Golf Cart Agreement

This Agreement dated Date is between Villa Blue LLC  “Host” and the Renter “Renter”, named above, their guests, and any additional drivers who must be 21 years of age or older with a valid driver’s license (provided below). The home comes with complimentary use of a golf cart. Host does not guarantee the golf cart will be available the entire length of your stay as a result of things outside of our control (i.e. maintenance, destruction, unsafe conditions, etc.). Refunds will not be made for maintenance issues. Renter acknowledges that the golf cart was in good condition, with no visible damage, at the time of check-in and assumes full responsibility and liability for care of the golf cart and any/addl damages incurred. Any damages identified prior to taking possession of the golf cart should be immediately reported to the Host (with pictures) prior to use to avoid Renter assuming liability for any previous damage. 

 

 The Golf Cart “Vehicle” belongs to the Host and Host hereby allows the use of the Vehicle  located in the enclosed garage to the Renter and Renter hereby has authorized use of the Vehicle, pending all complete reservation payments from Villa Blue LLC, subject to the terms and conditions set forth below. Renter acknowledges use of the Vehicle, one key is provided per cart and a garage opener and/or other equipment identified herein (the “equipment’) which has been examined by Renter and found to be in first class condition upon receipt. Renter acknowledges responsibility to report any damages prior to operating the cart to Host at villabluebeachouse@gmail.com with supporting images including the front, back, sides and roof. Renter further acknowledges that the equipment is being used for the purpose for which it was manufactured for and will be subject to the terms and conditions set forth in this document. The only rights of the Renter are those rights specifically granted under the terms of this Agreement.

 

1. PROHIBITED USES. The acts listed in paragraph 7, below, are prohibited uses of the Vehicle and constitute a breach of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of any of the terms of this Agreement. 

 

Additionally, you hereby acknowledge the following: 

• ALL DRIVERS MUST BE 21 years or Older with a valid driver’s License and must be guests staying at the property;

• are not to be operated by any person who is in an impaired state, such as would make it illegal for them to operate a Vehicle on a public road;

• cannot be driven on Highway 361 south of Avenue G, on public sidewalks, pedestrian walkways, playgrounds, public parks, school grounds, or other public recreational areas;

• are only allowed on city streets and the beach in marked areas within Port Aransas. Vehicle shall not be driven up on curbs;

• are not allowed on roads between 11pm and 7am;

• cannot be driven through any water of any kind (including deep puddles). Any water damage will result in a $250 towing fee, plus the cost to repair;

• is to be parked in the garage overnight;

• not to exceed the seating capacity of 6 passengers and must be seated at all times while the cart is in motion;

• no person or animal may sit on the driver’s lap while the cart is in motion and that no one except the licensed driver listed below may steer the golf car (i.e. a child sitting next to you may not steer the cart). Children shall not be on or around Vehicle without adult supervision;

• to be operated in compliance with all State of Texas and City of Port Aransas laws and ordinances;

• are to pull over and allow traffic behind the Vehicle  to pass;

• are not to be taken on the dunes, or to any off-road location;

• in the event the Vehicle stops working while in use. Park in a safe area, away from traffic, and not on the beach. Please contact the HOST immediately;

• in the event of damage resulting in loss of functioning and subsequent unavailability for use, Renter will be responsible for all damage to or loss of the Vehicle, including the cost of repair or the actual cash retail value of the Vehicle if it is deemed a loss, whether or not you are at fault;

• the vehicle is a custom golf cart and will require additional days for parts to arrive, necessitating another vehicle to be added in its place. "Loss of use" refers to our inability to use the vehicle for any purposes due to damage during the Renter's use. Loss of use will be billed at a calculated rate by multiplying the number of days from the date the vehicle is damaged until it is repaired by the daily rental rate of a similar vehicle rented in Port Aransas;

• if not returned with a full tank of regular unleaded fuel only; Host will charge Renter’s credit card $35 Gas convenience fee in addition to the price of fuel;

• departure check-out requires Vehicle to be in the garage, keys to be returned on coat hook, Vehicle rinsed off, fuel refilled, and photos of front, back, left, right side, and roof to be sent to villabluepa@gmail.com for proof of Vehicle condition;

• key would never be left in the ignition when not in use. Lost keys will incur a $35 fee 

 

2. ASSUMPTION OF RISK. YOU UNDERSTAND THAT YOU ARE PARTICIPATING IN AN ACTIVITY WITH POSSIBLE RISKS TO YOURSELF AND OTHERS, INCLUDING THE RISKS OF DEATH, SERIOUS BODILY INJURY, AND PROPERTY DAMAGE. YOU ARE RESPONSIBLE FOR THE SAFETY OF YOURSELF AND ANY GUESTS YOU MAY HAVE ON THE VEHICLE. YOU HEREBY STATE, THAT TO THE BEST OF YOUR KNOWLEDGE, YOU ARE IN GOOD PHYSICAL AND MENTAL CONDITION, AND UNDERSTAND THE VEHICLE SAFETY PROCEDURES. YOU VOLUNTARILY ASSUME ALL RISK OF ACCIDENT OR DAMAGE TO YOUR PERSON OR PROPERTY WHICH MAY BE INCURRED FROM OR BE CONNECTED IN ANY MANNER WITH YOUR USE, OPERATION OR USE OF THE VEHICLE. INITIAL 

 

3. RELEASE AND INDEMNIFICATION. YOU HEREBY RELEASE US, EMPLOYEES, CONTRACTORS AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS AND FROM ALL LIABILITY FOR DAMAGE, LOSS OR INJURY (OF WHATEVER KIND, NATURE OR DESCRIPTION) THAT MAY ARISE OUT OF, OR YOU MAY SUSTAIN, IN CONNECTION WITH YOUR USE, OPERATION, OR RENTAL OF THE VEHICLE. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR EMPLOYEES, CONTRACTORS AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, INCLUDING ATTORNEY’S FEES, EXPENSES AND COSTS, OF YOURSELF OR OF THIRD PARTIES (OF WHATEVER KIND, NATURE OR DESCRIPTION), WHICH MAY ARISE OUT OF, OR IN ANY MANNER CONNECTED WITH, OR CAUSED BY YOUR USE OR BY YOUR GUESTS OR AGENTS, OR OPERATION OR RENTAL OF THE VEHICLE. THIS RELEASE AND INDEMNIFICATION SHALL BE BINDING UPON YOUR HEIRS, ADMINISTRATORS, EXECUTORS, AND ASSIGN. INITIAL 

 

4. RENTAL, INDEMNITY AND WARRANTIES. This is a contract for the use of the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use, your guest or any additional drivers of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. 

 

5. CONDITION AND RETURN OF VEHICLE. You must return the Vehicle to our property, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. The Vehicle remains our property and failure to return it on the agreed date may constitute larceny. If the Vehicle is returned after check-out, you remain responsible for the custody of, and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during use must be done by us. 

 

6. RESPONSIBILITY FOR VEHICLE DAMAGE OR LOSS; REPORTING TO POLICE. You are responsible for all damage to or loss of the Vehicle during the rental period, including the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to the police and us as soon as you discover them. Your responsibility will include: (a) all damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use is payable regardless of fleet utilization; (c) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (d) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. Where permitted by law, you authorize us to charge you or card on file for the actual cost of repair or replacement of lost or damaged items at the time of return.

 

7. FURTHER RESPONSIBILITIES. You are further responsible for all damage to or loss of the Vehicle which: (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (g) occurs outside the geographic limitations indicated on rules and regulations sheet as signed by Renter; (h) occurs as a result of driving the Vehicle on unpaved roads; (I) occurs and the odometer has been tampered with or disconnected; (j) occurs when it is otherwise to expect you to know that further operation would damage the Vehicle; (k) occurs as a result of your willful, wanton or reckless act; (I) occurs and you fail to summon the police to any Vehicle accident involving personal injury or property damage. 8. Insurance. You are responsible for all damage or loss you cause to others and the Vehicle. We may ask you to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the “Policy”) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required by the law of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.

 

8. CHARGES. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $100 for each such charge; (b) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (c) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (d) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (e) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (f) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented. 10. Deposit. We may request a deposit of $500 to pay any amounts owed to us under this Agreement. You understand that you will remain liable for charges that exceed your deposit.

 

9. DEFINITIONS. “Agreement” means all terms and conditions found in this form. “You” or “your” means the person identified as the Renter above, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the Renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means Host - Villa Blue LLC. “Authorized Driver” and/or “Primary Guest” means the Renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license and is at least 21 years of age. ‘Vehicle” means the golf cart identified in this Agreement, any golf cart we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. “Loss of use” means the loss of our ability to use the Vehicle for any purpose due to damage to it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired, times the daily rental rate. 

 

10. YOUR PROPERTY. You release us, our contractors and agents from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service Vehicle at our property, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 

 

11. MODIFICATIONS. No term of this Agreement can be waived or modified except by a writing that we have signed. 

 

12. MISCELLANEOUS. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You agree that this Agreement and any dispute arising therefrom, as well as any dispute arising from your operation or use of the Vehicle, shall be determined by the courts of Nueces County, Texas, and under the laws of the State of Texas. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

 

THIS RELEASE OF LIABILITY IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES. 

 

Please read this document carefully before you sign it. If you do not understand any provision of this Agreement, you should not sign the document until you obtain clarification of the provision you do not understand. You are encouraged to have this document reviewed by your legal representative or by any other advisor you may have before you sign this Agreement. 

 

By signing this Release, I certify that I have read this Release and fully understand it and that I am not relying on any statements or representations made by the Released Parties. 

​