We See’um Rentals, LLC Equipment Rental Terms and Agreement
Acknowledgment of Risks & Release Notice
Golf Cart Evaluation - Please report any damage to the cart upon your check-in.
If no report is made immediately it is understood the golf cart was received in good working condition including but not limited to Roof Panel, Windshield, Front Panel/Light Bar, Tire(s) & Rim(s), Front Seat Panel, Front Floor Board, Back Seat Panel, Back Foot Rest, Brake Lights & Steering Box.
INTRODUCTION
Please read this entire acknowledgment & Assumption of Risks & Release and Indemnity Agreement (hereafter ‘Document’) carefully before signing. No person under 25 yrs. of age may rent equipment from We See’um Investors/Rentals, LLC. All participants are referred to in this Document as ‘renter’. In consideration of the services of We See’um Investors/Rentals, LLC, respective owners, officers, directors, employees, representatives, agents, interns, contractors, the parent or holding companies & all other persons or entities associated or affiliated with We See’um Investors/Rentals, LLC.
I (renter) acknowledge & agree as follows:
I am renting equipment from We See’um Investors/Rentals, LLC for recreation activities. I acknowledge there are inherent & other risks, hazards & dangers (collectively referred to in this Document as ‘risks’) associated with engaging in 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:
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- unpredictable & hazardous ground, water, or weather conditions, including strong winds & severe storms. Hazards (on, above & below water or ground level, including road hazards) may not be marked or visible & weather is unpredictable year-round;
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- stinging, venomous or disease-carrying animals or insects & wild animals including alligators;
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- misjudgments & careless or even reckless conduct of renter or others;
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- renter’s improper use of rented equipment &/or failure to understand how to use the rented equipment;
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- renter’s failure to accurately assess his/her ability level for the activity engaged in;
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- remote locations, an hour or more from medical facilities, that can cause potential delays or difficulties with communication, transportation, evacuation & medical care;
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- equipment that can be misused, that can break, fail or malfunction, or that can fall off or break loose from the recreation rental equipment.
- other risks (both natural & man-made) that are generally associated with the use of recreation rental equipment in an outdoor environment.
These & other risks may result in renter or others: falling to the ground or into the water, being struck, impacting objects, people or body of water; experiencing vehicle, collision or rollover: getting caught or entangled in objects above or below the water: reacting to weather conditions or increased exertion: suffering gastro-intestinal or allergic reaction or experiencing other problems. These & other circumstances may cause hypothermia (heat-related illness), dehydration, heat exhaustion or stroke, drowning, heart or lung complications, broken bones, fractures or sprains, paralysis, concussion, 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 & agrees that it is solely the renter’s responsibility to, among other things:
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- know how to use & operate this equipment &/or obtain necessary instruction;
- assess renter’s own skill level for any activity or use of this equipment;
- determine & choose the location for using this equipment &/or engaging in recreation activities within authorized areas;
- wear all safety gear required by law and
- obey all rules & 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 We See’um Investors/Rentals, LLC with knowledge of the risks & renter’s responsibilities. Therefore, renter assumes & accepts full responsibility for a) inherent & other risks (both known & unknown) of recreation activities, including the use of rented equipment in conjunction with those activities, and b) any injury, damage, death or other loss suffered by renter or others, resulting from those risks &/or resulting from renter’s negligence or other misconduct.
We See'um Rentals Indemnity Agreement
RELEASE and INDEMNITY AGREEMENT:
Please read carefully. This Release & Indemnity Agreement contains a surrender of certain legal rights.
I (renter) agree:
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- to release & not sue We See’um Investors/Rentals, LLC, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees & costs) (hereafter ‘claim’ or ‘claims”) for any injury, damage, death or loss in any way connected with my or others participation in recreation activities &/or use of We See’um Investors/Rentals, LLC rental equipment. I understand & I agree here to waive all claim(s) I or others may have against We See’um Investors/Rentals, LLC & agree that I, nor anyone acting on my or others behalves, will make a claim against We See’um Investors/Rentals, LLC as a result of any injury, damage, death or other loss suffered by me or other participants;
- to indemnify (indemnify meaning reimburse by payment or otherwise) We See’um Investors/Rentals, LLC with respect to any & 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 others participation in recreation activities &/or my or any other person’s use of We See’um Investors/Rentals, LLC rental equipment.
- This Release & Indemnity Agreement includes claim(s) resulting from We See’um Investors/Rentals, LLC negligence & includes claim(s) for personal injury or wrongful death (including claim(s) related to emergency or medical response, assessment of treatment), property damage, products liability, breach of contract or warranty, claim(s) based upon or arising under admiralty or maritime law & any other claim.
Other Provisions:
I (renter) agree to accept full responsibility for the care of the equipment, to reimburse We See’um Investors/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. I agree that South Carolina State Law (without regard to its conflict of laws/rules) governs this Document, any dispute I have with We See’um Investors/Rentals, LLC. However, if a court determines that US Federal Law shall apply, as appropriate, in its place. I agree that any mediation, suit or another proceeding I engage in or assert against We See’um Investors/Rentals, LLC must be filed or entered into only in place of business or state court located in Beaufort County, South Carolina or in the United States Court for the District of South Carolina, located in Beaufort County, South Carolina. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable South Carolina mediator. I authorize We See’um affiliates and Fripp Island Employees/affiliates, contractors or other medical personnel to obtain or provide medical care for me, my spouse, child or other guest, to transport me, my spouse, child or other guest to a medical facility, and to provide treatment as necessary for my or others health. I agree to pay all costs associated with care and transportation. I authorize We See’um Investors/Rentals, LLC to take my or others, image or statement for advertising, sale, display, or other uses.
I AGREE I AM RENTING ‘AS IS’ AND THAT WE SEE’UM Investors/Rentals, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) WITH REGARD TO THE RENTED EQUIPMENT. This document is intended to be interpreted & enforced to the fullest extent of the law. If any portion of this Document is deemed unlawful or unenforceable it shall not affect the remaining provisions & those remaining provisions shall continue in full force and effect.
I (Renter):
I have carefully read, understand & voluntarily sign the Acknowledgement of Risks & Release & Indemnity Agreement & acknowledge that it shall be effective & binding upon me, my participating minor child, spouse, other family & anyone who uses this equipment & my heirs, executors, representatives, suborders & estate.
In addition, I understand that no one is authorized to operate a Golf Cart on the island without a valid Driver’s License. I understand a Learner’s Permit does NOT constitute a valid Driver’s License. I understand if someone is caught driving my cart without a valid Driver’s License, I will be subject to a fine & confiscation of the cart. Further, I will NOT be entitled to any cart rental refunds or credits. I accept the terms outlined in the agreement upon receipt of the equipment