Golf Cart Liability Waiver

GOLF CART LIABILITY WAIVER AND SERVICE AGREEMENT

Parties and Recitals

WHEREAS, Provider: (the "Provider") owns or controls golf carts and related equipment; and

WHEREAS, Participant: (the "Participant") desires to rent, operate, or otherwise use a golf cart provided by Provider for recreational or transportation purposes; and

WHEREAS, the parties desire to set forth the terms under which the golf cart may be used and to allocate risk, payment, confidentiality and other obligations between them.

Scope of Work / Use

Cart Identification Number:     Intended Use Location:

Payment Terms

Term and Termination

Term Commencement Date:     Term Expiration Date:

Either party may terminate this Agreement for material breach that remains uncured after the notice period set forth above. Provider may immediately terminate access where Participant poses an immediate safety risk or operates the cart in violation of law or posted rules.

Assumption of Risk and Release

Participant acknowledges that operation and use of a golf cart involves inherent risks including collision, tip-over, mechanical failure, personal injury and property damage. Participant voluntarily assumes all such risks and accepts responsibility for personal injury, death, and property damage resulting from Participant's use of the golf cart except to the extent caused by Provider's gross negligence or willful misconduct.

In consideration of the Provider permitting use of the golf cart, Participant hereby releases, waives, discharges and covenants not to sue Provider and Provider's officers, employees, agents and contractors from any and all liability, claims, demands, actions or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by Participant while using the golf cart, whether caused by the negligence of the Provider or otherwise, except for gross negligence or willful misconduct.

Indemnification

Participant shall indemnify, defend, and hold harmless Provider from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Participant's use, operation, or possession of the golf cart, including claims by third parties, except to the extent caused by Provider's gross negligence or willful misconduct.

Safety, Operation and Use Restrictions

Participant affirms that Participant is at least years of age and possesses a valid driver's license where required by law. Participant agrees to operate the golf cart in a safe manner, comply with posted speed limits, observe seat capacity limits and not operate the cart while under the influence of alcohol, drugs, or any impairing substance.

Participant acknowledges receiving the following pre-operation inspection items: tires checked battery charged brakes functional

Participant further agrees to return the cart in substantially the same condition as delivered, normal wear and tear excepted, and to pay for damage resulting from misuse, negligence, unauthorized operation, or breach of this Agreement.

Confidentiality

During the term of this Agreement and for a period of two (2) years thereafter, each party shall keep confidential and shall not disclose to any third party any non-public information regarding the other party's business operations, pricing, or proprietary equipment specifications disclosed in connection with this Agreement, except as required by law. Confidential information does not include information that is or becomes publicly available without breach of this Agreement.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state selected by the parties. Any dispute arising under or related to this Agreement shall be resolved in the competent courts located within the governing jurisdiction. The parties consent to venue and personal jurisdiction in such courts.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, supersedes all prior or contemporaneous agreements, representations, and understandings, and may be amended only by a written instrument executed by both parties.

Acknowledgments and Representations

Participant represents and warrants that Participant has read and understood this Agreement, has had an opportunity to ask questions, and voluntarily agrees to be bound by its terms. Participant further acknowledges that Participant has received any applicable safety orientation and understands the operational instructions provided by Provider.

Participant Statements (Check to Agree)

I confirm I meet the minimum age and licensing requirements set forth above.

I will not operate the golf cart while under the influence of alcohol or drugs.

I will follow all posted rules, instructions and lawful directions from Provider's staff.

Miscellaneous Provisions

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. No waiver of any breach shall be effective unless in writing and signed by the waiving party.

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