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What type of indemnification contract do I need for Florida…

Customer Question
what type of indemnification contract...
what type of indemnification contract do I need for Florida law when selling a golf cart that goes faster than the legal top speed of 20mph. The cart goes 23mph. I want to be indemnified if the person has an accident or any issue.
Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
11/25/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Of course, let me know if you have further questions.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I have one question: does your state's law prohibit any golf cart going above 20 mph or is it that a golf cart cannot be manufactured to go above 20 mph?

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Customer reply replied 7 months ago
8220;Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.
Customer reply replied 7 months ago
I got that from here; http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0320/0320.html
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks for finding that. Let me take a look for you to dig a bit deeper. One moment...

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, thanks for your patience. Based on the FL statutes, the state just defines a golf cart as what you described above and later goes on to describe that a golf cart is exempt from the typical requirements of vehicle registration in the state. This means basically that it doesn't need plates and tags. There doesn't seem to be any prohibition to a golf cart being able to go above the speed limit. There is a minor possibility that a golf cart that can go above 20mph may be considered a "vehicle' consistent with FL law, but it would have to meet the definition of motor vehicle which does not consider how fast the vehicle can go.

Thus, you won't need to put in any indemnification regarding speed because of FL law. However, if the thing does go faster than 20mph, you should probably include that:

1. The golf cart is not being sold as a vehicle as defined by Florida statute;

2. The golf cart is capable of exceeding 20mph; however, it is expected that the buyer will be prudent and reasonably safe when traveling at any speed at any time; and

3. The seller is not responsible for any injuries that result from the buyer's speed.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 7 months ago
That's all thank you for being thorough. What do you charge if I give you a contract and ask to review it? hourly charge flat charge based on page length?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi, you're certainly welcome. Usually, my rates vary depending on the extent of the contract review. If you're interested, for just $5, we could exchange information and you could email me privately. To give you an idea, it's usually $100 for a contract review for anything up to five pages. How long is the agreement you're looking at?

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