This Cart Rental Agreement (the “Agreement”) is entered into by Surfside beach buggy rental, LLC (“Surfside beach buggy rental”) and the undersigned, and all other signing this Agreement below as a Renter (whether one or more, the “Renter”). The Renter herby rents and hires from Galveston Golf Carts a cart ( the “Cart”) and agrees to the following term and conditions:
Each Renter who signs to accept the term of this Agreement warrants and represents to Surfside beach buggy rental,llc that:(i) Renter is 21 years of age or older; (ii) Renter has provided Surfside beach buggy rental,llc with Renters valid driver’s license, which has not been suspended or revoked, (iii) Renter verifies to Surfside beach buggy rental,llc that renter currently carries motor vehicle liability insurance coverage, (iv) Renter will not allow any person to drive Cart who has not signed this Agreement as a Renter and has been approved as a Renter by Surfside beach buggy rental,llc. Renter agrees to return the Surfside beach buggy rental,llc at the address for Surfside beach buggy rental,llc set forth above, on or before the Return Time on the Return date as set forth above. Renter agrees to pay Surfside beach buggy rental,llc a late fee if $30.00 for each half hour the Renter retains possession of the Cart after the required Return Time.
Renter is responsible for
returning the Cart to in a clean condition just as it was rented.
DO NOT PARK OR DRIVE ON ANY SIDEWALK ONLY DESIGNATED GOLF CART LANE AND PATHWAYS
Renter understands and agrees that the Cart may not be driven: (i) after dark according to surfside city law ii)at a speed in excess of 15 mile per hour, (iii) follow all surfside beach and Brazoria county laws provided below. Carts may not be driven in the water but only on hard packed sand.
Renter will not leave the Cart in gear or leave keys in the while unattended .
Please BLOCK GOLF CART IN at night to prevent theft. Use supplied lock.
Renter is aware that Golf carts seatbelts are provided with each golf cart and are to use them.
Surfside beach laws
- Vehicular traffic is permitted on the beach east of Highway 332 (drive-on beach). The pedestrian beach (west of Starfish) is always closed to vehicular traffic (including golf carts). That’s why it’s called the “pedestrian” beach.
- All vehicles driven on the beach (including golf carts) must have an annual beach pass and have it showing on the front left windshield.
- The speed limit on the beach is 15 MPH.
- The drive-on beach allows two-way parking at the water’s edge and at the dunes. On major holidays and weekends or during very high tide, the Chief of Police may determine that one-way traffic and/or temporary beach closure is necessary.
- All-terrain vehicles are not allowed on the beach. Any vehicles that are not street-licensed are not legal. Licensed and insured golf carts are permitted on the drive-on beach only. Drivers of golf carts must possess a driver’s license.
- City, state, and federal laws protect the dunes. Dunes are strictly off-limits to both pedestrians and vehicles. This is also for your safety, as snakes tend to live in the dunes.
- Horses are not allowed on the beach from May 15 through September 15. Horses are allowed on the beach during weekends from April 1 through May 15 and September 15 through October 31. Horses are allowed on the beach every day from November 1 through March 31.
- Camping is not permitted on the beach within the Village of Surfside Beach boundaries. Camping is permitted on the county beach located east of the city limits at Beach Access Entrance 1, located 3.0 miles east of Highway 332 on County Road 257 (Bluewater Highway).
- Campfires are permitted on the beach only if they are under control and no bigger than 3’ x 3’. Christmas trees and sand fences are for erosion control. DO NOT BURN THEM.
- No fireworks of any kind are allowed on the beach or within the city limits.
- Glass containers are not allowed on the beach.
- Keep sound systems at a volume that does not bother your neighbors.
- The State of Texas’s alcoholic beverage law prohibits public consumption of alcoholic beverages from 2:00 am Sunday until noon on Sunday as well as under the age of 21 consumption or possession.
- Keep dogs you take to the beach on their leashes.
- PLEASE DO NOT LITTER. Please use the trash receptacles provided at the beach or, better yet, take your trash with you.
Brazoria county park rules
· Park Staff and overnight campers and their guests, are the only ones permitted in the Park after dark. All non-overnight and/or day-use Park visitors must vacate the park by sundown each day.
· Vehicle parking is restricted to designated areas only.
· Possession of firearms is subject to applicable state laws, and all valid permits for open carry (LTC) and concealed carry (CHL) are required.
· Please honor the Park’s quiet hours for respect of overnight campground and cabin guests. Check with the Park office for specific quiet-hour times.
· No public display nor public consumption of alcohol while on Park premises. Please put alcoholic beverages in unmarked containers, or keep inside your tent, RV or cabin. This applies to all Brazoria County Parks, except Camp Mohawk—where no alcoholic beverages are permitted.
· Please pick up all trash-litter and dispense into nearby receptacle bins.
· No glass bottles or glass containers are permitted inside Brazoria County Parks.
· Please keep your campsite neat and tidy; excess clutter and /or litter is unsightly, unsafe and may endanger local wildlife.
· Please show courtesy toward all other park guests. Bad, inappropriate, profane, lewd, drunken, unlawful or otherwise undesirable behavior will not be tolerated. Brazoria County Parks are intended to be safe, family-oriented environments, and will be preserved as such at all times.
· Please demonstrate respect for all fish and wildlife species, as this park is their home, and people are the guests. Statewide fishing license, length and bag limit requirements apply.
· Pets are welcome, but should be on a leash at all times; this is for their own protection, protection of other park guests, and for protection of native wildlife species.
· No one younger than 12 years of age may operate a golf cart inside Brazoria County Parks. If children ages 10 or younger are to be passengers, then a licensed driver must operate the golf cart.
· No use of metal detectors inside Park property. All articles, artifacts, plants, animals, stone, sand, metal or other minerals or items should not be removed from Park property.
· Park guests should become familiar with all other relevant policies, evacuation procedures and local code enforcement that may apply to them during their stay in Brazoria County.
· All interpretation of park rules is subject to discretion of Park staff—who represent the final authority and jurisdiction while visitors remain on park property. Thank you, and have a safe and enjoyable visit to Brazoria County Parks.
Renter understands and agrees that Renter is responsible for obeying all traffic laws, rules and regulations of the city and state, including speed limits and parking violations, parking tickets are $50, and any other tickets have a admin fee of $70. Surfside beach buggy rental, llc. is not responsible for Renters violation of any such laws and Renters will be solely responsible for paying any traffic fines or penalties regarding the operation of the Cart.
Renter understand and agrees that Surfside beach buggy rental,llc. may peaceably repossess the Cart from the Renter, or any person, without notice, if: (i) the Cart is not returned to Surfside beach buggy rental as required by this Agreement, (ii) the Renter has breached any term of this Agreement, (iii) any representation or warranty of Renter in this Agreement proves to be untrue, (iv) there is a pending emergency or natural disaster (and “Emergency”) and Surfside beach buggy rental, llc., in its discretion determines it is necessary to take possession of the Cart in order to protect it. Should a Cart be repossessed because of an emergency, then Renter will only be charged for that portion of the rental period in which Renter had possession of the Cart, and in all other cases of repossession, the Renter will not be entitled to any refund and will be charged for Surfside beach buggy rental cost including a $100 fine.
Renter acknowledges and agrees that, (i) the cart is the rightful property if Surfside beach buggy rental,llc. and Renter has no rights to the Cart other than as granted in this Agreement, (ii) Renter will return the Cart together with all accessories and accouterments to Surfside beach buggy rental,llc. in the same condition as Renter received the Cart, normal wear and tear excepted.
Renter agrees to pay Surfside beach buggy rental, llc the cost of replacing any lost or stolen Cart, $25 charge for lost keys,, $25 for lost locks, $250 for lost or stolen charger and any other lost or stolen equipment, and the cost of repairing any damage to the Cart, including parts, shipping, labor, expenses of transporting the Cart, or other property, to and from point of repair, and regular rental fee covering the time the Cart is out of service as a result of such damage, and any contractual fines. Renter agrees that should the Cart be Lost or Stolen or should the cost to the repair a damaged Cart be in excess to the fair market value of the Cart, then Renter will be responsible for paying Surfside beach buggy rental,llc the necessary to replace, plus the regular rental fee covering the time it takes Surfside beach buggy rental,llc to acquire a replacement Cart. Cost of the repairs will be determined by Surfside beach buggy rental,llc. mechanic and an estimate for such repairs will immediately be charged to
Renter’s Credit Card. Once repairs are completed, then any additional amounts necessary to complete the repairs in excess of initial estimates will be charged to Renter’s Credit Card/ if Renter does not pay for repairs, Surfside beach buggy rental,llc will consider the damage an act of ‘ criminal mischief’ and file charges with Surfside or Freepoert Police Department.
Renter agrees that : (i) Renter will become familiar with the controls and operation of the Cart before driving same and will request instruction regarding the operation of the Cart from Surfside beach buggy rental,llc should Renter have any questions, (ii) the Cart will, at all times, be operated in a safe and legal manner as prescribed by all laws and regulations applicable to the area in which the Cart is operated. (iii) the Cart will not be used for any unlawful purpose, (iv) the Cart will only be used for personal transportation and will not be used for any business or commercial purpose, (v) the Cart will not be used in any dangerous, carless, reckless, or negligent manner, including speeding, racing, or jumping the cart, (vi) the Cart will not be operated by any persons who is impaired or under the influence of alcohol, narcotics, or any drug or any hallucinogenic substance, (vii) the Cart will not be operated by any persons who has not signed this Agreement as a Renter and has been authorized by Surfside beach buggy rental,llc (viii) in case damage to the Cart Renter will immediately Surfside beach buggy rental,llc and will not operate the Cart until Surfside beach buggy rental,llc had inspected same and has determined that it is safe to operate the Cart. Surfside beach buggy rental,llc is not responsible for any damage or theft to Renters Cart left on the lot where Surfside beach buggy rental,llc operates. Definition of “reckless” is determined by Surfside beach buggy rental,llc at their sole discretion.
Renter understands and agrees that if the Cart should become inoperable due to a mechanical failure, through no fault of Renter, then Surfside beach buggy rental,llc will take responsible steps to repair or replace the Cart within a reasonable amount of time and Renter will be entitled to a credit or refund and only be charged for time used by Renter according to Galveston Golf Carts published rates if Galveston Golf Carts is unable TO REPAIR THE Cart or Provide a replacement Cart. Otherwise NO REFUNDS APPLY. Renter should call 361 746 4588 immediately to report any mechanical failure.
Renter agrees and understands that driving and operating the Cart involves substantial risk and Renter fully appreciate, accepts, and assumes all such risk. Accordingly. Renter agrees to and does to the fullest extent permitted by applicable law herby indemnify and hold harmless Surfside beach buggy rental, LLC and each of its officers, directors, shareholders, agents, representatives, employees, landlord, and affiliated entities (collectively the “indemnified Parties”) from and against any claims, losses, damages, cause of action, suits, and liability of every kind including, without limitations, all fines, penalties, assessments, expenses of litigation or administrative proceedings, court cost, and attorneys fee (collectively a “Loss”) occurring at anytime after the Cart is provide to Renter under this Agreement and which Loss arises out of
or relates in any manner to: (i) any personal injury to or death of (x) renter, (y) any Renter’s passengers, guest or invitees, or (z) any third party; (ii) any and all damages to any property of (x)Renter, (y) any of Renters passengers, guest or invitees or (z) any third party; (iii) any fine, penalty or Assessment related to the operation of the Cart, including without limitation, traffic fines; (iv) any environmental damage, including, without limitation the release or discharge of any hazardous material from the Cart; (v) any breach by Renter of any renters covenants or obligations hereunder: (vi) any loss or damage to the Cart. Renter is obligated to fully and completely indemnify and hold Surfside beach buggy rental,llc harmless hereunder even if the Loss should arise from or be attributed to the active or passive, sole, joint, concurrent or comparative negligence of any of the Indemnified Parties, and whether such Loss is based on strict liability ,warranty or otherwise. The indemnity obligations of each Renter under this paragraph and all other obligations and covenants of each renter under this Agreement: (i) shall survive the expiration or termination of this Agreement; (ii) shall be the joint and several obligations of each Renter under this Agreement.
This Agreement is performable in Brazoria County, Texas. This Agreement is to be construed, interpreted and enforced under the laws of the state of Texas and exclusive jurisdiction for any dispute arising under this Agreement will be in the state of Texas with venue for any such action to be in the state or federal courts of authority to hear cases in Brazoria County, Texas. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the reaming provisions will nevertheless be enforceable.
This Agreement shall be binding upon: (i) Renter and Renters heirs, successors and permitted assigns, and (ii) Galveston Golf Carts and its successors and assigns. This Agreement is not assignable by Renter.
Upon return of the Cart, Renter will be entitled to a return portion of the Security Deposit remaining after deduction for any fees or charges authorized under this Agreement or any damage to the Cart.
Renter herby authorizes Surfside beach buggy rental,llc to file an insurance claim with renter’s insurance carrier on Renters behalf regarding any Cart Damage, personal injury, or other property damage occurring during the rental period and Renter agrees to fully cooperate with Surfside beach buggy rental,llc and renter’s insurance carrier in filing such claim and pursuing payment therefore
Renter herby authorizes surfside beach buggy rental,llc. to charge Renters credit card for any amounts or charges due and owing under this Agreement, including, without limitation, the rental fees, the deposit, any late charge, any
refueling fee and any damage to, or loss of the Cart, No refunds for reservations canceled within 48-hour time period before the start date and time of reservation. All other cancellations incur a $50.00 cancellation fee.
Surfside beach buggy rental, LLC reserves the right to refuse to rent a Cart to anyone, including Renter, who made reservation, but does not meet the requirements for a Renter as set forth this Agreement