GOLF CART USE AGREEMENT — PARTNER VENUES
Wild Ranch Cart Rentals, LLC
Parker, Colorado | (720) 807-1921 | chad@wildranchcartrentals.com | www.wildranchcartrentals.com
This Golf Cart Use Agreement ("Agreement") is entered into between Wild Ranch Cart Rentals, LLC ("Company") and the person completing this sign-up ("Renter"). It covers every golf cart provided under this sign-up at the venue and event shown on this page (the "Venue").
1. USE OF THE CART
The Company provides golf cart(s) for Renter's use at the Venue for the session(s) purchased. Carts may only be used on Venue property during the purchased session(s) and must be returned to Venue or Company staff, or to the designated cart area, when the session ends. Renter is responsible for every cart and every driver and passenger covered by this sign-up.
2. ELIGIBILITY AND AUTHORIZED DRIVERS
Renter must be at least 18 years of age. The cart may only be driven by Renter or another person who is at least 18 years of age and holds a valid driver's license. Renter must make sure every driver and passenger is aware of and follows this Agreement.
3. VENUE RULES
Renter agrees to follow all rules, policies, and posted signs of the Venue, and all verbal or written instructions from Venue staff, safety officers, or Company staff. This includes, but is not limited to, designated driving paths and parking areas, areas closed to vehicles, posted speed limits, and any safety rules specific to the Venue's activities. Violating Venue rules is a breach of this Agreement, and the Company or the Venue may end Renter's cart use immediately without refund. Renter is responsible for any fines, penalties, or charges the Venue assesses because of Renter's or Renter's group's conduct.
4. PROHIBITED USE
The following are strictly prohibited: (a) driving under the influence of alcohol, drugs, or any substance that impairs driving ability; (b) allowing anyone under 18 years of age, or anyone without a valid driver's license, to drive; (c) carrying more passengers than the cart has seats; (d) racing, stunt driving, or reckless driving; (e) driving off designated paths or into areas closed to vehicles; (f) driving onto public roads; (g) towing or pushing any vehicle or object; and (h) modifying or tampering with the cart in any way.
5. DAMAGE AND RESPONSIBILITY
Renter must look over the cart before driving it and report any existing damage to Company or Venue staff before use. RENTER IS RESPONSIBLE FOR ANY DAMAGE TO THE CART THAT OCCURS DURING RENTER'S USE, including but not limited to collision damage, rollovers, damage from misuse, negligence, or prohibited use, and loss of or damage to keys or accessories. Damage will be charged at the actual cost of repair or, if the cart is a total loss, its fair market replacement value. Renter is also responsible for any injury to persons or damage to property caused by the use of the cart by Renter or anyone Renter allows to drive or ride in it. Renter agrees to pay any amounts owed under this section upon demand. Renter must report any accident, damage, or mechanical problem to Venue or Company staff right away, or call the Company at (720) 807-1921.
6. SAFETY
Renter agrees to: (a) obey posted speed limits, and never exceed 7 mph; (b) keep all body parts inside the cart while it is moving; (c) yield to pedestrians at all times; (d) make sure all passengers are seated before moving and come to a complete stop before anyone gets in or out; (e) not drive in severe weather, including lightning, heavy rain, high winds, or icy conditions; (f) not drive on slopes or terrain that is unsafe for a golf cart; and (g) park the cart on level ground and remove the key when it is not in use.
7. ASSUMPTION OF RISK
Renter understands that driving or riding in a golf cart involves risks, including collision, rollover, ejection, mechanical failure, uneven terrain, weather, and the actions of others, and that these risks can result in injury, death, or property damage. Renter voluntarily assumes all of these risks, known or unknown, for Renter and every driver and passenger covered by this sign-up. The Company does not own or operate the Venue or its activities and is not responsible for the Venue's premises, staff, or activities.
8. INDEMNIFICATION
Renter agrees to indemnify, defend, and hold harmless the Company, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the use or misuse of the cart by Renter or anyone Renter allows to drive or ride in it; (b) any breach of this Agreement or violation of Venue rules; (c) any violation of law; and (d) any claims by third parties, including the Venue, arising from Renter's or Renter's group's conduct.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY TO RENTER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE CART SHALL NOT EXCEED THE FEES PAID BY RENTER UNDER THIS SIGN-UP. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
10. INSURANCE
The Company's insurance, if any, may not cover damage or liability arising from Renter's use of the cart. Renter is encouraged to check whether their own insurance covers golf cart use and may be personally liable for any costs or claims not covered by insurance.
11. PERSONAL PROPERTY
The Company is not responsible for personal property left in or on the cart. Renter assumes all risk of loss, theft, or damage to personal belongings.
12. PAYMENT
Fees are paid in advance at sign-up and cover cart use only; they do not include any Venue fees, admission, or activities. If the Company is unable to provide a cart for a session Renter paid for, the fee for that session will be refunded. For any other payment questions, contact the Company at (720) 807-1921 or chad@wildranchcartrentals.com.
13. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of Colorado, without regard to its conflict of laws principles. Any dispute arising from this Agreement shall first be submitted to good faith mediation. If mediation is unsuccessful, disputes shall be resolved through binding arbitration in Douglas County, Colorado, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
14. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of this Agreement is found to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. This Agreement is the entire agreement between the parties regarding the cart(s) provided under this sign-up.
15. ELECTRONIC SIGNATURE
This Agreement is executed electronically. By checking the acceptance box below, Renter agrees that this action is their legal signature and that they intend to be bound by all terms of this Agreement.
