Golf Cart Waiver Topsail
Responsable Party Driver One:
Property Rented: Reservation Number:
Email: Cell Phone: Drivers Age: I Certify This Driver is 25 Years or Older:
DL License Number: DL State:
Experation Date: Date of Birth:
Insurance Provider: Policy Number:
: I Certify This Driver is 25 Years or Older:
: : :
For this document's purpose, the document will be referred to as a "Waiver" or "Agreement" from this point forward. Golf Cart Vehicle will represent the Low-Speed Motorized Vehicle that operates on either battery or gas and will be referred to as "LSMV" from this point forward. You and/or any member of your party are the Operator, Driver, or Guest and will be referred to as "Operator(s)" from this point forward and will include a default He/She designation depending on the Operator(s). Vacation home or condominium or dwelling unit shall be referred to as "Rental Property" from this point forward. The homeowner will be referred to as "Property Owner" from this point forward, and Glass Casa Inc. will be referred to as "Glass Casa" from this point forward.
WAIVER/AGREEMENT TERMS AND CONDITIONS:
The Operator(s) attest that He/She is of at least 25 years of age and that He/She possesses a valid driver's license and insurance as required by law. The Operator(s) represents and warrants that He/She is insured under an automobile policy which would provide coverage for injuries to the Operators(s) and medical bills incurred as well as for damage to the person and property of others should an accident occur during the operation or use of the LSMV. The Operator(s) attest that no other person shall drive the LSMV mentioned herein during the terms of this Agreement or while the LSMV is in possession of Operator(s) except for the authorized drivers whose names are listed above. Operator(s) agree that He/She shall permit no person to operate or drive said LSMV.
Operator(s) automobile insurance is to be the primary coverage. The valid and collective liability insurance and personal injury protection insurance of any authorized Operator(s) is primary to the limits of liability and personal injury coverage required by SS.324.021(7) and 627.736, Florida Statutes. You are hereby notified that by signing this contract below, you agree that your own liability, personal injury protection and comp/collision will provide primary insurance coverage up to its full policy limits.
Operator(s) acknowledge receipt of the herein described LSMV. Both parties agree that the LSMV was inspected by the Operator(s) at the time of delivery and accepted by the Operator(s), and that the LSMV was in good and serviceable condition. Operator(s) agree to pay for loss or damage of the LSMV as well as all associated parts, attachments, keys, and flat/damaged tires. Any tampering, altering, or replacing any parts, accessories or any components of the LSMV is not allowed. If the LSMV is found to have been tampered with or altered, Operator(s) agree to pay for all damages and any cost to restore the LSMV, including loss of use. Operator(s) credit card or reservation folio will be charged for all damages, theft, or loss of the LSMV on a "cash on demand" basis up to the value of the LSMV repair or replacement. Operator(s) accept LSMV in its current state and current state of charge and is responsible for maintaining proper charging of LSMV and agrees to return the LSMV fully charged. If the LSMV is gas-operated, the Operator(s) will return the LSMV with a full tank of gas upon departure. Any LSMV returned and not fully charged or filled with gas will incur $100.00 fee that will be charged to the Operator(s) credit card on file associated with the Operator(s) rental folio.
Title to the LSMV is, and at all times shall remain in the name of the Property Owner. The parties agree that the Operator(s) are not and does not hereby become an agent, servant, or employee of the Property Owner or Glass Casa in any manner whatsoever. The Operator(s) acknowledge said LSMV is the rightful property of the Property Owner, although the registered title may be in a third-party name. The parties agree that the Property Owner or Glass Casa is neither the manufacturer of said LSMV nor the agent of the manufacturer and that no warranty is given against evident or hidden defects in material, workmanship, or capacity. Property Owner and Glass Casa shall not be liable to Operator(s) for any loss, delay or damage of any kind resulting from defects or inefficiencies of the LSMV or in the event of accidental breakage. Operator(s) understand that the LSMV is being provided as a no-charge amenity and any loss of use during the Operator(s) stay will not in any way constitute a refund, credit or rate adjustment for any loss of use whatsoever.
Operator(s) shall give Glass Casa immediate notice of any levy attempted upon the LSMV, or if the LSMV for any cause becomes liable to seizure and indemnify the Property Owner and Glass Casa against all losses and damages caused by such action, including Property Owner and Glass Casa's reasonable attorney fees and expenses. Operator(s) agree to indemnify and hold the Property Owner and Glass Casa harmless against any and all losses, damages, expenses, and penalties arising from any action causing injury to person(s) or property during operation, handling or transportation of the LSMV during the usage period, or while the LSMV is in the possession and/or control of the Operator(s). Operator(s) waive and release Property Owner and Glass Casa from all claims from injuries or damages to the Operator(s) caused while using the LSMV by the Operator(s). The Operator(s) assume all risk of loss arising from the LSMV's negligent use or operation.
SAFETY AND OPERATION:
Operator(s) warrant and represent that He/She will always exercise extreme caution while operating the LSMV, especially during periods of inclement weather, crowded roadways or situations involving special hazards and will exercise the highest standard of due care and diligence. The Operator(s) will not drink any alcoholic beverages or engage in illegal activities or substances while in charge of or operating the LSMV. The Operator(s) understand that severe injuries may occur while using the LSMV and clearly understands that if an accident were to occur, injuries to the Operator(s) as well as fellow passengers could occur. For the safety of all, seat belts must be worn at all times. If the Operator(s) are observed operating the LSMV carelessly, recklessly, dangerously or in a manner likely to cause injury or damage to him/her or himself/herself or any other persons or property or on any unauthorized pathways, the Operator(s) will forfeit any right to the LSMV and will assume any fines or penalties as of a result thereof. Operator(s) agree to immediately notify Glass Casa of any accident, damage or failure of the LSMV.
Waiver of any one breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. If any term, covenant, condition or provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall remain in full force and eﬀect.
GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by and interpreted and construed under the laws of the State of Florida, without regard to conﬂict of laws principles. The Parties agree that Venue for any dispute concerning, involving, or in any way implicating this Agreement shall lie exclusively in the federal and state courts of Okaloosa County or Walton County, Florida.
Operator(s) understand that at no time shall any person under the age of 25 operate the LSMV in any manner whatsoever. Operator(s) agrees that letting a minor operate the LSMV in any way is a violation of this Agreement, against the law and extremely dangerous. Allowing any Minor to operate or drive the LSMV in any way will result in complete forfeiture of the LSMV use.
I, : HEREBY WAIVER AND RELEASE, indemnify, hold harmless and forever discharge the owners of the rental property located at 122 Shore Bird Dr., Unit 824, Santa Rosa Beach, FL 32459, its property management company, Glass Casa Vacation Rentals, and its agents, employees, officers, and agents, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damage and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way relate to the use of provided golf cart (CLUB CAR ONWARD of White colored 6 passengers) associated with the rental of the property or in any of the events or activities conducted on or near the premises of the property.
I understand that the use of the provided golf cart is potentially inherently dangerous and may cause harm or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself and my heirs, assigns and next of kin, I waive all claims for damages, injuries or death sustained by me or my property that I may have against the aforementioned released parties to such activity.
I understand that I will provide my own safety helmet for golf cart use. I also attest that to drive the golf cart, I have a valid driver’s license, and at least 25 years of age and will adhere to all safety and traffic laws during its use. I also attest that I will keep the golf cart in good physical condition and working order during its use.
By this waiver I assume any risk, and take full responsibility and waive any claims of personal injury or death or damage to personal property associated with the owners of rental property 122 Shore Bird Dr., Unit 824, Santa Rosa Beach, FL 32459 and its property management company, Glass Casa Vacation Rentals in the use of the provided golf cart owned by the aforementioned released parties.
By my signature on this document I assume all responsibility for any personal injury, death, or damage property that may occur while I am participating in the use of the provided golf cart or any activity associated with the aforementioned rental property or its property management company. I sign this document on my own accord and not under the duress or threat of duress, without inducement, or harassment.
I certify that I am at least 25 years of age and am legally authorized to sign this waiver on my own behalf. I also understand that by signing this waiver I relinquish any right or future right to seek damages against the aforementioned rental property owners or its property management company for any harm, personal injury, death, or property damage that may occur while I am participating in such activities.
This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and fully supersedes any and all prior understandings, representations, warranties and agreements between the Parties pertaining to the subject matter hereof. This Agreement may be amended only by a written agreement executed by the Parties in interest at the time of the modiﬁcation.
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Document Name: Golf Cart Waiver Topsail
Agree & Sign