RELEASE OF LIABILITY, WAIVER OF CLAIMS ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (HEREINAFTER REFERRED TO AS THE “RELEASE AGREEMENT”)
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THESE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. I ACKNOWLEDGE THAT NO INSURANCE IS PROVIDED TO ME BY NAVARRE BEACH GOLF CART RENTALS LLC OR ITS CONSIGNORS, BUSINESS PARTNERS, SUB CONTRACTORS.
In consideration of Navarre Beach Golf Cart Rentals LLC (also referred to as proprietor) accepting my Golf Cart Rental Agreement and provision of equipment, I (lessee) hereby agree as follows:
1. Lessee acknowledges receipt of the golf cart(s). Both parties agree that it is the responsibility of the lessee to inspect the rented property before its use and lessee has determined that this property is in good and serviceable condition.
2. Ownership of the rented property is and at all times shall remain in the name of the proprietor. Lessee shall not permit the property to be used by any other person or at any other address without the expressed consent of the proprietor. No one under the age of 21 is allowed to drive the rented cart(s) and all drivers must be licensed.
3. The parties agree that the proprietor is neither the manufacturer nor agent of manufacturer of said property and that no warranty is given against evident or hidden defects in material, workmanship or capacity to include negligence on the part
of Navarre Beach Golf Cart Rentals LLC or its staff.
4. In the event that the rental property becomes unsafe or in a state of disrepair the lessee agrees to immediately discontinue its use and promptly notify the proprietor. The proprietor at their sole discretion can choose to replace the rental property with
a similar product, modify, cancel, or revoke the rental agreement.
5. Rented property is to be available for pickup at the agreed upon date and time outlined with all attachments and accessories in the same condition in which it was received. No modifications are permitted. If rented property is found to have been tampered with or altered, lessee agrees to pay for all damages and any cost to restore rented property, including loss of use.
6. Lessee agrees to pay for loss of the rental property and is liable for the price of the rental property to be determined solely by Navarre Beach Golf Cart Rentals LLC. The lessee agrees to pay for damages to the rental property, and any attachments.
Should collection or litigation become necessary to collect said damages or loss, lessee agrees to pay all collection fees including reasonable attorney fees and court costs.
7. Proprietor shall not be liable to lessee for any loss, delay, damage, property damage, or injury resulting from defects or inefficiencies of rented property to include negligence on the part of Navarre Beach Golf Cart Rentals LLC and its staff or in the event of accidental breakage or failure.
8. Lessee agrees to indemnify and hold the proprietor harmless against any and all losses, damages, expenses and penalties arising from any action causing injury to person(s) or property during operation, handling or transportation of the rented property during the rental period, or while the property is in possession and or control of the lessee.
9. Lessee shall give the proprietor immediate notice of any levy or seizure attempted upon rental property and indemnifies the proprietor against all losses and damages caused by such action, including proprietor’s reasonable attorney fees and expenses. Lessee further agrees to pay any costs associated with a seizure that is a result of their negligence or misconduct.
10. Lessee will not retain the rented property beyond the pickup contract return date and time without prior notice to and from the proprietor. Lessee will pay rental fee in advance. Should collection and or litigation become necessary, lessee agrees to pay
all collection fees, including reasonable attorney fees and court costs. If the property is not available at the date/time specified lessee will be billed at a rate of $150 per 4 seat, $225 per 6 seat, per day until returned, starting at the time of scheduled
pickup. Proprietor may at their sole discretion report the rented property stolen if it is
not available for pickup at the scheduled date/time.
11. Lessee waives and releases the proprietor from all claims for injuries or damages to
lessee or property caused by the use of the rented property by lessee.
12. If during the rental period the rental property is found to be used in a reckless manner
and/or outside of the guidelines, determined solely by Navarre Beach Golf Cart Rentals LLC, the rented property will be immediately seized, the remaining contract time will be revoked, and no refunds will be given.
13. Lessee’s credit/debit card will be charged for any/all damages, theft, or loss of the rented property based on a “Cash on Demand” basis up to the value of the rented property as determined solely by Navarre Beach Golf Cart Rentals LLC and rental fees shall continue to accrue, until such time as the rental property is paid in full.
14. Lessee agrees that should any paragraph or provision violate local and/or state laws and is unenforceable, the rest of the agreement shall remain valid.
15. I acknowledge that I am to obey all traffic laws, that I am not allowed to drive on sidewalks, over the Navarre Bridge, into the National Seashore, and into any deep sand and that non-compliance will result in my rental being revoked.
16. I understand that my golf cart is equipped with a gps tracking device. This device may be an airtag or other asset monitoring device. I will not attempt to remove or disable this device at any time, and understand that I may get a notification that this device is in use.
17. I understand that a 4 passenger golf cart has a weight rating of 800 pounds total and a 6 passenger golf cart has a weight rating of 1000 pounds total. Total is defined as gear and persons. Rear seats have a weight rating of 300 pounds. Exceeding these weight ratings will cause damage. It is your responsibility to be sure that you do not exceed these weight ratings.
18. I understand that it is my responsibility to check with my rental location to see if they have any specific guidelines for golf carts and their use. Failure to do so will result in forfeiture of my rental agreement and no refunds will be given.
I WAIVE MY RIGHTS and agree to indemnify, hold harmless Navarre Beach Golf Cart Rentals LLC, its members, staff, sub-contractors, consignors, representatives, successors
and kind from all liability for any claims which may result from my use or the use of others of the rental property.
TO THE EXTENT PERMITTED BY LAW, BY MY SIGNATURE BELOW I WARRANT THAT I:
Have read and understood the above statements and understand their provisions, I understand the risks associated and assume full responsibility for the consequences. I hereby knowing and intentionally release and hold harmless Navarre Beach Golf Cart Rentals LLC its members, staff, sub-contractors, consignors and representatives and kind, regardless of whether such claims are based upon negligence or other grounds.
A copy of this Waiver/Rental Agreement will be emailed to your email on file.