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LAKE LURE ADVENTURE COMPANY
P.O. Box 692
Lake Lure, NC 28746
(828) 625-8066

 

ATTENTION BOAT DRIVER

For your Safety and that of others, you are responsible for following all state laws and Lake Lure regulations.*

  1. GO SLOW - no boat wake is allowed:
    within 75 feet of shore
    within areas marked by buoys (e.g.., in coves)
    before 7 am all year; after 7 pm (Oct.-April) or after 9 pm (May-Sept)
  2. All Children under 13 must wear a personal flotation device (PFD) at all times while boating.
  3. NO TOWING is allowed behind this commercially licensed boat.
  4. Do NOT allow passengers to ride at bow of boat with feet overhanging.  It is safest for everyone to remain seated inside the gated railings of the boat when it is underway with arms and legs inside the craft.
  5. OPEN CONTAINERS of fortified wine, spirituous liquors or mixed alcoholic beverages are not allowed on any boat.
  6. Stay 75 feet from other boats and always yield to a boat towing someone.
  7. NO BEACHING the boats
  8. STAY OUT OF THE RIVER 
  9. Report any emergencies to police at 911
    or Lake Operation Mgr. 828-447-7430

* These are just highlights from a complete set of rules and regulations you need to be familiar with to operate a boat on Lake Lure.  For complete rules, please review  “Lake Lure Regulations & Map”

I have read and understand the information provided above.

 

Lake Lure Adventure Company Boat Rental Agreement

This craft rental is made effective between Lake Lure Adventure Company (the lessor) and Participant (the lessee), and states the agreement of the parties as follows:

THE LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in a suitable and expectable condition; that he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody.

SECURITY DEPOSIT:  Prior to initiation of the rental period, the lessee shall pay a minimum $300.00 security deposit (either cash or by credit card) at the time this rental agreement is signed for each craft rented.  If a cash security deposit is made, the Lessee must also provide the Lessor with a valid credit card.  The deposit will be returned to the Lessee upon termination of this rental agreement, less any expenses incurred to retrieve the craft and/or to repair any damage caused in/to this craft by the lessee or anyone else during the rental period.  Should damages exceed the minimum $300.00 deposit, the Lessee agrees to make payment in full immediately upon LAKE LURE ADVENTURE COMPANY’S presentation of an itemized repair bill.  This security deposit shall not bear interest.

INHERENT DANGER: The Lessee understands and agrees that crafts and their operation is an inherently dangerous activity.  The Lessee certifies that he/she understands the rules and regulations for the safe operation of crafts.  The Lessee further agrees not to let anyone else operate this craft without likewise instruction on the rules and regulations for safe operation of a craft.  

MINIMUM AGE: The Lessee shall provide evidence that he/she is at least Twenty-one years of age.

HEALTH OF LESSEE: The Lessee certifies that he/she is in good health, has no physical defects that may be of danger to themselves or anyone else, and that he/she is capable of safe operation of this craft.  Furthermore, the Lessee certifies that he/she is NOT under the influence of alcohol or drugs (legal or otherwise) and will remain so during the rental period.

WARRANTY: The Lessor makes no warranties, express or implied, as to the craft rented.  The Lessee assumes the responsibility of the craft.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risks of loss or damage to the craft from any cause, and agrees to return the craft in the condition received from the Lessor, with the exception of normal wear and tear.  The Lessee certifies that he/she has examined the craft and finds it acceptable and suitable for the purpose for which it is rented.  The Lessee agrees to return this craft on or before the expiration of the rental period in the condition it is in now.  If the craft is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, or replace the craft with a like craft in good repair.

LESSEE agrees not to use, nor permit the use:

a. of the rental craft for any unlawful purpose;
b. of the rental craft in a careless or negligent manner;
c. of the rental craft while under the influence of liquor and/or narcotics;
d. by any other person not the signatory of this agreement, or not equally qualified.

LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and the safety and welfare of other craft operators and persons.  It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by dent, breakdown, or malfunction of the rental craft.

LESSEE further agrees to indemnify and hold harmless the LESSOR from and against any and all claims for loss of, or damage to, property or injury to persons (including death), resulting from the use, operation or possession of said rental craft.  LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE’S personal property while carried in, or on the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.

LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from and against any and all loss, costs, damages, attorney fees and/or liability in conjunction with the enforcing of the foregoing rental contract by LESSOR, including expenses incurred in collection or tempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property, and/or to enforce any of the terms, conditions and/or provisions hereof.  It is understood and agreed that venue of any action hereunder shall be in the County of the LESSOR.

MAINTAINING CONTINUED USE beyond the times agreed upon herein, shall be entirely at the LESSEE’S risk, and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its CONTINUED USE.

LESSOR’S ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the precious lessee, or any other cause beyond LESSOR’S control.

LESSOR reserves the right to cancel this Rental Agreement due to inclement or impending bad weather.  Rental fees will be prorated based on the time used.  The rules and regulations contained herein and as posted in the office on the craft and/or on the grounds are for the safety and welfare of all that use the facilities.  

THE LESSEE certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules.

LIABILITY AND INDEMNITY: The Lessee hereby agrees to bind him/herself, their heirs, personal representatives, and assigns, and hereby releases and discharges its owners, employees, agents and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments and attorney fees, which the Lessee or the Lessee’s heirs, personal representatives or assigns may have or claim to have, against LAKE LURE ADVENTURE COMPANY, its owners, employees, agents and assigns, including any claims for negligence created by or arising from the use, operation, banding or transportation of the craft by the Lessee or anyone else during the Lessee’srental period.  Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAIN THE ENTIRE UNDERSTANDING BETWEEN THE LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.

LESSOR:  Lake Lure Adventure Company

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT

Notice – By signing this document you may be waiving certain legal rights, including the right to sue.

Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

In consideration of being allowed to use the facilities and participate in Waterski/Wakeboarding Instruction & Boat rental, and other activities (collectively the “Activities”) provided by Lake Lure Adventure Co., Inc. (the “Host”), the Participant and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment (“Equipment”) provided by the Host, including while receiving instruction and/or training;

2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the        negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents and/or officers.  The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;

3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents and officers from all liability for any loss, damage, injury, death or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.  The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law.  However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and

4) TO INDEMNIFY the host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.

Personal Responsibility

The Participant and his/her parents(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participation in the Activities and that he/she is not participating against medical advice.

The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.

The Participant and his/her parents(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.

If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.

To the extent that any portion of the this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.

5) I hereby authorize Lake Lure Adventure Center and its photographic agents to utilize photographs of me for the purpose of sale, promotion, and advertising.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

Today's Date: May 9, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Rental Details

CRAFT SUBJECT TO RENTAL

PERIOD: Rental is on

beginning at (time, am/pm)

and ending at (time, am/pm)

PAYMENT TERMS: At the conclusion of the rental period, payment in full in the amount of $ is due

Custom Waiver Dates for Multiple Day or Season (VIP)
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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