OCEAN REEF CLUB ROAD CART RENTAL AGREEMENT



 +
 +

RISKS:  

Lessee affirms and acknowledges that Lessee has been fully informed that using the Cart is an inherently dangerous activity.  Lessee and his guests expressly assume the inherent hazards and risks associated with driving a Cart including, but are not limited to, injury or other damage to Lessee and/or Lessee’s passengers, and Lessee’s/passenger’s personal property resulting from, among other things:

  1. Collision with another vehicle of any type (car, truck, road Cart, etc.).
  2. Collision with a foreign object of any type, a third party or an animal.
  3. Action taken in an attempt to avoid any of the above described collisions.
  4. Failure of equipment.
  5. Improper operation of the Cart.
  6. The absence of active or passive restraints or airbags.
  7. No helmets or other head protective devices.
  8. The absence of rollover protection or seat belts. Note: the number of persons in the vehicle, including the driver, shall not exceed the number of available seatbelts to minimize risk of ejection or injury.  Seatbelts must be worn by all Cart occupants at all times.
  9. Lessees must insure that children 5 years of age or younger are protected using a crash-tested, federally approved child restraint device.
  10. Taking corners at too fast a speed can cause the Cart to roll over.
Ejection of the driver and/or passengers from the Cart as a result of any of the foregoing or from other cause.
 

Lessee acknowledges and accepts the risks associated with operating the Cart:

TERMS AND CONDITIONS: 

  1. A VIOLATION OF THE TERMS AND CONDITIONS WILL AUTOMATICALLY VOID ALL LOSS DAMAGE WAIVER (LDW) THAT YOU MAY HAVE ACCEPTED. IT ALSO MAKES YOU LIABLE TO OCEAN REEF CLUB FOR ALL THE PROPERTY DAMAGES, PERSONAL INJURY DAMAGES, PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT THE CLUB OR THE CLUB’S INSURANCE COMPANIES MAY INCUR.
  2. It is a violation of this agreement if you use or permit the Cart to be used: 1) by anyone other than an authorized driver, as defined in paragraphs 4-6 below; 2) to carry passengers or property for hire; 3) to tow or push anything; 4) to be operated in a test, race or contest or on unpaved roads; 5) while the driver is under the influence of alcohol or a controlled substance; 6) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband; 7) recklessly or while overloaded.
  3. It is a violation of this agreement if you or an additional driver, authorized or not: 1) fail to promptly report any damage to or loss of the Cart when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate fully with our investigation; 2) where required by law, failure to report an accident to law enforcement; 3) obtained the Cart through fraud or misrepresentation; 4) leave the Cart and fail to remove the keys and the car is stolen or vandalized; 5) intentionally or with willful disregard cause or allow damage to the Cart, or 6) return the Cart after hours and the Cart is damaged, stolen or vandalized.
  4. UNDER NO CIRCUMSTANCES SHALL THE CART BE DRIVEN BY ANY PERSON WHO IS NOT THE LESSEE OR AN AUTHORIZED DRIVER LISTED BELOW IN PARAGRAPH 5 and WHO DOES NOT HAVE A VALID STATE DRIVER’S LICENSE OR A VALID OCEAN REEF COMMUNITY ASSOCIATION (ORCA) CART LICENSE.
       5. Other Cart Drivers Authorized By Lessee (“Authorized Drivers”):
 +
 +
 +
 +
 +
  1. No one should be permitted to operate the Cart beside the Lessee and the “Authorized Drivers” specified above. In order to be an “Authorized Driver,” drivers must have a valid driver’s license or have a license issued by Ocean Reef Community Association (ORCA).
  2. Lessee agrees to the rental rates for the Cart and other charges as posted.
  3. Authorized Areas: The Cart may be driven on paved surfaces only and not on any golf courses, Buccaneer Island, piers, docks or private property (other than driveways).
  4. Under no circumstances shall the Cart be driven (a) by any person who has given Ocean Reef Club, Inc. (ORC) a fictitious name or address, (b) in any race, speed test or contest, or (c) to propel, tow, or push any vehicle or trailer. Lessee is strictly prohibited from leasing or loaning the Cart to persons other than an Authorized Driver, and Lessee shall be fully responsible for the acts and omissions of any Authorized Driver using the Cart.
  5. Lessee will be responsible for any damage incurred to the Cart between the times the Cart is checked out to Lessee and before it is checked in by an ORC employee. In the event that the Cart is equipped with a locking device that can be engaged when the Cart is not in use, Lessee shall pay for a new lock should the Cart key be lost or stolen, in addition to a lost key charge plus a daily rental fee for each day the Cart is unavailable for use. 
  6. The Cart is the property of ORC. The Cart has been inspected carefully by Lessee before leaving the Cart Rental Office, and Lessee accepts the Cart AS IS and agrees that ORC makes no warranties express or implied in connection therewith.
  7. Lessee or any driver of the Cart shall, in no event, be deemed the agent, servant or employee of ORC or Ocean Reef Community Association, Inc. (ORCA) in any manner or for any purpose whatsoever.
  8. Lessee agrees not to remove the Cart from the Ocean Reef complex.
  9. If the Cart is found abandoned and not locked, it will be towed in by ORC and will result in a Tow-In Charge of $100.00.
  10. THIS VEHICLE MUST BE RETURNED TO THE GOLF CART RENTAL OFFICE WITH LOCK, KEYS AND CHARGER CORD. If the Cart is returned without these items, or if the items are damaged, the following fees shall apply:  Lock $20.00 -- Cart Keys $25.00 -- Charger Cord $250.00 – Cart Screen $300.
  11. Lessee and any other person who drives the Cart shall comply with all applicable laws. Alcoholic beverages cannot be consumed while driving a Cart. Driving the Cart while under the influence of alcoholic beverages or drugs is strictly prohibited. Reckless or irresponsible driving, operation by unlicensed or unauthorized drivers, or public safety and/or ORC rule violations will not be tolerated and shall result in confiscation of the Cart by Ocean Reef Club, or Ocean Reef Community Association Public Safety Department or other authorized entities .  In such event, Lessee will not be refunded any portion of Lessee’s rental fee or be permitted to rent another Cart.
 
Lessee acknowledges and accepts the terms and conditions:

WAIVER, RELEASE, AND INDEMNIFICATION:
 
  1. Lessee shall be solely responsible for and hereby agrees to forever discharge and release Ocean Reef Club, Inc. (“ORC”), Ocean Reef Club Community Association (“ORCA”), and their subsidiaries, affiliated entities, insurers, officers, directors, owners, shareholders, members, volunteers, employees and agents, (collectively, the “Released Parties”) from any and all responsibility or liability for any occurrence which may result in personal or bodily injury, property damage, wrongful death, or other damage to Lessee or Lessee’s family, heirs, or assigns, that may occur arising out of the renting of the Cart or from Lessee’s and/or Lessee’s family’s or guests’ use of the Cart or as a result of product or strict liability or the negligence (of any species or degree), including the negligence of any of the released parties, whether passive or active, and including, without limitation, negligent rescue operations. Lessee agrees to indemnify, defend, protect, save and hold the Released Parties harmless from any and all liability for personal or bodily injury, property damage, or wrongful death or other damage, to Lessee or Lessee’s family, heirs, or assigns, that may occur as a result of the rental of the Cart or from Lessee’s and/or Lessee’s family’s or guests’ use of the Cart.  The indemnity so given includes, but is not limited to, all damages, claims, demands, fines, and attorney fees at all levels of negotiation or proceedings.
  1. In consideration of Lessee being permitted to rent the Cart, Lessee, on Lessee's behalf and on behalf of Lessee's family or guests, heirs or assigns, hereby agrees to indemnify, protect, save and hold the Released Parties harmless from any and all liability for personal or bodily injury, property  damage, or wrongful death that may occur as a result from Lessee or any other Authorized Driver having rented or used the Cart, including damage or liability caused by PRODUCT OR STRICT LIABILITY OR THE NEGLIGENCE (OF ANY SPECIES  OR DEGREE), INCLUDING THE NEGLIGENCE  OF ANY OF THE RELEASED PARTIES, WHETHER  PASSIVE OR ACTIVE, INCLUDING WITHOUT LIMITATION NEGLIGENT RESCUE OPERATIONS. The indemnity so given includes, but is not limited to, all damages, claims, demands, fines and attorney fees at all levels of negotiation or proceedings.

  2. Lessee agrees that in the event of any occurrence which  may result in personal  injury, property damage or wrongful death that may result from Lessee or any Authorized Driver having  rented or used the Cart, any homeowners insurance or other applicable insurance maintained by Lessee shall be primarily, non-contributory and shall supersede any insurance maintained by ORC and ORCA.
 

Lessee acknowledges and agrees to the waiver, release and indemnification provisions:

LOSS DAMAGE WAIVER: 

 

Lessee acknowledges that Lessee has been offered the opportunity to purchase optional Loss Damage Waiver (LDW) for each Cart rental.  LDW is available for purchase by the Lessee for a fee of $7.50 per day. For and in consideration of the payment of $7.50 per day by Lessee to ORC, ORC agrees to release and hold harmless Lessee and any of Lessee's Authorized Drivers from any damage caused to the Cart while rented to Lessee, except for (a) a $250.00 DEDUCTIBLE WHICH  IS TO BE PAID BY LESSEE, and (b) any damage to the Cart arising from any of the following: (i) damage occurring to the Cart while the Cart was being driven by a non-Authorized Driver; (ii) damage to the Cart resulting from an incident where the related Public Safety incident report reflects that the damage was caused while the driver was under the influence of alcohol in the opinion of the Public Safety officer who prepared the incident report; or (iii) damage to the Cart caused intentionally or by an act of intentional or willful misconduct (e.g., driving the Cart into any waters surrounding Ocean Reef Club, driving the Cart in non-Authorized Areas, purposely smashing the Cart with a foreign object, etc.).

LESSEE HAS READ THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGES AND AGREES TO ALL OF THE TERMS AND CONDITIONS. LESSEE REPRESENTS THAT LESSEE IS 21 YEARS OF AGE OR OLDER AND IS A CAPABLE AND VALIDLY LICENSED DRIVER.  LESSEE REPRESENTS THAT LESSEE IS LEGALLY COMPETENT TO SIGN THIS AGREEMENT.

 

 

ACCEPTED AND AGREED TO:

LESSEE SIGNATURE: *
clear
 +