POWER CART WAIVER
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF
RISKS AGREEMENT (hereinafter the “release agreement”) BY SIGNING THIS DOCUMENT YOU WILL
WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
RENTAL AGREEMENT
- I accept full responsibility for the care of the equipment I have rented (the “equipment”) and I agree to pay for any damages to the Equipment and replace at full retail value any equipment not returned by the agreed date.
- I am familiar with the proper use of equipment. I understand that the proper staff is able to answer questions I may have as to the proper use of the Equipment. In this Release Agreement the term “Golfing” includes use of all Club facilities, including, without limitation, fairways, greens, driving range, restaurants, and parking lots, rental, and use of golf equipment and motorized golf carts, and all other activities including involvement as a participant or spectator at group events, clinics, lessons, tournaments, and competitions which take place at the Club.
ASSUMPTION OF RISKS
I agree to assume all risks and hazards of golfing including but not limited to: slips and falls; being hit by stray golf balls or golf clubs; accidents or collisions involving power carts; lightning strikes; encounters with domestic and wild animals; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons; and negligence on the part of The Poppy Estate Golf
Course and their respective directors, officers, shareholders, employees, instructors, guides, agents, volunteers, independent contractors, subcontractors, sponsors, representatives, successors and assign (hereinafter collectively “the releasees”). I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of Golfing.
RELEASE OF LIABILITY
I agree to waive any and all claims and to release the Releasees from any and all liability for any loss, damages, expense or injury, including death, that I may suffer as a result of Golfing due to any duty of care owed under the Occupiers Liability Act, R.S.B.C 1996. c.337 on the part of the Releasees. I understand that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of Golfing. I agree that any litigation involving the Releasees shall be brought solely within the Province of British Columbia. I further agree that these conditions and any rights, duties, and obligations as between the Releasees and myself shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction.
INSTRUCTIONS
- Only two persons and two golf bags allowed at anytime. No pulling of hand carts or persons.
- No minors permitted to operate cart at any time.
- Emergency brake must be applied when parked.
- Keep both feet inside car when moving.
- Be sure that operator is sitting down and in full control of car and has checked directional switch or key position to ensure that it is in the proper position before releasing emergency brake or touching the throttle of the power cart.
- Cart must stay on cart path around greens and tees.
- Power cart must stay on cart path on all par 3’s and around greens and tee boxes on all par 4’s
- LESSOR reserves the right, and LESSEE acknowledges said right, to take possession of car without any refund of fee, when any of these instructions are violated by LESSEE.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT ON THIS FORM AND I AM AWARE THAT BY
SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGN & REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.