GOLF CART RENTAL AGREEMENT & WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
“Membership Golf Cart Rental Agreement”
Rules and Regulations
- All cart operators MUST have a valid driver’s license and proof of insurance. This is a Bass Rocks Golf Club policy.
- Vehicles shall not be operated in a manner that may endanger passengers or other individuals (e.g, pedestrians) or harm property.
- Shall obey all signs and warnings on the golf course directing operations of the golf cart whether posted by signs or by verbal instruction given by club officials.
- Abide by the pace of play policy set forth by Bass Rocks Golf Club.
- No more than 2 persons and 2 golf bags shall be in the cart at any one time.
- Persons are not permitted to ride on the back of a golf cart for any reason.
- Observe all traffic rules. Carts may not be used on public roads.
- Park the golf cart on a level and steady ground.
- Please do not remove the golf cart from the property. GPS system will turn off.
- Note that the cart has a forward, reverse, and neutral gears. When in reverse, you should hear a backing horn (buzzing sound).
- Please contact our GM with any questions about the operation of the golf cart.
- There will be a monetary charge for a missing key that is not returned to club.
- All carts will be returned immediately following completely of play of the course, but in no event later than 20 minutes prior to sunset.
Lease Agreement
The lessee agrees to abide by all the above Rules and Regulations. The cart is leased by Bass Rocks Golf Club to the Lessee for the number of holes of play on the date requested. If Lessee retains the said property after expiration thereof, such retention shall be construed as additional rental, and under the same terms and conditions as originally contained in the agreement. Lessee represents that he/she is familiar with the use and operations of said property. Lessee agrees to keep said property in Lessee’s custody and not to sublease.
Lessee agrees to keep said property in the same condition as when received. It is expressly understood and agreed that no right of action whatsoever shall accrue to the Lessee for damages of any kind whatsoever, whether to person and/or property, and/or for loss of time and/or loss of damage, arising from the use of, operation of, or in any way connected with the said property of any part thereof, from whatever cause arising. Lessee agrees to hold all parties free and harmless from all such damages.
Lessee expressly acknowledges personal liability to pay Lessor costs to repair all damages to said property and Lessor’s cost including attorney fees incurred in collection of payments due from Lessee hereunder. The full agreement between Lessor and Leesee is contained herein, and time is made of the essence in this agreement. The receipt of all described property, in good order and repair is hereby acknowledged by Lessee.
WAIVER OF LIABLITY, ASSUMPTION OF RISK & INDEMNITY AGREMENT “Golf Cart Waiver”
I the renter, agree that in consideration of being permitted to use Bass Rocks Golf Club golf carts located at 34 Beach Road do hereby release, waive, discharge and covenant not to sue Owner, its members, officers, or employees from any and all claims, including the negligence of Owner, resulting in personal injury, accidents or illnesses, including death and property loss arising from use of the cart.
Assumption of Risks: Use and control of a golf cart, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, from one location to another, from one individual to another, but the risks of driving, riding or using a golf cart range from minor injuries to major and catastrophic injuries including paralysis and death. I understand and agree that it is my responsibility to assess the hazards presented by my use of said cart and further agree that I am the ultimate judge as to whether I can use the cart without risk or harm to myself and others.
Indemnification and Hold Harmless: I also agree to DEFEND, INDEMNIFY AND HOLD HARMLESS the Owner (Bass Rocks Golf Club), its members, officers, and employees against any and all claims, demands, actions or causes of actions, for costs, attorney’s fees, expense or damages to personal property, or personal injury, or death, which may result from any use of the cart.
Severability: The undersigned further expressly agrees that the forgoing waiver and assumption of risk is intended to be as broad and inclusive as is permitted by the law of the State of Massachusetts and that if any portion thereof is held invalid, it is agreed that the balance of the agreement shall remain in full legal force and effect.
User: I understand and agree that only adults twenty-one (21) years of age or older that sign this agreement and hold a valid state Driver’s License shall be allowed to operate the cart. Furthermore, I understand that I must observe all state and local traffic laws.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue the Owner, its members, officers, employees, and agents. I also understand that this agreement binds my heirs, executors, personal representatives, attorneys-of-law, attorneys-in-fact, administrators, and assigns, as well as myself. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature that this is to be complete and unconditional release of all liability to the greatest extent allowed by law. I hereby assert that my use of said cart is voluntary and that I knowingly assume all such risks incident to using said cart. I agree to conduct myself in a professional manner and use care at all times while on the golf course. I understand that any misbehavior could result in fines prosecution or removal from the property.
FURTHERMORE, I REPRESENT THAT I AM FAMILIAR WITH THE OPERATION AND USE OF SUCH GOLF CART, THAT I HAVE READ THE RULES AND INSTRUCTIONS CONTAINED HEREIN, AND THAT I AM CAPABE OF OPERATING THE GOLF CART SAFELY AND IN ACCORDANCE WITH SAID RULES AND INSTRUCTIONS.