I, agree that in consideration of being permitted to use Bear Lake Reserve’s (“Owner”) golf cart (“Cart”) located at 1540 Grandview Drive, Tuckasegee, NC 28783 at any time during the current golf season and do hereby release, waive, discharge, and covenant not to sue Owner, its members, employees, and agents from liability from any and all claims, including the negligence of Owner, resulting in personal injury, accidents or illnesses, including death, and property loss arising from use of the Cart.
Assumption of Risks: Use and control of a golf cart, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, from one location to another, from one individual to another, but the risks of driving, riding, or using a golf cart range from minor injuries to major and catastrophic injuries including paralysis and death. I understand and agree that it is my responsibility to assess the hazards presented by my use of said Cart and further agree that I am the ultimate judge as to whether I can use the Cart without risk of harm to myself and others.
Indemnification and Hold Harmless: I also agree to defend, indemnify, and hold harmless the Owner, its members, employees, and agents from and against any and all claims, demands, actions, or causes of actions for costs, attorney’s fees, expenses, or damages to personal property, or personal injury, or death, which may result from any use of the Cart.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risk is intended to be as broad and inclusive as is permitted by the law of the State of North Carolina and that is any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Users: I understand and agree that only adults eighteen years of age or older that sign this agreement and hold a valid state Driver’s License shall be allowed to operate the Cart. Furthermore, I understand that I must observe all state and local traffic laws.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue the Owner, its members, employees, and agents. I also understand that this agreement binds by heirs, executors, personal representatives, attorneys-of-law, attorneys-in-fact, administrators and assigns, as well as myself. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I hereby assert that my use of said Cart is voluntary and that I knowingly assume all such risks incident to using said Cart.
Furthermore, I represent that I am familiar with the operation and use of such golf cart, that I have read the rules and regulations contained herein, and that I am capable of operating the golf cart safely and in accordance with said rules and regulations
