FORMS
Coastal Golf Cart Rental, LLC
WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
I. DISCLAIMER
I/WE ACKNOWLEDGE THAT ONE MUST BE AT LEAST 21 YEARS OF AGE TO RENT ANY GOLF CART FROM
COASTAL GOLF CART RENTAL, LLC AND FURTHER THAT NO ONE UNDER THE AGE OF 21 SHALL OPERATE
ANY GOLF CART AT ANY TIME WHILE SUBJECT TO THIS RENTAL. I/WE ACKNOWLEDGE THAT THE
SIGNATURES BELOW REFLECT THOSE INDIVIDUALS WHO ARE OVER THE AGE OF 21 YEARS THAT WILL
BE OPERATING THE GOLF CART DURING THIS RENTAL AGREEMENT. THE UNDERSIGNED ACKNOWLEDGE
THEY WILL NOT ALLOW ANY OTHER PERSON TO OPERATE THE VEHICLE AND WILL PROTECT ACCESS TO THIS CART TO PREVENT ALL OTHERS INCLUDING BUT NOT LIMITED TO PERSONS LESS THAN 21 YEARS OF AGE FROM OPERATING THIS CART.
THIS WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT (HEREINAFTER THE
"RENTAL AGREEMENT") IS APPLICABLE TO ALL RENTERS, OPERATORS, PASSENGERS, AND ANY OTHER
USERS OF GOLF CART AND ACCESSORIES (HEREINAFTER COLLECTIVELY THE "GOLF CART") PROVIDED
BY COASTAL GOLF CART RENTAL, LLC, AN ALABAMA LIMITED LIABILITY COMPANY (HEREINAFTER "CGCR,
LLC") AS WELL AS ANY OTHER AFFILIATED ENTITIES OR INDIVIDUALS THEREUNDER. FOR PURPOSES OF
THIS RENTAL AGREEMENT, THE TERM "CGCR, LLC" SHALL INCLUDE ALL MEMBERS, MANAGERS,
OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, SUCCESSORS, INSURERS AND
SUBSIDIARIES OF CGCR, LLC. YOU AGREE THAT YOU ARE ALSO SIGNING THIS RENTAL AGREEMENT ON
BEHALF OF ANY MINOR CHILDREN FOR WHOM YOU ARE THE PARENT, GUARDIAN, OR WHOM YOU ARE
OTHERWISE RESPONSIBLE FOR THE CARE, CUSTODY OR CONTROL. YOU AGREE THAT YOU WILL
DISCLOSE TO CGCR, LLC ALL POTENTIAL RENTERS, OPERATORS, PASSENGERS AND USERS OF
THE GOLF CART. YOU FURTHER AGREE THAT IN THE EVENT THAT YOU FAIL TO NOTIFY CGCR, LLC
OF ALL POTENTIAL RENTERS, OPERATORS, PASSENGERS OR USERS OF SUCH GOLF CART, YOU WILL BE PERSONALLY LIABLE FOR ANY INJURIES OR DAMAGES TO THE UNDISCLOSED INDIVIDUALS, EVEN IF SUCH DAMAGES ARISE OUT OF THE GROSS NEGLIGENCE OF COASTAL GOLF CART RENTAL, LLC.
II. EXPRESS ASSUMPTION OF RISK-CAUTION!! READ BEFORE SIGNING
I/WE ACKNOWLEDGE THAT THE RENTAL, OPERATION OR USE OF A GOLF CART HAS INHERENT RISKS
THAT MAY LEAD TO BODILY INJURY, DEATH OR PROPERTY LOSS OR DAMAGE. I/WE FURTHER
UNDERSTAND THAT I/WE AM NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY OF THE ACTIVITIES
RELATING TO THE RENTAL, OPERATION AND USE OF THE GOLF CART, BUT I/WE HAVE WILLINGLY AND
VOLUNTARI LY DECIDED TO PARTICIPATE IN SUCH ACTIVITIES. I/WE REALIZE THAT I/WE AM FREE TO
REFUSE TO PARTICIPATE IN ANY OR ALL ACTIVITIES RELATING TO THE RENTAL, OPERATION AND USE
OF THE GOLF CART INCLUDING THOSE ACTIVITIES I FEEL UNCOMFORTABLE WITH OR WHICH I/WE
DETERMINE CANNOT BE COMPLETED SAFELY BY ME. I/WE KNOWINGLY AND VOLUNTARILY ASSUME ALL
RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE
RENTAL, OPERATION OR USE OF THE GOLF CART OR ASSOCIATED RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE OR OMISSION OF CGCR, LLC AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE RENTAL, OPERATION AND USE OF THE GOLF CART.
III. RELEASE I COVENANT NOT TO SUE - CAUTION!! READ BEFORE SIGNING
I/WE HEREBY RELEASE AND HOLD HARMLESS CGCR, LLC FROM ALL LIABILITY, CLAIMS, DEMANDS,
LAWSUITS, ARBITRATIONS OR CAUSES OF ACTION FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, OR
LOSS OR DAMAGE TO ANY PERSON OR PROPERTY SUSTAINED BY ME AND/OR ANY MINOR CHILDREN
FOR WHOM I AM A PARENT, LEGAL GUARDIAN, OR WHOM I/WE AM OTHERWISE RESPONSIBLE, WHETHER
CAUSED BY THE NEGLIGENCE OF CGCR, LLC OR OTHERWISE. THIS INCLUDES ANY INJURY, ILLNESS,
DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED AS A RESULT OF A
HIDDEN, LATENT OR OBVIOUS DEFECT ON THE GOLF CART OR ANY OF THE RENTAL EQUIPMENT USED,
OR ANY FAILURE ON THE PART OF CGCR, LLC TO PROPERLY INSTRUCT, SUPERVISE OR TRAIN ME ON
THE OPERATION OF THE GOLF CART. AS PART OF THE CONSIDERATION FOR USING THE GOLF CART, I
PROMISE NOT TO FILE A LAWSUIT OR OTHER PROCEEDING OR MAKE A CLAIM AGAINST CGCR, LLC FOR
ANY DEATH, ILLNESS, INJURIES, OR DAMAGE OR LOSS TO PERSONS OR PROPERTY SUFFERED AS A
RESULT OF MY PARTICIPATION IN THE RENTAL, OPERATION AND USAGE OF THE GOLF CART. IT IS THE INTENT OF THIS RENTAL AGREEMENT TO FULLY AND COMPLETELY RELEASE CGCR, LLC FROM ANY AND ALL LAWSUITS, PROCEEDINGS OR CLAIMS OF ANY TYPE WHATSOEVER.
IV. INDEMNITY I LIABILITY TO THIRD PARTIES - CAUTION!! READ BEFORE SIGNING
I/WE AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS CGCR, LLC FOR ALL PERSONAL INJURIES,
DEATHS, PROPERTY LOSS OR DAMAGE, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES,
INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF OTHER GOLF CART, VEHICLES
AND MINOR CHILDREN UNDER MY CUSTODY, CARE, AND CONTROL, AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO MY RENTAL, OPERATION, OR USE OF GOLF CART PROVIDED BY CGCR, LLC, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FA ULT OF CGCR, LLC.
V. GENERAL TERMS AND CONDITIONS
I/WE CERTIFY THAT I HAVE RECEIVED ADEQUATE AND PROPER SAFETY AND OPERATIONAL
INSTRUCTION FOR THE GOLF CART FROM CGCR, LLC. I/WE AM CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF SUCH GOLF CART AND FOLLOWING ALL SAFETY INSTRUCTIONS PROVIDED BY CGCR, LLC.
I/WE AGREE NOT TO USE, NOR PERMIT THE USE OF THE GOLF CART (A) FOR ANY UNLAWFUL
PURPOSE;(B) IN A CARELESS, RECKLESS, OR NEGLIGENT MANNER; (C) WHILE UNDER THE INFLUENCE
OF ALCOHOL AND/OR DRUGS; (D) IN VIOLATION OF THE SAFETY INSTRUCTIONS I/WE RECEIVED FROM CGCR, LLC; OR (E) IN VIOLATION OF THE RENTAL POLICY AND OPERATION PROCEDURES ATTACHED HERETO.
I/WE EXPRESSLY AGREE THAT CGCR, LLC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO ANY PERSONAL PROPERTY LEFT, STORED OR TRANSPORTED BY ME IN OR UPON THE GOLF CART.
THIS RENTAL AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE
PARTIES, AND ALL PREVIOUS DISCUSSIONS, UNDERSTANDINGS, REPRESENTATIONS, NEGOTIATIONS,
AND AGREEMENTS WITH RESPECT TO THE MATTERS INCLUDED IN THIS RENTAL AGREEMENT ARE
MERGED HEREIN. ADDITIONALLY, THE CONSIDERATION RECITED HEREIN IS THE FULL, COMPLETE AND ENTIRE CONSIDERATION FOR THIS RENTAL AGREEMENT AND THERE IS NO FURTHER CONSIDERATION TO BE PAID BY ANY PARTY TO ANY OTHER PARTY EXCEPT AS RECITED HEREIN.
IF ANY PROVISION OR PART OF THIS RENTAL AGREEMENT SHALL BE DETERMINED TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE RENTAL
AGREEMENT SHALL REMAIN VALID AND ENFORCEABLE BY ANY PARTY TO THIS RENTAL AGREEMENT.
THIS RENTAL AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE
OF ALABAMA AND VENUE IN BALDWIN COUNTY, ALABAMA. IN THE EVENT CGCR, LLC PREVAILS IN ANY
LITIGATION OR CLAIM RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED HEREIN, I AGREE TO PAY AND INDEMNIFY CGCR, LLC FOR ITS LITIGATION EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COURT COSTS.
I/WE EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS RENTAL AGREEMENT
I/WE HAVE FULLY INFORMED MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THIS RENTAL AGREEMENT, AND THAT I/WEHAVE RELIED SOLELY ON MY OWN JUDGMENT IN EXECUTING THIS RENTAL AGREEMENT.
I/WE HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE
PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE AND COVENANT NOT TO SUE, AND
INDEMNITY, AND I UNDERSTAND THAT I //WE ARE WAIVING SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE OF CGCR, LLC GOLF CART. I/WE ENTER INTO THIS RENTAL AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
CAUTION!!! READ THE ENTIRE THREE PAGES OF THIS RENTAL AGREEMENT BEFORE SIGNING. THIS RENTAL AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES ALL OF YOUR CLAIMS AGAINST COASTAL GOLF CART RENTAL, LLC. SIGNATURE BELOW INDICATES THAT YOU HAVE READ THIS ENTIRE RENTAL AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS.
​
COASTAL GOLF CART RENTAL, LLC
RENTAL POLICY & OPERATIONAL PROCEDURES
• COASTAL GOLF CART RENTAL, LLC (HEREINAFTER “CGCR, LLC”) MAY REFUSE, AT ITS SOLE DISCRETION, TO RENT TO PERSONS CGCR, LLC FEELS ARE NOT QUALIFIED TO OPERATE THE GOLF CART.
• RENTER IS RESPONSIBLE FOR ENTIRE GOLF CART RENTAL RATE ONCE A CREDIT CARD NUMBER IS RECEIVED REGARDLESS OF WHETHER YOU CANCEL OR LEAVE EARLY. DEPOSITS ARE REFUNDED
IF NOTICE IS RECEIVED 15 DAYS PRIOR TO SCHEDULED RENTAL PERIOD. COASTAL GOLF CART RENTAL, LLC IS NOT RESPONSIBLE FOR RENTER'S INABILITY TO ARRIVE OR IF RENTER CHOOSES TO DEPART EARLY FOR ANY REASON. AS A RESULT, NO REFUNDS WILL BE OFFERED.
• BEFORE LEAVING WITH THE RENTAL GOLF CART, YOU AND AN CGCR, LLC EMPLOYEE MUST INSPECT THE RENTAL GOLF CART TO IDENTIFY ANY PRE-EXISTING DAMAGE. UPON YOUR RETURN
OF THE RENTAL GOLF CART, YOU AND AN COASTAL GOLF CART RENTAL, LLC EMPLOYEE WILL REINSPECT THE RENTAL GOLF CART. YOU ARE FULLY RESPONSIBLE TO PAY FOR ANY DAMAGE (OR THE ESTIMATED AMOUNT THEREOF), AND ALL OTHER AMOUNTS DUE HEREUNDER.
• OPERATION OF THE GOLF CART IS NOT ALLOWED AFTER DARK OR ON ANY PUBLIC ROADS. THE LIABILITY INSURANCE OF CGCR, LLC SPECIFICALLY EXCLUDES LIABILITY COVERAGE ONE HALF HOUR PRIOR TO DUSK AND ONE-HALF HOUR AFTER DAWN.
• CART CHARGER NEEDS TO BE KEPT OUT OF THE WEATHER AND OFF OF THE BEACH AT ALL TIMES. IT IS RECOMMENDED THAT THE CHARGER BE LEFT AT THE RESIDENCE WHILE OPERATING CART.
• KEY MUST BE REMOVED FROM CART ANYTIME IT IS LEFT UNATTENDED.
• CHARGER IS “AUTOMATIC” AND WILL SHUT OFF AUTOMATICALLY WHEN CART IS FULLY CHARGED. INSERT LARGE END OF CHARGER PLUG INTO CART AT THE DRIVERS SIDE OF THE CART JUST BELOW
THE OPERATOR. PLUG WILL ONLY FIT ONE WAY. THE POWER CORD END REQUIRES 110V SERVICE ONLY WITH A RECOMMENDED 20 AMP CIRCUIT. IT IS YOUR RESPONSIBILITY TO ENSURE THAT RECEPTACLES WITH ADEQUATE POWER ARE AVAILABLE TO CHARGE THE CART.
• SOME OF OUR ELECTRIC CARTS ARE EQUIPPED WITH A BATTERY LIGHT INDICATING WHEN THE BATTERIES ARE GETTING LOW. WHEN THE LIGHT COMES ON, THE CART WILL NEED TO BE PLUGGED
INTO THE CHARGER. IT IS RECOMMENDED THE CART IS PLACED ON CHARGE ANYTIME NOT IN USE OR
AT A MINIMUM CHARGED EVERY NIGHT REGARDLESS OF THE BATTERY CONDITION. THIS WILL INSURE
YOU GET THE MOST OUT OF THE CART FOR THE DURATION OF YOUR RENTAL. KEEP IN MIND, ELECTRIC
CARTS CANNOT AND ARE NOT DESIGNED TO RUN CONTINUOUSLY WITHOUT CHARGING THE BATTERIES. RUN TIMES WILL DO VARY AND WILL BE SHORTENED IF CART IS DRIVEN IN LOOSE SAND OR WHEN CARRYING 4 PASSENGERS (4-SEATER) OR 6 PASSENGERS (6-SEATER).
• GOLF CART CAN NOT BE OPERATED BY ANYONE WHO HAS OR IS CONSUMING AN ALCOHOLIC BEVERAGE OR TAKING MIND ALTERING DRUGS.
• RENTER MUST BE A LICENSED DRIVER WITH INSURANCE COVERAGE.
• NO PETS ARE ALLOWED ON ANY OF THE RENTAL GOLF CARTS AT ANY TIME.
• A DRIVER 'S LICENSE AND CREDIT CARD IS REQUIRED TO RENT A GOLF CART.
• ALL RENTAL GOLF CART MUST BE RETURNED TO THE LOCATION FROM WHICH IT WAS RENTED OR AVAILABLE FOR PICK UP AT THE CONCLUSION OF THE RENTAL PERIOD.
• IF RENTER RENTS A GAS CART, THE CART MUST BE RETURNED WITH A FULL TANK OF GAS.
• PERSONAL GOLF CART (RENTER AND ALL OPERATORS MUST BE AT LEAST 21 YEARS OF AGE) MAX OCCUPANCY: (4) PASSENGERS WITH A WEIGHT LIMIT OF 600 LBS
• DO NOT DRIVE THE CART ON PUBLIC ROADS OR ANY BEACH AREA
• NO RACING OR CONTESTS ALLOWED
CAUTION!! PHYSICAL DAMAGES
BY MY SIGNATURE BELOW, I/WE AGREE THAT I/WE HAVE READ AND FULLY UNDERSTAND THIS
WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I/WE HAVE BEEN GIVEN AMPLE
TIME TO REVIEW THIS AGREEMENT AND ASK ANY QUESTIONS ASSOCIATED WITH THIS AGREEMENT. THE
UNDERSIGNED FURTHER ACKNOWLEDGE AND WARRANTS THAT HE/SHE IS FULLY AWARE THAT HE/SHE
IS WAIVING ANY RIGHT HE/SHE MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST THE
PARTIES RELEASED BY THIS AGREEMENT. FURTHER I/WE AGREE TO PAY FOR ANY AND ALL REPAIR
COSTS AND OTHER PHYSICAL DAMAGES THAT MAY OCCUR TO THE GOLF CART DURING MY RENTAL,
OPERATION OR OTHER USE FROM ANY CAUSE WHATSOEVER AS SPECIFICALLY SET FORTH IN EXHIBIT
"A" OF THIS RENTAL AGREEMENT.IN THE EVENT OF DAMAGES TO THE RENTAL GOLF CART, I/WE HEREBY AUTHORIZE COASTAL GOLF CART RENTAL, LLC TO CHARGE THE AMOUNT OF SUCH EXCESS DAMAGES TO MY CREDIT CARD LISTED ON PAGE 3 OF THE RENTAL AGREEMENT.
​
EXHIBIT "A"
I/WE HEREBY VOLUNTARILY AND OF MY OWN VOLITION GIVE COASTAL GOLF CART RENTAL, LLC THE
RIGHT TO IMMEDIATELY CHARGE MY CREDIT CARD IN THE EVENT THERE IS ANY DAMAGE TO, ACCIDENT
OR INCIDENT OF ANY KIND REGARDING THE RENTED GOLF CART DURING THE RENTAL PERIOD. THIS
INCLUDES DAMAGES DONE TO THE RENTAL GOLF CART OR EQUIPMENT AS A RESULT OF BUT NOT
LIMITED TO BEACHING, OFF-ROADING, RECKLESS OPERATION, NEGLIGENCE, EQUIPMENT LOSS, OR
VIOLATION OF THE RULES. I/WE UNDERSTAND THAT COASTAL GOLF CART RENTAL, LLC WILL CONDUCT
AN ESTIMATE FOR REPAIRS BY A LICENSED REPAIR COMPANY OF THEIR CHOOSING AND PROVIDE ME
WITH A COPY FOR REVIEW. I/WE FURTHER COVENANT AND AGREE NOT TO CHALLENGE THE CHARGE
ON MY CREDIT CARD WITH THE BANK OR FINANCIAL INSTITUTION ISSUING MY CARD. I/WE RECOGNIZE
THAT COASTAL GOLF CART RENTAL, LLC HAS A GOOD FAITH BASIS FOR REQUIRING THIS PROVISION AS IT IS THE ONLY WAY TO PROTECT THEM FROM ME CANCELING MY CREDIT CARD OR CHALLENGING THE CHARGES IN THE EVENT OF DAMAGES TO THE GOLF CART.
ALL DAMAGES DEEMED EXTREME BY COASTAL GOLF CART RENTAL, LLC ARE SUBJECT TO INVESTIGATION BY THE BALDWIN COUNTY SHERIFF DEPARTMENT.
SERVICE & DAMAGE ESTIMATE GUIDE
TOW SERVICE IS $100.00
MECHANICAL SERVICE IS CURRENT HOURLY RATE + PARTS (THIS INCLUDES MAKING TRIPS TO RETRIEVE CARTS)
FIBERGLASS DAMAGE (ESTIMATE REQUIRED)
SCRATCHES
STRUCTURAL HOLE THROUGH FIBERGLASS SUBSTRUCTURE
MECHANICAL DAMAGE (ESTIMATE REQUIRED)
DAMAGED MOTOR
DAMAGED BATTERIES
DAMAGE TO SUSPENSION
EXTERIOR DAMAGE (ESTIMATE REQUIRED)
DAMAGED SEATS/RAILS/ROOF
BROKEN WINDOW
DAMAGED STEERING
DAMAGED LIGHTS