This is a Rental Agreement for a pontoon boat and related equipment. Read this agreement carefully as it affects your legal rights.
Definitions: for purposes of this this agreement, the terms defined below shall have the indicated meanings:
“Authorized Driver” means any driver or operator of the boat that meets the requirements set forth below.
Any singular defined term in this agreement shall be deemed to include the plural, and any plural term the singular. Any gender reference in this agreement shall be deemed to include all genders.
By signing this Rental Agreement, you represent that the Authorized Driver has extensive boating experience and understanding of the boating laws and regulations by the State of Tennessee.
Rules for the use of pontoon boat and equipment:
Authorized Driver(s) agree that they shall use all equipment, including the pontoon boat, safety (life) vest, engine, gas tank, ropes, anchor, and safety whistle (hereinafter collectively referred to as the "equipment") only for the purpose of personal entertainment, with safety always in mind, and in accordance with ALL of the following rules:
1. Authorized Driver Requirements: The boat may be operated only by the Authorized Driver(s) who comply with the laws and regulations set forth by the Tennessee Wildlife Resources agency. All Authorized Driver(s) must represent that they have knowledge of and experience in usage of this type of watercraft. Authorized Driver shall not allow anyone other than the Authorized Driver(s) to operate the pontoon boat and equipment. Each Authorized Driver must have a driver's license on file with Pontoon Nashville, LLC.
According to the Tennessee Wildlife Resources agency, by law, anyone born after January 1, 1990 also must have a Tennessee Boater Education Certificate issued by the TWRA. For visiting boaters, all states, territories, and provinces will recognize boating education cards that meet NASBLA requirements and Canadian Pleasure Craft Operator Cards that meet Transport Canada's requirements. Authorized Driver agrees to hold harmless Pontoon Nashville, LLC and it's employees, staff and owners for not complying with any Federal, State or Local laws or any of the rules set forth in this agreement.
2. Capacity: There is a maximum capacity of 10 persons. Please note the maximum weight limit is 1678 lbs. including passengers & gear. Children 12 and under are required by law to wear a life jacket. A fine of $250 per person will be charged for each person over the maximum capacity of 10 people. When renting the boat that has the 12 passanger capacity any number that exceeds 12 there will be a $250.00 per person fee.
3. Use of Watercraft: The boat must be operated in accordance with Federal, State, and Local laws, rules, and regulations including, but not limited, all laws regarding the use of alcohol and drugs. DUI laws apply to water vehicles and are enforced by TWRA. The boat must not be operated in a negligent or reckless fashion or in any race, speed test or contest. The boat may not be used to transport persons or property for hire, not to push or tow any other watercraft, equipment or materials including, but not limited to, skiers, tubes, or floats. The Authorized Driver shall obey all directives from Pontoon Nashville, emergency or law enforcement personnel.
4. Rules of Navigation: The Marina is a "No Wake" Zone as well as the area entering/exiting the Harbor. It is unlawful to "wake" another boat or watercraft. Authorized Driver shall obey the laws regarding “No Wake” zones. Authorized Driver shall follow all posted speed limits and rules of navigation while on the water, shall stay clear of all other boats in operation on the water. Authorized Driver shall not attempt to board another vessel from the pontoon boat. Authorized Driver shall take care not to allow the pontoon boat to collide or damage other vessels that may be docked in the marina or in operation on navigable waters.
5. Distance Limitations: The boat may not be taken south past the lock at Old Hickory Lake (approximately 40 miles from Rock Harbor) or North past the Cheatham County Lock (approximately 35 miles). The boat is not allowed to enter the locks in either direction.
6. Boating Safety: Authorized Driver shall close and secure the front and back door with all riders inside before the pontoon boat begins moving. Grilling, pets, fishing or fishing equipment are not allowed on the boat at any time. Towing or pulling tubes, people, skiers, or any other objects is not allowed. It is against the law to dangle legs off the side of the pontoon boat. Fireworks, firearms, and like devices (including flares) are prohibited.
7. Littering: Authorized Driver shall not throw trash or litter from the pontoon boat. All trash must be secured to keep it from accidentally falling into the water. Upon returning the boat all trash and litter shall be removed and placed in appropriate trash receptacles.
8. Complete Agreement: The terms of this agreement cannot be modified except in writing. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.
Today's Date: October 29, 2020