TEST-GOLF CART USE AGREEMENT
Please read this short agreement carefully and click “I Agree” after each section. Seascape Resort values the safety of its guests, its staff, and our local community. Poor or negligent use of a Golf Cart can lead to serious injury or death to you and those around you, as well as civil or criminal legal action against you. By signing this agreement, you are legally required to always operate your Golf Cart responsibly according to the terms of the agreement.
This Golf Cart Use Agreement (“Agreement”) is made on by and between GCP 2023, LLC (“we” or “us”) and the undersigned (“you” or "your").
1. Use. You have elected to contract with us for use of one -seat gas golf cart (the "Golf Cart"), subject in every respect to each of the terms and conditions of this Agreement, from PICKUP to Dropoff . We reserve the right to withhold, suspend or terminate this Agreement and your use of the Golf Cart if you violate any of the terms or conditions of this Agreement or applicable law, or if we reasonably determine, in our sole discretion, that such action is necessary in order to prevent misuse of or damage to the Golf Cart. Notwithstanding the terms of this Agreement, you agree to surrender the Golf Cart to us promptly upon completion or termination of your stay at Seascape Resort.
2. Fees. You will pay , plus all applicable taxes (calculated on our website) before you pick up your Golf Cart. You will not receive any credit if you return the Golf Cart early. If you cancel your reservation more than fourteen (14) days in advance of Pickup , or if you fail to return the Golf Cart as and when required by this Agreement, you will be charged a fee for a cancellation or late return. We reserve the right to charge the card you put on file with us for any fees (including but not limited to cancellation fees, late return fees, refueling fees) and any parking, traffic, or other violations that are assessed against the Golf Cart or any operator of the Golf Cart during your Use period.
3. Delivery and Return. We will make the Golf Cart available for your pick up between 2:00 PM and 5:30 PM on Pickup , or after 8:30 AM on the following business day. The Golf Cart may be picked up at The Seascape Golf Shop, which is located within the Seascape Resort, just south of the Seascape Town Center, during normal Golf Shop operating hours. The Golf Shop is typically open between 8:00 AM and 5:30 PM, Saturday-Sunday, but those days and hours are subject to change without notification. You will return the Golf Cart to us at the Golf Shop no later than 11:45 AM on Dropoff (or by such earlier date and time as we may designate at the time of pickup or if we elect to terminate this Agreement). The Golf Cart must be returned in the same condition as you received it, except for ordinary wear, with the same gasoline level as you received it. Any deficiency in gas level may result in additional charges to you for refueling..
4. Security Deposit. In addition to the fees and taxes you must pay under Sections 2 and 3 above, we reserve the right to require a security deposit at the time you pick the Golf Cart up from us. The security deposit will not be liquidated damages, and it will not prevent us from seeking any damages available to us under this Agreement, at law or equity.
5. Responsibility for Lost or Damaged Equipment. You agree to safeguard and carefully handle your Golf Cart keys and any other equipment that accompanies the Golf Cart during your Use period. If you either fail to return these items, or return them to us with enough physical damage that they need to be replaced (in our sole discretion), a replacement fee will be charged to the card you put on file with us.
6. Maintenance. Only we may perform repairs or mechanical maintenance on the Golf Cart. If you encounter any mechanical issues with your Golf Cart, you may not try to fix them yourself. Instead, if you experience service issues or the Golf Cart needs repairs or maintenance, please contact the Golf Shop.
7. Authorized Drivers Only. Other than you, only “Authorized Drivers” may operate the Golf Cart. Another individual can become an Authorized Driver only by (i) being listed on this Agreement (on the signature page), and (ii) being in compliance with all the driver requirements in this Agreement, including those in Sections 8-14 below.
8. Safe/Legal Operation of the Golf Cart. You agree that both you and any other Authorized Driver operating of the Golf Cart will:a. operate the Golf Cart only in compliance with the terms of this Agreement;b. operate the Golf Cart properly and safely;c. operate the Golf Cart only at safe speeds and never at speeds exceeding posted speed limits;d. not operate the Golf Cart on or across Emerald Coast Parkway (U.S. Highway 98);e. not operate the Golf Cart under the influence of drugs or alcoholf. not operate the Golf Cart after dusk unless the Golf Cart headlights and tail lights are illuminated.g. not operate the Golf Cart unless and until all passengers are properly buckled.
9. Only Licensed Drivers over Age 21. The Golf Cart may only be operated by you and other Authorized Drivers over the age of 21 who have a valid, unexpired, unrestricted driver's license issued in the United States.
10. Maximum Occupancy and Weight Limit. The Golf Cart may not be in motion with more than passengers, including the driver, and the total combined weight of passengers may not exceed . You agree to calculate the total weight of the passengers where it is reasonably close to the weight limit, and you will be in violation of this Agreement if the weight of the occupants exceeds the weight limit at any time.
11. Safety around Water. The Golf Cart may not be operated on beaches or within 30 feet of any body of water (except in areas designated and/or designed for use by Golf Carts) under any circumstances. Should the Golf Cart enter a body of water or surf during the Use period, we will consider the Golf Cart to be a total loss, and you will be liable for the full purchase price of a new replacement Golf Cart.
12. Personal Auto Insurance Required. The Golf Cart may only be operated by individuals who are insured under valid, active automobile liability insurance policies. We may, but shall not be obligated to, ask you to provide proof of insurance satisfactory to us in our sole discretion (at the time you pick up the Golf Cart or otherwise) and you agree to provide us with proof of insurance at any time we request it.
13. Compliance with Laws. When operating the Golf Cart, you and all other Authorized Drivers and passengers must obey all applicable U.S., Florida, Okaloosa County, Walton County, City of Destin, and other ordinances, rules and regulations ("Applicable Laws"). You acknowledge and agree that it is your responsibility and that of each Authorized Driver to know, understand and comply with all Applicable Laws and you agree to be solely responsible for and to protect us from fines, fees, costs, damages and expenses resulting from violations of Applicable Laws by you or any driver of the Golf Cart during the Use period.
14. Assumption of Risk; Indemnity and Release. YOU ACCEPT ALL RISKS ASSOCIATED WITH THE USE AND OPERATION OF THE GOLF CART AND YOU AGREE TO FOREVER RELEASE US AND TO INDEMNIFY, PROTECT, DEFEND AND HOLD US HARMLESS (ALONG WITH ALL OF OUR OWNERS, AFFILIATES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS ANDEMPLOYEES) AGAINST AND FROM ALL CLAIMS, SUITS, LOSSES, DAMAGES, COSTS, EXPENSES AND LIABILITY OF ANY KIND OR CHARACTER, INCLUDING THOSE RELATED TO THE INJURY OF ANY PERSON OR DAMAGE TO ANY PROPERTY, INCURRED OR ARISING IN ANY WAY IN CONNECTION WITH THE USE OR MISUSE OF THE GOLF CART DURING THE USE PERIOD OR YOUR FAILURE TO COMPLY WITH THIS AGREEMENT. THIS AGREEMENT IS CONTROLLED BY THE LAWS OF THE STATE OF FLORIDA. ANY LITIGATION CONCERNING ANY ASPECT OF THIS AGREEMENT SHALL TAKE PLACE IN WALTON COUNTY, FLORIDA.
December 3, 2023
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Document Name: TEST-GOLF CART USE AGREEMENT
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