Low Speed Vehicle and Bike Liability Waiver & Damage Addendum The following terms apply to the use of any complimentary Low Speed Vehicle (aka LSV, golf cart or cart) and or bikes provided by the property owners and managers of Serenity Vacation Stays (These terms do not apply to LSV's, golf carts or bikes rented directly by or on behalf of guests through a third-party rental agency. The terms, rules and restrictions of any such rentals shall be governed exclusively by the terms of the agreement entered into between the guest and the third-party rental agency). 1. The person responsible for renting through Serenity Vacation Stays assumes complete liability for the care of and use of the LSV and/or bikes during their stay and assumes full liability and responsibility for ensuring adherence to the rules and safety information provided herein. 2. Operator acknowledges that various neighborhoods within the managers rental program have specific rules and regulations pertaining to the use of LSV's and/or bikes within their community. These rules and regulations vary by community and are strictly enforced in many respects, and they provide for fines and penalties that may include, but are not limited to, monetary fines against the owner of the property and or the impounding of the LSV and/or bikes by the respective Homeowners Association. Accordingly, operator agrees to comply with all community-based rules and regulations specific to their rental property. Low Speed Vehicle Laws | Walton County Sheriff's Office, FL 3. Operator authorizes Serenity Vacation Stays to charge the damage deposit credit card on file for any damages, costs or liability resulting from or arising out of the use of the LSV and/or bikes in violation of this agreement or rules and regulations of the applicable Homeowners Association. The damage protection plan does not cover damage to the LSV and/or bikes or damage caused by the use or misuse of the LSV and/or bikes whether accidental or otherwise. 4. Operator expressly acknowledges and agrees that operating an LSV and or bikes involves the risk of serious bodily injury or death, and or property damage and hereby assume such risk knowingly and voluntarily. Bike helmets are recommended for your safety. 5. Operator expressly acknowledges that he/she and any additional operators permitted to use the LSV are licensed drivers, over the age of 25, and that they are familiar with the safe operation of LSV and are certain of their own ability to operate an LSV safely. Because many of the local communities have a no tolerance policy for the operation of LSVs by persons under 25, which may result in the homeowner’s loss of use of the LSV, Serenity Vacation Stays has adopted a similar no tolerance policy. If a person under 25 is found to have operated the golf cart provided, operator will be fined $500 on the credit card or account provided. 6. In consideration of being permitted to operate and ride on the LSV and or bikes being provided, operator does for themselves, their guests, their heirs, executors, administrators and assigns, hereby release and forever discharge Serenity Vacation Stays, Serenity Vacation Stays owners, agents, employees and assigns, as well as Serenity At Paradise Retreat, LLC and their assigns from any and every claim, demand action or right or action of whatever kind of nature, either in law or equity, arising from or by reason of any bodily injury or personal injuries, known or unknown, death or property damage resulting, or to result, from any accident that may occur and any activities in the operation of the LSV and/ or bikes whether by negligence or otherwise that result in injury or damage. 7. No one is permitted to operate or drive the LSV unless they are at least 25 years old and possess a valid drivers license, and are operating the LSV with the express permission of Operator, who hereby indemnifies and holds harmless Serenity Vacation Stays, its owners, agents, employees and assigns, as well as Serenity At Paradise Retreat, LLC and their assigns, from and against any claims or suits made or filed by said authorized driver or their passengers (including, but not limited to, reasonable attorneys fees and costs of suit). 8. Rules of the road apply when LSV's are being driven in any/all areas. Operator will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas. 9. LSV's may be driven at night only if they are equipped with proper headlights and taillights. 10. Operator agrees to properly secure the LSV and/or bikes at all times to avoid theft, damage or unauthorized use. 11. Operator agrees that the LSV and/or bikes will only be left at his/her rental property overnight and not any other locations. 12. With your signature to this agreement, you agree that you have read, understand, and agree to this Low Speed Vehicle and Bike Liability Waiver and Damage Addendum. You are also stating that you, your family, your guests, or anyone that utilizes the LSV and/or bikes from your reserved rental property has read, understands, and agrees to this LSV and bike liability waiver and damage addendum and holds both Serenity Vacation Stays and Serenity at Paradise Retreat, LLC completely harmless and free of any and all liability that may arise from use of the LSV and/or bikes as provided above.
|