Fill and Sign the Terms of Sale Golf Cart and Waiver and Release of Liability for Purchase Texas Form

Terms of Sale Golf Cart and Waiver and Release of Liability for Purchase THIS IS AN IMPORTANT LEGAL DOCUMENT. ALLOW YOURSELF SUFFICIENT TIME TO CAREFULLY READ AND UNDERSTAND THE ENTIRE DOCUMENT, BECAUSE BY SIGNING IT, YOU ARE AGREEING TO GIVE UP CERTAIN LEGAL RIGHTS. Agreement made on       , between (date)       , (Name of Buyer) of       , (street address, city, state, zip code) referred to herein as Buyer , and       , a (Name of Seller) corporation organized and existing under the laws of the state of       , ( name of state) with its principal office located at       , (street address, city, state, zip code) referred to herein as Seller . For and in consideration of the payment by Buyer to Seller the sum of $       , the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Assumption of Risk. I understand that the Golf Cart, more particularly described as: Make:       Model:       Year:       Color:       Engine Size:       Serial No:       hereinafter referred to as the Cart, can be subject to mechanical malfunction as well as operator error. I freely, voluntarily and expressly choose to assume all risks inherent in the use of this Cart, including, but not limited to, risks of Cart’s malfunction and/or failure, including those which may result from some failure in design, assembly and/or manufacture, as well as those risks arising from improper and/or negligent operation and/or use of the Cart, understanding full well that those risks may include personal injury, property damage, and/or death. Terms of Sale – Golf Cart and Waiver and Page 1 of 4 Release of Liability for Purchase II. Exemption and Release from Liability. I exempt and release the Seller, Seller’s officers, directors, agents, employees, shareholders, and other representatives (the Releasees) from any and all liability, claims, demands, or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, as a result of using this Cart in any way, whether such loss, damage, injury, or death results from the negligence and/or other fault, either active or passive, of any of the Releasees, or from any other cause. III. Covenant not to Sue. I agree never to institute any suit or action at law or otherwise against any of the Releasees, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or fault, either active or passive, of any of the Releasees or from any other cause. I further expressly agree that I will never raise any claim against any of the said Releasees for product liability, failure to warn, negligence, breach of warranty, breach of contract, or strict liability, regardless of whether my said claims for damages or injuries are alleged to result from the fault or negligence of any Releasee. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Releasees, nor shall they initiate or assist in the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death arising from the activities covered by this Agreement, whether caused by the negligence and/or fault, either passive or active, of any of the Releasees, and I hereby so instruct my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf. Should any suit or action at law or otherwise be instituted in violation of this Agreement against any of the Releasees, I agree that any such Releasee shall be entitled to recover attorneys’ fees and costs incurred in defense of such suit or action, including any appeals arising therefrom. IV. Indemnity against Claims. I will indemnify, save and hold harmless any Releasee from any and all losses, claims, actions or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any persons and/or organizations and which arise directly or indirectly from my participation in the activities covered by the Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of the Releasees or from any other cause. V. Validity of Waiver. I understand that if I institute, or anyone on my behalf institutes, any suit or action of law or any claim for damages or cause of action against any of the Releasees because of injury to my person or property, or my death, due to my use of the Cart, this Agreement may be used in court. Terms of Sale – Golf Cart and Waiver and Page 2 of 4 Release of Liability for Purchase VI. Continuation of Obligations. I agree and acknowledge that the terms and conditions of this Agreement shall continue in force and effect now and in the future at all times during which I use the Cart, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf. This Agreement supersedes and replaces any prior such agreement I have signed. VII. Resale of Cart. Should I resell this Cart or allow any third party to use this Cart, I shall obtain a Waiver and Release of Liability no weaker than this Waiver and Release of Liability from that party before the Cart is used by them. VIII. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. IX. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. X. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. XI. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. XII. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. XIII. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. Terms of Sale – Golf Cart and Waiver and Page 3 of 4 Release of Liability for Purchase XIV. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XV. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XVI. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XVII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XVIII. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated.       (Name of Seller) By: (Signature of Buyer) (Signature of Officer)             (Printed or Typed Name) (Printed or Types Name)       (Office in Corporation) Terms of Sale – Golf Cart and Waiver and Page 4 of 4 Release of Liability for Purchase