Lessor: The Dunes Golf & Winter Club
In this Cart Rental Agreement for Minors the term "LESSEE" shall mean the Minor and the Parent, collectively.
BY SIGNING THIS DOCUMENT, LESSEE ACKNOWLEDGES THEY ARE WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
LESSEE agrees to pay all cart rental fees prior to taking possession of the cart. LESSEE confirms that they have received the cart in good working order and repair.
Permitted Use:
1. Only two persons and two golf bags are allowed at any time. No pulling of hand carts or persons.
2. A valid Driver's License is required to operate all carts.
3. The Cart shall only be operated by the Lessee.
4. Keep both feet inside cart when moving.
5. Be sure that operator is sitting down and in full control of cart and has checked directional switch or key position to ensure that it is in the proper position before releasing emergency brake or before touching throttle.
6. Keep cart off greens and tees.
7. Carts must remain on cart paths and allowed sections of the fairways.
8. Cart shall only be operated in designated permitted areas and shall in no circumstances be operated on the Canfor Haul Road or other municipal roads or right-of ways.
LESSEE agrees that the cart will not be operated under the influence of alcohol or drugs, nor will it be operated recklessly, negligently, or in an unsafe manner. LESSOR reserves the right, and LESSEE acknowledges said right, to take possession of cart without any refund of fee, in the event the Lessee violates the Permitted Use terms herein.
LESSEE promises and agrees to pay for any damages that are sustained to said cart while same is in MINOR'S possession.
LESSEE understands that operating a art involves inherent risks, including but not limited to collisions, loss of control and injury to persons or property. LESSEE acknowledges these risks exist and voluntarily assumes all such risks. LESSEE, on behalf of themselves, their heirs, next of kin, executors, administrators, assigns, and representative, waives any and all claims against LESSOR and releases LESSOR from any and all liability for any loss, damage, expense, personal injury, death, property damage, and any other indirect, incidental or consequential damages resulting from their use of said cart, including negligence, breach of contract, or breach of any statutory or other duty of care.
LESSEE represents that MINOR is familiar with the operation and use of said cart and that LESEE is at least 16 years old and possesses a valid Driver's License.
PARENT represents that they are the legal parent or court appointed guardian of MINOR, that they have read and fully understand this Agreement, and consents to MINOR renting and operating the cart pursuant to the terms of this Agreement. Including the release and waivers herein, PARENT promises and agrees to indemnify, defend and hold harmless the LESSOR, its owners, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses free and harmless of any nature whatsoever arising out of or relating to: MINOR'S use of said cart, injury or death of any person, damage to property, and/or a breach of this Agreement.
The cart is hereby leased for (9)(18) and additional authorized holes per use. The full agreement between the LESSOR and the LESSEE is contained herein, and time is made of the essence of this agreement.
LESSEE represents that they have read and understand this Agreement and by signing acknowledge that they are waiving legal rights they or others may have against Lessor.