BETWEEN: The LESSOR, Cape Charles Incubators, LLC. (DBA Eastern Shore Custom Carts), 713 Randolph Avenue, Cape Charles VA 23310 (757-999-2278) and LESSEE Pick –Up Time is BETWEEN the hours of 1:00 P.M. and 5:00 P.M.
Sunday pick-up time is between 1:00 P.M. - 2:00 P.M. or call for arrangements Drop-Off Time is 11:00 A.M. and the cart must be charged. THE LESSEE CERTIFIES BY INITIALLING: 1. That only those individuals with a valid driver’s license will operate the rental golf cart. I Agree
2. That LESSOR has provided the LESSEE with safety and operational instruction, including Cape Charles Town’s Rules and Regulations. Golf carts must only be operated in the 25 mph areas in the Historic District of Cape Charles. I Agree
3. That all authorized drivers are capable in all aspects of the handling and operation of the rental golf cart and will operate in accordance with all safety rules and regulations and that all authorized drivers understand said rules and regulations. I Agree
4. That all authorized drivers will limit operation of the said golf cart to the allowed operational area. I Agree
5. That LESSEE agrees to report any accident, malfunction or breakdown of said golf cart to LESSOR in accordance with Paragraph six on reverse side of this agreement. I Agree It is expressly understood that operating a golf cart can be dangerous, LESSEE expressly agrees to indemnify and hold LESSOR, its affiliates, its employees and The Town of Cape Charles, harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with this rental, including damage to property or injury to persons (including death) resulting from the use, operation or possession of said golf cart. I Agree I/WE UNDERSTAND THAT I/WE ARE RENTING A GOLF CART AT OUR OWN RISK I understand that I am financially responsible for all damages to the golf cart that is not identified on the attached checklist. I have read both sides (front and back) of this agreement and fully understand the terms and conditions as set forth on both sides; and that I acknowledge receipt of a copy of this agreement. 1. The LESSEE acknowledges he/she will carefully examine the golf cart when he/she arrives and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both golf cart and equipment in a safe, dependable condition while in his/her custody. 2. Any damage caused under the term of this rental is the responsibility of the LESSEE and will be paid upon return of the rental. Fees assessed will be based on LESSOR’s current service rates and parts charges. 3. LESSEE agrees not to use, nor permit the use: a. of the rental golf cart for any unlawful purpose; b. of the rental golf cart in a careless, reckless, or negligent manner; c. of the rental golf cart while under the influence of liquor and/or narcotics; d. by any other person who is not an AUTHORIZED OPERATOR under this agreement. e. of reckless operation of a golf cart which shall include but not be limited to: a. Weaving through congested traffic; b. Operating contrary to traffic safety rules including following too closely to another golf cart. 4. LESSEE acknowledges his/her responsibility for the safe and proper operation of the golf cart; and for the safety and welfare of other drivers and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental golf cart. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental golf cart. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in or on the rental golf cart, including loss or damage caused by fire, water, theft or any cause whatsoever. 5. LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability In connection with the enforcing of the foregoing rental contract by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the County of Northampton, Virginia. 6. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental golf cart that LESSEE will immediately report same to LESSOR. Continued use of it shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become Involved by its continued use. 7. LESSOR'S ability to provide a rental golf cart, if reserved, is contingent upon and subject to the return of the unit by the previous lessee, weather conditions, or any other cause beyond LESSOR'S control. 8. The rules and regulations contained herein and as posted in the office, on the golf cart, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules. 9 Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect. 10 THE TERMS AND CONDITIONS OF THIS CONTRACT CONTAINS THE ENTIRE UNDER-STANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. 11. If you have a pick up on a Sunday (Memorial Day to Labor Day), we close at 2:00 P.M. We will call you Sunday to make arrangements for pick up. If you have a Sunday or Monday pick up (Labor Day to Memorial Day), we are closed and will call you on Saturday to make arrangements for pick up. _________________________________ Dangers of Operating a Golf Cart This golf cart is a recreational vehicle and it was NOT designed to protect your and/or your occupants in the event of a crash.
You and/or your passengers may be severely injured if the golf cart has any impact and/or collision. Important Cape Charles Golf Cart Rules I agree that: This golf cart is subject to the same laws as an automobile. The driver and all passengers must wear seat belts at all times. I Agree There will be no open alcoholic containers or beverages on the golf cart. I Agree All children must be on a seat with a seat belt on (no children on laps). I Agree If I have a problem with the golf cart rental or charger, I will immediately report the problem to 757-999-2278 ex. 1 and leave a message if no one answers the phone. I Agree I will not drive away while the AC cord is plugged into the wall or extension cord. If I tear the AC cord out of the charger and break it, I will pay ESCC $30 for a preplacement cord. I Agree I will operate the golf cart in the limits of the incorporated Town of Cape Charles, all of which 25 miles per hour zones. I Agree I will not drive the golf cart on the beach, in sand, or in any body of water. I will drive and park the golf cart on paved roads and not in the sand or on sidewalks. I Agree All my guests on the golf cart will always remain seated while the golf cart is in motion. I Agree If I think the golf cart has died in the middle of the road, I will check to make sure the golf cart is in gear before alerting ESCC that the cart is "dead". I Agree The Bay Creek Resort is only accessible by golf cart paths with posted signage. I Agree If I receive a Code and Ordinance Violation from the Cape Charles Police Department for parking incorrectly, having an unlicensed driver driving, driving in a prohibited area, or any other code violations, I am responsible for paying the parking ticket to the Treasurer at 2 Plum Street, Cape Charles, VA 23310. I Agree If I think my cart is dead, I will not push the cart. If I push the cart and fry the motor, I will pay for a motor and controller replacement at the price of $2500 minimum. I Agree I am responsible for all drivers of the golf cart. If I allow an unauthorized driver to operate the golf cart, I am responsible for the reproductions from the State of Virginia. I Agree I have received a copy of this document and I agree to abide by its entirety. I Agree If any of these rules or rules on the rental agreement are broken, the cart will be taken away with no refunds! I Agree
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