Gem Beach Marina– Golf Cart Agreement
Requirements/Rules For Carts Operated on GBM property:
- Private carts will be allowed on GBM property only if this Agreement has been properly completed and signed and a appropriate decal obtained and displayed on the cart.
- Opera on of a cart is at the risk of the operator. Cart operators shall be held fully responsible for any and all damages that are caused by the use or misuse of the cart by the owner or others granted permission to use the cart. The cart owner shall fully reimburse GBM, its members, guests and affiliates for any and all damages that may be sustained or caused by reason of use or misuse including without limitation, damage to other carts and any property of GBM.
- The cart owner is responsible for ensuring that any party opera ng the cart will be restricted to those who are aware of and understand these Rules and who will operate the cart in a safe, prudent manner in compliance with this agreement.
- Each operator of a cart must be at least sixteen (16) years of age and possess a valid automobile driver’s license.
- All carts must be in good working condition and subject to the approval of GBM management.
- Carts may be operated from sunset to sunrise if equipped with working headlights and taillights. Otherwise carts may only be operated from sunrise to sunset.
- Pursuant to state and local regulations, carts may not be operated on township roadways. Please make yourself aware of the different street designations in and around GBM property. Local police may right citations for law violations both on public and private roadways.
- Driving a cart while impaired (including but not limited to alcohol, drugs, physical limitations) is strictly prohibited.
- The number of passengers and amount of cargo is limited to that which does not interfere with the safe opera on of the cart and/or compliance with the rules & regula ons.
- Carts may not be left dock side when the owner is not present. Carts shall be stored according to GBM policy in the assigned area. Carts left at the dock are subject to removal by marina personnel. GBM shall have no liability whatsoever for any resulting damage to the cart caused by such removal.
- The roadways in and around GBM property maybe shared by pedestrians and other motorized and non-motorized vehicles; operators of carts shall yield right-of-way to such other parties at all times.
- The speed limit is that which is safe given the circumstances including the presence of other vehicles and/or pedestrians bu tin no event is greater than the posted speed limits. Where no speed limit is posted, the limit is 12 MPH. Extreme caution should be exercised when operating vehicles in and around the storage buildings and work areas. Marina equipment shall always have the right of way.
- Viola on of these rules and regulations by the Cart Owner or those who the owner has allowed to operate the cart, will result in the revocation of cart privileges and/or suspension or termination of this agreement.
- Carts are not to be charged while in the storage building. Charging should take place at the dock only. Carts shall be parked in an orderly and considerate manner when stored in the building. GBM shall have the right to move any carts improperly parked and GBM shall have no liability for any damage caused by moving the cart.
- Access to the building for golf cart storage shall be limited to only those who have completed this agreement, provided proof of insurance, and have obtained the proper decal. A nominal fee shall be charged for this access.
Rules & Requirements: Permission to operate a golf cart within GBM property is a non-transferable and non-assignable privilege available only to cart owners who have complied with this agreement. The use of Carts within the GBM property is subject to conformance with the current Requirements/Rules as established by GBM, as set forth below on the reverse side, and as may be amended from me to me.
Termination: Notwithstanding anything contained herein to the contrary, GBM may at any me, without cause, terminate all us- age of Carts on GBM property, by giving cart owner wri en or verbal notice. All cart agreements terminate when a current dock contract is no longer in place between the cart user and GBM.
Cart Responsibility: GBM shall assume no responsibility for the cart at any me. The cart shall be kept in good repair and shall be maintained as necessary. Such shall be the sole responsibility and be done at the sole cost of the cart owner. GBM shall not be required or obligated to perform any maintenance, service or repairs to the cart. GBM will have no liability for any loss, vandalism, the , or damage to carts kept in storage or operated on marina property. Carts are stored and operated at the sole risk of the cart owner.
Proof of Insurance: Private cart owner shall obtain and at all times hereafter keep in force Comprehensive General Liability Insurance in amounts not less than two hundred and fifty thousand dollars ($250,000) for each claim with respect to any one death or bodily injury, five hundred thousand ($500,000) with respect to any one occurrence, and twenty five thousand dollars ($25,000) for all claims for property damage with respect to any one occurrence or combined single limit of three hundred thousand ($300,000) which includes bodily injury and property damage protection. The cart owner shall submit with this agreement a Certificate of Insurance.
Indemnification: Cart owner does hereby accept and assume all responsibility for liability connected with ownership and/or opera on of his/her cart. Cart owner hereby expressly indemnifies and agrees to hold harmless GBM, their affiliates, their officers, directors, agents, and employees from all liability of any kind or nature arising, directly or indirectly, from the opera on, use, or storage of the cart, and the cart owner hereby assumes full responsibility for any risk of bodily injury, death, or property damage that may be sustained by the cart owner, any other person using the cart, and by any person who may be struck or otherwise come into contact with the cart by way of the opera on, use or storage of the cart. Cart Owner agrees to indemnify and hold harmless GBM from any and all claims, liabilities, demands, causes of ac on, or expenses including attorneys’ fees and litigation costs, arising by, through, or under Cart Owner’s storage or use by any other person of the cart, whether same arises in whole or in part from the negligence of GBM or the ordinary negligence , gross negligence, and willful misconduct or any third party, and whether such is the sole or concurring cause of the bodily injury, death, or property damage.
CART OWNER HEREBY DECLARES THAT HE/SHE HAS READ THIS RELEASE AND WAIVER OF LIABILITY, CART OWNER UNDERSTANDS IT IS A RELEASE OF ALL CLAIMS THAT MAY BE RAISED BY, THROUGH, OR UNDER THE OWNER BY OTHERS. THE CART OWNER HAS READ THE COVENANT OF INDEMNITY AND UNDERSTANDS THAT IN THE EVENT OF ANY CLAIM AGAINST GBM, THE CART OWNER MAY BE RESPONSIBLE FOR DAMAGES, ATTORNEYS’ FEES AND COURT COSTS INCURRED BY GBM. THE CART OWNER UNDERSTANDS AND ASSUMES ALL RISK, TO THE EXTENT THERE IS ANY SUCH RISK, INHERENT IN THE STORAGE, OPERATION, OR USE OF THE CART.