PUT-IN-BAY GOLF CART RENTAL AGREEMENT
Put-in-Bay Golf Carts, LLC
399 Loraine Ave., Put-in-Bay, Ohio 43456
This Agreement is entered into between Put-in-Bay Golf Carts, LLC (‘Company’) and the undersigned renter (‘Renter’). By signing electronically or physically, Renter agrees to all terms below.
1. DRIVER ELIGIBILITY
Renter certifies that all drivers are at least 21 years old and possess a valid driver’s license. Renter assumes responsibility for all operators of the golf cart during the rental period. Driver/operator must match the drivers’ license(s) on file. Renter affirms that they are physically and mentally fit to operate the vehicle.
2. COMPLIANCE WITH OHIO LAW
The golf cart shall be operated in compliance with all portions of the Ohio Revised Code, Put-in-Bay Township and Village of Put-in-Bay ordinances. Golf carts must follow all traffic laws applicable to motor vehicles.
3. PUT-IN-BAY OPERATING RULES
The golf cart shall NOT be operated on South Bass Island State Park property or private property without permission, or off paved roadways. The cart may not carry more passengers than available seats (4 persons for 4-passenger cart, 6 persons for 6-passenger car, 8-persons for 8-passenger cart). All passengers must remain seated while the vehicle is moving. Seat belts must be worn where installed. The driver of the vehicle must refrain from using a cell phone at all times while operating the vehicle. The vehicle may only be operated when safe weather conditions permit.
4. CHILD SAFETY SEATS
Per Ohio law, Children who are up to four (4) years old and less than forty (40) pounds are required to be in a child safety seat or any child who is eight (8) years old or less and under four feet nine inches (4’9″) in height are required to be in a booster seat. Company is not liable for providing child seats or booster seats, but may at its choosing. Company is not liable for the proper installation of child-seats, which must be installed by the driver or parent. Renter shall comply with all Ohio child restraint laws.
5. NIGHT OPERATION
When operating after sunset, headlights, turning signals, license plate light, and tail lights must be illuminated, visible, and operational. If poor visibility conditions exist, the Renter shall not operate the vehicle.
6. PUT-IN-BAY NOISE ORDINANCE
Renter agrees to comply with Village of Put-in-Bay noise regulations including restrictions on excessive noise or amplified music from the vehicle. Quiet hours are typically enforced between 10:00 PM and 7:00 AM. Violation may result in immediate termination of rental with no refund.
7. PROHIBITED USES
The golf cart shall not be operated under the influence of alcohol, drugs or prescription medications that impair judgment, by an unlicensed driver, in a reckless manner, in races or stunts, for towing, or outside South Bass Island. Driver shall not allow any passengers to consume alcohol or illegal drugs or obstruct the view of the Renter while operating the vehicle. Violation may result in immediate termination of rental with no refund.
8. VEHICLE CONDITION
Renter acknowledges the cart was inspected prior to rental and accepted in safe operating condition. Any damage must be reported before leaving the rental location. Renter shall be responsible for any damage not reported at the outset of the rental.
9. DAMAGE RESPONSIBILITY
Renter agrees to pay for all damages including collision damage, property damage, diminished value of the vehicle, tire damage, broken parts, missing keys, towing, administrative fees, and loss of use at a rate of $100/day. Damage to the vehicle shall not exceed the cost of a like-kind replacement vehicle. Renter authorizes Company to charge the credit card provided for these costs. The most common of these costs are included under “Terms and Conditions”, Addendum A.
10. LOSS, THEFT, OR NON-RETURN
Renter is responsible for the full replacement cost of the golf cart if it is lost, stolen, or not returned. Wheel locks are provided for overnight rentals to help ensure the safety of the cart. Failure to utilize the lock is at the risk of the Renter. Renter shall ensure the lock is present and functioning properly at the time of rental. A repossession fee of $50.00 shall be assessed if Company has to retrieve a non-returned, overdue cart.
11. Security Deposit
Security Deposit. At the time of rental, Company may require a security deposit of up to Two Hundred Dollars ($200.00), which may be collected by credit card authorization (temporary hold) or in cash. The Security Deposit is intended solely as security for Renter’s performance of this Agreement and is not a limitation of Renter’s liability. Company may apply all or any portion of the Security Deposit to amounts due under this Agreement, including, but not limited to, physical damage to the Golf Cart or its accessories, cleaning charges, missing equipment, towing or recovery expenses, administrative fees authorized by this Agreement, unpaid rental charges, citations, tolls, fines, penalties imposed by governmental authorities, or any other amounts Renter is obligated to pay under this Agreement. If the amounts owed exceed the Security Deposit, Renter authorizes Company to charge the balance to the payment method provided or otherwise collect the remaining amount by any lawful means. If no amounts are owed, the unused portion of the Security Deposit will be released or refunded within a reasonable time after the Golf Cart is returned, subject to any delay imposed by the card issuer or financial institution.
12. ASSUMPTION OF RISK
Renter, on behalf of themselves and all passengers in the rented vehicle, VOLUNTARILY AND EXPRESSLY ASSUMES ALL RISKS associated with the rental and operation of a golf cart, including but not limited to: (a) collisions with vehicles, pedestrians, cyclists, fixed objects, or other obstacles; (b) injury resulting from driver error, inattention, distraction, or impairment; (c) ejection from the open-sided vehicle during sudden stops, sharp turns, or collisions; (d) injury to passengers due to sudden acceleration, deceleration, or lateral movement; (e) operation at night or in reduced visibility conditions; (f) unfamiliarity with local roads, traffic patterns, and hazards; (g) weather-related hazards including wet roads, wind, and reduced visibility; (h) mechanical failure of components subject to normal wear; (i) third-party negligence by other drivers, cyclists, or pedestrians; (j) hazards created by road conditions, surfaces, or obstacles; and (k) any other risk inherent in operating a low-speed open-sided vehicle on public and private roadways. Renter acknowledges that golf carts do not provide the same occupant protection as enclosed motor vehicles and that the risks of injury in a collision are materially greater. THIS ASSUMPTION OF RISK IS INTENDED TO BE AS BROAD AS PERMITTED UNDER OHIO LAW.
13. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
TO THE FULLEST EXTENT PERMITTED BY OHIO LAW, AND IN CONSIDERATION OF THE RENTAL OF THE GOLF CART, RENTER, FOR THEMSELVES AND ON BEHALF OF ALL PASSENGERS, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Put-in-Bay Golf Carts, LLC, its members, managers, officers, employees, agents, successors, and assigns (collectively, ‘Released Parties’) from any and all liability, claims, demands, causes of action, and damages of any kind arising out of or relating to the rental, possession, or operation of the golf cart, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF THE RELEASED PARTIES, whether for personal injury, property damage, wrongful death, or otherwise. RENTER UNDERSTANDS THAT THIS RELEASE INCLUDES CLAIMS FOR THE RELEASED PARTIES’ OWN NEGLIGENCE. This Release does not apply to acts of intentional misconduct. Renter has read this Release, understands its terms, had the opportunity to consult with legal counsel, and signs it voluntarily.
BY SIGNING BELOW, RENTER ACKNOWLEDGES THAT THIS IS A SIGNIFICANT LEGAL DOCUMENT.
14. MANDATORY ARBITRATION; WAIVER OF JURY TRIAL; CLASS ACTION WAIVER
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE RENTAL OF THE GOLF CART, INCLUDING CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR OTHERWISE, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, IN OTTAWA COUNTY, OHIO. THERE IS NO RIGHT TO A JURY TRIAL. THE PARTIES WAIVE ANY RIGHT TO PURSUE CLAIMS ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. This provision is enforceable under the Federal Arbitration Act (9 U.S.C. §1 et seq.) and Ohio Rev. Code §2711. Emergency injunctive relief to prevent irreparable harm (including cart recovery) may be sought in a court of competent jurisdiction without waiving this arbitration agreement.
15. INDEMNIFICATION
Renter agrees to defend, indemnify, and hold harmless the Company from any claims, lawsuits, legal expenses, or attorney fees arising from renter’s possession or operation of the golf cart and shall provide prompt notice to Company of the same. Renter represent that they carry personal automobile liability insurance with state minimum bodily injury limits, or alternatively that they accept full financial responsibility for all claims without insurance coverage or for which their insurance coverage is inadequate. Company expressly reserved the right to seek reimbursement from Renter’s insurer.
16. MOVING AND NON-MOVING VIOLATION FINES
Renter agrees that pursuant to ORC. 4521.09, and 4521.03, in the event Renter incurs penalties or fines for moving, non-moving, or other parking violations, Company shall forward the ticket to the Renter for payment. Should Renter not pay within 30 days, Company shall pay the ticket and shall bill the credit card associated with the rental or seek repayment. Renter agrees to reimburse Company as stated in this section. Renter also agrees to pay an additional $5.00 per occurrence of fines as stated in this section as an administrative fee for the labor and resources spent by Company to pay and administer such a fine, fee, or “ticket”.
17. ALCOHOL AND IMPAIRMENT CERTIFICATION
Renter CERTIFIES AND REPRESENTS that: (a) Renter has NOT consumed any amount of alcohol within the four (4) hours preceding this rental; (b) Renter is not under the influence of any drug, controlled substance, prescription medication, or other substance that impairs driving ability; (c) Renter WILL NOT operate the golf cart at any time after consuming alcohol or any impairing substance; (d) Renter WILL NOT permit any person who has consumed alcohol or any impairing substance to operate the golf cart; (e) Renter understands that Ohio ORC §4511.19 (OVI) applies to golf cart operation on public and private property open to the public, and that Renter may be criminally charged for OVI; (f) Renter understands that operating a golf cart while impaired creates extreme risk of death or serious injury to Renter, passengers, pedestrians, and other motorists; and (g) ANY IMPAIRED OPERATION CONSTITUTES AN INTENTIONAL ACT FOR PURPOSES OF THIS AGREEMENT AND RENTER AGREES THAT COMPANY’S LIABILITY RELEASE SHALL REMAIN FULLY EFFECTIVE AGAINST ALL CLAIMS ARISING FROM IMPAIRED OPERATION. The Company reserves the right to refuse rental to any person, or suspend the rental of any person suspected of impairment at Company’s sole discretion.
18. LATE RETURNS
Late returns may result in a minimum late fee of $35.00 plus hourly or additional daily rental charges. Such charges will be made automatically to the credit card on file or deducted from the security deposit. Hourly charges only for late return fees will be pro-rated to the nearest 15 minutes (.25 hour), and the daily fee will be assessed after 3 hours.
19. RENTAL TERMINATION
Company reserves the right to terminate the rental immediately for unsafe operation or violation of this Agreement with no refund. Common causes for immediate rental termination are: reckless operation (“exhibition driving”, “sport racing”), underage or unlicensed driver, overloading, driving under the influence, operating while intoxicated, off-roading, double parking, or private or public parking violation resulting in towing.
20. AUTHORIZATION TO CHARGE PAYMENT METHOD
Renter authorizes Company to charge the credit card or other payment method provided for all amounts due under this Agreement, including rental charges, extensions, damage, loss, cleaning, towing, recovery costs, administrative fees, fines, citations, and any other amounts for which Renter is responsible. This authorization survives the termination of the rental and may be exercised after inspection of the Golf Cart or receipt of third-party claims or governmental citations.
20. SMS TERMS & CONDITIONS AND POLICY
By providing your mobile phone number, you consent to receive SMS messages from Put-in-Bay Golf Carts, LLC related to our rental software.
You may opt out of receiving SMS messages at any time by replying with “STOP” to any SMS message you receive from us. After opting out, you will receive a confirmation message, and we will cease sending SMS messages to your number.
If you need assistance or have questions about our SMS service, reply with “HELP” to any SMS message you receive, or contact our customer support team at info@putinbaygolfcarts.com
Message frequency may vary.
Standard message and data rates may apply depending on your carrier.
Your phone number will be handled in accordance with our Privacy Policy, available at https://vquip.com/privacy-policy/. We do not sell or share your phone number with third parties except as required by law.
Phone numbers provided will not be used for marketing purposes.
21. GOVERNING LAW
This Agreement is governed by the laws of the State of Ohio without regard to conflict of law principles. Any court proceedings not subject to the Arbitration clause shall be brought exclusively in Ottawa County, Ohio. Renter consents to personal jurisdiction in Ohio. Any claim against Company must be filed within one (1) year of the date of the incident giving rise to the claim, notwithstanding any longer period provided by statute.
RENTER INFORMATION
See Rental Agreement
RENTAL INFORMATION
See Rental Agreement
PAYMENT METHOD
See Rental Agreement
ACKNOWLEDGEMENT
By signing below, Renter acknowledges they have read and understand the agreement and accept full responsibility for the golf cart during the rental period.
Renter Signature: __________________________
Renter Name: __________________________
Date: __________________________
Company Signature: __________________________
Representative Name: __________________________
Date: __________________________
OR as recorded in the Rental Software.
Addendum A
Damage Fees – This list is not meant to be a comprehensive, complete, or whole list of damages or fines assessed. It is a list of the most common damages. Renter is responsible for the cost of repairs as described in the Agreement.
Labor/Repair Fee: $20.00 per damaged part
Number Sticker/Decal: $10.00
Small Put-in-Bay Golf Carts Sticker/Decal: $5.00
Large Put-in-Bay Golf Carts with phone number Sticker/Decal: $8.00
Front Pushbar: $250.00
Wheel/Tire: $50.00
Headlight: $199.00
Front cowling: $400.00
Rear Cowling: $400.00
Taillight: $38.00
Steering Wheel: $100
Windshield: $100
Rearview Mirror: $25.00
Ignition Switch: $40.00
Seat Belt: $16.89
Front Axle: $129.99
Tie Rod: $127.99
Chassis/Frame: $1,500.00