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EUFAULA RECREATION RENTALS

GOLF CART RENTAL AGREEMENT, LIABILITY WAIVER, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT

This document is intended for business review and attorney review before use.

This Golf Cart Rental Agreement, Liability Waiver, Assumption of Risk, and Indemnification Agreement (the "Agreement") is entered into by and between Eufaula Recreation Rentals and/or Lake Eufaula Retreats, including their owners, officers, members, managers, employees, agents, contractors, representatives, affiliates, insurers, successors, assigns, and property owners (collectively, the "Company"), and the undersigned renter ("Lessee" or "Renter").

By accepting rental, Lessee acknowledges that Lessee has read, understood, and voluntarily agreed to all terms and conditions contained in this Agreement. Lessee further understands that this Agreement affects Lessee's legal rights and may limit or waive claims Lessee could otherwise bring against Company.

DEFINITIONS

For purposes of this Agreement, "Golf Cart" includes the rented golf cart, charger, batteries, accessories, safety equipment, and all related equipment provided by Company. "Rental Period" means the period beginning when Lessee receives access to the Golf Cart and ending only when the Golf Cart is returned, inspected, and accepted by Company. "Claims" includes all claims, demands, losses, liabilities, injuries, damages, lawsuits, fines, penalties, costs, expenses, attorney fees, and causes of action of any kind.

AUTHORIZED DRIVERS AND ELIGIBILITY REQUIREMENTS

Lessee represents, warrants, and agrees as follows:

  • Lessee must be at least twenty-one (21) years of age to rent the Golf Cart.
  • All operators must be at least sixteen (16) years of age and must possess a valid driver license.
  • Learner permits, suspended licenses, expired licenses, restricted licenses that do not permit lawful operation, or false identification are strictly prohibited.
  • Lessee is responsible for verifying that every operator is legally licensed, competent, sober, and capable of safely operating the Golf Cart.
  • Lessee accepts full responsibility for all drivers, passengers, guests, invitees, minors, and any other person who uses, rides in, occupies, controls, touches, moves, damages, or otherwise interacts with the Golf Cart during the Rental Period.
  • Only authorized drivers approved by Lessee and meeting all requirements may operate the Golf Cart.

Lessee shall not permit operation by any intoxicated, impaired, unlicensed, reckless, unsafe, inexperienced, or otherwise unqualified individual.

CONDITION OF EQUIPMENT; INSPECTION AND ACCEPTANCE

Lessee acknowledges receipt of the Golf Cart in good working order and agrees that any visible damage, defect, or concern must be documented before use. Failure to document pre-existing damage before operation constitutes acceptance of the Golf Cart in its then-current condition.

Lessee agrees to immediately stop using the Golf Cart and notify Company if Lessee notices any unsafe condition, unusual noise, brake issue, steering issue, tire issue, battery issue, charging issue, lighting issue, or other mechanical concern.

Company may rely on photographs, videos, GPS records, inspection forms, repair estimates, receipts, electronic records, and staff observations to establish the condition of the Golf Cart before, during, and after the Rental Period.

ASSUMPTION OF RISK

Lessee understands and acknowledges that operation, use, occupancy, loading, unloading, charging, parking, and possession of a Golf Cart involve inherent, obvious, hidden, and unforeseeable risks. These risks include, but are not limited to:

  • collisions with vehicles, pedestrians, carts, structures, animals, trees, curbs, barriers, or other objects;
  • rollovers, tipping, sudden stops, sudden turns, loss of control, passenger ejection, falls, or being struck by the Golf Cart;
  • injury to drivers, passengers, pedestrians, guests, minors, third parties, or property owners;
  • uneven terrain, potholes, loose gravel, mud, slopes, docks, bridges, blind corners, narrow roads, driveways, parking areas, wet surfaces, and other roadway or property hazards;
  • weather, darkness, poor visibility, rain, storms, heat, flooding, lightning, wind, and changing outdoor conditions;
  • mechanical failure, brake failure, steering problems, tire failure, battery failure, electrical issues, charger malfunction, or equipment malfunction;
  • negligent, reckless, intentional, or criminal acts of Lessee, passengers, other drivers, pedestrians, guests, third parties, or unknown persons;
  • bodily injury, emotional distress, medical expenses, permanent disability, paralysis, disfigurement, property damage, financial loss, and death.

Lessee knowingly, voluntarily, and expressly assumes all risks associated with the Golf Cart, whether known or unknown, foreseeable or unforeseeable, and whether arising before, during, or after the Rental Period.

RELEASE OF LIABILITY AND WAIVER OF CLAIMS

To the fullest extent permitted by law, Lessee, on behalf of Lessee and Lessee's heirs, family members, spouse, children, passengers, guests, representatives, successors, assigns, insurers, and estate, hereby releases, waives, discharges, and covenants not to sue Company for any Claims arising out of or related to the Golf Cart, the Rental Period, Company property, rental services, maintenance, inspection, equipment condition, operation, passenger injury, third-party injury, property damage, emergency response, or any incident involving the Golf Cart.

This release includes Claims alleging ordinary negligence, premises liability, equipment malfunction, failure to warn, failure to supervise, failure to inspect, failure to maintain, negligent entrustment, negligent training, negligent instruction, or acts or omissions of third parties, to the maximum extent allowed by applicable law.

Nothing in this Agreement is intended to release any claim that cannot legally be released under applicable law. If any portion of this release is limited by law, it shall be enforced to the maximum extent permitted.

INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS

Lessee agrees to defend, indemnify, and hold harmless Company from and against any and all Claims arising out of or related to:

  • operation, use, possession, loading, unloading, parking, charging, towing, recovery, or return of the Golf Cart;
  • injury, death, or property damage involving Lessee, any driver, any passenger, any guest, any minor, any pedestrian, any third party, or any property owner;
  • Lessee's breach of this Agreement or violation of laws, ordinances, rules, resort rules, campground rules, HOA rules, property rules, or safety instructions;
  • intoxicated, impaired, reckless, distracted, underage, unlicensed, or unauthorized operation;
  • damage to the Golf Cart, damage to other vehicles or property, theft, vandalism, loss, missing equipment, citations, fines, penalties, towing, storage, recovery, collection, attorney fees, court costs, and administrative costs.

This indemnification obligation includes the duty to pay Company's attorney fees and defense costs and survives expiration, termination, cancellation, or completion of the rental.

PROHIBITED USES

The following uses and conduct are strictly prohibited:

  • Driving under the influence of alcohol, marijuana, illegal drugs, prescription medication that impairs driving, or any intoxicating or impairing substance.
  • Reckless driving, racing, speeding, drifting, donuts, horseplay, stunt driving, abrupt turns, abrupt braking, or unsafe operation.
  • Use on highways, major public roads, unapproved streets, restricted areas, private property without permission, or any area prohibited by Company, law, or property rules.
  • Off-road operation, mud riding, trail riding, driving through grass where prohibited, beaches, sand, water, flooded areas, ditches, fields, construction areas, or unimproved terrain unless expressly approved in writing by Company.
  • Towing, pushing, pulling, dragging, transporting cargo beyond capacity, or attaching anything to the Golf Cart.
  • Exceeding posted or manufacturer passenger limits, allowing passengers to stand, sit on laps, hang from the Golf Cart, ride on the rear platform improperly, or ride anywhere other than a designated seat.
  • Allowing minors, unlicensed persons, unauthorized persons, or anyone not meeting driver requirements to operate the Golf Cart.
  • Using a phone, texting, filming, livestreaming, or otherwise driving while distracted.
  • Tampering with the governor, speed controls, wiring, batteries, charger, GPS, tracking device, safety equipment, keys, decals, locks, brakes, steering, lights, or any equipment.
  • Attempting repairs, jump-starting, modifying, removing parts, installing accessories, or permitting any third party to service the Golf Cart without Company's written approval.
  • Smoking, vaping, transporting illegal substances, carrying firearms or weapons unlawfully, or using the Golf Cart for any unlawful purpose.
  • Continuing to operate the Golf Cart after noticing a mechanical problem, unsafe condition, warning sign, flat tire, low battery, damaged charger, or unusual sound.

Violation of any prohibited use may result in immediate termination of the rental without refund and may result in additional financial liability.

OPERATING RULES AND SAFETY REQUIREMENTS
  • All drivers must operate the Golf Cart safely, cautiously, and in accordance with applicable laws, posted signage, property rules, and Company instructions.
  • All passengers must remain fully seated while the Golf Cart is moving. No standing, hanging, leaning out, or riding in unsafe positions is permitted.
  • Seat belts must be worn if the Golf Cart is equipped with them.
  • Headlights and required lights must be used after sunset, during rain, during low visibility, and whenever required by law or Company.
  • Drivers must yield to pedestrians, vehicles, emergency vehicles, and other carts and must maintain a safe following distance.
  • The Golf Cart must be parked safely, secured when unattended, and kept away from water, slopes, drop-offs, fire pits, docks, pools, steep grades, and restricted areas.
  • Lessee is responsible for all citations, tickets, violations, tolls, towing fees, impound fees, recovery costs, and penalties incurred during the Rental Period.
DAMAGE AND FINANCIAL RESPONSIBILITY

Lessee is fully responsible for all loss, theft, damage, destruction, misuse, excessive wear, missing parts, missing accessories, and diminished value occurring during the Rental Period, regardless of fault, cause, or whether the damage was caused by Lessee, another driver, a passenger, a guest, a third party, weather, road conditions, vandalism, theft, unknown persons, or any other cause.

Damage responsibility includes, but is not limited to: collision damage, rollover damage, frame damage, roof damage, body damage, cosmetic damage, scratches, dents, broken panels, broken mirrors, broken lights, broken windshield, broken seats, and upholstery damage; tire damage, wheel damage, suspension damage, steering damage, brake damage, axle damage, motor damage, controller damage, wiring damage, and electrical damage; battery damage, charger damage, improper charging damage, deep discharge damage, water intrusion, flood damage, corrosion, fire damage, smoke damage, and overheating; lost charger, missing accessories, lost equipment, cleaning, odor removal, smoking remediation, pet-related cleaning, mud removal, stain removal, and trash removal; towing, recovery, storage, transportation, repair estimates, diagnostics, administrative time, collection costs, attorney fees, court costs, and loss of rental revenue while the Golf Cart is out of service.

Company may determine repair or replacement needs in its reasonable discretion using repair facilities, dealer estimates, internal labor rates, replacement value, market value, or other commercially reasonable evidence. Lessee agrees that Company may charge the payment method on file for all amounts due.

SECURITY DEPOSIT AND PAYMENT AUTHORIZATION

Lessee authorizes Company to place a pre-authorization hold, collect a security deposit, and charge any card or payment method on file for amounts owed under this Agreement. Unless otherwise stated in writing, the standard security deposit or pre-authorization amount is $200.00, subject to change by Company based on rental type, duration, location, or risk factors.

The deposit or payment method may be applied to damages, cleaning, missing items, late return, fuel or charging issues, towing, recovery, tickets, citations, unpaid rental charges, administrative fees, loss of use, attorney fees, collection costs, or other amounts due. Release of a pre-authorization hold may depend on the card issuer or payment processor and is not guaranteed within a specific time by Company.

FEE SCHEDULE
Item / ViolationMinimum Fee / Charge
Lost or damaged charger$150 minimum
Excessive cleaning / trash / mud removal$75 minimum
Smoking, vaping, odor, stain, or remediation cleaning$150 minimum
Late return$25 per hour minimum, plus any lost rental revenue
Unauthorized area / prohibited use violationActual damages plus administrative fees
Towing, recovery, storage, or impoundActual cost plus administrative fees
Damage repairActual repair cost, diagnostics, parts, labor, and loss of use
Total loss, theft, or unrecovered cartFull replacement value plus related costs

Company may charge actual costs exceeding the minimum fees listed above. Fees are not liquidated damages unless expressly stated and do not limit Company's right to recover the full amount of loss.

LOSS, THEFT, CONFISCATION, OR FAILURE TO RETURN

Lessee is fully responsible for theft, loss, confiscation, disappearance, abandonment, impound, or failure to return the Golf Cart. If the Golf Cart is not returned as required or is stolen, missing, destroyed, or unrecovered, Lessee shall pay the full replacement value of the Golf Cart and all related costs, including lost rental revenue, recovery, towing, storage, administrative fees, attorney fees, and collection costs.

CHARGING AND BATTERY REQUIREMENTS
  • Lessee shall keep the Golf Cart adequately charged and shall use only Company-provided charging equipment unless Company gives written authorization otherwise.
  • Lessee shall not use damaged outlets, extension cords not approved by Company, unsafe electrical sources, wet charging locations, or any charging setup that creates a risk of fire, shock, overheating, or damage.
  • Lessee shall not allow batteries to become deeply discharged or continue operating the Golf Cart after low battery warnings or obvious low-power conditions.
  • Battery damage, charger damage, electrical damage, fire damage, or related damage caused by improper charging, failure to charge, unauthorized charging, water exposure, or misuse is Lessee's responsibility.
RETURN OF EQUIPMENT AND LATE RETURN

Lessee shall return the Golf Cart by the scheduled return date and time, in the same condition as received, ordinary wear excepted. The Golf Cart is not considered returned until it is parked at the approved return location.

Late returns may result in hourly late fees, additional daily rental charges, lost rental revenue, recovery costs, repossession expenses, and other damages. Company may retrieve the Golf Cart without notice if it is not returned on time, is being misused, is located in an unauthorized area, or Company reasonably believes continued possession creates risk.

INSURANCE DISCLAIMER

Company does not provide liability, collision, comprehensive, medical payments, uninsured motorist, underinsured motorist, theft, personal property, or any other insurance coverage for Lessee, drivers, passengers, guests, third parties, or personal belongings.

Lessee understands that personal automobile, homeowner, renter, umbrella, travel, credit card, or other insurance may or may not cover Golf Cart rental incidents. Lessee is solely responsible for confirming coverage before rental and assumes all uninsured or underinsured risk.

ALL UNINSURED RISK IS ASSUMED BY LESSEE.

MEDICAL AND EMERGENCY DISCLAIMER

Lessee is solely responsible for all medical expenses, emergency transportation, rescue costs, ambulance charges, hospital charges, physician charges, rehabilitation costs, and related expenses arising from use of the Golf Cart. Company has no duty to provide medical assistance, rescue, transportation, supervision, security, or emergency response. Any voluntary assistance provided by Company or its personnel shall not create liability or a duty to continue providing assistance.

INCIDENT REPORTING AND DUTY TO COOPERATE

Lessee must immediately notify Company of any accident, injury, property damage, theft, vandalism, citation, mechanical issue, unsafe condition, missing equipment, or incident involving the Golf Cart. Lessee must cooperate with Company, law enforcement, insurers, repair vendors, and property owners in investigating and resolving any incident. Lessee shall not admit fault, settle claims, abandon the Golf Cart, or authorize repairs without Company's written approval.

CANCELLATION, REFUNDS, AND MECHANICAL FAILURE

All rentals are final once payment is made unless Company states otherwise in writing. No refunds shall be issued for weather, early return, personal scheduling conflicts, dissatisfaction unrelated to verified mechanical failure, operator error, failure to charge, battery depletion caused by use, restricted access caused by Lessee conduct, violation of rules, or termination for prohibited use.

If Company verifies a mechanical failure caused solely by Company equipment and not caused or contributed to by Lessee, drivers, passengers, guests, misuse, prohibited use, collision, water exposure, improper charging, or neglect, Company may, in its sole discretion, provide replacement equipment, a prorated refund, or rental credit. This remedy is Lessee's exclusive remedy for verified mechanical failure.

TERMINATION OF RENTAL

Company may terminate the rental immediately, without refund, if Company determines that Lessee or any driver, passenger, or guest has violated this Agreement, operated unsafely, provided false information, failed to pay amounts due, used the Golf Cart in a prohibited area, created risk to persons or property, or otherwise engaged in conduct Company deems unsafe or improper.

USE AREA AND RESTRICTED AREAS

Use of the Golf Cart is restricted to areas approved by Company and permitted by applicable law and property rules. Lessee is responsible for knowing and complying with all local ordinances, HOA rules, neighborhood rules, road restrictions, signage, and Company instructions. Use outside approved areas is prohibited and may result in immediate termination, recovery of the Golf Cart, and additional charges.

NO ALTERATIONS, TAMPERING, OR UNAUTHORIZED REPAIRS

Lessee shall not alter, repair, modify, disable, remove, tamper with, bypass, or interfere with any part of the Golf Cart, including batteries, charger, wiring, controller, speed governor, lights, brakes, steering, tires, safety devices, GPS/tracking devices, decals, serial numbers, or accessories. Unauthorized repairs or tampering may result in full repair or replacement liability and termination without refund.

GPS, TRACKING, PHOTO, VIDEO, AND DOCUMENTATION CONSENT

Lessee acknowledges and agrees that Company may use GPS, location tracking, photographs, videos, inspection records, electronic records, payment records, communications, and other documentation for safety, recovery, billing, damage assessment, dispute resolution, insurance, and legal purposes. Lessee consents to Company's use of such documentation to determine damages, location, use, return status, violations, and amounts owed.

PASSENGERS, MINORS, AND GUESTS

Lessee is solely responsible for all passengers, minors, guests, invitees, and any other persons who ride in or interact with the Golf Cart. Lessee agrees to explain all safety rules and risks to passengers and to ensure that all passengers comply with this Agreement. Lessee accepts responsibility for passenger injuries, passenger conduct, damage caused by passengers, and claims brought by or on behalf of passengers, minors, guests, or third parties.

PERSONAL PROPERTY

Company is not responsible for lost, stolen, damaged, or forgotten personal property. Lessee is solely responsible for securing personal belongings during and after the Rental Period.

COLLECTION COSTS AND ATTORNEY FEES

If Company must collect unpaid amounts or enforce this Agreement, Lessee agrees to pay all collection costs, attorney fees, court costs, administrative costs, interest, payment processing fees, and related expenses to the fullest extent permitted by law.

GOVERNING LAW, VENUE, AND JURY TRIAL WAIVER

This Agreement shall be governed by the laws of the State of Oklahoma, without regard to conflict-of-law rules. Any dispute arising out of or related to this Agreement, the Golf Cart, the Rental Period, or any related incident shall be brought exclusively in the state or federal courts serving McIntosh County, Oklahoma, unless a different venue is required by law. Lessee consents to personal jurisdiction and venue in such courts and waives objection to inconvenient forum.

To the extent permitted by law, Lessee and Company knowingly and voluntarily waive the right to trial by jury in any dispute arising out of or related to this Agreement.

SEVERABILITY

If any provision of this Agreement is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be modified and enforced to the maximum extent permitted by law.

ENTIRE AGREEMENT; NO ORAL MODIFICATIONS

This Agreement constitutes the entire agreement between the parties regarding the Golf Cart rental and supersedes all prior or contemporaneous discussions, advertisements, representations, understandings, messages, or agreements. No oral statement modifies this Agreement. Any modification must be in writing and signed or electronically accepted by Company.

ELECTRONIC SIGNATURES AND DIGITAL ACCEPTANCE

Electronic signatures, digital initials, scanned signatures, checkbox acceptance, online booking acceptance, emailed acceptance, text-message acceptance, and other electronic records shall have the same legal force and effect as original handwritten signatures to the fullest extent permitted by law.

31. HIGH-RISK TERMS ACKNOWLEDGMENT

Lessee acknowledges the following high-risk terms:

High-Risk Term
I assume all risks of injury, death, and property damage.
I release Company from claims to the fullest extent permitted by law.
I agree to defend and indemnify Company against claims.
Company does not provide insurance coverage for me or others.
I am responsible for all damage, theft, loss, towing, and loss of use.
I am responsible for all drivers, passengers, guests, and minors.
I understand prohibited uses may terminate the rental without refund.

FINAL ACKNOWLEDGMENT

LESSEE ACKNOWLEDGES THAT LESSEE HAS READ THIS AGREEMENT IN FULL, UNDERSTANDS ALL TERMS, UNDERSTANDS THIS IS A LEGALLY BINDING CONTRACT, HAS HAD THE OPPORTUNITY TO ASK QUESTIONS, AND VOLUNTARILY AGREES TO ALL CONDITIONS.