Please Read Our Terms and Conditions

Discover Alameda Island Golf Carts, LLC
RENTAL, WAIVER AND RELEASE OF LIABILITY AGREEMENT
This Equipment Agreement, Waiver and Release of Liability for a golf cart (the “Golf Cart”) is made this day by and between Discover Alameda Island, LLC; (“Lessor”) and ________________________, (“Renter”). This Agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify Lessor, 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 Renter’s use of the Golf Cart, premises or facilities.

By signing this Agreement, Renter acknowledges he/she specifically understands Renter is releasing, discharging and waiving any claims or actions that Renter may have at the present time, or in the future, for negligent acts, omissions or other conduct by the owners, agents, officers or employees of Lessor.

Please initial each item and sign below to acknowledge acceptance of this Agreement. Renter hereby agrees to obey all state, federal and local regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating Golf Cart(s) from Lessor.

Renter represents that he/she is capable of safely operating and handling the Golf Cart(s) and finds it in good working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely operate the Golf Cart(s) rented from Lessor.

RECOGNITION OF RISK: Renter expressly acknowledges that use of Golf Cart(s) includes inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.

RELEASE OF LIABILITY: Renter hereby RELEASES Lessor, 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 said Golf Cart(s).

REPOSSESSION: Lessor may repossess the Golf Cart at your expense without notice to you if the vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify Lessor, defend Lessor, and hold Lessor harmless from all claims, liability, costs, and attorney fees Lessor incurs resulting from, or arising out of, this rental and your use of the Golf Cart.

PROHIBITED USES: The following uses of the vehicle are prohibited and constitute breaches of this Agreement. The Golf Cart shall not be used by anyone other than you. If you allow others to drive the Golf Cart, you will be held responsible for their driving. You will not operate the Golf Cart: (a) while under the influence of any drug or alcohol that may impair your ability to operate the Golf Cart safely; (b) if you obtained the Golf Cart by giving Lessor false, fraudulent or misleading information; (C) in furtherance of any illegal purpose or under any items or illegal material; (f) outside of the United States, Canada or the geographic area indicated elsewhere in this Agreement; (g) on unpaved surfaces; (h) or (i) after an accident with the Golf Cart unless and until you summon the police to accident scene.

INSURANCE: You are responsible for all damage or loss you cause to others. You agree to provide primary auto liability, collision and comprehensive insurance covering you, us and the vehicle. Coverage is void if you breach the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us or our insurer. You and we reject no-fault and uninsured or under-insured motorist coverage. Giving the Vehicle to an unauthorized driver terminates our liability insurance, if any. If a liability loss occurs, this agreement shall be construed according to the laws of the jurisdiction in which the loss occurred.

YOUR PROPERTY: You release us, our agents, and employees from all claims for loss, or damage to, your personal property, or that of any other person, that we by our negligence or was otherwise our responsibility.
ASSUMPTION OF RISK: I understand that the Golf Cart I am renting is a licensed vehicle under California DMV laws and that all state and local laws as to driving a motor vehicle must be always observed. I also understand that the Golf Cart does not have any of the common safety devices found on full size automobiles and that the lack of such safety devices may increase injuries or result in death in the event of an accident or collision. I fully accept the Golf Cart with full knowledge of the foregoing and waive any causes of actions or rights to recover damages based upon the omission of such safety devices, structural components, or methods of construction commonly found on or used in full size automobiles.

RETURN OF GOLF CART: I must return the Golf Cart to the agreed upon meeting point or other location specified by the Lessor, on the date and time specified in this Agreement, and in the same condition that I received it, except for ordinary wear. Renter shall return Golf Cart(s) in the condition in which it was received.

RESPONSIBILITY FOR GOLF CART DAMAGE OR LOSS: Except for ordinary wear, you are responsible for: (a) physical and mechanical damage to the Golf Cart resulting from collision up to fair market value of the Golf Cart as determined in the customary market for the sale of the Golf Cart, regardless of the cause of damage. You must report all accidents, theft and vandalism to Lessor and the police as soon as you discover them. Minimum charges for repairs, labor and cleaning will be applied in the Golf Cart(s) if require repair or excessive cleaning. Renter agrees to use the Golf Cart(s) for its designed purpose only.

TIMEOF RETURN: If the vehicle is returned after closing hours, Renter will remain responsible for the loss of, and any damage to, the Golf Cart until it is inspected upon our next opening for business. Service to the Golf Cart or replacement of parts or accessories during the rental must have our approval. Renter shall bear all risks and responsibility of and for any and all damage, loss or theft of the Golf Cart(s), including, but not limited to vandalism or theft, and shall pay the Lessor the full cost of repair or replacement. Renter shall further bear all risk and responsibility of and for any and all damages for negligent or reckless disregard for the property, health safety or lives of any Party while operating the Golf Cart(s).

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between Lessor and Renter regarding Rental of the Golf Cart and no term may be waived or modified (including provision against oral modification) except in writing signed by both Parties.

NO WARRANTIES: There are no warranties, expressed or implied, by Lessor to Renter, except as contained herein, and Lessor shall not be liable for any loss or injury to Renter nor to anyone else, of any kind or however caused. This Agreement is one of bailment only and Renter is not Lessor’s agent while using said Golf Cart.

APPLICABLE LAW: The laws and regulations of the State of California shall govern this Agreement. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using Golf Carts(s) rented from Lessor.