Rules and Regulations:
• All cart operators MUST have a valid driver’s license and proof of insurance.
• Golf cart should not be operated in a manner that may endanger passengers or other individuals (e.g., pedestrians), or harm property.
• All equipment is the responsibility of the renter until checked in.
• Do not drive the golf cart into the water ($1,000 up to the cost of the cart will be charged).
• All passengers must remain seated on the cart.
• Maximum of 5 passengers on the cart.
• Golf cart should not be used off-road.
• Park the golf cart on a level and steady ground.
• Please take the key out of the cart when not in use.
• There will be a monetary charge for a missing key that is not returned to Owner.
The Lessee agrees to abide by all of the above Rules and Regulations. Lessee agrees to keep said property in the same condition as when received. Lessee agrees to hold all parties free and harmless from all damage. Lessee expressly acknowledges personal liability to pay Lessor costs to repair all damages to said property and Lessor’s costs including attorney fees incurred in collection of payments due from Lessee.
WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT “Golf Cart Waiver” I agree that in consideration of being permitted to use the golf cart (“Cart”) located in Canyon Lake, TX 78133 do hereby release, waive, discharge and covenant not to sue Owner, its members, officers, employees and agents from liability from any and all claims, including the negligence of Owner, resulting in personal injury, accidents or illnesses, including death, and property loss arising from use of the Cart. Assumption of Risks: Use and control of a golf cart, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, from one location to another, from one individual to another, but the risks of driving, riding or using a golf cart range from minor injuries to major and catastrophic injuries including paralysis and death. I understand and agree that it is my responsibility to assess the hazards presented by my use of said Cart and further agree that I am the ultimate judge as to whether I can use the Cart without risk of harm to myself and others. Indemnification and Hold Harmless: I also agree to DEFEND, INDEMNIFY AND HOLD HARMLESS the Owner, its members, officers, employees and agents, from and against any and all claims, demands, actions or causes of actions, for costs, attorney’s fees, expenses or damages to personal property, or personal injury, or death, which may result from any use of the Cart. Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risk is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Users: I understand and agree that only adults twenty-one (21) years of age or older that sign this agreement and hold a valid state Driver’s License shall be allowed to operate the Cart. Furthermore, I understand that I must observe all state and local traffic laws. Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue the Owner, its members, officers, employees and agents. I also understand that this agreement binds my heirs, executors, personal representatives, attorneys-of-law, attorneys-in-fact, administrators and assigns, as well as myself. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby assert that my use of said Cart is voluntary and that I knowingly assume all such risks incident to using said Cart.
FURTHERMORE, I REPRESENT THAT I AM FAMILIAR WITH THE OPERATION AND USE OF SUCH GOLF CART, THAT I HAVE READ THE RULES AND INSTRUCTIONS CONTAINED HEREIN, AND THAT I AM CAPABLE OF OPERATING THE GOLF CART SAFELY AND IN ACCORDANCE WTH SAID RULES AND INSTRUCTIONS.