PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of Boli, Inc., their agents, owners, officers, volunteers, personnel, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Boli, Inc.”), I hereby agree to release, indemnify, and discharge Boli, Inc., on behalf of myself, my spouse, my children, my parents, my heirs, guest, assigns, personal representative, and state as follows:
- I acknowledge that my participation in golf cart activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Boli, Inc. for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Boli, Inc.
- The risks include, among other things: slip and falls; collision with fixed objects or people; exposure to the elements could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; equipment failure or operator error; accidents involving other vehicles; falls from the cart; the negligence of other operators of vehicles or myself; transmissible pathogen or disease; weather conditions; my own physical condition; contact with animals or insects; all of which could result in musculoskeletal or other injuries including head, neck, and back injuries.
- I certify that I have adequate insurance to cover any injury, or damages, I or any driver may cause or suffer while participating, or else I agree to bear the costs of such injury or damages to myself, the unit or the property. I further certify that I am willing to assume the risk of any medical or physical condition I may have. I agree to provide proof of auto coverage and further agree that only the insured listed drivers will be allowed to drive the cart.
- In the event that I file a lawsuit against Boli, Inc., I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable the remaining document shall remain in enforced in its entirety. I also agree to be liable for all my own & BOLI Inc. legal fees & court cost.
- I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Boli, Inc., or the employees, representatives, or agents of Boli, Inc., including but not limited to:
- All drivers must have a valid driver's license and seatbelts must be worn.
- Driving on Hwy 87, TX 87 Frontage/Easements, on the dunes and on private property is strictly prohibited.
- No driving or parking golf carts in the surf or salt water
- No leaving carts unattended.
- All drivers must follow the Texas State Laws for Golf Cart Use in Galveston County http://sheriff.galvestoncountytx.gov/Forms/GCSOGolfCart.pdf
- No driving under the influence of alcohol or drugs and no open containers of alcohol in the golf cart. See: https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html
- FEES. I agree to pay for all damages to the property of Boli, Inc. caused by any negligent, reckless, or willful actions by me, my family, or any other participants that I let operate or transport on the cart during my rental. If I break or damage the golf cart I will be fully responsible for its repair or replacement. Damage To Beach Cart Will Result In Customer Being Charged For The Cost Of Towing & To Repair Damage To Beach Cart Or In The Event Of A Total Loss, The Cost To Replace Beach Cart. There Will Also Be a $75.00 Charge Per Day To The Customer For Each Day That The Beach Cart Is Unable To Rent.
- Loss Of The Beach Cart Keys Will Be At A Cost To The Customer Of $50.00 Per Lost Key
- Loss Of The Provided Lock Will Be At A Cost To The Customer Of $37.00
- Loss Of The Provided Jumper Cables Will Be At A Cost To The Customer Of $30.00
- Loss Of The LED Whip/Flag Will Be At A Cost To The Customer Of $120.00
- Loss Of Lock Boxes Will Be At A Cost To The Customer Of $20.00
- Loss Of G3 Bazooka Will Be At A Cost To The Customer Of $870.00
- CART STEREO & CART PARTY LIGHTING – Are not guaranteed or promised to be working during your rental. ( Carts will not be swapped out, exchanged, or replaced in anyway if there is an issue with either )
- BOLI is not responsible for any unforeseen weather related issues with your rental.
- BOLI reserves the right to change your cart selection for your rental with an equal replacement if a cart is down for maintenance or repair. ( Color is not guaranteed, promised, or considered equal replacement )
- A copy of your Valid Driver's license and Current vehicle insurance is required for the rental.
- Rental: Day Rentals Start at Time Of Rental And End 24 Hours Later. ( Example: Rented Monday At 9:00AM / Return Next Day Tuesday At 9:00AM )
Week Rentals Start at Time Of Rental And End On The 7th Day. (Example: Rented Monday At 10:00AM / Return 7 Days Later Monday At 10AM)
Half Day Rentals Are Offered Twice A Day. (9:00AM To 1:00PM Or 2:00PM To 6:00PM ) ( No Over Nights Available / Same Day Only)
Carts Not Returned On-Time Will Resort In:
- $150.00 20-Minutes Late To 1-Hour Late
- Half Day Rental Rate + Charge For #1 ( $150.00 ) 1-Hour To 5-Hours Late
- Full Days Rent + Half Day Rental Rate + Charge For #1 ( $150.00 ) 5-Hour To 24-Hours Late
BOLI Inc. / Operating Hours:
****Carts Can Only Be Returned During Business Hours & Must Be Checked - Out & Checked - In With A Boli Inc. Employee.****
Monday - Friday 9:00AM - 6:00PM
Saturday & Sunday 9:00AM - 6:00PM
Customers Are Fully Responsible For The Cart & Keys Until Cart Is Checked In.
If Assistance Is Needed During Your Rental Or In The Event That A BOLI Inc. Employee Is Not Onsite At The Time Of Your Return, Please Call 346-490-BOLI ( 2954 )
Our Carts Our Booked In Advance & Keeping Cart Past Agreed Upon Return Time Affects Others Reservations. Please Return Cart At Agreed Upon Return Time To Avoid Additional Charges.
By Signing & Agreeing to these Terms & Conditions you are prevented from recovering compensation from injuries or damages. I also agree that this document is valid for subsequent visits and participation at BOLI Inc. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms & conditions in every way.