READ THIS DOCUMENT COMPLETELY BEFORE COMPLETING AND SIGNING. ITS EFFECT RELEASE NAYLOR NAVIGATIONS INC. ALL ALL-ASSOCIATES EMPLOYEES FROM ANY LIABILITY RESULTING FROM YOUR PARTICIPATING IN THE ACTIVITIES DESCRIBED BELOW AND WAIVES ALL CLAIMS FROM DAMAGES OR LOSSES AGAINST NAYLOR NAVIGATIONS INC. WHICH MAY ARISE FROM SUCH ACTIVITIES EVEN IF THEY RESULT FROM SUCH NEGLIGENCE. This is a legally binding release, Waiver, Discharge, and Covenant Not to Sue (Collectively, “Release”, made voluntarily by me, the undersigned Renter, on my own behalf of my heirs, executors, administrators, legal representatives, and assigns (hereinafter collectively, “renter”, “I” or “me”) to Naylor Navigations Inc. As the undersigned Renter, I fully recognize that there are dangers and risks to which I may be exposed by participating in the Naylor Navigations Inc. Rental Program (the” activity”). As the undersigned Renter, I understand that Naylor Navigations Inc. makes no representations as to the condition of the Golf Carts and any other rented items., nor does Naylor Navigations Inc. qualify as a merchant of said equipment, and equipment is made available as an accommodation, and not a service, to Naylor Navigations Inc. clients and friends. I am well advised to check the condition of the equipment prior to use and to notify Naylor Navigations Inc. of any discovered problems or defects in the equipment. Naylor Navigations Inc. does not require me to participate in this Activity, but I want to do so despite the possible dangers and risks and despite this release. With informed consent, and for valuable consideration received, including assistance provided by Naylor Navigations Inc., as the undersigned renter, I agree to assume and take on myself all of the risks and responsibilities in any way arising from or associated with this activity, and I release Naylor Navigations Inc. and all its affiliates and partners, and their respective governing boards, officers, directors, legal representatives, members, employees, administrators, assigns, and contractors (collectively Releasees from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, including Releasees own negligence, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that I may suffer at any time arising from or in connection with the Activity, including any injury or harm to me, my death, or damage to my property (collectively “Liabilities”) and I agree to defend, indemnify, and save Releasees harmless from and against any all liabilities. I agree to indemnify Naylor Navigations Inc. and its employees, operator, and principals for any claims, demands, judgments, damages, actions, and liabilities of every name and nature whatsoever, arising out of the use of the equipment during the activity. I agree to properly use and care for all borrowed equipment while it is in my possession and is aware that deviation from proper use and care may greatly increase the likelihood of accident or injury. I agree to properly secure all borrowed equipment in a legal location when not in my possession. The safety of accompanying passengers is my responsibility and I agree to always monitor the equipment's and its passengers' condition. I’m at least 21 years of age and hold a valid drivers license issued by one of the 50 United States. I understand the combined weight for passengers and cargo needs to be under 750 lbs for four passengers and 1000lbs for six passenger carts and accept that any damages incurred from failure to comply with this weight limit will result in a damage fee. I agree to pay all parking violations and towing costs that occur while the Golf Cart is in my possession. I understand this rental agreement is intended to provide Naylor Navigations Inc. the maximum protection that the state of Florida permits and that if any part of the rental agreement is declared invalid, the remainder shall continue to be in full force and legal affect, and any invalid clause shall be served therefrom without affecting the validity of the remainder.
I agree not to lend the equipment to others while in my possession, and that if I were to do so, and if they were to suffer a loss as a consequence, that is my responsibility alone. ONLY HOLDERS OF A VALID DRIVER’S LICENSE 16 YEARS OF AGE OR OLDER MAY OPERATE THIS EQUIPMENT. I agree to become familiar with the operation and use of equipment, to read Attachment A-Golf Cart Information Sheet, and other instructions provided to me regarding the equipment, and to operate the equipment in accordance with said instructions. I agree to contact Naylor Navigations Inc. if I have any questions or concerns about operating equipment or any damage caused. I agree to examine and inspect the safety and mechanical condition of the equipment, reporting any concerns or problems before driving the equipment. I understand and agree that should the equipment be lost or stolen while it is in my possession, I agree to reimburse Naylor Navigations Inc. upon demand for the loss of, or any damage to the equipment, and for all costs and expenses, including reasonable attorneys fee, incurred by Naylor Navigations Inc. in collecting and amounts owing by Renter hereunder or in otherwise enforcing Naylor Navigations Inc. rights hereunder. I understand and agree that there is no refund of the rental fee on early rental returns. I understand and agree that I should not return the equipment on the day agreed upon for return, Naylor Navigations Inc. will automatically charge my credit card used at the point of sale for an amount equal to one day of rental fees. As the undersigned Renter, I recognize that this Release means I am giving up, among other things, all rights to sue Releasees for injuries, damages, or losses I or any passenger or persons for whom I am responsible may incur. I also understand that this Release binds my heirs, executors, administrators, legal representatives, and assigns, as well as me. I also affirm that I have adequate medical or health insurance to cover any medical assistance I may require and that any passengers or persons for whom I am responsible also have adequate medical or health insurance to cover any required medical assistance. I agree that this Release shall be governed for all purposes by Florida Law, without regard to such law on choice of law. I have read this entire Release. I fully understand the entire Release and acknowledge that I have had the opportunity to review this release with an attorney of my choosing if I so desire, and I agree to be legally bound by this Release. I have read, understand and agree to the above terms. Signature of Renter whose printed name appears above: June 16, 2025 |