You are renting a Golf Cart from us according to the following condition and terms:
1. “You” or “Your” means the person signing this contract (either via paper or electronically) and any other person or organization to whom charges are billed by Us at Your direction. All persons referred to as “You” or “Your” are jointly and severally bound by this contract. “We” or “Us” or “Our” refer to the owner of the Golf Cart, that is Barley Vine Tours, LLC. “Golf Cart” includes the golf cart identified and so used, and all of its equipment, keys, and accessories.
2. Barley Vine Tours, LLC. Property: You agree that the Golf Cart is Our property. This agreement is a contract only for the rental of the Golf Cart. You acquire no rights other than those expressly stated in this agreement. You are not Our agent. We make no warranties, express or implied or apparent, referring to the Golf Cart, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE GOLF CART IS FIT FOR A PARTICULAR PURPOSE. We can repossess the Golf Cart at Your expense without warning or notice to You, if the Golf Cart is abandoned, or used in violation of law or this Contract.
3. Unauthorized use of the Golf Cart: You acknowledge that You have received adequate and proper safety and operational instruction (either on-line or in-person or past personal experience) for the Golf Cart and are capable in all aspects of handling and operating the Golf Cart and following all safety instructions. You shall be the sole operator of the Golf Cart, and no other person shall operate the Golf Cart. In no event shall the Golf Cart be driven: (I) by anyone who is not a licensed driver; (II) by anyone under the influence of alcohol, drugs, or other intoxicants; (III) by anyone who obtained the Golf Cart by fraud or misrepresentation ( including false statements by you or false driver information); (IV) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, ordinance or regulation; (V) in any race, speed test or contest; (VI) for carrying any dangerous items/drugs/contraband; (VII) outside the limits of the Village of Geneva-on-the-Lake plus one (1) mile; or (VIII) loaded beyond the Golf Cart’s capacity. You will comply with all applicable regulations, ordinances and laws regarding the operation of the Golf Cart.
4. Golf Cart Condition: (I) You acknowledge and understand that the Golf Cart is without damage or defect including, but not limited to scratches, dents, stains, and tears. You must return the Golf Cart in the same condition as You received it except for ordinary wear. We invite You to take photos of the Golf Cart before operation. We prohibit smoking in the Golf Cart. We prohibit pets in the Golf Cart. You agree to immediately report any defect in the Golf Cart to Us and immediately cease use of the Golf Cart.
(II) If We determine that You have caused damage to the Golf Cart, You agree and We reserve the right to charge Your credit card for such damage. You will also be responsible for any revenue loss incurred by Us due to the Golf Cart being unavailable for rental due to damage caused during the rental period.
5. Insurance and Indemnification. You will indemnify, defend, and hold Us harmless from third party claims arising out of or in connection with: (I) personal injury or damage to property resulting from Your use of the Golf Cart, Your negligence, or intentional misconduct; and (II) Your breach of a portion of this agreement. You are responsible for and will pay Us on demand for all missing equipment, loss or damage to the Golf Cart regardless of whether You are at fault. You represent and agree that for the duration of Your Rental You maintain automobile insurance. You agree that Your insurance will be primary without right of contribution from Us or Our insurance policies. Any insurance We are required to provide applies to claims of bodily injury and property damage only, and is secondary to any other valid and collectable insurance whether it is primary, secondary, excess or contingent. We will be an additional insured on any such available insurances. You waive any and all rights of subrogation against Us and further agree to cause Your insurers to waive their rights of subrogation against Us.
6. Credit Card Payment and Charges: A valid credit card number shall be retained by Us and will be used to provide full compensation for the rental of the Golf Card and for any failure by You to return the Golf Cart in as good condition as when received by You. You authorize Us to charge Your credit card for any amounts due under this agreement. The amount available on the balance of Your credit card shall in no way be considered a limitation on the amount of damaged, reimbursements, or rental charges owned by You to Us. You shall pay Us on demand for: (I) charges for the rental period computed at the rate shown on our current rate schedule; (II) applicable sales, use and other taxes;(III) loss or damage to the Golf Cart, which is the cost of repair or the actual cash value of the Golf Cart on the date of the loss if the Golf Cart is not repairable, plus loss of the Golf Cart’s use; and (IV) the costs including pre-judgment and post-judgment attorneys’ fees We incur collecting payments due from You.
7. Deposit: We may apply Your deposit against any payments due Us under this Contract.
8. Release: YOU ASSUME ALL RISKS (INCLUDING BUT NOT LIMITED TO, ALL RISK OR INJURY OR DEATH) INHERENT TO THE VOLUNTARY OPERATION AND USE OF THE GOLF CART. YOU AGREE TO RELEASE US FROM ANY LIABILITY FOR BODILY INJURY (INCLUDING DEATH) AND/OR PROPERTY DAMAGE RESULTING IN WHOLE OR PART FROM OUR NEGLIGENCE, OR DEFECTIVE CONDITION OF THE GOLF CART.
9. Golf Cart Return: You must return the Golf Cart to the place initially obtained at the end of Your rental period. We may, at your expense repossess the Golf Cart if it not returned to the place obtained and the end time of Your rental period; You will indemnify Us for expenses We incur in locating and recovering the Golf Cart and You waive all recourse against Us for any criminal reports or prosecutions that We may take against You.
10. Your Property: You release Us, our agents and contractors, from all claims for loss or damage to Your personal property, of that of any other person that We received, handled, or stored, or that was left or carried in or on the Golf Cart, whether or not the loss or damage was caused by Our negligence or fault.
11. Fines: You must pay all fines, court costs, penalties, forfeitures or other expenses for violations while the Golf Cart is on rent and You will be responsible for all claims made by others against Us for payment of any costs arising from Your violations.
12. Liability Limitations: UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH ANY OF OUR SERVICES OR RENTAL, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROITS, LOST EARNINGS, PERSONAL INJURY, OR PROPERTY DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYONG OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. If, notwithstanding the foregoing exclusions, it is determined that we are liable for damages, in no event will the aggregate and total liability whether arising in contract, TORT, STRICT LIABILITY OR ANY CAUSE OF ACTION EXCEED THE AMOUNT INVOICED FOR SUCH SERVICES.
13. Governing Venue and Law: This contract will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law principles that would result in the application of the laws of any other jurisdiction. Each party agrees that any action or proceeding (whether based in contract, tort, or otherwise) between the parties arising out of or relating to this Contract must be brought and determined exclusively in the Federal and State Courts sitting in Ashtabula County, Ohio.
14. No Modification: No term of this Contract can be waived or modified except by a writing that we have signed.
15. Entire Agreement: This Contract and any addenda (whether on paper or electronic record) is the entire agreement between You and Us.
Today's date: August 16, 2022