Equipment & Activities
Cart Use Rules
As a condition of being permitted to use and operate a golf and/or resort cart (the “Cart”) provided by The Abaco Club, the following rules must be followed:
1. In order to operate the Cart, Operator must be at least sixteen (16) years old and possess a valid license to drive a motor vehicle.
2. Operator is strictly prohibited from using the Cart while under the influence of alcohol or drugs.
3. Operator may only use the Cart to transport him/herself and his/her passengers to and from the facilities within the designated boundaries of The Abaco Club, and the Cart may not be operated on public roads, or in any areas that are under construction. The Carts used for this transportation purpose are not permitted to be used on The Abaco Club’s Golf Course.
4. In order to operate a Cart, the Operator must register with and be assigned a specific Cart by The Abaco Club.
5. The Cart must be driven with caution and at an appropriate speed for the area, and in no event may the Cart be driven at a speed in excess of five (5) miles per hour.
6. The Cart shall only transport the number of people permitted in each Cart (seat numbers) and shall never be operated at over the maximum capacity of the Cart.
7. Operator must immediately report to The Abaco Club any personal injuries or damage caused by or to the Cart.
8. Operator must comply with all local laws and The Abaco Club Rules and Regulations.
Release & Indemnification Agreement
In consideration of the opportunity of the undersigned (hereinafter “Guest”) to use or operate equipment, including without limitation, golf and resort carts (“Carts”), playground equipment, and water toys such as canoes, kayaks, paddle boards, water bouncers, slip and slides, etc. (collectively, with Carts, the “Equipment”) and/or to participate in activities (“Activities”) at The Abaco Club on Winding Bay (“Abaco Club”) and other good and valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, I hereby agree, intending to be legally bound as follows:
1. I recognize there are certain risks involved in participating in the use and operation of the Equipment and participation in the Activities including, but not limited to, bodily injury and death, and assume such risks on my own, and on behalf of my minor children, as a condition precedent to being permitted to use and operate the Equipment and/or participate in any such Activities.
2. For myself, my minor children, and my successors and assigns, I hereby waive any claim for damages of any nature and release and forever discharge The Abaco Club, The Abaco Sporting Club Ltd., and each of their respective officers, directors, stockholders, agents, insurers, employees, parent companies, subsidiaries, successors and assigns (“Indemnified Parties”) from any and all actions, costs, suits, demands, claims, damages, losses and liabilities (including reasonable attorney’s fees) of any type or kind whatsoever arising out of or caused by my use and operation of the Equipment and/or participation in any such Activities and/or by my minor children’s use and operation of the Equipment and/or participation in any such Activities.
3. I (on my behalf, and as a parent/guardian of a guest under the age of eighteen (18)) agree to indemnify, defend and hold harmless the Indemnified Parties from and against all liability, claims, suits, demands, judgments, costs and expenses (including attorneys’ fees) to which any or all of them may be subject by reason of any claim for, any injury to or death of any person or persons, or for damage to property or otherwise arising from or in connection with my use or operation of the Equipment and/or participation in Activities and/or my minor children’s use and operation of the Equipment and/or participation in any such Activities.
4. I acknowledge receipt and review of the Cart Use Rules, attached hereto, and I have read this Release and Indemnification and fully understand that it is a release of liability.
