NOTICE: BY SIGNING THIS AGREEEMENT, I MAY BE WAIVING CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE.
OBX Golf Cart Solutions, LLC herein called Lessor, and the undersigned, herein called, participant and the participants parent(s) or legal guardian(s). This agreement constitutes a Waiver and Release of Liability, whereby the participant and the participants parent(s) or legal guardian(s) agrees to release, discharge, hold harmless, defend and indemnify OBX Golf Cart Solutions, LLC its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of participant’s and the participants parent(s) or legal guardian(s) use of OBX Golf Cart Solutions, LLC’s equipment. By signing this document, participant and the participants parent(s) or legal guardian(s), acknowledges he/she specifically understands he/she (participant and the participants parent(s) or legal guardian(s)) are releasing, discharging and waiving any claims or actions that I may have the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or of OBX Golf Cart Solutions, LLC.
Participant and the participants parent(s) or legal guardian(s) shall obey all state, federal and local regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating a golf cart or other equipment from OBX Golf Cart Solutions, LLC. Participant and the participants parent(s) or legal guardian(s) is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental equipment from OBX Golf Cart Solutions, LLC.
Participant and the participants parent(s) or legal guardian(s) represents that he/she is capable of safely operating and handling the equipment and finds it in good working order, condition and repair. Participant and the participants parent(s) or legal guardian(s) represents that he/she has adequate skills; knowledge and experience to safely complete the planned activity. Information to safely operate the golf cart and all equipment is available at any time from 252-423-8321.
Participant and the participants parent(s) or legal guardian(s) shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (OBX Golf Cart Solutions, LLC) the full cost of repair or replacement.
RECOGNITION OF RISK: Participant and the participants parent(s) or legal guardian(s) expressly acknowledges that all equipment rentals are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Participant and the participants parent(s) or legal guardian(s) alone has determined the sufficiency of any safety gear or other precautions that Participant and the participants parent(s) or legal guardian(s) decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. Participant and the participants parent(s) or legal guardian(s) EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
RELEASE OF LIABILITY: Participant and the participants parent(s) or legal guardian(s) hereby RELEASES Lessor (OBX Golf Cart Solutions, LLC), its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property occurring as a result of the rental or use of OBX Golf Cart Solutions, LLC, golf cart rentals.
To the extent that any portion of the Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Lessor (OBX Golf Cart Solutions, LLC) and its counsel in any proceeding.
If I have any questions or concerns about operation of the golf cart (or rental its safety or mechanical condition, I agree to promptly notify OBX Golf Cart Solutions, LLC at the following number: 252-423-8321. I agree to examine and inspect the safety and mechanical conditions of the golf cart before each use and will promptly report any concerns or problems before driving the vehicle.
I acknowledge and agree that only persons who are twenty one (18) years or older and possess a valid drivers license shall be permitted to drive the golf cart. Approved operators of the golf cart will be detailed in this document. I further agree that the maximum occupancy of the golf cart will be observed and obeyed, including children.
I understand and agree that the golf cart may not be operated on the beach, other off road use, or used recklessly, and that I am solely responsible for the costs of all repairs caused by breach of this condition. Should the golf cart become inoperable through no fault of mine, OBX Golf Cart Solutions, LLC will take reasonable steps to have the vehicle repaired and if unable to do so, will provide a replacement vehicle or issue a refund towards the unused rent agreement at the sole discretion of OBX Golf Cart Solutions, LLC.
I acknowledge and agree that all state and local laws will be observed while using the golf cart. Open alcoholic containers in the golf cart and operating the golf cart while intoxicated are unlawful. Golf cart must be parked in a legal parking space and may not be driven on bike paths or walking trails. All citations and fines associate with the use of the golf cart are the responsibility of the Renter.
In the event that I violate any of the conditions referenced above, I understand and agree that further use of the golf cart may be revoked immediately and without notice and that OBX Golf Cart Solutions, LLC may repossess the golf cart in their sole discretion. In such case, I understand that I shall not be entitled to any rent refund or deposit refund resulting from this revocation of privilege.
By signing below you have forever released OBX Golf Cart Solutions, LLC from any claims resulting for you, your spouse, your children/ward and other party included in this release. You acknowledge that a Court may not entertain any action against OBX Golf Cart Solutions as this is a permanent release and you have assumed all risk of damage, loss, personal injury or death and are indemnifying and holding OBX Golf Cart Solutions, LLC harmless.
Refunds (as per our cancelation policy) are issued within 30 days to customers. An email confirmation will confirm your refund; please remember debit (and some credit cards) post with a delay, as per customers’ bank policies.
By checking the box you agree to OBX Golf Cart Solutions, LLC terms/conditions and rental policies, available for review on our website at:
https://golfcartrentalsobx.com/terms-conditions/
- Weekly rental orders cancelled 8 or more days before rental start date (for any reason) will be given a 100% refund, minus a $15 processing fee.
- Weekly rental orders cancelled (for any reason) within 7 days before rental start date, will be given a 50% refund.
- No refunds will be issued due to inclement weather.
- No store credits or gift cards will be issued in place of refunds.
- If rental item(s) has been delivered to customer , no refunds will be given. We will gladly trade for other equipment.
- After delivery has occurred, delivery fees are not refundable under any circumstances.
I HAVE READ AND UNDERSTAND THIS AGREEMENT.