Cape May Beach Buggy Terms & Conditions
This is a legally binding release, waiver of liability and Assumption of the Risk Agreement (the “Agreement”). Please read it carefully before checking the box. In consideration for Cape May Beach Buggy, LLC ("Beach Buggy"), a New Jersey limited liability company, agreeing to take an individual (“Passenger”) on a golf cart transportation ride (“Ride”), Guest agrees to the following terms and conditions:
1. Passenger acknowledges and agrees that Passenger is embarking on a golf cart ride. Passenger assumes the risks associated with the Ride activities.
2. Passenger takes full responsibility for his or her own actions, safety and welfare. Guest further understands that he or she may be a member of a group of Passengers and that Passenger will conduct himself or herself in a way that does not endanger Passenger or the group on the ride.
3. Passenger agrees to exercise ordinary and reasonable care at all times. Passenger acknowledges and agrees that Beach Buggy shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Passenger's impaired judgment or negligence. Passenger waives any claim which Passenger, Passenger's heirs, successors assigns, spouse, family members or legal representatives may have against Beach Buggy arising from or as a result of any such accident, injury, theft, loss or damage caused by Passenger's impaired judgment or negligence.
4. Passenger acknowledges that it is Passenger's responsibility to provide for Passenger's own accident and health coverage while participating on the Ride. Beach Buggy does not provide for any accident or health coverage for any of its guests.
5. Passenger acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Passenger does not have any medical condition(s) that would prevent Passenger from using these methods of transportation or result in any injury or harm to Passenger as a result of using these methods of transportation. While Passenger understands and agrees that Beach Buggy will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Ride, Passenger understands that Beach Buggy assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
6. In consideration of Passenger’s participation in the various activities that comprise the Ride, Passenger understands and accepts the risks associated with participation in these various activities and agrees that neither Beach Buggy, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with Beach Buggy, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by Beach Buggy’s gross negligence or intentional malfeasance.
7. Passenger agrees and acknowledges that Beach Buggy shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Ride by Passenger, which may occur on or during the Ride. Passenger hereby expressly waives any claim which Passenger, Passenger’s heirs, successors, assigns, spouse, family members, or legal representatives may have against Beach Buggy arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Passenger brings on the Ride is brought at Passenger’s sole risk and is Passenger’s sole responsibility.
8. Passenger assumes the risk of and releases, defends, and holds Beach Buggy harmless for any liability, for any death, physical or other injury, loss, or harm suffered by during or as a consequence of Passenger’s participation or presence in or on any activity that comprises the Ride under any circumstances unless caused by Beach Buggy’s gross negligence or intentional malfeasance. Therefore, Passenger agrees to indemnify, defend, and hold Beach Buggy harmless against any liability, defense costs (including attorneys’ fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Passenger, Passenger’s heirs, successors, assigns, spouse, family members, or legal representatives, except to the extent that any loss or damage is caused by Beach Buggy’s gross negligence or intentional malfeasance.
9. This Agreement shall be binding on Passenger’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officers, officials, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with or connected to Beach Buggy in anyway.
10. Passenger acknowledges and agrees that Passenger has read and agrees to the Terms & Conditions as found on the website.
11. Passenger hereby gives full consent to Beach Buggy to use and publish Passenger’s likeness on Beach Buggy’s advertisements; Passenger acknowledges that Beach Buggy does not have to compensate Passenger in any way for the use of Passenger’s likeness on Beach Buggy advertisements. Likenesses include, but are not limited to photographs, images, renderings, and drawings of Passenger. Advertisements include, but not limited to Beach Buggy’s website as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines.
12. Passenger agrees that under no circumstances shall Beach Buggy be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if Beach Buggy was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by Beach Buggy.
13. To the fullest extent permitted by Law, all parties to this agreement voluntarily and knowingly, WAIVE THE RIGHT TO A TRIAL BY JURY after consulting with counsel (or after having waived the opportunity to consult with counsel). THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH OF PENNSYLVANIA. THIS WAIVER APPLIES IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING DIRECTLY OR INDIRECTLY TO THE TERMS OF THIS AGREEMENT. The parties’ reciprocal agreement to the waiver set forth in the foregoing sentence is a material inducement to the parties’ respective agreements to the other terms of this Agreement.
14. The parties to this agreement agree to cooperate by supporting and fully participating in all efforts to resolve disputes, complaints, claims and other problems that arise or are related to this agreement through mediation or through binding arbitration in accordance with the principles of the Uniform Arbitration Act, and other related laws of the Commonwealth of Pennsylvania. THE PARTIES MAKE THE FOREGOING COMMITMENT WITH FULL KNOWLEDGE THAT BY AGREEING TO SUBMIT DISPUTES TO BINDING ARBITRATION, THE PARTIES ARE AGREEING NOT TO RESORT TO THE COURTS OR THE JUDICIAL SYSTEM, AND ARE WAIVING THEIR RIGHTS TO DO SO. Should the parties not be able to resolve their dispute through mediation, each party will voluntarily submit to binding arbitration and shall appoint their own arbitrator. These arbitrators shall select a mutual third arbitrator, thus forming an “Arbitration Panel” that will then proceed to schedule the matter for disposition. In the event that the individual arbitrators are unable to agree on a neutral arbitrator, either party shall have the right to petition the Bucks County Court of Common Pleas to appoint a neutral arbitrator. In order to initiate the binding arbitration process, either party will submit a written request for arbitration to the other party, within a reasonable time following the unsuccessful mediation of their dispute.
15. Passenger acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement or the rights and obligations of any Passenger in connection with any Ride shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAVE SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I HEREBY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.