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Golf Scooter Hire Agreement

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WAIVER/RELEASE/INDEMNITY – VOLUNTARY ASSUMPTION OF RISK

Gosnells Golf Club Inc. (GGC) has golf scooters for hire (Scooter).


Using a Scooter to transport yourself and your equipment around the course is an inherently dangerous recreational activity that carries significant, obvious, and unavoidable risks.


Warnings


For example, the ground on which you may choose to take the Scooter is uneven and may include patches of compacted and loose sand, trees, shrubs, tree-roots, grass, hills and depressions, bunkers and water hazards, and irrigation infrastructure (sprinklers and valve boxes and the like). That is not an exhaustive list.


Beyond the terrain-based risks, are the operator risks. There is the risk that you may collide with another vehicle, or with another person using the course, or with other physical features of the course. Lastly, but obviously, you may fall off while the Scooter is in motion.


Scooters will not be safe for all golfers to use. You should consider carefully whether a Scooter is safe for you. The GGC has no way of assessing your capacity to use a Scooter safely. If you are in any doubt, please do not hire one.


Using a Scooter safely requires balance, management of the Scooter’s speed and direction, and vision that is good enough for the rider to identify and avoid things and people with whom the rider and/or the Scooter might collide. It will also necessarily require sufficient skill and strength to park the Scooter safely as you play, and to safely put in motion as travel
around the course.


Rules


The GGC has created rules with which ALL operators MUST comply (Rules).


RULES

  • You must be at least 16 years of age to hire or use a Scooter.

  • You must not consent or permit anyone else to operate the Scooter you have hired.

  • You must not permit any other person to ride on the Scooter with you.

  • You must not exceed speeds that are safe in the physical and environmental

  • circumstances.

  • You must avoid taking the Scooter into any context is which it could be damaged.

  • You must not use, or continue to use a Scooter if you are impaired by alcohol or

  • other drugs.

  • You must return the Scooter to pro-shop staff as soon as is practicable after you

  • have completed your round of golf.

  • If you apply to hire a scooter, you warrant that:

  •  

  • you are physically able to use a scooter without creating a risk to health and safety

  • for yourself, other course users, and the golf course;

  • you have read, understood, and have agreed that you will abide by, the Rules;

  • you have sufficient experience in riding powered two-wheeled machines that you

  • can manage a scooter safely.

The GGC has relied on the warranties you have given, and you acknowledge that the GGC is entitled to rely on those warranties.


Waiver


In those circumstances, and with the exception of injury or damage caused by mechanical failure during normal use, you accept sole and complete responsibility for all incidents of all
kinds that are incidental to, or a consequence of, your use of a Scooter.
Release


You hereby release the GGC, its employees, officers and agents, from all liability of any kind arising from your use or mis-use of a Scooter.


Indemnity


If GGC becomes a party to litigation of any kind arising from your use of a Scooter, you agree to hold the GGC harmless for all losses, or costs incurred, including judgements, interest, and legal costs on an indemnity basis.


Damage


You agree that you are liable for the cost of replacing, recovering, repairing or restoring the
Scooter that you have hired if is lost, stolen or damaged while in your care.
Savings


If any portion of this agreement is found to be void or unenforceable, the remaining portions
shall remain in full force and effect.


The hirer acknowledges receipt of the Scooter in working condition apart from any noted
exceptions.

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