently in force that is issued in one of the 50 states.
--I understand the combined weight for passengers and cargo needs to be under 750 lbs per cart and accept that any damages incurred from failure to comply with this weight limit will result in a damage fee.
--I understand that the Golf Cart is a Low-Speed Vehicle (LSV) but is subject to the same laws and regulations pertaining to Motor Vehicles.
--I understand and accept that the Golf Cart is not equipped with many of the common safety devices found on or used in motor vehicles and the lack of such safety devices may increase or result in death in the event of an accident.
--I agree that the privilege of using the Golf Cart can be revoked without notice by Bolton Bay for any violation of this agreement, and I also agree that I shall not be entitled to any refund to the remaining rental period if the privilege is revoked.
--I individually, and jointly with my spouse, heirs, legal representatives and assigns, agree to forever release, indemnify, hold harmless and defend Bolton Bay, 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.
ASSUMPTION OF RISK AND RESPONSIBILITY
I/We agree to assume responsibility for all risks including those listed and others not identified. My participation in the activity is voluntary. All participants in my party have been made aware of the risks and I will be responsible for them. I am not impaired by alcohol or drugs, and I do not have any disability or condition that may impair my safe operation of the golf cart. We elect to participate in the rental use in spite of the risks and potential dangers of operation. We understand that at the total discretion of Bolton Bay this rental agreement can be terminated when and if there is a question as to the competency or condition of the operator or when weather conditions prevent the safe operation of the golf cart. I/We understand that any film, video, photo or image of me/us while operating the rental golf cart may be used for promotional or social media purposes.
RELEASE OF LIABILITY
In consideration for the services provided by Bolton Bay in the rental of a golf cart, I/We for myself and any minor children for which I am a parent or guardian and any guests that I may be entertaining, or any representative or heir agree that Bolton Bay shall have no liability for any injury, death, or damage however caused by operation of the golf cart, and I/We release and discharge Bolton Bay and its insurer for any damages or injuries however caused.
I/We have read the warnings, acknowledgement of risks, assumption of risks and release of liability. I understand that by signing this document I/We may be waiving our legal rights.
