Rental Agreement

RENTAL CONTRACT 125701

ONLY PERSONS LISTED ON THIS CONTRACT ARE AUTHORIZED TO DRIVE THIS VEHICLE, RENTER WARRANTS THAT RENTER HAS INSURANCE THAT COVERS THE RENTAL AND AGREES THAT SUCH INSURANCE SHALL BE CONSIDERED PRIMARY INSURANCE AND RENTER SHALL BE LIABLE FOR ANY DAMAGES OCCURRING AS A RESULT OF USE OF THE RENTED VEHICLE. ANY OBLIGATIONS OF LESSOR SHALL BE CONSIDERED SECONDARY. RENTER ALSO SPECIFICALLY ASSIGNS TO LESSOR ALL RIGHTS UNDER RENTER’S POLICY, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, COMPREHENSIVE AND COLLISION COVERAGES. LESSOR IS HEREBY AUTHORIZED TO NEGOTIATE ANY SETTLEMENT FOR AND ON BEHALF OF THE RENTER TO THE EXTENT OF LESSOR’S LIABILITY TO ANY THIRD PARTY AS A RESULT OF THE USE OF THE VEHICLE BY THE RENTER. (ALL CLAIMS FILED TO RENTER’S INSURANCE CO.) RENTER FURTHER WARRANTS THAT THE INSURANCE COVERAGE MENTIONED ABOVE IS CURRENTLY IN FORCE. ANY MISREPRESENTATION OF ANY INFORMATION ON THIS RENTAL AGREEMENT WILL BE CONSIDERED A VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Equipment Rental

Acknowledgment and Assumption of Risks & Release and Indemnity Agreement

Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter ‘Document’) carefully before electronically signing.  All persons renting from Ocean Isle Cart Rentals, LLC agree that by paying the Rental Fee and all aplicable taxes online at www.oceanislecartrentals.com, are agreeing to abide by this Document in full.  All participants are referred to in this Document as ‘renter.’

In consideration of the services of Ocean Isle Cart Rentals, LLC, and each of the respective owners, officers, directors, employees, representatives, agents, interns, contractors, parent or holding companies and all other persons or entities associated or affiliated with them (collectively referred to in this Document as ‘Ocean Isle Cart Rentals, LLC’), I  acknowledge and agree as follows:

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

I am renting equipment from Ocean Isle Cart Rentals, LLC for recreation and/or adventure activities.  This equipment can include golf carts and associated safety equipment (collectively referred to in this Document as ‘equipment’ or ‘rented or rental’ equipment.)  I acknowledge that there are inherent and other risks, hazards and dangerous (collectively referred to in this Document as ‘risks’) associated with engaging in adventure or recreation activities, or using or renting equipment for those activities that can cause injury, damage, death, or other loss to renter or others.    These risks include, but are not limited to:

  • unpredictable and hazardous ground, water or weather conditions, including strong winds, severe storms.  Hazards (on, above and below water or ground level, including road hazards) may not be marked or visible and weather is unpredictable year round;
  • stinging, venomous or disease carrying animals or insects on land or in water and wild animals, including alligators;
  • misjudgments and careless or even reckless conduct of renters and others;
  • renter’s improper use of rented equipment and/or failure to understand how to use the rented equipment;
  • renter’s failure to accurately assess his/her ability level for activity engaged in;
  • remote locations, an hour or more from medical facilities, that can cause potential delays or difficulties with communication, transportation, evacuation and medical care;
  • equipment that can be misused, that can break, fail or malfunction, or that can fall off or break loose from a vehicle.  Ocean Isle Cart Rentals, LLC. requires seat belts, lights, blinkers, rear view mirrors horns and other safety gear for some rentals.  Safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.  Renter (and parent/s of minors) assume full responsibility for wearing, fitting and securing safety gear during rental activities, and assume all increased risks of choosing not to use safety gear.
  • Other risks (both natural and man-made) that are generally associated with use of recreation and adventure rental equipment in an outdoor environment.

These and other risks may result in renter: falling to the ground or into the water; being struck; impacting objects, people or the bottom of the ocean or some other body of water; experiencing vehicle capsize, collision or rollover; getting caught or entangled in objects above or below water; reacting to weather conditions or increased exertion; suffering gastro-intestinal or allergic reactions or experiencing other problems.  These and other circumstances may cause hypothermia, hyperthermia (heat related illness), dehydration, heat exhaustion or stroke, drowning, heart or lung complications, broken bones, fractures or sprains, paralysis, concussions, cuts, abrasions or wounds, sunburn or other burns, mental or emotional trauma or other injury, damage, death or loss.

Renter is fully capable of using this rental equipment and agrees that it is solely renter’s responsibility to, among other things:

  1. know how to use and operated this equipment and/or obtain the necessary instruction;
  2. assess renter’s own skill level for any activity or use of this equipment;
  3. determine and choose locations for using this equipment and/or engaging in adventure or recreation activities within the areas authorized by Ocean Isle Cart Rentals, LLC.;
  4. wear and use all safety gear required by law and
  5. obey all Ocean Isle Beach rules and policies, signage, traffic laws, rules of the road or other local, state or federal laws, as it pertains to the rented equipment.

Renter is voluntarily renting equipment from Ocean Isle Cart Rentals, LLC with knowledge of the risks and renter’s responsibilities.  Therefore, renter assumes and accepts full responsibility for: a) the inherent and other risks (both known and unknown) of recreation and adventure activities, including the use of Ocean Isle Cart Rentals, LLC rented equipment in conjunction with those activities, and b) any injury, damage, death or other loss suffered by renter, resulting from those risks and/or resulting from renter’s negligence or other misconduct.

RELEASE AND INDEMNITY AGREEMENT

Please read carefully.  This Release and Indemnity Agreement contains a surrender of certain legal rights.  I (adult renter) agree:

  1. to release and not sue Ocean Isle Cart Rentals, LLC., with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs)(hereafter ‘claim’ or ‘claim/s’) for any injury, damage, death or other loss in any way connected with my or my child’s participation in recreation or adventure activities and/or use of Ocean Isle Cart Rentals, LLC. rental equipment.  I understand I agree here to waive all claim/s I or my child may have against Ocean Isle Cart Rentals, LLC., and agree that neither, I my child, nor anyone acting on my or my child’s behalf, will make a claim against Ocean Isle Cart Rentals, LLC., as a result of any injury, damage, or other loss suffered by me or my child;
  2. to indemnify (indemnify meaning reimburse by payment or otherwise) Ocean Isle Cart Rentals, LLC. with respect to any and all claim/s brought by or on behalf of me, a family member, or any other person for any injury, damage, death or loss in any way connected with my or my child’s participation in recreation or adventure activities and/or my or my child’s or any other person’s use of renter’s Ocean Isle Cart Rentals, LLC. rental equipment.  This Release and Indemnity Agreement includes claim/s resulting from Ocean Isle Cart Rentals, LLC negligence(but not its gross negligence, or willful, wanton or criminal misconduct), and includes claim/s for personal injury or wrongful death (including claims related to emergency or medical response, assessment or treatment), property damage, products liability, breach of contract or warranty, claims based upon or arising under admiralty or maritime law and any other claim.
OTHER PROVISIONS

I (renter) agree to accept full responsibility for the care of the equipment, to reimburse Ocean Isle Cart Rentals, LLC. for lost, stolen or damaged equipment, to pay required fees for late rental returns, and not to loan or rent this equipment, to any other person.  Renter acknowledges receipt of cart and equipment in good working order conditional on initial inspections by renter and/or parent/s of minor renter.  I agree that North Carolina state law(without regard to its conflict of laws rules) governs this Document, any dispute I have with Ocean Isle Cart Rentals, LLC. and all other aspects with my relationship with Ocean Isle Cart Rentals, LLC.  However, if a court determines that U.S. federal law applies to all or part of my relationship with Ocean Isle Cart Rentals, LLC., I agree that U.S. federal law shall apply, a appropriated, in its place.  I agree that any mediation, suit or other proceeding I engage in or assert against Ocean Isle Cart Rentals, LLC. must be filed or entered into only in a place of business or state court located in Brunswick County, North Carolina or in the United States District Court for the District of North Carolina located in Raleigh, North Carolina.  I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable North Carolina mediator.  I authorize Ocean Isle Cart Rentals, LLC. staff, contractors or other medical personnel to obtain or provide medical care for me or my child, to transport me or my child to a medical facility, and to provide treatment they consider necessary for my or my child’s health.  I agree to pay all costs associated with that care and transportation.  I authorize Ocean Isle Cart Rentals, LLC. to take and use my or my child’s photo, image or statement for advertising, sale, display, or other uses.

I AGREE I AM RENTING THIS EQUIPMENT ‘AS IS’ AND THAT OCEAN ISLE CART RENTALS, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMLIED (INCLUDING ANY CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE RENTED EQUIPMENT.  This document is intended to be interpreted and enforced to the fullest extent allowed by law.  If any portion of this Document is deemed unlawful or unenforceable it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.

Renter:  I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and binding upon me, my minor child, spouse and other family members, and my heirs, executors, representatives, subrogates and estate.  Adult renters must sign below.

By my payment to Ocean Isle Cart Rentals, LLC, I certify that I understand and agree to the conditions set forth in the Ocean Isle Golf Cart Rentals, LLC Binding Golf Cart Agreement.  I acknowledge that I have electronically signed this document voluntarily and freely and that my payment(signature) creates a contractual obligation that binds me, my guests and all passengers.

***Golf Carts are NOT ALLOWED to go over the Causeway Bridge.***

Ocean Isle Golf Cart Rentals LLC

BINDING GOLF CART AGREEMENT

(Please read carefully before signing and returning.)

In consideration for the rental of the golf cart provided by Ocean Isle Golf Cart Rentals, LLC

I agree to the following conditions. In the event that I violate any of the following conditions, I agree and understand that further use of the golf cart may be revoked immediately and without notice:

  1. I promise to return the golf cart to the location provided immediately upon completion of the rental period in as good condition as I received the same, normal wear and tear accepted. I will operate the golf cart safely and responsibly, and I will preserve and protect the golf cart from loss or damage to the cart itself, my person or property, and the persons or property of others.  I agree and understand failure to comply with the terms of this agreement will result in a forfeiture of my rental fees and deposit.   I agree to be legally and financially liable for all costs of repairs to the golf cart and for the loss, damage and/or injuries to my person or property and the persons or property of others regardless of fault. I agree to reimburse the golf cart owner for such unrecovered costs, including but not limited to deductibles and any uninsured losses.
  2. I agree to hold harmless, defend and indemnify Ocean Isle Golf Cart Rentals, LLC for any and all damages and claims of any nature whatsoever that may arise from the use of said golf cart during the time of the rental period, including but not limited to claims for damages to the golf cart itself, my person and property and the persons and property of others.
  3. I agree to become familiar with the operation and use of said golf cart, to read the “GOLF CART INFORMATION SHEET” and any other instructions provided to me regarding the cart, and to operate the golf cart in accordance with said instructions. I Agree to contact Ocean Isle Golf Cart Rentals LLC.  If I have any questions or concerns about operating the golf cart or if my guest or I have caused any damage to the golf cart or others through the use of the golf cart. I agree to examine and inspect the safety and mechanical condition of the golf cart, reporting any concerns or problems before driving the vehicle.
  4. I understand that a golf cart is subject to the same laws and regulations pertaining to motor vehicles 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 Brunswick County, including but not limited to the requirement that persons driving the golf cart must not be under the influence of alcohol and/or illegal drugs. I further agree that I personally will be responsible for all moving and/or parking violations issued to said cart while it is in my possession, under my control, or at any time during the condominium/house rental period.  I agree that I will not operate the golf cart in the surf or allow salt water to come in contact of mechanical or electrical components. I further agree that law prohibits me from using the golf cart on or over  the Causeway Bridge.
  5. I agree that only persons who are 21 years or older, possess a valid driver’s license and insurance as required by law shall be permitted to drive the golf cart. I further agree that the maximum occupancy of the golf cart is four persons, including children.
  6. I agree the privilege of using the golf cart can be revoked without notice by Ocean Isle Golf Cart Rentals, LLC. in their sole discretion, for any violation of this agreement. I further agree I shall not be entitled any rental refund or deposit for such revocation of privilege.
  7. I understand that if the golf cart should become inoperable through no fault of mine, Ocean Isle Golf Cart Rentals, LLC will take reasonable steps to have the vehicle repaired.  In the event the golf cart can not be repaired or replaced, a refund will be issued towards the unused rental agreement period.

By me paying in full, I certify that I understand and agree to the conditions set forth in the Ocean Isle Golf Cart Rentals, LLC.  Binding Golf Cart Agreement. I acknowledge that I have electronically signed this document voluntarily and freely and that my electronic signature creates a contractual obligation that binds me, my guests and all passengers.

Golf Cart Information Sheet

  • Key must be removed from cart anytime it is left unattended.
  • Golf carts are allowed on all roads on Ocean Isle Beach except the causeway bridge.  At NO time can a golf cart drive over the Causeway Bridge.
  • DO NOT OPERATE Cart on the Beach.  Doing so will result in the loss of the use of the cart and your security deposit at a minimum, no exceptions!
  • At no time should there be more than 4 passengers on the cart. Allowing more than 4 passengers on the cart will result suspension damage and repair cost will be charged against your deposit.
  • Do not make turns at high speeds. Slow down to turn or make corners especially with carts that have altered suspensions “Lift Kits” as they are prone to rollover at high speeds.
  • It is our goal to provide customers with reliable golf carts by which we perform routine maintenance and battery discharge tests. This is to ensure you get the most use out of the cart with each charge. In the event a problem does arise we ask that you first check to ensure that all operating instructions are being followed and the charger has sufficient power and is connected properly. Do not for any reason attempt to perform maintenance or repairs on cart. If you are unable to resolve the problem, contact Ocean Isle Golf Cart Rentals, LLC immediately and we will send out a mechanic as soon as possible. Should the problem result in the loss of use during the agreed upon rental time, you will be refunded appropriately. Failure to notify us of a problem will result in no refund for that period of time we were not notified of the problem. In the event we are requested to make a service call and it is determined that the problem is the result of improper operation of the cart or failure to properly connect the charging system a $75.00 fee will be charged against your deposit.
  • Upon completion of rental, cart should be washed off thoroughly. Do not use a pressure washer, water hose will be sufficient. Make sure that the charger does not get wet, and that the entire cart is rinsed.
    “Note” Failure to wash the cart at the completion of rental period will result in a $15.00 cleaning fee that will be charged in addition to your rental fee.
  • Our carts are inspected for damage at the point of delivery and pickup.  Should repairs be required you hereby authorize Ocean Isle Cart Rentals to add any charges against your credit card on file.
  • Contact Number is (910)625-9671   www.oceanislecartrentals.com

Once you have read and agree to all terms and conditions above, please proceed to the Reservations Page and reserve your cart.