BOAT RENTAL, RELEASE &
1.6 Security Deposit: Renter shall make a security deposit of Five Hundred U.S. Dollars ($500.00) to Boat Owner before taking possession of the Boat in addition to Renter’s Rental Fee. The security deposit shall be returned to Renter after the rental if Boat Owner has no reason, in Boat Owner’s sole discretion, to retain any portion or the entirety of the security deposit due to the Renter’s use and/or damage of the Boat and/or equipment on the Boat and/or unplanned expenses incurred by Boat Owner due to the Renter’s use of the Boat.
1.7 Late Fee. If Renter chooses to keep the Boat longer than Renter’s rental duration, Renter shall contact Boat Owner to request a rental extension. Renter understands that a rental extension is not guaranteed. If Renter returns the Boat for a duration longer than Renter’sselected rental period without receiving a rental extension, Renter authorizes Boat Owner to charge Renter a late fee of: Fifty U.S. Dollars ($50.00) if Renter is more than fifteen (15) minuteslate returning the Boat to the Boat Owner up to one hundred percent (100%) of the day rental rate for the Boat, per each day Renter fails to return the Boat.
2. INSPECTION OF EQUIPMENT. The boat Owner certifies that the boat and motor are in good mechanical and physical condition. Any known damage or problems will be listed on this rental agreement. Renter will inspect the Boat prior to use and leases the same without any representations by Boat Owner. If Equipment has damage or problems not listed on this agreement, the Renter must notify the Boat Owner before use of the boat begins and on the first day of rental.
3. DAMAGE TO EQUIPMENT. Renter acknowledges and understands that boat is to be left in clean, undamaged condition, in the same condition at the commencement of the rental period. If rental equipment is not left in suitable condition, Renter acknowledges and understands that Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that Boat Owner reserves the right to charge for any damages, repairs, replacement, or special cleaning of any damaged or lost real or personal property. Renter acknowledges, understands, and agrees that by signing this Boat Rental Agreement/Contract, he/she is authorizing Boat Owner to charge Renter for any damages sustained. Such charges will be charged to the credit card on file for the rental.
4. PROHIBITED ACTIVITIES. The following activities are not permitted on the Boat. Violation of this provision will result in the immediate termination of this Agreement and forfeiture of all monies paid by the Render, including the full amount due for the rental regardless of how much time is remaining on the rental: (a) smoking; (b) operating the Boat while intoxicated; (c) operate the Boat with more people on board than the Boat is rated for; (d) allowing pets weighing more than twenty-five (25) pounds on the Boat; and/or (e) allowing more people on the Boat than what the Boat is rated for.
5. RENTER WARRANTIES & REPRESENTATIONS. Renter represents and warrants the following: (a) that Renter acknowledges all laws governing the operation of the boat and that Renter will comply with all applicable laws and regulations at all times; (b) that Renter is adequately familiar with the operation of the Boat; (c) that Renter will operate the Boat in a safe manner at all times, and (d) that Renter understands the operation of the Boat involves risks and that Renter assumes all liability associated with the operation of the Boat; (d) Renter must have a minimum of two years of experience operating vessels of a similar type and size (within 10 feet) to the Scheduled Vessel, have no marine losses in the last ten years, no violations/suspensions (including auto) in the last five years and no criminal convictions or pleas of no contest ever.
6. ASSUMPTION OF RISKS. RENTER IS AWARE THAT BOATING AND THE RENTAL OF THE BOAT INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE ON THE PART OF THE BOAT OWNER AND THEIR STAFF, INCLUDING, BUT NOT LIMITED TO, THE FAILURE ON THE PART OF THE BOAT OWNER TO SAFEGUARD OR PROTECT THE RENTER FROM THE RISKS, DANGERS AND HAZARDS OF BOATING AS A RESULT OF THE RENTER’S USE OF THE BOAT. THE RENTER IS AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BOATING AND THE RENTAL OF THE BOAT AND RENTER FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
7. RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT. In consideration of the Boat Owner agreeing to rent the Renter the Boat and permitting the Renter’s use of the Boat, the Renter hereby agrees as follows:
7.1 To Waive Any and All Claims: that Renter has or may have in the future against theBoat Owner and to release the Boat Owner from any and all liability for any loss, damage, expense or injury, including death, that Renter may suffer or that Renter’s next of kin may suffer, as a result of Renter’s participation in the rental of the Boat, due to any cause whatsoever, including negligence, breach of contract, or breach of warranty on the part of the Boat Owner with respect of the design, manufacture, selection, installation, maintenance, inspection, service or repair of the Boat, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Boat.
7.2 To Hold Harmless and Indemnify the Boat Owner: for any and all liability for any property damage, loss or personal injury to any third-party resulting from Renter’s rental of the Boat and/or use of the Boat.
8. CANCELLATION POLICY. If Renter cancels his / her reservation within seventy-two (72) hours of the reservation, Renter shall forfeit the security deposit. If the cancellation is due to inclement weather, then the deposit will be applied to an alternate date. If inclement weather causes the rental period to end prematurely, the rental rate shall be prorated based on the time used.
9. LIFE JACKETS. Any person under the age of thirteen (13) must wear a life jacket at all times while on the boat. ALL PERSONS MUST WEAR LIFE JACKETS WHILE SWIMMING FROM THE BOAT.
10. GOVERNING LAW. This Agreement is governed, construed, and administered according to the laws of the State of Georgia as from time to time amended, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Georgia.
11. ENTIRE AGREEMENT. This Agreement constitutes the sole and entire agreement of its Parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the subject matter. As between or among the Parties, oral statements or prior written material not specifically incorporated in this Agreement have no force or effect. The Parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.
IN ENTERING THIS AGREEMENT, THE RENTER IS NOT RELYING ON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE BOAT OWNER WITH RESPECT TO THE SAFETY OF USING THE BOAT, OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT. THE RENTER CONFIRMS THAT RENTER HAS READ AND UNDERSTANDS THIS AGREEMENT PRIOR TO SIGNING IT, AND IS AWARE THAT BY SIGNING THIS AGREEMENT, RENTER IS WAIVING CERTAIN LEGAL RIGHTS WHICH RENTER OR HIS OR HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIONS MAY HAVE AGAINST THE BOAT OWNER.