OCEAN REEF CLUB CART RENTAL AGREEMENT

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User accepts the use of the Cart from ORC for the period of time set forth above, subject to the Risks and upon the Terms and Conditions set forth below.

RISKS:  User acknowledges that using the Cart is an inherently dangerous activity.  User expressly assumes the inherent hazards and risks associated with use of the Cart including, but not limited to, bodily injury, death, and damage to property resulting from, among other things:

  1. Collision with another vehicle of any kind (car, truck, road cart, motorcycle, etc.),
  2. Collision with a person, an animal or an object of any kind.
  3. Action taken in an attempt to avoid a collision.
  4. Failure of equipment.
  5. The absence of airbags.
  6. The absence of helmets or other head protective devices.
  7. The absence of rollover protection.
  8. The risk of the Cart rolling over if corners are taken too fast.
  9. Ejection of the driver and/or passengers from the Cart as a result of any of the foregoing or from other cause.

 

 

TERMS AND CONDITIONS:

A. Use and Operation:

  1. THE CART MAY NOT BE DRIVEN BY ANY PERSON WHO IS NOT THE USER OR AN AUTHORIZED DRIVER WHO IS LISTED BELOW. USER AND EACH AUTHORIZED DRIVER MUST PRESENT A VALID STATE DRIVER’S LICENSE OR A VALID OCEAN REEF COMMUNITY ASSOCIATION (ORCA) CART LICENSE. USER REQUESTS THE FOLLOWING PERSONS TO BE GIVEN PRIVILEGES AS AUTHORIZED DRIVERS:
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Violation of this paragraph will automatically void any loss damage waiver (LDW) pursuant to part C.  below.
 
2. The Cart shall be used and driven with extreme caution, taking into account traffic, road conditions, visibility, and weather. The driver must comply with all road signs, traffic laws, other applicable laws, ORCA Vehicle Rules and Regulations and the Public Safety Department Golf Cart Manual (available at the Welcome Center), and ORC Rules, Regulations and Policies (available at the membership office), each as amended from time to time.

3. The Cart shall be operated only on a paved road or cart path adjoining a road and shall not be driven on any unpaved surfaces or any golf courses (including cart paths on any golf courses), Buccaneer Island, piers, docks or private property (other than driveways with the consent of the property owner). Violation of this paragraph will automatically void any loss damage waiver (LDW) pursuant to part C.

4. THE NUMBER OF PERSONS IN THE CART, INCLUDING THE DRIVER, SHALL NOT EXCEED THE NUMBER OF AVAILABLE SEAT BELTS. SEATBELTS MUST BE WORN BY ALL CART OCCUPANTS AT ALL TIMES. USER SHALL INSURE THAT CHILDREN 5 YEARS OF AGE OR YOUNGER ARE PROPERLY SECURED IN A CRASH-TESTED, FEDERALLY APPROVED CHILD RESTRAINT DEVICE.

5. The key must be removed from the Cart when not occupied. If the Cart is taken by a third party with or without intent to steal, User will be responsible for loss of and damage to the Cart, to other property damaged by the Cart and for personal injury or loss of life resulting from use of the Cart by a third party. Violation of this paragraph will automatically void any loss damage waiver (LDW) pursuant to part C. 
 
6. If the Cart is found abandoned, the Cart may be towed and User will be charged a towing fee of $100.00. The Cart will be deemed abandoned if found parked with the key in the Cart.
 
7. The Cart shall not be used:

a. to carry passengers or property for hire;
b. to propel, tow or push anything;
c. to participate in a test, race or contest;
d. while the driver or any passenger is under the influence of alcohol, a controlled substance or any drug that may induce intoxication or impairment of auditory, visual or cognitive processes;
e. for any conduct that can be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband.

Violation of this paragraph will automatically void any loss damage waiver (LDW) pursuant to part C.  below.

8. The Cart shall not be removed from the Ocean Reef complex. Violation of this paragraph will automatically void any loss damage waiver (LDW) pursuant to part C.

9. The Cart must be returned to the Cart Rental Office on or before the date and time specified above and only during the regular business hours of the Cart Rental Office when an attendant is present to receive it. If the Cart is taken by a third party or damaged as a result of returning it after hours, the provisions of paragraph 5 will apply and any loss damage waiver (LDW) pursuant to part DC  below will be will automatically void.

10. THE CART MUST BE RETURNED TO THE CART RENTAL OFFICE WITH KEY. If the Cart key is not returned or is damaged, a $25.00 fee will be charged.

11. In the event of violation of any of the foregoing terms and conditions, ORC, ORCA Public Safety Department or other authorized entity may confiscate the Cart and User will not be refunded any portion of the Cart rental fee and will not be permitted to rent another cart.

B. Loss and Damage; Indemnity.
  1. User (jointly and severally if more than one) agrees to indemnify, defend and hold harmless ORC, ORCA and their respective directors, officers, employees, agents, members, committee members, affiliates, successors and assigns (each, a “Protected Party” and, collectively, the “Protected Parties”) to the fullest extent permitted by applicable law for, from and against any and all losses, costs, claims, demands, actions, fines, damages (whether direct, indirect, special or consequential), judgments, liabilities and expenses (including attorneys’ fees and costs incurred before suit and through all levels of trial and appeal and for enforcement of this indemnity) (collectively, “Claims”) arising out of or in connection with (a) any act or omission of User, any authorized driver, or any person driving or riding in the Cart with or without User’s permission, and (b) any personal injury, death and/or property damage occurring in or about the Cart or resulting from its operation or use, IN EACH CASE EVEN THOUGH CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY NEGLIGENCE OR FAULT OF ANY SPECIES OR DEGREE OF ANY PROTECTED PARTY, AND EVEN THOUGH ANY SUCH CLAIM IS BASED UPON OR ALLEGED TO BE BASED UPON THE STRICT OR VICARIOIUS LIABILITY OF ANY PROTECTED PARTY. The provisions of part C shall not limit the amount or scope of the indemnity obligations under this paragraph.  This paragraph will survive the termination or expiration of this Agreement.

  2. User, for himself or herself and on behalf of the authorized drivers and their respective heirs, personal representatives and assigns (collectively, the “User Parties”) waive, release and covenant not to sue the Protected Parties for Claims arising out of or in connection with any and all matters and events covered by paragraph 1 of this part B, whether known or unknown, accrued or unaccrued, contingent or absolute, asserted or unasserted.

  3. Any insurance maintained by User or any authorized driver covering any Claim shall be primary and non-contributory as to any insurance maintained by ORC.

  4. User agrees to promptly report to the Club and law enforcement any accident involving the Cart and any loss or damage to the Cart or other property and any personal injury or loss of life, and to provide a written report of the accident and to otherwise fully cooperate with any investigation.

  5. User is liable to ORC for all damage to the Cart and damages for loss of use of the Cart (at the daily rental rate until repairs are completed) resulting from use of the Cart, whether by User, an authorized driver, a person permitted to use the Cart who is not an authorized driver (without implying any right of User to grant such permission) or as a result of a third party taking the Cart, except that User will not be responsible for mechanical or electric/electronic failure of the Cart or its equipment not caused by misuse.

C. Loss Damage Waiver.
 
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to purchase Loss Damage Waiver (LDW) for the Cart for a fee of $7.50 per day (the “LDW Fee”). If elected, in consideration of payment of the LDW Fee, ORC agrees to waive any Claims against User and the authorized drivers for any damage to the Cart occurring during the term of this Agreement, except for (a) a $250.00 deductible per incident, and (b) damage to the Cart arising from any of the following: (i) damage occurring while driven by a person other than User or an authorized driver; (ii) damage occurring while driven by a person under the influence of alcohol or drugs as determined by the Public Safety officer responding to the incident; or (iii) damage caused by reckless or intentional misconduct.

D. Miscellaneous
  1. This Agreement is the entire agreement between the parties regarding the subject matter hereof, and no amendments, changes or modifications may be made to this Agreement without the express written consent of each of the parties.
  2. Nothing in this Agreement or in the relationship of User and ORC shall be deemed to constitute a partnership, joint venture, agency, employment or any other legal relationship and ORC shall not be responsible for any act or omission of User or any authorized driver.
  3. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of the Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated.
  4. This Agreement shall benefit and be binding upon the parties and their respective successors and assigns; provided, however, this Agreement may not be assigned by User.
  5. This Agreement shall be governed by the laws of the State of Florida, without giving effect to principles of conflicts of law. Jurisdiction and venue of any legal action in connection with this Agreement shall be proper only in state court sitting in Monroe County, Florida.
  6. THE PARTIES WAIVE TRIAL BY JURY IN ALL CLAIMS, COUNTERCLAIMS AND THIRD PARTY CLAIMS ARISING OUT OF THIS AGREEMENT.

USER ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT.  USER REPRESENTS THAT HE OR SHE IS OVER THE AGE OF 21, HOLDS A VALID STATE DRIVER’S LICENSE AND IS LEGALY COMPETENT TO SIGN THIS AGREEMENT.

ACCEPTED AND AGREED TO:
User Signature *
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FOR OFFICE USE ONLY