VACATION BOAT RENTALS
RELEASE, WAIVER AND INDEMNITY AGREEMENT
This is a Legally Binding Contract
For and in consideration of being permitted to rent, use, operate and/ or ride watercraft and equipment provided by Vacation Boat Rentals, the undersigned does hereby warrant and agree thatthere is good and valid consideration for the promises and covenants made herein, and that the terms of this Release, Waiver and Indemnity Agreement constitute alegally binding contract.
II. REPRESENTATIONS AND WARRANTIES
The undersigned does hereby represent, warrant and agree: (1) that Iam aware that there are risks inherent in the use, operation or riding of the watercraft and equipment being provided by Vacation Boat Rentals,and that Iam voluntarily participating in all activities related to the watercraft and equipment with full knowledge thereof, and solely and exclusively assumes all risk of injury, illness, damage, loss, paralysis or death that may result; (2) that I am in good health and have no physical/ mental limitations that would affect my understanding of this agreement or the safe operation or use of the watercraft or equipment; (3) that Vacation Boat Rentalshas explained their rules and regulations relating to the pontoon and equipment, that Iunderstand those rules and regulations, and Iagree to follow and abide by them at all times; (4) that Iunderstand and agree that it is impermissible for anyone other than signators to this Release, Waiver and Indemnity Agreement to operate, use or ride the watercraft or equipment, and I will not let anyone use, occupy or ride the watercraft or equipment who has not signed same; (5) that Iam signing this agreement in both my individual and representative capacities in the event that I permit a minor for who Iam legally responsible to use, operate or ride the watercraft and equipment, and (6) that Ihave had an adequate opportunity to read and understand this agreement, that Ifully understand its terms, that Iam under no duress or other legal disability, and that Isign my name hereto with intent to be bound. Additionally, I represent, warrant and agree that no minors shall be permitted to use, operate or ride the watercraft or equipment unless and until a parent, guardian or other legal representative has signed this agreement on their behalf. All parents, guardians or other legal representatives shall be presumed to have executed this Release, Waiver and Indemnity Agreement in their individual capacities and representative capacities for any minor that they permit to use, operate or ride the watercraft and equipment.
III. RELEASEAND WAIVER
The undersigned, individually and on behalf of any minor the Iam legally responsible for who Ipermits to use, operate or ride the watercraft or equipment, do hereby release Vacation Boat Rentals, and each and every one of its owners, employees, agents, representatives, servants, assigns, successors, and insurers (collectively "Releasees"), from any and all claims, demands, causes of actions, and other forms of action, however characterized, relating in any way to the use, operation or riding of the watercraft or equipment, and waive any and all rights to proceed in any way against Releasees for personal injury, bodily damage, property damage, theft or other loss. The undersigned understands and agrees that Releasees shall not be responsible to the undersigned, or to any minor for which the undersigned is legally responsible, for any injuries, damages, loss or theft, even though same may be caused in whole or in part by the negligence or fault of Vacation Boat Rentals. This release and waiver does not apply to any gross negligence or intentional torts by Vacation Boat Rentals.
The undersigned does hereby agree to defend, hold harmless and indemnify Releasees from and against: (1) any and all claims arising our of or relating in any way the undersigned's use, operation or riding of the pontoon or equipment, no matter who may make said claim; (2) any and all claims arising out of or relating in any way from the undersigned's breach of any of the representations or warranties made herein, or from the undersigned's breach of any of the provisions of this Release, Waiver and Indemnity Agreement; (3) any and all claims advanced or maintained by any third party relating in way to the undersigned's use, operation or riding of the pontoon and equipment, and (4) any and all claims by or on behalf of any minor who uses, operates or rides the pontoon and equipment with the undersigned's knowledge or consent.
The undersigned does hereby agree to defend, hold harmless and indemnify Releasees from and against: (1) any and all claims arising our of or relating in any way the undersigned's use, operation or riding of the watercraft or equipment, no matter who may make said claim; (2) any and all claims arising out of or relating in any way from the undersigned's breach of any of the representations or warranties made herein, or from the undersigned's breach of any of the provisions of this Release, Waiver and Indemnity Agreement; (3) any and all claims advanced or maintained by any third party relating in way to the undersigned's use, operation or riding of the watercraft and equipment, and (4) any and all claims by or on behalf of any minor who uses, operates or rides the watercraft and equipment with the undersigned's knowledge or consent.
The undersigned does hereby acknowledge: (1) that this Release, Waiver and Indemnity Agreement constitutes a legally binding contract; (2) that if one or more of the provisions of this agreement are ruled invalid or are struck down in any way, the remaining provisions shall remain in full force and effect; (3) that Ihave read the provisions of this agreement and fully understand them; and (4) and that my signature below constitutes my full acknowledgement, consent and agreement to the terms of this Release, Waiver and Indemnity Agreement.
**PLEASE READ ENTIRE AGREEMENT BEFORE SIGNING**
This is a legally binding contract.
Please be a safe boater - Observe the following policies
- The renter is responsible for all damages that occur while the rental is in their care.
- No pets or smoking allowed in order to keep our rentals as clean and user friendly as possible.
- Fuel is a responiblity for the renter. Please fill the tank to the level it was prior to renting. Otherwise, you will be charged a $25 service fee, plus fuel.
- Due to the fact that weather forecasts are often times incorrect, no rental will be cancelled basaed on a weather forecast alone, It is possible that the weather will clear by the time of your scheduled launch time, and a decision will be made at that time.
- The rented craft shall not be used for any unlawful purpose or operated under the influence of alcohol or drugs.
- Boat must not exceed boat capacity. Placard is listed on the Port Side of the vessel near the steering column.
- No nighttime running is allowed. Boat must be tied up/docked and covered between sunrise and sunset.
- Turn Engine off when people are in the water.
- No towing of skies, tubes, and etc.
- No towing of personal watercraft with any boat.
- No persons under the age of 25 years old may rent or operate the boat.
- A pontoon has no brakes. Always allow plenty of room for stopping. Just because you release the throttle or shut off the engine does not mean you will stop immediately. Use reverse when docking to stop the boat, do not just coast into the dock.
- All trash must be removed before turning in. Nothing should be on carpet, mud should be cleaned off the anchor prior to bringing on to the carpet.If not, you will be charged a $25 clean up fee.
- Avoid beaching or grouding the boat as this may cause damage to the pontoons.
- Running in shallow water can cause damage to the prop. For which the renter will be responsible.
- Normal wear and tear to the propeller is no charge.
- Any chuncks or other damage to the propeller is the renters responsiblity.
- Operator of the craft must familiarize themselves with the numerous hazards on GUN LAKE.
- Renter is responsible for learning and obeying all local, state and federal laws pertaining to operating the rented watercraft prior to rental period.
- Capacity of pontoons is ten or as rated, (10-13) people -NO EXEPTIONS. Every person 6 years and younger is required to wear a Type Ior Type II PFD when riding in the open deck area in the pontoon. There must be one Type I, II, or III PFD for every person on board as well as one Type IV PFD regardless of the amount of passengers.(Michigan State Law)
- Everyone must remain seated inside the boat when the engine is running. Do not ride on the front deck. Do not ride on the sundeck behind the rear seat. (Michigan State Law)
- DO NOT Drink and Drive. It is illegal to operate a boat while under the influence of alcohol or dugs. (Michigan State Law)
- Maintian Proper Distance.Improper Distance is not maintaining a proper distance while operating a vessel.To maintain a proper distance when you are operating at greater than slow, no wake speed (except in channels that are not posted), the vessel or persons being towed must not be within 100 feet of:
- A shoreline (if operating in water less than three feet deep)
- Any moored or anchored vessel.
- A dock or raft
- Any marked swimming area or person(s) in the water
I here by acknowledge and accept all terms and conditions of theRental Policies.
Date: June 4, 2020