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MEMBER ANNUAL GOLF CART - EQUIPMENT RENTAL AGREEMENT

RELEASE, INDEMNIFICATION AND INFORMED CONSENT

The Breakers Ocean Course and/or The Breakers West Rees Jones Course (The Breakers) agrees to rent Golf Cart(s) and related equipment (Golf Equipment) to you subject to all of the terms and conditions of this Agreement. In consideration for your use of The Breakers facilities and the Golf Equipment rented to you, you acknowledge and agree to the following terms:

Release

I waive and release, in advance, The Breakers, The Breakers Palm Beach, Inc., Flagler System Inc., and their parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, successors and assigns (collectively The Breakers Parties) from and against any and all costs, claims, demands, losses, expenses, damages or causes of action (including but not limited to attorneys fees at all judicial levels), that I now have or may have in the future (or that my executors, administrators, heirs, next of kin, successors or assigns may have now or may have in the future) for any illness including COVID-19, personal injury, negligence, property damage, loss or other liability (including but not limited to liability for medical malpractice arising out of or relating to any treatment or care from employees, nurses, doctors, hospitals or other medical units, for any injuries sustained by me), arising out of or resulting in any manner from my use of The Breakers' facilities and Golf Equipment. I understand that this waiver and release includes any claims arising out of the action(s) or inaction(s) of the employees or agents of The Breakers Parties.

Indemnification

I agree to hold the Breakers Parties harmless, agree to indemnify the Breakers Parties and hereby agree to assume the defenses of the Breakers Parties against any and all claims by any person whomsoever involving liability for illness including COVID-19, bodily injury, including death, and property damage arising out of or incident to my use of the rented Golf Equipment regardless of fault.  

I fully understand, acknowledge, and agree that the Breakers Parties are relying upon my electronic signature and this document, which is intended to induce the Breakers Parties to allow me to use The Breakers' facilities and Golf Equipment. I further acknowledge that the Breakers Parties have accepted this document as partial consideration for my use of The Breakers' facilities and Golf Equipment.

Informed Consent

I acknowledge that I have read this waiver and release carefully and fully understand its meaning, and I am voluntarily executing same. This Release and Assumption of Risk is valid for a period of twelve (12) months unless I notify The Breakers in writing that such consent and release is revoked.

I Agree

Terms of Use

In order to maximize your enjoyment and safety, The Breakers requests that you review and acknowledge the following summary of requirements for safe operation of the golf cart:

  • Cart operators must have a valid drivers license.
  • Only two (2) persons are allowed to ride in a cart, regardless of whether the cart contains bags and clubs.
  • Use two hands when operating the cart.
  • Remain seated at all times.
  • Keep feet and arms in cart at all times.
  • No talking on phones, texting, emailing or otherwise using phones or tablets while operating the cart.
  • Obey all traffic signs.
  • Give right-of-way to pedestrians.
  • Slow down when approaching other carts, curves, and intersections.
  • Use cart only on approved paths/in approved areas. Golf carts owned by The Breakers are for use on the golf courses only and must not be driven to parking areas or other areas of The Breakers, including the hotel and beach club.
  • If you must cross a street or sidewalk, cross only at approved, white-striped crossings. 
  • Always park carts to the side or rear of greens, never in front of a green. 
  • Carts should not be driven under low hanging tree branches.
  • Carts will be rented to golfers who agree to operate the carts in a safe manner and who assume liability for any damage caused as the result of their use of the cart. Operation of a cart is at the risk of the operator. The cost to repair a cart damaged by a player will be charged to the hotel guest or member, or in the case of a guest, to the sponsoring member.

If you have any questions or concerns regarding the use conditions outlined above, please do not hesitate to contact a Breakers Team Member for assistance.

I Agree

Cart Rental Terms

  1. The Golf Equipment is the property of The Breakers.
  2. I will inspect the Golf Equipment before use and notify The Breakers if it is not in acceptable condition.
  3. I am not in need of training and I am reasonably knowledgeable and capable of operating the rented piece(s) of Golf Equipment.
  4. I will return the Golf Equipment to The Breakers in the same condition as received at the location where it was rented and on the return date and time specified.
  5. I agree to pay The Breakers for the Golf Equipment rental charges and applicable taxes.
  6. I agree to pay for loss or damage to the Golf Equipment while it is in my possession.

I Agree

ADA Accessibility

It is the policy of The Breakers to provide access to golfers with disabilities. If a member or guest wishes to request golf cart access to areas restricted by Club Conditions, the member or guest must first provide the Director of Golf or the Superintendent with (1) a doctors letter stating the specific restrictions of the Club Conditions for which the member or guest is requesting special access, and (2) a valid state issued department of motor vehicles handicap designation. The member or guest will be permitted golf cart access to certain areas currently restricted by the Club Conditions as determined by the Director of Golf. Access will be denied to areas where safety is a concern or where the agronomic integrity of the golf course is threatened. From time to time, the Director of Golf or Superintendent may also impose temporary restrictions as necessary for the maintenance of the golf courses, such as over-seeding, sodding or damage from heavy rain or flooding. Therefore, it is necessary that a member or guest who is requesting special golf cart access pursuant to this policy register in the pro shop where they are playing daily so that notice of any applicable restrictions can be provided. 

First Member's Name

First Name*

Last Name*
First Member's Age Acknowledgment*
First Member's Date of Birth*
I certify that I am 18 years of age or older
First Member's Signature*
Second Member's Name

First Name*

Last Name*
Second Member's Date of Birth*
Third Member's Name

First Name*

Last Name*
Third Member's Date of Birth*
Fourth Member's Name

First Name*

Last Name*
Fourth Member's Date of Birth*
Fifth Member's Name

First Name*

Last Name*
Fifth Member's Date of Birth*
Sixth Member's Name

First Name*

Last Name*
Sixth Member's Date of Birth*
Seventh Member's Name

First Name*

Last Name*
Seventh Member's Date of Birth*
Eighth Member's Name

First Name*

Last Name*
Eighth Member's Date of Birth*
Ninth Member's Name

First Name*

Last Name*
Ninth Member's Date of Birth*
Tenth Member's Name

First Name*

Last Name*
Tenth Member's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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