Boat owner rents the boat and/or equipment listed herein to the Renter subject to the conditions of this agreement. In consideration, the Renter agrees to the following:
1. Agreement consists of all the conditions on this page and on the front side, whether printed or written.
2. Renter acquires no rights other than the right to use the boat and/or equipment according to this agreement.
3. Renter will return the boat and/or equipment in the same condition as received, except for ordinary wear, to the location where rented. Renter will report fully any and all incidents during the period of rental to Boat owner
4. If renter experiences any difficulty while on the water they are required to contact Sea Tow on station 16 for help. The renter shall be responsible for the costs unless it was a result of the boats mechanical performance. In this case, the boat owner will be responsible for the tow.
NOTICE OF RISK:I hereby acknowledge custody of the equipment described above, in good condition, equipped as indicated in activity checklist, and I agree to return said equipment to Boat owner on or before the time indicated on the checklist, in the same condition and with the same equipment as listed therein. In case of theft or loss, I am responsible for the replacement value of the equipment. In case of abuse or damage, I will be charged for the repair or replacement of the equipment.
I AGREE
ASSUMPTION OF RISK: I understand and am aware that boating, skiing, riding water toys are HAZARDOUS activities. I understand that the sport of boating, skiing, riding water toys and the use of the equipment involve a risk in injury to any and all parts of the user’s body and possible DEATH. I hereby agree to freely and expressly assume and accept any and all risks in the use of the equipment rented.
I AGREE
LIABILITY AGREEMENT: I hereby release from any legal liability, Boat owner, Fairwinds Marina and its owners, agents, and employees from any and all liability for damage and injury or death to myself and or any person or property resulting from the selection, maintenance or use of this equipment, and for any claim based upon negligence, breach of warranty, contract, claim, or other legal theory, accepting myself, the full responsibility for any and all such damages or injury which may result. It is understood and agreed that the Rental Fee is a presently earned fee for the use of the equipment.
Boat owner reserves the right to (a) authorize the use of the equipment and (b) revoke the use of the equipment. Decisions on the part of Boat owner with regard to the use of the equipment by RENTER are made for safety reasons, including, but not limited to, the following:
- Unsafe operation of the equipment
- Lack of sobriety of the RENTER
- Unsafe weather conditions
I AGREE
SECURITY DEPOSIT FOR EQUIPMENT RENTAL
I understand that a Security Deposit of $300.00 is a deposit against all costs of replacement, repairs or cleaning that may be required as a result of physical damage to the equipment during the rental period or against any liability that I may incur to Boat owner pursuant to this agreement. Further, I am responsible for all damages and/or losses to the equipment or any of its contents during that period. The security deposit must be paid in full before the equipment is removed from the boats location. The security deposit will be held until the equipment is returned at the end of the rental period, cleaned, checked mechanically and otherwise processed. All rental expenses will be deducted from the deposit and the balance returned in the same manner in which it was paid. The Renter is liable for all loss or damage to the equipment, which can be well in excess of the security deposit held, up to and including the replacement cost of the equipment.
I AGREE
I acknowledge and agree that the equipment will be operated by me, prior to taking custody of it: that I have inspected said equipment and leases same without any representations by Boat owner ; that I warrant that I am a qualified operator of said equipment; that I will not allow any other persons except a member of my party to operate the boat; that I will be responsible for all such operation; that the boat and motor are in good mechanical and physical condition; that I will not operate the boat, or permit anyone to operate the equipment, while under the influence of alcohol or drugs; that said equipment will be returned to Boat owner in the same condition as received including a FULL TANK OF GASOLINE, which I am responsible to purchase at the end of the trip. No fuel may be stored in or on Boat owner equipment. It is expressly agreed that Boat owner shall not be liable for loss of or damage to any property left or stored by RENTER or any other person in or upon said equipment after return thereof to Boat owner. Iagree to hold Boat owner harmless from and against any such claims.
I have carefully read, understand and agree to the above listed Terms and Conditions. I agree to function as the Operator of the rented vessel and agree to abide by all of the above Terms and Conditions. I understand that my Credit Card will be charged a $300.00 security deposit that may be forfeited for violation of any of the Terms and Conditions of this contract. I attest that I am at least 18 years of age.
I AGREE
