TERMS AND CONDITIONS
Lessee acknowledges receipt of the equipment identified above (the “Equipment”) which was examined by Lessee and found to be in good condition upon receipt (except as noted below). Lessee further acknowledges that the equipment is leased solely for the purpose, and may not be used for any purpose other than that, for which it was manufactured. Lessee further understands that in consideration for renting said equipment and/or participating in an event, Lessee shall be required to sign Exhibit A, ParticipanULessee Release of Liability and Assumption of Risk Agreement.
Lessee shall return the equipment on or before the agreed-upon rental return date per the rental agreement.
Lessee shall pay to Lessor, upon demand, rental for the equipment at the rate provided until the equipment is returned to Lessor. Rental term rates will continue unless other arrangements are made with Lessor in advance.
Lessee is responsible for all damage to, or loss or theft, including damage caused by weather, road conditions and acts of nature, regardless of fault, to the equipment. If the property is returned after hours, Lessee shall remain responsible for the equipment, loss or damage to the equipment until Lessor inspects the equipment upon our next opening for business. The equipment shall be returned in the same condition as when received, ordinary wear and tear excepted. Damages to the equipment may include, but are not limited to, repairs or the actual cash value of the property in the event the equipment is deemed a total loss, diminished value loss of use, administrative expenses. Lessee shall reimburse Lessor, upon demand, for the loss of or any damage to the equipment while it is rented to Lessee and for all cost and expenses, including reasonable attorney’s fees, incurred by Lessor in collecting any amounts owing by Lessee hereunder or in otherwise enforcing Lessor’s rights hereunder.
Lessee hereby authorizes Trailblaze Adventure to charge the credit card number as noted above for any damage to the equipment, in addition to the above rental charges. Trailblaze Adventure will notify Lessee of any damage, the amount of damage and give the Lessee the option of paying for such damage with cash or certified check prior to charging the credit card.
Lessee shall indemnify and hold Lessor harmless from and against any and all liability, including but not limited to death, bodily injury and property damage, arising out of the rental, use or operation of the equipment.
Lessee shall abide by all rules and regulations of Lessor governing the use of the equipment, as well as all local law enforcement rules and regulations. Lessee shall be responsible for all costs and expenses incurred if any local laws, rules, and regulations are not abided by. It is the responsibility of the Lessee to contact local law enforcement agencies for rules and regulations for operating Equipment within that municipality. Any and all fines issued by the local police departments are the responsibility of the recipient. Lessor will assume no responsibility for any fines/tickets incurred.
AS TO GOLF CARTS:
IF LESSOR FINDS ANY EQUIPMENT OPERATED BY AN UNLICENSED DRIVER, LESSOR SHALL REPOSSESSED SAID EQUIPMENT AND RETAIN ALL PAYMENTS MADE TO LESSOR FOR THE FULL TERM OF THE RENTAL AGREEMENT AS LIQUIDATED DAMAGES.
NON COMMERCIAL ACCOUNT LESSEE SHALL PROVIDE A COPY OF LESSEE’S VEHICLE INSURANCE CARD FOR GOLF CART RENTALS AS VERIFICATION OF INSURANCE COVERAGE. COMMERCIAL ACCOUNT LESSEE SHALL PROVIDE A VALID AND ENFORCED CERTIFICATE OF INSURANCE AS VERIFICATION OF COVERAGE.
LESSOR’S RULES AND REGULATIONS: YOU MUST BE 21 YEARS OR OLDER TO RENT OR OPERATE A GOLF CART FROM LESSOR. ALL DRIVERS MUST HAVE A VALID DRIVERS LICENSE WITH THEM WHILE DRIVING AND ARE PERMITTED TO DRIVE WITHIN 4 MILES OF THEIR PROPERTY ON SECONDARY ROADS DURING DAYLIGHT HOURS ONLY. YOU MAY CROSS PRIMARY ROADS, SUCH AS HWY 17, OCEAN BLVD, SEA MOUNTAIN HWY, AND MUST OBEY ALL SOUTH CAROLINA TRAFFIC LAWS. GOLF CARTS ARE NOT PERMITTED ON THE BEACH. LESSEE IS RESPONSIBLE FOR PAYING ANY PARKING, TRAFFIC CITATIONS, OTHER FEES, PENALTIES, FORFEITURES, COURT COSTS, TOWING, AND STORAGE CHARGES TO THE APPROPRIATE THIRD PARTY IN THE EVENT OF A VIOLATION OF LAW. IN THE EVENT LESSOR IS FORCED TRAILBLAZE TO PAY ANY OF THE ABOVE REFERENCED CHARGES, YOU AGREE TO REIMBURSE LESSOR PLUS A $50.00 ADMINISTRATIVE COST PER CHARGE.
This Agreement, along with any exhibits, appendices, addenda, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties hereby acknowledge and represent, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.
This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by all parties.
Lessee shall not assign this Rental Contract or sublease the equipment.
All disputes must be litigated in Horry County South Carolina. However, prior to filing suit, the parties agree to submit themselves to mediation in Horry County South Carolina.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
Lessor : Trailblaze Adventure LLC
Trailblaze Adventure LLC
Participant Release of Liability and Assumption of Risk Agreement
−Read Before Signing −
In consideration of being allowed to participate in any way in the program, related events and activities, I, the undersigned, acknowledge, appreciate, and agree that:
1) The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.
2) I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume responsibility for my participation.
3) I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4) By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to the same.
5) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless Trailblaze Adventure LLC, independent contractors, agents and/or employees, other participants, sponsors, advertisers, and, owners and lessors of premises used to conduct the event (releasees), from any and all claims, demands, losses, and liability arising out of or related to any injury, disability, or death I may suffer, or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law.
I have read this release of liability and assumption of risk agreement fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
Lessor : Trailblaze Adventure LLC