When you rent one of our carts, you will be asked to sign this release.
RELEASE OF LIABILITY : READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for renting a Electriquette from the Electriquette Motor Cart Company, of San Diego, California, and use of the property and facilities of Balboa Park, I, the undersigned, agree for myself and (if applicable) for the members of my family to the following:
- I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the employees, representatives or agents of the Electriquette Motor Cart Company.
- I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge the Electriquette Motor Cart Company and the City of San Diego for injury, loss or damage arising out of my or my family’s use of the Electriquette motor cart, or presence upon the facilities of Balboa Park, whether caused by the fault of myself, my family, or other third parties.
- I agree to indemnify and defend the Electriquette Motor Cart Company, its employees and agents, and the City of San Diego against all claims, causes of action, damages, judgments, costs or expenses, which may in any way arise from my or my family’s use of the Electriquette motor cart or presence upon the facilities of Balboa Park while operating the Electriquette motor cart.
- I agree to pay for damages to the Electriquette motor cart and the facilities of Balboa Park caused by my or my family’s negligent, reckless, or willful actions.
- Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
- I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
- This Agreement and each its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered under the American Arbitration Association in accordance with Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
I have read the agreement and agree to its conditions.