Waiver

NOT STREET LEGAL

IMPORTANT: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING.
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.
YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE SIGNING.

HOUSTON CARTWORKS LLC

LIABILITY WAIVER AND RELEASE OF CLAIMS

Delivery-Only Golf Cart Rental Agreement — Greater Houston Area, Texas

Governed by the Laws of the State of Texas | Venue: Harris County, Texas

PREAMBLE AND IDENTIFICATION OF PARTIES

This Liability Waiver and Release of Claims (hereinafter "Waiver" or "Agreement") is entered into between Houston Cartworks LLC, a Texas limited liability company engaged in the business of delivery-only golf cart rentals throughout the Greater Houston area (hereinafter "Company," "Releasee," or "Houston Cartworks LLC"), and the undersigned individual renting or otherwise using the golf cart equipment (hereinafter "Renter," "Participant," or "Releasor").

The Releasor desires to rent and operate a golf cart provided by Houston Cartworks LLC. In consideration of the Company's agreement to deliver and permit use of the golf cart equipment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Releasor agrees to all terms set forth in this Waiver.

BY SIGNING BELOW, THE RELEASOR REPRESENTS AND WARRANTS THAT: (a) they have read this Waiver in its entirety; (b) they fully understand the terms and legal consequences hereof; (c) they have had a meaningful opportunity to consult with an attorney of their choosing prior to executing this Agreement; and (d) they are voluntarily and freely executing this Waiver without coercion, duress, or pressure of any kind.

SECTION 1 — ACKNOWLEDGMENT OF RISKS

1.1 Nature of Activity. The Releasor expressly acknowledges and recognizes that the rental and operation of golf carts involves inherent risks and dangers that cannot be completely eliminated even with the exercise of reasonable care. These risks include, but are not limited to, the following:

Collision with other persons, objects, vehicles, structures, or fixed or moving hazards;
Tipping, rollover, or sudden loss of control of the golf cart;
Personal injury, serious bodily harm, permanent disability, or death;
Damage to personal property or real property belonging to Renter or third parties;
Electric shock, battery malfunction, or failure of electrical systems in electric-powered golf carts;
Terrain hazards including but not limited to uneven surfaces, slopes, inclines, wet ground, obstructions, and potholes;
Adverse weather conditions including but not limited to rain, high winds, reduced visibility, and lightning;
Negligent, reckless, or intentional acts or omissions of third parties who are not under the control of Houston Cartworks LLC; and
Equipment malfunction or component failure despite reasonable maintenance efforts by the Company.

1.2 Persistence of Risk. The Releasor further acknowledges that these inherent risks exist regardless of the efforts made by Houston Cartworks LLC to inspect, maintain, and provide safe equipment. The Releasor acknowledges that the golf cart is provided on an "as-is" basis with respect to inherent operational risks, and that no amount of safety instruction, equipment inspection, or maintenance can eliminate all potential hazards associated with golf cart operation.

1.3 Voluntary Acceptance. Having full knowledge of the risks described herein, the Releasor voluntarily chooses to rent and operate the golf cart and freely accepts all inherent risks associated with such activity.

SECTION 2 — ASSUMPTION OF RISK

2.1 Express Assumption.THE RELEASOR HEREBY EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS OF INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS ARISING FROM OR RELATED TO THE RENTAL, DELIVERY, OPERATION, OR USE OF THE GOLF CART EQUIPMENT PROVIDED BY HOUSTON CARTWORKS LLC, WHETHER OCCURRING BEFORE, DURING, OR AFTER THE SCHEDULED RENTAL PERIOD.
2.2 Scope of Assumption.The Releasor's assumption of risk includes, without limitation, risks arising from the ordinary negligence of Houston Cartworks LLC, its owners, members, managers, employees, agents, contractors, and representatives. The Releasor acknowledges and accepts that the Company may be negligent in its acts or omissions, and Releasor nevertheless assumes all resulting risks of harm to the extent permitted by Texas law.
2.3 Limitation.Consistent with Texas public policy, this assumption of risk shall not extend to risks arising from the gross negligence, recklessness, or intentional and willful misconduct of Houston Cartworks LLC or its representatives. Nothing in this Section shall be construed to release the Company from liability for such conduct.
2.4 Activity Risk Acknowledgment.The Releasor acknowledges that even if the activity is found to be more hazardous than anticipated at the time of signing, this Assumption of Risk shall remain in full force and effect to the maximum extent permitted by Texas law.

SECTION 3 — RELEASE OF LIABILITY

The following Release of Liability is a material term of this Agreement. It is set forth conspicuously in capital letters and bold type in compliance with the Texas "fair notice" doctrine as established by Dresser Industries, Inc. v. Page Petroleum, Inc., 853 S.W.2d 505 (Tex. 1993), and its progeny. The express negligence doctrine requires that the intent to release a party from its own negligence be expressed in specific terms within the four corners of this document.

⚠ RELEASE OF LIABILITY — EXPRESS NEGLIGENCE CLAUSE ⚠(TEXAS FAIR NOTICE — CONSPICUOUS PROVISION)
IN CONSIDERATION OF BEING PERMITTED TO RENT AND USE THE GOLF CART EQUIPMENT PROVIDED BY HOUSTON CARTWORKS LLC, I, THE UNDERSIGNED RENTER/PARTICIPANT ("RELEASOR"), ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HEREBY VOLUNTARILY AND IRREVOCABLY RELEASE, WAIVE, DISCHARGE, ACQUIT, AND COVENANT NOT TO SUE HOUSTON CARTWORKS LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, DELIVERY PERSONNEL, AND ALL OTHER REPRESENTATIVES (COLLECTIVELY "RELEASEES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, LOSSES, COSTS, EXPENSES, AND DAMAGES OF ANY NATURE WHATSOEVER — WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, PRESENT OR FUTURE — INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, PERSONAL INJURY, BODILY HARM, OR DEATH THAT MAY BE SUSTAINED BY ME, ANY PERMITTED PASSENGER, OR ANY THIRD PARTY DURING THE RENTAL PERIOD OR IN ANY WAY CONNECTED WITH THE USE, OPERATION, DELIVERY, OR POSSESSION OF THE GOLF CART EQUIPMENT.
THIS RELEASE EXPRESSLY AND SPECIFICALLY INCLUDES CLAIMS FOR ORDINARY NEGLIGENCE BY HOUSTON CARTWORKS LLC AND ITS RELEASEES. THE RELEASOR EXPRESSLY AGREES THAT THIS RELEASE APPLIES TO THE NEGLIGENCE OF HOUSTON CARTWORKS LLC, INCLUDING THE COMPANY'S OWN NEGLIGENCE. THE RELEASOR UNDERSTANDS THAT "NEGLIGENCE" INCLUDES FAILURES TO ACT WITH REASONABLE CARE, FAILURES TO INSPECT, FAILURES TO WARN, AND OTHER DEPARTURES FROM THE APPLICABLE STANDARD OF CARE.
THIS RELEASE DOES NOT APPLY TO, AND SHALL NOT BE CONSTRUED TO COVER: (A) GROSS NEGLIGENCE BY HOUSTON CARTWORKS LLC OR ITS RELEASEES; (B) WILLFUL OR WANTON MISCONDUCT; OR (C) INTENTIONAL ACTS OR OMISSIONS. NOTHING IN THIS RELEASE SHALL EXTINGUISH LIABILITY FOR CONDUCT THAT TEXAS PUBLIC POLICY PROHIBITS FROM BEING RELEASED BY PRIVATE AGREEMENT.
BY SIGNING THIS WAIVER, THE RELEASOR ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS RELEASE IN ITS ENTIRETY, AND EXPRESSLY AGREES TO ALL TERMS STATED HEREIN.

SECTION 4 — INDEMNIFICATION AND HOLD HARMLESS

4.1 Indemnification Obligation. To the fullest extent permitted by Texas law, the Releasor agrees to indemnify, defend (with counsel acceptable to the Company), and hold harmless Houston Cartworks LLC and its owners, members, managers, employees, agents, contractors, and representatives from and against any and all claims, lawsuits, demands, proceedings, judgments, settlements, liabilities, losses, costs, and expenses — including reasonable attorneys' fees and court costs — arising from or related to any of the following:

The Releasor's use, misuse, or negligent operation of the golf cart equipment during the rental period;
The Releasor's violation of any applicable federal, state, or local law, ordinance, rule, or regulation in connection with the use of the golf cart;
Personal injury or death sustained by any third party arising from Releasor's operation of the golf cart or from the conduct of any person permitted to operate or ride in the golf cart by the Releasor;
Damage to the property of any third party caused by the Releasor or any permitted operator or passenger during the rental period; and
Any breach of the representations, warranties, or obligations set forth in this Waiver by the Releasor.

4.2 Third-Party Claims. The Releasor specifically and expressly agrees to defend, indemnify, and hold Houston Cartworks LLC harmless from any claims, demands, actions, or proceedings brought by third parties — including but not limited to event organizers, property owners, neighboring residents, and bystanders — arising from any incident occurring during the Releasor's rental period, regardless of whether the Company had any role in the incident.

4.3 Survival. The indemnification and hold harmless obligations set forth in this Section shall survive the termination or expiration of this Waiver and the conclusion of the rental period.

SECTION 5 — SAFETY REQUIREMENTS AND RENTER OBLIGATIONS

5.1 Physical and Mental Fitness. The Releasor warrants and represents that at the time of operation, they are physically and mentally capable of safely operating a golf cart, are not under the influence of any substance that impairs judgment or motor function, and have no known physical or cognitive condition that would make golf cart operation hazardous to themselves or others.

5.2 Mandatory Operating Rules. The Releasor agrees to observe and enforce the following rules at all times during the rental period:

Operate the golf cart at safe speeds appropriate to the terrain, weather, and surrounding conditions at all times;
Observe all posted speed limits, traffic control devices, and rules of the property, venue, or event at which the cart is used;
Ensure that all passengers are properly and safely seated before the cart is placed in motion;
Never exceed the rated passenger capacity of the golf cart as specified on the equipment or communicated by the Company;
Never operate the golf cart while impaired by alcohol, illegal drugs, prescription medications, or any other substance affecting judgment, reaction time, or coordination;
Use headlights and any other available lighting during dusk, nighttime, or other low-visibility conditions, if the cart is so equipped;
Not operate the golf cart on public roads, streets, or highways without lawful authorization under Texas Transportation Code, Chapter 551, Subchapter D (Low-Speed Vehicles and Golf Carts), and only where expressly permitted by applicable local ordinance;
Maintain continuous supervision of minors at all times; never permit any minor to operate the golf cart unless the minor is of lawful age and has received proper authorization consistent with applicable Texas law; and
Immediately cease operation and notify Houston Cartworks LLC of any mechanical problem, equipment malfunction, unusual noise, vibration, or other condition suggesting the cart is unsafe to operate.

5.3 Compliance with Company Instructions. The Releasor agrees to follow all written and verbal operating instructions provided by Houston Cartworks LLC at the time of delivery or as communicated thereafter. Failure to comply with safety requirements may result in immediate termination of the rental, and the Releasor shall remain liable for any resulting damages.

SECTION 6 — MEDICAL AUTHORIZATION AND EMERGENCY CONSENT

6.1 Emergency Medical Consent. In the event that the Releasor is involved in an accident or suffers a medical emergency during the rental period and is incapacitated or otherwise unable to provide informed consent, the Releasor hereby consents to the provision of emergency medical treatment, first aid, ambulance transport, and any other urgent medical care by qualified medical personnel deemed necessary by responding emergency services.

6.2 Financial Responsibility for Medical Costs. The Releasor expressly acknowledges and agrees that Houston Cartworks LLC bears no financial responsibility for any medical expenses, emergency services costs, hospital bills, rehabilitation costs, or any other healthcare-related expenditures arising from injuries sustained by the Releasor or any permitted passenger during or in connection with the rental of the golf cart equipment. All such costs are the sole financial responsibility of the Releasor.

6.3 Health Insurance. The Releasor is encouraged to maintain adequate personal health and accident insurance prior to and during the rental period. The Company does not provide any accident or health insurance coverage to Renters, passengers, or third parties.

SECTION 7 — PROPERTY DAMAGE LIABILITY

7.1 Full Financial Responsibility. The Releasor accepts full and exclusive financial responsibility for all damage to, loss of, or destruction of the golf cart equipment occurring during the rental period, regardless of the cause, including but not limited to accidental damage, collision, misuse, vandalism while in Releasor's custody, or damage caused by third parties invited or permitted by Releasor to interact with the equipment.

7.2 Pre- and Post-Delivery Inspection Photographs. The Releasor acknowledges that Houston Cartworks LLC will photograph the golf cart equipment immediately prior to delivery and immediately following pickup at the conclusion of the rental period. The Releasor agrees that these pre-delivery and post-pickup photographs constitute conclusive and binding photographic evidence of the condition of the equipment and shall be the primary evidentiary basis for determining whether any damage occurred during the rental period.

7.3 Authorization to Charge for Damages. The Releasor expressly authorizes Houston Cartworks LLC to charge the credit card, debit card, or other payment method on file for the cost of any documented damage to the golf cart equipment attributable to the rental period, including but not limited to the cost of parts, labor, towing, storage, and any loss of rental income during the repair period. The Company shall provide the Releasor with a written damage assessment and itemized repair estimate before processing any such charge in excess of any security deposit held.

7.4 Theft and Conversion. The Releasor shall be solely responsible for the full replacement cost of the golf cart in the event of theft, conversion, or failure to return the equipment at the agreed time and location. The Releasor agrees to cooperate fully with any law enforcement investigation in connection with theft of the equipment.

SECTION 8 — REPRESENTATION REGARDING MINORS

8.1 Parental/Guardian Representation. If any minor child or children will be present during the rental period, whether as a passenger or otherwise in proximity to the golf cart, the signing adult Releasor represents and warrants that they are the parent, legal guardian, or other adult with lawful authority to supervise and be responsible for said minor(s).

8.2 Texas Law Regarding Parental Waivers. The Releasor acknowledges that under Texas law, a parent or guardian executing a liability waiver on behalf of a minor child does not necessarily extinguish or bar the minor's independent legal claims for injuries arising from another party's negligence. As established in Shea v. Bogart and related Texas jurisprudence, a minor may retain independent legal standing to bring claims despite a parental waiver. Accordingly, the Releasor, as the signing adult, acknowledges and accepts personal financial liability for any costs, expenses, legal fees, damages, or claims — including claims brought by or on behalf of any minor under their supervision — arising from incidents occurring during the rental period.

8.3 Supervision Obligation. The signing adult Releasor bears sole and exclusive responsibility for the safety, supervision, and conduct of all minors present during the rental period and shall ensure that no minor operates or controls the golf cart under any circumstances unless expressly authorized under applicable Texas law.

SECTION 9 — GOVERNING LAW, VENUE, AND SEVERABILITY

9.1 Governing Law. This Waiver shall be governed by, construed, and enforced in accordance with the substantive laws of the State of Texas, without regard to any conflict-of-law principles that would require the application of the law of any other jurisdiction.

9.2 Venue. Any legal action, proceeding, dispute, or claim arising out of or related to this Waiver, the golf cart rental, or any incident occurring during the rental period shall be brought exclusively in the state or federal courts of competent jurisdiction located in Harris County, Texas. The Releasor irrevocably consents to the personal jurisdiction of such courts and waives any objection to venue or jurisdiction in such courts.

9.3 Severability. If any provision, clause, or portion of this Waiver is found to be void, invalid, unenforceable, or contrary to Texas public policy by a court of competent jurisdiction, such provision shall be severed from this Agreement, and all remaining provisions shall continue in full force and effect as if the severed provision had never been included. The invalidity of any individual provision shall not affect the validity or enforceability of the release set forth in Section 3 or any other material term hereof.

9.4 Unanticipated Hazard. This Waiver shall remain in full force and effect even if the activity or use of the golf cart is found to be more dangerous or hazardous than reasonably anticipated by the Releasor at the time of execution.

9.5 No Waiver of Waiver. The failure of Houston Cartworks LLC to enforce any provision of this Waiver at any given time shall not constitute a waiver of the Company's right to enforce that provision or any other provision at a later time.

SECTION 10 — VOLUNTARY EXECUTION, ELECTRONIC SIGNATURES, AND ENTIRE AGREEMENT

10.1 Voluntary Execution. The Releasor represents, warrants, and confirms that their execution of this Waiver is entirely voluntary and made of their own free will. The Releasor has not been coerced, pressured, deceived, or otherwise induced by any party to sign this Agreement against their will or without full understanding of its contents.

10.2 Full Reading and Understanding. The Releasor confirms they have read this Waiver in its entirety, have had a reasonable and meaningful opportunity to ask questions, and fully understand the legal rights being waived, the risks being assumed, and the scope of the release and indemnification obligations being accepted.

10.3 Opportunity for Legal Counsel. The Releasor acknowledges that they have been expressly advised of their right to consult with an attorney of their choosing prior to signing this Agreement and have either done so or have knowingly and voluntarily declined to do so.

10.4 Electronic Signatures. The Releasor agrees and acknowledges that an electronic signature affixed to this Waiver is legally valid, binding, and enforceable to the same extent as a handwritten ink signature, pursuant to the Texas Uniform Electronic Transactions Act (UETA), Tex. Bus. & Com. Code §§ 322.001 et seq., and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. §§ 7001 et seq. No challenge to the enforceability of this Waiver shall be sustained solely on the basis that it was executed electronically.

10.5 Entire Agreement. This Waiver constitutes the entire agreement between the Releasor and Houston Cartworks LLC with respect to the subject matter of release of liability, assumption of risk, and indemnification in connection with the golf cart rental. This Waiver supplements and is hereby incorporated by reference into the Houston Cartworks LLC Terms of Service. In the event of any conflict between this Waiver and the Terms of Service with respect to matters of liability, release, and indemnification, this Waiver shall control. No oral representations, promises, or agreements shall modify or supplement the terms of this Waiver.

10.6 Counterparts. This Waiver may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic counterparts shall be fully binding.

RENTER ACKNOWLEDGMENT AND SIGNATURE

BY SIGNING BELOW, I HEREBY CERTIFY THAT I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL TERMS AND CONDITIONS OF THIS LIABILITY WAIVER AND RELEASE OF CLAIMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING THIS DOCUMENT.

Full Legal Name (Print): Signature: Date Signed: Date of Rental: Delivery Address: Phone Number: Emergency Contact Name: Emergency Contact Phone:

Houston Cartworks LLC is a delivery-only golf cart rental company. The Company does not require Renters to come to a physical storefront. This Waiver may be executed digitally via the Company's booking platform and shall be equally valid and enforceable as a physically signed original pursuant to Texas UETA and the federal E-SIGN Act.

This document was prepared for use by Houston Cartworks LLC. It is intended to comply with Texas law, including the express negligence doctrine and conspicuousness requirements established in Dresser Industries, Inc. v. Page Petroleum, Inc., 853 S.W.2d 505 (Tex. 1993). Houston Cartworks LLC recommends periodic review of this Waiver by qualified Texas legal counsel to ensure continued compliance with applicable law.