Store Policy

RELEASE OF LIABILITY | Assumption of Risk
Purchaser understands that operating a cart or ATV at or near the speeds at which it is capable presents inherent and inevitable risks which can never be completely eliminated. Factors beyond the control of VCarts will affect the operational safety of the cart or ATV under these conditions. Such factors include, but are not limited to: (a) the skill and experience of the driver; (b) the performance by or on behalf of Purchaser of inspections, maintenance procedures, and repairs; (c) weather, lighting, and road or track conditions; (d) the presence of other vehicles; and (e) the speed at which the cart or ATV is driven. PURCHASER UNDERSTANDS AND ACCEPTS ALL RISKS ASSOCIATED WITH MOTOR VEHICLE OPERATION AND HIGH-SPEED DRIVING. Purchaser further understands that the operator may lose control when driving under such conditions, and Purchaser accepts all risks associated with any resulting loss of control.
 

Operating Requirements 
The following requirements apply to all operators:

1. Operators must be at least 16 years of age with a valid driver's license.

2. All operators must comply with local, city, and state driving rules and regulations.

3. Seat belts must be worn at all times while the vehicle is in operation.

4. The vehicle must be operated while the driver maintains full control at all times.

5. Carts and ATVs must be driven in compliance with the common rules of the road, adhering to all applicable traffic laws and regulations, regardless of whether they are being operated on service drives, sidewalks, or roadways.
    

Release and Covenant Not to Sue
PURCHASER AND HIS/HER SPOUSE, HEIRS, LEGAL REPRESENTATIVES, ASSIGNS, NEXT OF KIN AND INSURERS HEREBY RELEASE AND COVENANT NOT TO SUE VCARTS, AND ITS RESPECTIVE PARENT, SUBSIDIARY, AFFILIATED COMPANIES, AND JOINT TORT-FEASORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY AND ALL DAMAGES, LIABILITIES, CAUSES OF ACTION, JUDGMENTS, AND CLAIMS FOR PERSONAL INJURY, DEATH AND PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE USE OF THE CART OR ATV, WHETHER NOW EXISTING OR ARISING IN THE FUTURE.
 

Indemnity
Purchaser hereby agrees to indemnify and hold VCarts and its respective parent, subsidiary, and affiliate companies and joint tort-feasors, and their respective officers, directors, and employees, harmless from and against any and all damages, liabilities, causes of action, judgments, and claims for personal injury and property damage, and from any fees, expenses, or costs of any kind, including reasonable attorneys' fees, incurred in connection with any damages, liabilities, causes of action, judgments, and claims brought, claimed, or asserted at any time on account of the use of the cart or ATV.
 

Acknowledgment of Risk
The foregoing Release, Covenant Not to Sue, and Indemnity are given in recognition of the inherent dangers of motor vehicle operation and high-speed driving and with the knowledge that Purchaser or third parties could be injured or killed during use. The Release, Covenant Not to Sue, and Indemnity are intended to protect the released and/or indemnified parties should the Purchaser or a third party later raise claims of negligence, defective design, defective manufacture, failure to warn, or conditions which otherwise would support the imposition of compensatory or punitive damages.
 

Governing Law & General Provisions
This Agreement shall be governed by and construed in accordance with applicable state law. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.