HOME OF THE SELF SERVE NO CONTACT CART RENTAL
%20(Copy).png/:/rs=h:104,cg:true,m/qt=q:100/ll)
Bodega Adventure Rentals - Self Serve No Contact Rentals
Terms & conditions
Please see our terms for rental below:
Refund Policy:
No refunds due to weather (excluding mandatory evacuation order0, illness, or cancellation of trip to area. Any refunds offered will be solely upon the discretion of the Bodega management.
Golf Cart Agreement:
I. Definitions. "Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means Flatfish Productions, LLC named in this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver's license and, is at least 21 years of age to rent and at least 18 years of age to drive. "Vehicle" means the Golf Cart identified in this Agreement and any vehicle we substitute for it, and all tires, tools, accessories, equipment, keys and vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for any reason due to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. Damages for Loss of Use are often difficult to determine with precision. Therefore, you and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times 80% of the daily rental rate, which you and we agree represents a reasonable estimate of actual damages and not a penalty. "Diminished Value" means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement.
II. Rental. Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
III. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts during the rental must have our prior approval. You must check and maintain all fluid levels and return the Vehicle with as much fuel as when rented.
IV. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all damage to or loss of the Vehicle, including the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, Loss of Use, Diminished Value and a reasonable charge to cover our administrative expenses connected with any damage claim. You must report accidents or of theft and vandalism to us and the police as soon as you discover them.
V. Prohibited Uses. The following uses of the Vehicle are prohibited and constitute breaches of this Agreement. The Vehicle shall not be used by anyone other than you. You will not operate the Vehicle: (a) while under the influence of any drug or alcohol; (b) if you obtained the Vehicle by giving us false, fraudulent or misleading information; (c) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (d) in any race, speed test or contest; (e) to carry dangerous or hazardous items or illegal materiel; (f) on unpaved surfaces; (g) outside of Bay St. Louis/Waveland, MS city limits and not to be driven on Highway 90 and/or Highway 603 or, (h) after an accident with the Vehicle unless and until you summon the police to the accident scene.
VI. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the "Policy") that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required the law of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.
VII. Charges. You will pay us, on demand all charges due us under this Agreement, including: (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) optional products and services you purchased; (c) applicable taxes; (d) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $50 for each such charge; (e) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (f) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (g) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (h) $40 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and C) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented.
VIII. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
IX. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
X. Breach of Agreement. The acts listed in paragraph 5, above, are breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.
XI. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
XII. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Bicycle Rental Agreement:
Bicycle Rental Agreement
Flatfish Productions, LLC
Bicycle Rentals
RELEASE OF LIABILITY, WAIVER OF CLAIMS ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY!
RENTAL AGREEMENT: I accept full responsibility for the equipment listed on this form (“the Equipment”) and agree to pay for any damage to the Equipment and replace the Equipment at the full retail value if damaged to such an extent that repairs are not feasible or practicable.
BICYCLE SAFETY: I acknowledge that I have been advised to wear an approved helmet and/or protective gear while cycling. I am aware that cycling is subject to all applicable Municipal and State highway traffic regulations. I am familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Equipment. I have made no representations regarding my cycling ability.
ASSUMPTION OF RISK: I am aware that quick release mechanisms, brakes, and other parts of the Equipment will not function as optimally intended at all times and under all circumstances, and may be adversely affected by inclement weather conditions, moisture, terrain, and the like. I am aware that cycling involves risks, dangers and hazards including, but not limited to: mechanical and structural failure of the Equipment; changing weather conditions; variation or steepness in terrain; difficulty or inability to control one’s speed and direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; collision with exposed rock, earth, trees, or other natural or man-made objects; collision with pedestrians, vehicles or other cyclists; changes or variations in the cycling surface; failure to cycle safely or within one’s own ability; negligence of other cyclists; and NEGLIGENCE ON THE PART OF FLATFISH PRODUCTIONS, LLC, ITS MEMBERS, EMPLOYEES, AGENTS, AND/OR SERVANTS, AND THE MANUFACTURERS AND DISTRIBUTORS OF THE EQUIPMENT, THEIR MEMBERS, DIRECTORS, OFFICERS,EMPLOYEES, AGENTS AND/OR SERVANTS.
I UNDERSTAND THAT MY USE OF THE EQUIPMENT, INCLUDING SAFETY EQUIPMENT, CANNOT GUARANTEE MY SAFETY OR FREEDOM FROM INJURY WHILE CYCLING. I AM AWARE THAT IT IS NOT POSSIBLE TO PREDICT EVERY CONDITION OR CIRCUMSTANCE UNDER WHICH THE EQUIPMENT AND SAFETY EQUIPMENT WILL NOT OPERATE AS INTENDED. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS, AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.(ALL OF THE FOREGOING PARTIES REFERRED TO AS THE “RELEASEES”)
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the rental of the Equipment, I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against Flatfish Productions, LLC its members, directors, officers, employees, agents, and/or servants, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspects of my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES in respect of the design, manufacture, selection, installation, maintenance, inspection, service or repair of the Equipment, or in respect of the provision of or the failure to provide any warnings, direction, instructions or guidance as to the use of the Equipment. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE EQUIPMENT LISTED ON THIS FORM;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability from any damage to property of or personal injury to any third party, resulting from my use of the Equipment;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Mississippi and no other jurisdiction; and
5. Any litigation involving the parties to this Agreement shall be brought solely within the State of Mississippi and shall be within the exclusive jurisdiction of the Courts of the State of Mississippi.
Kayak and SUP Rental Agreement:
RELEASE OF LIABILITY, WAIVER OF CLAIMS ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY!
RENTAL AGREEMENT: I accept full responsibility for the equipment listed on this form (“the Equipment”) and agree to pay for any damage to the Equipment and replace the Equipment at the full retail value if damaged to such an extent that repairs are not feasible or practicable.
PADDLE BOARD AND KAYAK SAFETY: I acknowledge that I have been advised to wear a U.S Coast Guard approved protective flotation device. I am aware that kayaking and paddle boarding is subject to all applicable U.S Coast Guard regulations. I am familiar with the proper use of the Equipment.
ASSUMPTION OF RISK: I am aware that quick release mechanisms, brakes, and other parts of the Equipment will not function as optimally intended at all times and under all circumstances, and may be adversely affected by inclement weather conditions, moisture, terrain, and the like. I am aware that cycling involves risks, dangers and hazards including, but not limited to: mechanical and structural failure of the Equipment; changing weather conditions; variation or steepness in terrain; difficulty or inability to control one’s speed and direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; collision with exposed rock, earth, trees, or other natural or man-made objects; collision with pedestrians, vehicles or other cyclists; changes or variations in the cycling surface; failure to cycle safely or within one’s own ability; negligence of other cyclists; and NEGLIGENCE ON THE PART OF FLATFISH PRODUCTIONS, LLC, ITS MEMBERS, EMPLOYEES, AGENTS, AND/OR SERVANTS, AND THE MANUFACTURERS AND DISTRIBUTORS OF THE EQUIPMENT, THEIR MEMBERS, DIRECTORS, OFFICERS,EMPLOYEES, AGENTS AND/OR SERVANTS.
I UNDERSTAND THAT MY USE OF THE EQUIPMENT, INCLUDING SAFETY EQUIPMENT, CANNOT GUARANTEE MY SAFETY OR FREEDOM FROM INJURY WHILE CYCLING. I AM AWARE THAT IT IS NOT POSSIBLE TO PREDICT EVERY CONDITION OR CIRCUMSTANCE UNDER WHICH THE EQUIPMENT AND SAFETY EQUIPMENT WILL NOT OPERATE AS INTENDED. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS, AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.(ALL OF THE FOREGOING PARTIES REFERRED TO AS THE “RELEASEES”)
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the rental of the Equipment, I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against Flatfish Productions, LLC its members, directors, officers, employees, agents, and/or servants, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspects of my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES in respect of the design, manufacture, selection, installation, maintenance, inspection, service or repair of the Equipment, or in respect of the provision of or the failure to provide any warnings, direction, instructions or guidance as to the use of the Equipment. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE EQUIPMENT LISTED ON THIS FORM;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability from any damage to property of or personal injury to any third party, resulting from my use of the Equipment;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Mississippi and no other jurisdiction; and
5. Any litigation involving the parties to this Agreement shall be brought solely within the State of Mississippi and shall be within the exclusive jurisdiction of the Courts of the State of Mississippi.