CART USE AGREEMENT
PLEASE READ PRIOR TO SIGNING
Terms for Use of Cart:
- In consideration of the agreement herein, Grandview Trails LLC (DBA Grandview Treetops; GTT) provides to the undersigned (hereafter referred to as the “Guest”) the Cart described herein (“Cart”)
- Guest certifies that he/she has examined the Cart and finds it acceptable and suitable for the purpose for which it is used
- In the event of malfunction breakdown, or if any defect is discovered after acceptance of the Cart, Guest will immediately report same to GTT. Continued use of the Cart shall be entirely at the Guest's risk and thus, Guest assumes all liabilities of injury and damage to all persons and property that may become injured or damaged by continued use of the Cart
- Only the person(s) that are listed on this Agreement as Authorized Drivers may drive the Cart. Guest assumes responsibility as outlined in this Agreement for all Authorized Drivers listed herein
- Guest will operate the Cart in accordance with all safety rules and regulations as described in this Agreement and/or posted on the Cart. He/She will maintain the Cart in a safe, dependable condition while in his/her custody.
- GTT property speed limit is 20 MPH. Guest will adhere to this limit at all times
- Guest is responsible for all damage to the Cart regardless if someone else is at fault or the cause is not known and is fully responsible for the cost of any repair up to the value of the full replacement (ordinary wear and tear excluded)
- Guest hereby authorizes GTT to process the credit card information in the name of Guest for all Cart rental charges, for reimbursement of any and all damage including up to the full vehicle value of the Cart
- Guest agrees to use and operate the Cart only on designated trails and only within the boundaries of designated sections of GTT property
- Guest agrees not to use, nor permit the use:
of the Cart for any unlawful purpose
of the Cart in a careless or negligent manner
of the Cart while under the influence of alcohol, narcotics, or other function-altering substance
- Guest acknowledges his/her responsibility for the safe and proper operation of the Cart and for the safety and welfare of other persons.
- Guest expressly agrees to indemnify, and hold GTT, its affiliates, officers, directors, members, managers, delegates, employees or agents harmless of, from and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcement of this Agreement by GTT, including expenses incurred in collection or attempting to collect for charges in the event of suit by GTT and to recover possession of said property and/or to enforce any of the terms, conditions and/or provisions hereof
- GTT reserves the right to cancel this Agreement
- Should any term or condition of this Agreement be held void or unenforceable, that term or condition 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
- Any violation of this Agreement set forth herein may result in the revocation of Guest’s Cart privileges, forfeiture of all Cart rental fees and/or application of penalties or appropriate costs for damage to any property of GTT or GTT guests or visitors
- Guest certifies that he/she has read and understands said rules and regulations
I AM FULLY AWARE OF THE RISKS ASSOCIATED WITH THE OPERATION OF A CART, INCLUDING THE POSSIBLE RECKLESS CONDUCT OF OTHERS. I HAVE CAREFULLY READ THIS AGREEMENT AND EXPRESSLY AGREE TO ACCEPT ANY AND ALL INHERENT RISKS TO PROPERTY OR PERSONS.
September 26, 2023