The Groovy Golf Cart
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by The Lawrence Family, or the employees, reps, or agents of Sea Chores & More, LLC Family.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity, and I assume full responsibility for personal injury to myself and others (if applicable), my family members, and further release and Discharge SeaChores & More, LLC for injury, loss or damage arising out of my or my family's use of the golf cart upon the facilities of SeaChores & More, LLC, whether caused by the fault of myself, my family, SeaChores & More, LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend SeaChores & More, against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of SeaChores & More, LLC.
4. FEES. I agree to pay for all damage and towing if taken off the property caused by any negligent, reckless, or willful actions by my family or me.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement, and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that SeaChores & More has offered to refund any fees I have paid to use its golf cart if I choose not to sign this Agreement.
7. ARM'S-LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation that would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this
Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
GOLF CART USE RULES TO BE FOLLOWED:
Drivers must be at least 16 years old AND licensed (proof required while driving).
Anyone driving the golf cart shall observe all traffic laws and operate at a safe speed within the resort. The number of passengers is limited to the seating available – ours is 6.
Drivers are not allowed to carry passengers on the front or sides of the vehicle. NO LAP drivers are allowed.
The cart will ONLY be driven inside the gated roads of Gulf Highland Beach Resort.
The cart will need to be parked in front of your unit, NOT on the grass, sidewalk, or rear patio. You may use other short-term designated parking areas in accordance with the parking rules.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Breaking any of these rules, I understand that Gulf Highlands Property Patrol will issue a fine that I will be held responsible for.
In addition, my reservation of the golf cart can be canceled without a refund if any violation of the rules occurs.