All Renters Must be 25 Years Old or Older, With a Valid US Drivers License. This Pontoon Rental Agreement is made by and between Skippers On Lake Greenwood, LLC. and the Renter identified below and is effective as of the date of the signature of the Renter. 2. Rules for Use of Pontoon and Equipment. Renter agrees that he or she shall use the pontoon, including all its equipment, safety (life) vests, motor, gas tank, ropes, buoys, anchor, and sounding devices (hereinafter collectively referred to as “the pontoon”) only for the purpose of personal boating on Lake Greenwood, with safety always in mind, and in accordance with ALL of the following rules: A. Renter shall obey all federal, state, and local laws, ordinances, rules or regulations with respect to the use and operation of the pontoon and shall obey all lawful directives of the Skippers On Lake Greenwood, LLC. staff.
B. Renter shall close and secure all doors with all riders inside the panel walls before the pontoon begins moving.
C. Renter and passengers shall not at any time put any body part outside the panel walls while the pontoon is in motion. This is against the law and is extremely dangerous
D. Renter and permitted operators shall not consume, nor be under the influence of, any intoxicant (including but not limited to alcohol) while operating the pontoon.
E. Renter shall follow all posted speed limits and rules of navigation while on the water, and shall stay clear of all other boats on the water. Renter shall not attempt to board another vessel from the pontoon or tie off to another boat. Renter shall take care not to allow the pontoon to collide or damage other vessels or docks. Renter shall place the bumpers on the outside of the pontoon before attempting to dock the pontoon.
F. Renter shall not allow anyone other than Renter to use or operate the pontoon other than those who have signed the Participant Checkout Acknowledgement. If Renter fails to disclose other operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence of fault of Skippers On Lake Greenwood, LLC.
G. Renter shall not, except in an emergency to return, place fuel in the gas tank from a source other than the Skippers dock. Renter is responsible for all fuel used during their rental and shall refill tank at Skippers upon return.
H. Renter shall not allow the doors to the pontoon to be opened or anyone in Renter’s party to swim around the pontoon unless the pontoon has been properly anchored and the motor has been turned off.
I. Renter shall not allow anyone to ski or ride tubes tied to the pontoon unless the skier or tuber swims from the pontoon to the tube with the motor turned off. The Renter shall not turn the motor on until the ski rope is extended a minimum of twenty (20’) feet and the skier or tuber is a safe distance from the pontoon. The Renter shall not retrieve the skier or tuber to the pontoon without first having turned off the motor. J. Renter shall be aware that the bridges and tressels are low, and take down the bimini top prior to operating the pontoon underneath any bridge or trestle if it is necessary to avoid contact with bridge or tressel. K. Renter shall not allow any part of the pontoon to come in contact with any part of the shoreline, or to "beach" the pontoon on any surface, such as a sandbar. 3. Responsibility/Damages. Renter shall return the pontoon, in good working order and condition, at the end of the rental. If any equipment has been lost or damaged during the rental, Renter shall inform the Skippers On Lake Greenwood, LLC. staff immediately. Renter shall be financially responsible for all lost or damaged equipment or damage to the pontoon. Skippers On Lake Greenwood, LLC. will charge the Renter for lost or damaged equipment to the credit card on file according to the following schedule of charges: - Propeller $250.00
- Ladder $200.00
- Paddle $ 50.00
- Excessive Cleaning/Trash Removal $50.00
- Anchor $150.00
- Dock Line $ 20.00 each
- Torn or damaged seats $250.00/seat
- Life Jacket $ 50.00
- Bimini Top $500- $2,000.00
- Totaled Pontoon $5,000-$30,000
- Extinguisher $ 50.00
- Lic./Reg./Ins. Paperwork $200.00
- Damage to lower unit, up to $4,000
- Dented/scratched panels $250 each
- Broken Navigation Lights $50
- Anchor Light $75
- Radio $250
This list of charges is not exhaustive and not a waiver of responsibility for other damage to the pontoon and Renter shall be fully financially responsible to Skippers On Lake Greenwood, LLC. for damages incurred. If pontoon is returned in an unrentable condition, as determined by Skippers On Lake Greenwood, LLC. staff, Renter agrees to pay Skippers On Lake Greenwood, LLC. additional rent of $200/day until pontoon is able to be repaired to a rentable condition, with a maximum rental charge of $6,000. 4. Acknowledgements and Agreements. By executing this Pontoon Rental Agreement, undersigned Renter acknowledges and agrees: A. Although Renter may receive general instructions on these forms and from Skippers On Lake Greenwood, LLC. staff prior to rental, I acknowledge that the instructions received do not qualify as watercraft operation training or safety training. The staff are human and the amount of information that can be provided prior to rental is limited. There is no amount of instruction which can prepare an individual for all of the foreseeable risks associated with operation of watercraft. There is also no substitute for common sense. Renter acknowledges these limitations and agrees to assume all risks associated with operation of the pontoon.
B. Renter acknowledges and agrees that he or she has the requisite skills, physical and mental abilities necessary for the proper and safe use of the pontoon and swimming skills as may be needed in an emergency.
C. Renter is personally liable for any injury or damage caused to others or their property while operating the pontoon, regardless of whether in Renter’s party or third parties.
D. Renter agrees to wear a properly fitted and fastened U.S. Coast Guard approved floatation device (life jacket) while aboard the pontoon or on or in the water and require the same of anyone in Renter’s party.
E. Renter shall not sell or assign this Agreement or sublet the pontoon or any part thereof, and at all times during the rental period, the person listed as the Renter shall be the person operating the pontoon.
F. Skippers On Lake Greenwood, LLC. provides the pontoon without warranty and any and all warranties capable of waiver under South Carolina law are hereby waived. Skippers On Lake Greenwood, LLC. does not maintain or provide emergency personnel, services, or watercraft.
G. Skippers On Lake Greenwood, LLC. is not liable for the loss or damage to the personal property of the Renter. 5. Warnings. There are significant elements of risk in any adventure sport or activity on the water or associated with the use or presence of water craft, including but not limited to pontoons and their related equipment. These risks are inherent in boating and may be present even if the pontoon is used properly and even in still water. The Renter understands and acknowledges that the operation of the pontoon involve risks such as, but not limited to: (a) changing water flow, conditions or currents; (b) collision with other participants, any portion of the interior of the craft, other watercraft, manmade or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders; (c) cold weather and heat related injuries and illnesses including hyperthermia, frostbite, heat exhaustion, sun stroke, and dehydration; (d) inclement weather, variances and extremes of wind, weather and temperature, lightning and the presence of insects and animals; (e) sense of balance, physical coordination, ability to swim, and/or ability to follow directions; (f) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, injury, exposure to the elements, hypothermia and drowning; (g) injury while getting in and out of the craft; (h) travel, including hiking, portaging and travel to and from the related and unrelated activities; (i) the presence of wild animals, including marine life forms, (j) unavailability of emergency aid services and emergency medical care. The listing of these risks is not intended, and shall not be construed as, all of the possible risks associated with the use of the pontoon. 6. Assumption of Risk. Based upon the warnings above and Renter’s acknowledgement of the inherent risks of using and operating a pontoon and the pontoon, and that some or all of those risks may be unavoidable even with reasonable care in the use and operation of the pontoon, by executing this agreement Renter expressly assumes all risks that arise from the use and operation of the pontoon, including the risk of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors or circumstances related to the use of the pontoon. To explicitly acknowledge the Renter’s assumption of risk, Renter shall place their initials here: 7. Waiver and Release of Liability. The undersigned Renter, based upon the warnings and understanding of risks, and predicated in part upon the acknowledgements and assumption of risks described above, does hereby waive, release and discharge Skippers On Lake Greenwood, LLC., its officers, agents, employees, successors and assigns, from any and all claims or liability arising from the use or operation of the pontoon, or use of the property, facilities, services or activities organized or sponsored by Skippers On Lake Greenwood, LLC. and agrees that it shall not sue them on account or in connection with any claims, causes of action, injuries, damage, cost of expenses arising therefrom, whether arising from negligence or strict liability, and regardless of the participation of any other third party in the causation of any such injuries, damages, or liability, but excluding claims which arise from gross negligence or willful misconduct on the part of Skippers On Lake Greenwood, LLC. Renter acknowledges that this wavier and release includes the waiver of future, unknown claims. To explicitly acknowledge the Renter’s assumption of risk, Renter shall place their initials here: 9. Indemnity. The undersigned Renter agrees to indemnify and defend, Skippers On Lake Greenwood, LLC. and its officers, employees and agents (each, an “Indemnitee”) and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the undersigned Renter’s use or operation of the pontoon, which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the negligent acts or omissions of an Indemnitee, the undersigned or anyone else; provided, however, the foregoing indemnity shall not apply to claims related solely to the gross negligence or willful misconduct of Skippers On Lake Greenwood, LLC. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise. Renter agrees that if Skippers On Lake Greenwood, LLC. should find it necessary to bring suit against Renter with respect to this rental agreement, then all costs and expenses, including but not limited to actual professional fees and costs such as appraisers’, accountants’ and attorneys’ fees and costs, incurred by Skippers On Lake Greenwood, LLC., whether by final judgment or out-of-court settlement, shall be paid by Renter, which obligation shall be deemed to have accrued on the date of the commencement of such action and shall be enforceable whether or not the action is prosecuted to judgment. To explicitly acknowledge the Renter’s assumption of risk, Renter shall place their initials here: In Witness Whereof, the undersigned Renter has read, understands and agrees to be legally bound to this Pontoon Rental AgreementWaiver and Release of Liability, realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, does so freely and voluntarily, and does so for himself or herself and his or her heirs, assigns and legal representatives. Date: November 21, 2024
|
