GOLF CART RENTAL AND LIABILITY AGREEMENT
State of Florida · Walton County
This Golf Cart Rental and Liability Agreement ("Agreement") is entered into as of ______________, by and between:
OWNER: MHR JR 30A LLC, a Florida limited liability company, with its principal place of business in Walton County, Florida ("Owner");
RENTER: __________________________________, an individual of lawful age ("Renter").
Owner and Renter are sometimes referred to herein individually as a "Party" and collectively as the "Parties."
1. Golf Cart Description and Rental Period
Owner agrees to rent to Renter one (1) golf cart ("Golf Cart") for use at the property known as Beach Nuts on 30A, located within the Prominence community, 30A, Walton County, Florida ("Property"). The rental period shall commence on ______________ and conclude on ______________ ("Rental Period"). The Golf Cart shall be made available at the Property and shall be returned to its designated location on the Property by the end of the Rental Period.
2. Renter Eligibility and Authorization
2.1 Renter represents and warrants that they are at least twenty-five (25) years of age and hold a valid, unexpired driver's license issued by a state or jurisdiction of the United States or its territories.
2.2 Renter must provide proof of a valid driver's license and proof of active personal automobile liability insurance prior to taking possession of the Golf Cart. Failure to provide such documentation shall void this Agreement and the Golf Cart shall not be released.
2.3 Only Renter and any additional operators expressly pre-approved in writing by Owner are authorized to operate the Golf Cart. Renter shall not permit any unauthorized person to operate the Golf Cart under any circumstances.
2.4 No person under the age of twenty-five (25) shall operate the Golf Cart at any time during the Rental Period.
3. Permitted Use; Florida Law Compliance
3.1 The Golf Cart is a street-legal low-speed vehicle ("LSV") as defined under Florida Statute § 320.01. It is not a toy or recreational off-road vehicle and shall be operated as a motor vehicle subject to all applicable laws.
3.2 Renter shall comply with all provisions of the Florida Uniform Traffic Control Law, Chapter 316, Florida Statutes, and all local ordinances, community rules, and 30A regulations governing operation of golf carts and LSVs.
3.3 Pursuant to Florida Statute § 316.212, operation of the Golf Cart is permitted only on streets and roadways where the posted speed limit is thirty-five (35) miles per hour or less and in designated community areas within Prominence, 30A. Operation on State Road 30A, U.S. highways, or any roadway with a posted speed limit in excess of 35 mph is strictly prohibited.
3.4 The Golf Cart shall carry no more passengers than the number for which it was designed by the manufacturer. Renter and all passengers must remain fully seated with all body parts inside the Golf Cart while it is in motion.
3.5 The following uses are strictly prohibited: reckless or negligent operation; off-road or beach driving; towing of any vehicle, trailer, or object; operation between the hours of 11:00 PM and 7:00 AM without prior written approval from Owner; and any use that violates applicable law.
3.6 The Golf Cart shall not be removed from the Property or the Prominence community without Owner's prior written approval.
3.7 Renter shall not operate the Golf Cart while under the influence of alcohol, cannabis, controlled substances, or any medication that impairs judgment or motor function, in violation of Florida Statute § 316.193 or applicable law.
4. Condition of Golf Cart; Return
4.1 Renter acknowledges receipt of the Golf Cart in good, clean, and operational condition. Any pre-existing damage, defects, or concerns must be reported to Owner in writing before Renter takes possession. Absent such written notice, the Golf Cart shall be deemed accepted by Renter in satisfactory condition.
4.2 Renter shall return the Golf Cart to its designated location on the Property by the end of the Rental Period in the same condition as received, ordinary wear and tear excepted, with the same battery charge level (or fuel level, as applicable) as at the time of delivery.
4.3 A cleaning fee of up to One Hundred Fifty Dollars ($150.00) may be assessed if the Golf Cart is returned with sand, food, debris, or in a condition requiring professional cleaning beyond normal use.
4.4 Renter shall secure the Golf Cart and retain possession of the keys when the Golf Cart is not in use. Loss of the Golf Cart keys shall result in a replacement fee charged to Renter.
4.5 Renter shall not make, or permit to be made, any modifications, alterations, additions, or repairs to the Golf Cart without the prior written consent of Owner.
5. Assumption of Risk
RENTER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE OPERATION OF A GOLF CART INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO: COLLISION WITH OTHER VEHICLES, PERSONS, OR PROPERTY; LOSS OF CONTROL OF THE VEHICLE; PERSONAL INJURY, BODILY HARM, OR DEATH TO RENTER OR PASSENGERS; AND PROPERTY DAMAGE. RENTER VOLUNTARILY AND KNOWINGLY ASSUMES ALL SUCH RISKS AND ANY OTHER RISKS ARISING FROM OR RELATED TO THE OPERATION AND USE OF THE GOLF CART DURING THE RENTAL PERIOD.
6. Release of Liability
6.1 TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, RENTER, ON BEHALF OF THEMSELVES AND THEIR HEIRS, PERSONAL REPRESENTATIVES, ASSIGNS, AND SUCCESSORS IN INTEREST, HEREBY IRREVOCABLY RELEASES, WAIVES, DISCHARGES, AND HOLDS HARMLESS MHR JR 30A LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH RENTER'S USE OR OPERATION OF THE GOLF CART DURING THE RENTAL PERIOD.
6.2 This Release includes, without limitation, claims arising from the negligence of the Released Parties, except to the extent prohibited by applicable Florida law. This Release does not apply to claims arising from the gross negligence or willful and wanton misconduct of the Released Parties.
7. Damage, Loss, and Theft
7.1 Renter shall be solely responsible for any and all damage to the Golf Cart, including but not limited to collision damage, vandalism, theft, weather-related damage, or any other loss occurring during the Rental Period, regardless of fault or cause.
7.2 In the event of an accident, collision, or incident involving the Golf Cart, Renter shall: (a) immediately stop and render aid as required by Florida Statute § 316.062; (b) notify local law enforcement if required by law; (c) notify Owner as soon as practicable; and (d) not move the Golf Cart from the scene if personal injury has occurred until authorized by law enforcement.
7.3 Renter authorizes Owner to charge the credit card on file for the cost of any repairs, towing, storage, replacement parts, labor, or full replacement value of the Golf Cart if it is damaged beyond repair or stolen during the Rental Period.
7.4 Renter shall be responsible for any and all third-party property damage or personal injury claims arising from Renter's operation of the Golf Cart and shall promptly notify Owner of any such claims.
8. Insurance
8.1 Renter represents and warrants that they maintain valid personal automobile liability insurance that extends coverage to the operation of golf carts and LSVs as required under Florida law, including but not limited to the minimum coverages required by Florida Statute § 324.022.
8.2 Owner does not provide any insurance coverage with respect to the Golf Cart or its operation. Renter's personal automobile insurance shall be primary, and Owner's insurance (if any) shall be excess and non-contributing.
8.3 Renter shall provide Owner with proof of valid insurance meeting the requirements of this Section prior to taking possession of the Golf Cart. Coverage must remain in force throughout the entire Rental Period.
9. Indemnification
Renter agrees to defend, indemnify, and hold harmless MHR JR 30A LLC, its members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, actions, damages, liability, loss, cost, and expense, including reasonable attorneys' fees and court costs, arising out of or resulting from: (a) Renter's use or operation of the Golf Cart; (b) any breach by Renter of any representation, warranty, obligation, or covenant under this Agreement; (c) any violation of applicable law by Renter; or (d) any personal injury or property damage caused or contributed to by Renter or any passenger in the Golf Cart during the Rental Period.
10. Security Deposit
10.1 As a condition of this Agreement, Renter shall provide a refundable security deposit in the amount of Five Hundred Dollars ($500.00) ("Security Deposit"), which shall be held by Owner against damage, loss, theft, excessive cleaning fees, or any other amounts owed by Renter under this Agreement.
10.2 The Security Deposit is fully refundable within fourteen (14) days of the check-out date, provided the Golf Cart is returned in its original condition with no damage, loss, unauthorized modifications, or outstanding charges attributable to Renter.
10.3 If Owner determines that amounts are owed by Renter, Owner shall provide written notice of such charges within fourteen (14) days of the check-out date. Owner may apply the Security Deposit toward any such amounts. If damages exceed the Security Deposit amount, Renter shall remain liable for all excess amounts.
10.4 Any remaining portion of the Security Deposit not applied to valid charges shall be returned to Renter within fourteen (14) days of the check-out date.
11. Default
In the event Renter fails to comply with any material term or condition of this Agreement, Owner shall have the right to immediately terminate this Agreement and demand the return of the Golf Cart without further notice. In the event of such default, Renter shall not be entitled to any refund of amounts paid, and Owner reserves all rights and remedies available at law and in equity.
12. Governing Law; Dispute Resolution
12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
12.2 Any and all disputes, claims, or controversies arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the courts of Walton County, Florida. The Parties hereby irrevocably consent to such jurisdiction and venue.
12.3 In any action or proceeding to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, pursuant to Florida Statute § 57.105 and applicable law.
13. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.
14. Entire Agreement; Amendments
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether oral or written. This Agreement may not be amended or modified except by a written instrument signed by both Parties.
15. Acknowledgment
BY SIGNING BELOW, RENTER ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, UNDERSTAND ITS CONTENTS, AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. RENTER FURTHER ACKNOWLEDGES THAT THEY ARE ENTERING INTO THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT DURESS OR UNDUE INFLUENCE, AND THAT THEY HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING.
OWNER: MHR JR 30A LLC, a Florida Limited Liability Company
RENTER: Complete Guest Information above to populate
RENTAL PERIOD: Complete check-in / check-out dates above