ACKNOWLEDGMENTS, ASSUMPTION OF RISKS, AND RELEASE
PassPort Cruisers, LLC (“Rental Company”) has agreed to rent to me and/or has agreed to permit me to operate or ride on a golf cart owned by Rental Company (the “Golf Cart”).
In consideration of Rental Company’s rental of the Golf Cart to me:
- If I am the operator of the Golf Cart, I represent and warrant that I: (i) am at least 21 years of age and in sound medical condition; (ii) understand that unique risks are involved in operating the Golf Cart; (iii) have reviewed the Golf Cart specifications provided by the Rental Company; (iv) have been fully trained in the operation of the Golf Cart and possess the skill, knowledge, confidence, and experience so as to be able to operate the Golf Cart in a safe manner; (v) possess a valid driver’s license in the state or country of my permanent residence that qualifies me to operate a Golf Cart; (vi) am not under the influence of alcohol, drugs, illegal substances, medications, controlled substances or any prescription or non-prescription drug (collectively, “Prohibited Substances”) which could impair my judgment or ability to operate or ride on the Golf Cart; (vii) will not operate, ride on, or permit any other person to ride on the Golf Cart while under the influence of Prohibited Substances; and (viii) will comply with all laws applicable to my use of the Golf Cart, including laws regulating driving on beaches and public roads, and other rules of the road.
- I have examined the Golf Cart and have been given an opportunity to ask questions regarding the operation of or riding on the Golf Cart. I am satisfied that the Golf Cart is in good operable condition and that I fully understand how to operate or ride on the Golf Cart.
- I will not allow any other person to operate the Golf Cart for any reason, unless he/she is specifically permitted to do so by Rental Company and is at least age 21. I will not permit any person to ride on the Golf Cart in any position other than seated on a seat designed for passenger use. I agree to operate or ride on the Golf Cart safely and within the limits of the law and my abilities.
- I acknowledge and agree that operation or riding on a Golf Cart is an activity which has substantial risks and that serious injury or death could result from operating or riding on the Golf Cart through no fault of my own. I KNOWINGLY, VOLUNTARILY, AND EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS OR PERSONAL INJURY, INCLUDING DEATH, WHICH I MIGHT SUFFER AS A RESULT OF MY OPERATING OR RIDING ON THE GOLF CART.
- To the fullest extent permitted by law, by electronically accepting this Agreement, I, on my behalf and on behalf of my heirs, personal representatives, successors and assigns (collectively “Heirs and Assigns”), in consideration of the rental of a Golf Cart from and/or the permission to operate or ride a Golf Cart owned by Rental Company, WAIVE, RELEASE AND DISCHARGE the Rental Company, its parents, affiliates, subsidiaries, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from ANY AND ALL CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION (“CLAIMS”) OF ANY KIND WHATSOEVER WHICH I OR ANY OF MY HEIRS AND ASSIGNS NOW HAVE OR LATER MAY HAVE AGAINST ANY RELEASED PARTY RESULTING FROM OR ARISING OUT OF MY RENTAL, OPERATION, OR RIDING ON THE GOLF CART OR ANY USE BY ANY PERSON OF THE GOLF CART OR THE RENTAL FACILITY, REGARDLESS OF WHETHER SUCH CLAIMS RELATE TO THE DESIGN, MANUFACTURE, REPAIR, OPERATION OR MAINTENANCE OF THE GOLF CART, THE CONDITIONS UNDER WHICH THE GOLF CART IS USED, OR THE NEGLIGENCE OF ANY RELEASED PARTY.
- I acknowledge and understand that, to the fullest extent permitted by law, this Release EXTENDS TO AND RELEASES AND DISCHARGES ANY AND ALL CLAIMS I or any of my Heirs and Assigns have or may have against the Released Parties arising out of my rental or any use by any person of the Golf Cart, including all such Claims resulting from the NEGLIGENCE of any Released Party or arising from STRICT PRODUCT LIABILITY or resulting from any BREACH OF ANY EXPRESS OR IMPLIED WARRANTY by any Released Party, and whether such Claims now exist or hereafter arise or are known or unknown, contingent or absolute, liquidated or unliquidated or foreseen or unforeseen or arise by operation of law or otherwise.
- I acknowledge that I have been advised of and agree to waive on my behalf and on behalf of my Heirs and Assignees all benefits flowing from any law that would otherwise limit the scope of this Release, including California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” I fully understand the effect of such waiver.
- I agree to indemnify, defend, and hold harmless the Released Parties, from all claims, demands, actions, causes of action, including attorney’s fees, expenses and costs of suit, which may arise out of or are related to the use, riding on, or operation of the Vehicle to the fullest extent of the law. This indemnification shall be binding upon me, and my Heirs and Assignees.
- I acknowledge and understand that by signing this Release I and my Heirs and Assigns AGREE NOT TO SUE any or all of the Released Parties for any injury or death to myself, my property, any other person or such person’s property resulting from or arising out of my rental or any use by any person of the Golf Cart.
- To the extent that the scope of this Release is unenforceable in any jurisdiction, such scope will, as to such jurisdiction only, be automatically limited to the extent necessary to make this Release enforceable in such jurisdiction, without invalidating any other portion of this Release.
I acknowledge that: (1) I have had sufficient opportunity to read this entire Assumption of Risk and Release; (2) by electronically accepting this Addendum I am giving up substantial rights; (3) I have accepted it freely and without inducement or assurance of any nature; and (4) I agree to be bound by its terms.
By clicking the acknowledgment button on the prior page and proceeding this Acknowledgement, Assumption of Risks, And Release, I am providing my electronic signature, which I acknowledge has the same legal effect as a handwritten signature
PARENTAL/GUARDIAN CONSENT
IF ELECTRONICALLY ACCEPTING THIS ASSUMPTION OF RISK AND RELEASE ON BEHALF OF AN UNDERAGE OPERATOR OR GUEST, PREVIOUSLY IDENTIFIED BY ME ON THE RESERVATION WEBSITE, I AGREE TO THE ABOVE TERMS AND CONDITIONS AND WARRANT THAT I AM THE PARENT OR LEGAL GUARDIAN OF EACH SUCH UNDERAGE OPERATOR OR GUEST AND THAT I AM VOLUNTARILY PROVIDING MY ELECTRONIC SIGNATURE WITH THE FULL UNDERSTANDING THAT SUBSTANTIAL RIGHTS ARE BEING GIVEN UP ON BEHALF OF MYSELF AND EACH UNDERAGE PARTICPANT.
By clicking the acknowledgment button on the prior page and proceeding to this Assumption of Risk and Release, I confirm and represent that I am the parent or legal guardian of each and every underage participant previously identified on this website, that all such identifications are true, complete, and accurate, and that no underage participant has been omitted. I further acknowledge and agree that my electronic acknowledgment is legally binding and has the same legal effect as a handwritten signature.