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DTCR INC. d/b/a Downtown Cart Rentals

BINDING GOLF CART RENTAL AGREEMENT

& LIABILITY WAIVER

RENTAL AGREEMENT

As consideration for the rental of the Golf Cart provided by DTCR INC, I agree to the following conditions and hereby acknowledge the statements I make herein are true and correct:

I am at least 21 years of age and hold a valid Drivers License issued by one of the 50 United States.

Furthermore, I acknowledge that my signature below along with the submission of my Drivers License Identification Number shall become part of this agreement and identify me as the “Renter” of the Golf Cart referred to in this agreement.

I agree that only persons who are 18 years of age of older, possess a valid Motor Vehicle Driver License issued by one of the 50 United States, have Motor Vehicle Insurance currently in force shall be permitted to operate the Golf Cart.  I agree to provide Liability, Collision and Comprehensive Insurance covering myself and my property, the person and property of others involved, DTCR INC and the Golf Cart.

I understand that the Golf Cart is also considered a Low Speed Vehicle (LSV), but is subject to the same laws and regulations pertaining to Motor Vehicles, and therefore agree that the Golf Cart will be operated in accordance with the laws of the State of Mississippi, and the local laws of the City of Ocean Springs, MS, including but not limited to the prohibition of open containers of alcohol and driving under the influence of alcohol and/or other drugs.  I agree to only drive and operate within designated entertainment and beach districts outlined on the map provided.  I also agree not to enter or cross Highway 90/Bienville Blvd.

I understand that the Golf Cart is also considered a Low Speed Vehicle (LSV) and may only be operated on public streets where the posted speed limit is 30 mph or less.

I understand that the Golf Cart is also considered a Low Speed Vehicle (LSV) and is not equipped with many of the Common Safety Devices, Structural Components or Methods of Construction found on or used in Motor Vehicles and that the lack of such Safety Devices, Structural Components and Methods of Construction may increase injuries or result in death in the event an accident.  I acknowledge that I have read and fully understand the Rental Agreement and Golf Cart Operating Instructions.  Furthermore, I agree to follow the Rental Agreement and Golf Cart Operating Instructions. 

If I have any questions or concerns about operating the Golf Cart, I agree to contact DTCR INC at 228-300-CART (2278).

I agree that in the event the Golf Cart should become inoperable through no fault of mine, DTCR INC shall make reasonable efforts to repair or replace the Golf Cart.  In the event the Golf Cart cannot be repaired or replaced a refund will be issued for any paid portion of the rental agreement period remaining.

I agree to return the Golf Cart upon completion of the rental period in the same condition as received, normal wear and tear accepted.

I agree to return the Golf Cart clean and free of sand, dirt and other debris.

I understand that a late fee of $25 per every 15 minutes late will be charged to the card on file for late returns.

I agree to pay all parking violations and towing costs that occur while the Golf Cart is in my possession. 

I understand that a deposit is not required and hereby give consent to DTCR INC to keep my credit card on file for the duration of my rental agreement and authorize DTCR INC to charge my credit card for any amounts owed under the terms of this agreement.  I also agree to be charged a minimum fee of $250 for any damage to the Golf Cart(s) exceeding normal wear and tear.

I agree that the privilege of using the Golf Cart can be revoked without notice by DTCR INC for any violation of this agreement, and I also agree that I shall not be entitled to any rental refund for the remaining Rental Period, if that privilege is revoked.

In the event of any loss or damage to the Golf Cart or personal property or injury to persons, I agree to contact DTCR INC at 228-300-CART (2278).

I agree and acknowledge that I am legally and financially liable for all repairs to the Golf Cart and for the loss, damage, and/or injury to my person or property and the person or property of others involved while the Golf Cart is in my control and/or my possession.

It is my intention that this RENTAL AGREEMENT shall bind me, my spouse, heirs, legal representatives and assigns, passengers and anyone else who may make a claim against DTCR INC as a result of my use of the Golf Cart during my control and possession of the Golf Cart.

I understand and agree that this RENTAL AGREEMENT is intended to provide DTCR INC the maximum protection that the State of Mississippi permits and that if any part of the RENTAL AGREEMENT is declared invalid, the remainder shall continue to be in full force and legal effect, and any invalid clause shall be severed therefrom without affecting the validity of the remainder.

 

I Agree
  By my signature below, I certify that I have read this RENTAL AGREEMENT, fully understand its terms, agree to the conditions set forth herein and understand that I am giving up substantial rights, including the right to sue.  I acknowledge that I am signing this RENTAL AGREEMENT freely and voluntarily, and that my signature creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives and assigns. 

Date: November 30, 2021

 

 

WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

I release DTCR INC, its officers, members, successors, assigns and employees from all claims for loss of any personal property that is carried in or left in the Golf Cart, whether or not the loss of damage was caused by negligence or was otherwise the responsibility of DTCR INC.

I understand the Golf Cart does not have many of the Common Safety Devices found on Motor Vehicles and that the lack of such Safety Devices may increase injuries or results in death in the event of an accident.

I acknowledge the foregoing statement and waive any rights on behalf of myself, my spouse, heirs, legal representatives and assigns to recover damages based upon the lack of such Safety Devices, Structural Components and Methods of Construction commonly found on or used in Motor Vehicles.

I accept and acknowledge that I am legally and financially responsible for the personal property of and injuries to passengers of the Golf Cart that I agreed to rent and operate, and hereby forever release, indemnify, hold harmless and will defend DTCR INC, its officers, members, successors, assigns and employees in the event of any claim, loss, suit, demand or cause of action to recover damages based upon the lack of such Safety Devices, Structural Components and Methods of Construction commonly found on or used in Motor Vehicles.

I understand and accept that DTCR INC makes no warranties, either express, implied or apparent regarding the vehicle and makes no claims that the Golf Cart is fit for a particular purpose.

I acknowledge that there are inherent risks in operating a Golf Cart and this type of activity. There risks may result in serious injury or death and includes but is not limited to the following: collisions with pedestrians, bicycles and bicycle riders, Segway and Segway riders, scooters and scooter riders, other LSV/NEV and passengers, motor vehicles and passengers, manmade and natural objects. I agree to inform all passengers of the inherent risks in this type of activity and confirm that all passengers understand and accept the inherent risks prior to partaking in this type of activity.

I acknowledge that I have received and read a copy of the Golf Cart Operating Instructions and that I understand and will adhere to said instructions. I acknowledge that I have also received a copy of the map provided by DTCR INC and that I agree to remain within designated area defined within.

I understand and agree that this WAIVER OF LIABILITY, ASSUMPTION OF RISK AND IDEMNIFICATION AGREEMENT is intended to provide DTCR INC the maximum protection the State of Mississippi permits and that if any part of the WAIVER OF LIABILITY, ASSUMPTION OF RISK AND IDEMNIFICATION AGREEMENT is declared invalid, the remainder shall be in full force and legal effect, and any invalid clause shall be severed therefrom without affecting the validity of the remainder.

By my signature below, I certify that I have read this WAIVER OF LIABILITY, ASSUMPTION OF RISK AND IDEMNIFICATION AGREEMENT, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this document freely and voluntarily, and that my signature creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives and assigns.

 

I Agree
  By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against DTCR INC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at DTCR INC. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Date: November 30, 2021

First Renter's Name

First Name*

Last Name*

Phone*
First Renter's Date of Birth*
I certify that I am 21 years of age or older
First Renter's Signature*
Second Renter's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Renter's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 21 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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