As consideration for the rental of the golf cart provided by HB3 Carts, LLC, I agree to the following conditions and hereby acknowledge the statements I make herein are true and correct.
I am at least 21 years of age and hold a valid Motor Vehicle Driver License issued by one of the 50 United States.
Furthermore, I acknowledge that my signature below along with the submission of my Driver License Identification Number shall become a part of this agreement and identify me as the "Renter" of the golf cart referred to in this agreement.
I understand the combined weight for passengers and cargo needs to be under 750 lbs per cart and accept that any damages incurred from failure to comply with this weight limit will result in a damage fee.
I agree that only persons who are 21 years of age or older, possess a valid Motor Vehicle Driver License issued by one of the 50 United States, have Motor Vehicle Insurance currently in force and are listed on this rental agreement shall be permitted to operate the golf cart.
I agree to provide Liability, Collision, and Comprehensive Insurance covering myself and my property, the person and property of others involved, HB3 Carts, LLC and the golf cart.
I understand that the golf cart is a Low Speed Vehicle (LSV) and may only be operated on public streets within Ocean Isle Beach, NC where the posted speed limit is 35 mph or less.
I understand that the golf cart is a Low Speed Vehicle (LSV), but is subject to the same laws and regulations pertaining to Motor Vehicles, with the exception that Low Speed Vehicles may not be operated on any roadway with a posted speed limit above 35 mph, and therefore agree that the golf cart will be operated in accordance with the laws of the State of North Carolina and the local laws of the town of Ocean Isle Beach, NC, including, but not limited to the prohibition of open containers of alcohol and driving under the influence of alcohol and/or other drugs.
I understand and accept that the golf cart is a Low Speed Vehicle (LSV) and is not equipped with many of the Common Safety Devices, Structural Components or Methods of Construction found on or used in Motor Vehicles and that the lack of such Safety Devices, Structural Components and Methods of Construction may increase injuries or result in death in the event of an accident.
I understand and accept that HB3 Carts, LLC makes no warranties, express, implied or apparent regarding the golf cart, no warranty of merchantability, and no warranty that the golf cart is fit for any particular purpose, except that the golf cart may be operated on public streets within Ocean Isle Beach, NC where the posted speed limit for Motor Vehicles is 35 mph or less.
I acknowledge that I have read and fully understand the golf cart operating instructions and charging instructions. Furthermore, I agree to follow the golf cart operating instructions and charging instructions.
I agree to contact HB3 Carts, LLC at 980-721-7870 if I have any questions or concerns about operating the golf cart.
I agree to examine and inspect the safety and mechanical condition of the golf cart before each use, and to report any concerns or problems to HB3 Carts, LLC at 980-721-7870 immediately.
I agree to return the golf cart upon completion of the rental period in the same condition as received, normal wear and tear accepted, and that I will be held liable for any damages to the golf cart while it is in my possession.
When selecting an overnight rental, I agree to return the golf cart fully charged, and I understand that if I fail to return the golf cart fully charged, I will be charged for an additional days rental fee of $125.
I understand and accept that if I fail to return the golf cart at 9 am on the morning following my last Rental Day, a $15 per hour fee will be charged for late returns.
I agree to pay all parking violations and towing costs that occur while the golf cart is in my possession.
I agree that the privilege of using the golf cart can be revoked without notice by HB3 Carts, LLC for any violation of this agreement, and I also agree that I shall not be entitled to any refund for the remaining Rental Period, if that privilege is revoked.
I understand and agree that if the golf cart that I have reserved and paid for in advance via Gift Certificate is unavailable on the date(s) that I have reserved due to unforeseeable circumstances, no refund shall be issued, and I agree to accept comparable replacement date(s) offered to me by HB3 Carts, LLC.
I agree to contact HB3 Carts, LLC immediately in the event of any loss or damage to the golf cart or personal property, or injury to persons.
I agree and acknowledge that I am legally and financially liable for all repairs to the golf cart and for the loss, damage and/or injuries to my person or property and the person or property of others involved while the golf cart is in my possession.
I understand that a deposit is not required and hereby give consent to HB3 Carts, LLC to keep my credit card on file for the duration of my rental agreement and authorize HB3 Carts, LLC to charge my credit card for any amounts owed under the terms of this agreement.
I individually, and jointly with my spouse, heirs, legal representatives and assigns, agree to forever release, indemnify, hold harmless and defend HB3 Carts, LLC, its officers, members, successors and assigns, agents, and employees in the event of any claim, loss, suit, demand, cause of action or any other liability whether caused directly or indirectly by myself or any other party from the use of the golf cart during my control and possession of the golf cart.
If HB3 Carts, LLC, its officers, members, successors and assigns, agents or employees are made a party defendant to any litigation concerning the use of the golf cart subject to this agreement, then I shall further indemnify and defend HB3 Carts, LLC against any and all liability and damages by reason of litigation, including attorney's fees and expenses incurred by HB3 Carts, LLC, whether or not the litigation is prosecuted to judgement.
It is my intention that this rental agreement shall bind me, my spouse, heirs, legal representatives and assigns, passengers and anyone else who may make a claim against HB3 Carts, LLC as a result of my use of the golf cart during my control and possession of the golf cart.
I understand and agree that this rental agreement is intended to provide HB3 Carts, LLC the maximum protection that the State of North Carolina permits and that if any part of the rental agreement is declared invalid, the remainder shall continue to be in full force and legal effect, and any invalid clause shall be severed therefrom without affecting the validity of the remainder.
By my signature below, I certify that I have read this rental agreement, fully understand its terms, agree to the conditions set forth herein and understand that I am giving up substantial rights, including the right to sue. I acknowledge that I am signing this rental agreement freely and voluntarily, and that my signature creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives and assigns.
