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Boat Rental Agreement

 

This Boat Rental Agreement (the “Agreement”) is made as of July 24, 2024 by and between Oconee Marina Company LLC, a Delaware limited liability company, with an address of 1000 Vista Drive, Greensboro, Georgia 30642, hereinafter referred to as “Marina” and Renter (as defined below).

Marina agrees to rent to Renter, and Renter agrees to rent, the following boat (the “Boat”) for use in conformance with the terms set forth below:

Make:  Barletta/Harris/Bennington

Maximum Seating Capacity:  10/11/11 people

Description:  Pontoon Boat

Use of the Boat by Renter shall be conducted pursuant to the terms hereof and the terms of the Rules and Regulations of Reynolds Lake Oconee Marina (the “Rules”), which are attached hereto as Exhibit A.

Renter of Boats must be at least 25 years of age and possess a valid license to drive motor vehicles.

 

1. RENTAL FEES

Renter agrees to rent the Boat for the agreed upon period and rate, plus any applicable sales tax, with such amount due and payable upon execution of this Agreement (the “Rental Fee”). This Agreement commences on the Rental Start Date and ends on the Rental End Date (the “Rental Term”).

Payment of the Deposit (as defined below) and/or Rental Fee will be accepted by the Marina via check, cash, or cashier’s check.  Payment by MasterCard, Visa, American Express, or Discover credit cards may be accepted at the option of the Marina.  In addition, the Marina may permit the Renter to charge such amounts to their membership account at Reynolds Lake Oconee, their account at the Ritz-Carlton Reynolds, Lake Oconee, or their account at the cottages at Reynolds Lake Oconee (charging to a cottage account is only available if renting through Reynolds Lake Oconee Property Management, LLC). 

Renter acknowledges and agrees that Marina may cancel this Agreement at any time if the Boat is in need of repair or if it is otherwise unavailable.  In such case, the Marina shall return the Deposit and the Rental Fee (if paid) to Renter, and this Agreement shall be without legal effect.

To its knowledge, Marina certifies that the Boat is in reasonably good mechanical condition.  Any known damage or problems will be listed on the “Boat Check-Out Sheet”.  Renter will inspect said Boat and rents the same without any representation or warranty by Marina.  If Boat has damage or problems not listed on the “Boat Check-Out Sheet”, Renter must notify the Marina before use of the Boat begins.  On the Rental End Date (provided that it occurs during the Marina’s normal business hours), the Renter and Marina shall each inspect the Boat to determine whether any damage has occurred.  If the Boat is returned after the Marina’s normal business hours in accordance with the Marina’s instructions, the Marina shall inspect the Boat on the next business day to determine whether any damage has occurred.

 

2. DEPOSIT

A.     DEPOSIT.  In addition to the Rental Fee, a security deposit of $500.00 is required to rent the Boat and shall be due prior to Renter’s use of the Boat (the “Deposit”).

Renter acknowledges and understands that Boat is to be returned to Marina in the same condition as received by Renter at commencement of the Rental Term (subject to reasonable wear and tear). Additionally, Renter understands and agrees that Marina reserves the right to charge Renter for any damages, repairs, replacement or special cleaning of any damaged Boat or lost real or personal property.  Renter acknowledges, understands, and agrees that by signing this Agreement, he/she is authorizing Marina to charge Renter for any damages sustained.  Such charges will be deducted from the Deposit.  If such charges exceed the amount of the Deposit, then the Renter shall pay the additional amount due to the Marina within seven (7) days’ of notice.

Marina’s acceptance of the Deposit described herein does not waive or limit Marina’s remedies at law with respect to damage to the Boat caused during the Rental Term or to any of Marina’s facilities, including but not limited to its boat docks or other boats. Marina specifically reserves the right to seek any and all legal recourse against Renter for any such damage or other loss to the Marina resulting from the use of the Boat.

B.     CANCELLATION POLICY.  Renter is responsible for the Rental Fee once the Deposit is received, even if the Renter (i) decides not to use the Boat during the Rental Term, or (ii) decides to return the Boat prior to the Rental End Date, or (iii) fails to arrive at Boat rental center at the Marina on or before the Rental Start Date (in such case, the Marina may, without obligation, offer the Boat for rent by another customer).  NO REFUNDS OR REBATES of the Deposit or Rental Fee will be offered, except that the Deposit shall be refunded in the event that the Marina determines in its discretion that inclement weather makes use of the Boat during the whole or any portion of the Rental Term a safety hazard.  In such event, the Marina shall refund Deposit and any pre-paid Rental Fees on a pro-rated basis based upon available use of the Boat during the Rental Term.  In addition, in the event that the Boat is reserved for use by Renter and is cancelled at least seventy-two (72) hours prior to the Rental Start Date, then the Deposit and/or Rental Fee (if applicable) shall be refunded in full.

 

3. USE RESTRICTIONS

By entering into this Agreement, Renter agrees to use the Boat described herein in the manner intended for the manufacturer’s design and use of said Boat and in conformance with the following restrictions (A through E below are collectively, the “Use Restrictions”):

A.     Renter shall use the Boat described herein in a careful manner and in compliance with all governmental laws, ordinances and regulations, and in compliance with the Rules.   Renter shall be responsible for any loss, damage to, or theft of the Boat during the Rental Term regardless of the cause except to the extent such damage is due to the willful misconduct or gross negligence of the Marina or its employees.

B.     Renter shall operate the Boat described herein with reasonable care, shall use every reasonable precaution to prevent loss or damage to said Boat because of fire, theft or collision and shall use every reasonable precaution to prevent injury to third persons or property of third persons.

C.     Renter represents that Renter is a fully qualified operator of said Boat.  The Boat described herein shall be operated by Renter only.  Operation of the Boat by a party other than the Renter is strictly prohibited. 

D.     Renter will not permit any Boat described herein to be used in violation of any federal, state, or municipal statute, law, ordinance, rule or regulation applicable to the operation of such Boat and hereby indemnifies and holds Marina harmless from any and all fines, forfeitures, or penalties for traffic/boating violations or for the violation of any statute, law, or ordinance, rule or regulation of any duly constituted public authority.  Renter shall be liable to Marina for the loss of the Boat caused by the confiscation thereof by any public authority by reason of illegal use thereof by Renter or his agents, servants or employees, and any such confiscation shall be and be deemed to be a material event of default under this Agreement.

E.     The Boat described herein shall not be operated:

(1)    to carry passengers or property for hire;

(2)    to propel or tow any vehicle, trailer or other object (including, without limitation,  water skis or water toys);

(3)    in any race, test or contest; or

(4)    during the consumption of any alcoholic beverage or any drug, prescription or otherwise, which affects Renter’s ability to safely operate the Boat described herein, including but not limited to Renter’s perception, reaction time, decision-making capabilities and motor skills.

If the Boat is obtained from Marina by fraud or misrepresentation or is obtained or used in furtherance of an illegal purpose, all such use is without Marina’s permission.

F.      Renter agrees and covenants to hold the Marina and its affiliates, and their respective agents, employees or officers (the “Indemnified Parties”) harmless with respect to any and all damages or injuries to person or property, including court costs and attorney’s fees arising out of Renter’s failure to comply with the Use Restrictions, and further agrees to fully indemnify the Indemnified Parties for any such damages assessed or claimed against, or losses incurred by, the Indemnified Parties.

G.     It is expressly agreed that Marina shall not be liable for loss of or damage to any property left or stored by Renter or any other person in or upon Boat after return thereof to Marina. Renter agrees to hold Marina harmless from and against any such claims.

H.     Renter hereby acknowledges and agrees that Marina and/or its agents reserve the right to revoke the use of the Boat.  Decisions on the part of the Marina or its agents with regard to the use of the Boat by Renter may be made for safety or any other reason(s), including, but not limited to, the unsafe operation of the Boat, lack of sobriety of the RENTER OR ITS PASSENGERS, or actual or predicted unsafe weather conditions.

I.       Renter acknowledges and understands that Marina cannot guarantee against mechanical failures of the Boat.  Renter agrees to immediately notify Marina of defective or non-working parts.  If the Boat becomes inoperable as a result of normal wear and tear, the Marina may, in its sole discretion, (a) repair the Boat, (b) replace the Boat with another similar boat for the balance of the Rental Term (if available) or (c) terminate this Agreement and refund the unused Rental Fee to Renter.  Repair due to normal wear and tear on the Boat will be made by the Marina at its cost. Should a repair person make a call to repair or replace a part that is found to be in working order and the problem was due to Renter’s oversight or neglect or misuse, Renter agrees that the repair call costs shall be paid to Marina and may be deducted from the Deposit.

 

4.NON-RENEWAL

This Agreement is non-renewable and terminates on the date and time specified herein. Any continued rental of the Boat described herein requires execution of a new agreement.

 

5. ASSUMPTION OF RISK AND LIMITATION OF LIABILITY

ASSUMPTION OF RISK:

Renter acknowledges and agrees that it will operate the Boat in a safe manner and will be responsible for the safety of the Boat and its passengers.  Renter hereby understands that boating and swimming are HAZARDOUS ACTIVITIES.  The Renter acknowledges and agrees that these HAZARDOUS ACTIVITIES involve a risk of injury to (and possible DEATH of) the Renter, passengers or others.  To the fullest extent permitted by law, the Renter, hereby agrees to freely and expressly assume and accept any and all known and unknown risks in the use of the Boat rented.

The Renter acknowledges that:

  1. the Boat does not contain communications equipment or navigational units (such as a GPS unit).  It is strongly recommended that Renter carry a fully charged cellular telephone with them on the Boat in the event of a mechanical malfunction or the Renter gets lost on Lake Oconee (though Renter acknowledges that the Marina will not always be available for assistance - especially outside of its normal business hours and that cellular phone coverage may not be available throughout Lake Oconee).

  2. Major problems that can arise could be costly to the Renter.   For example, certain areas of Lake Oconee are unexpectedly shallow.  It is Renter’s sole responsibility to determine which areas of the lake are deep enough for the safe operation of the Boat.  Renter shall be responsible for any damage to the Boat during the Rental Term. 


 

LIABILTIY RELEASE:

Renter, on behalf of his or herself, and his or her personal representatives, heirs and next of kin, covenants not to sue, and releases and discharges, Marina and its affiliates, and their respective agents, employees or officers from any and all liability including, without limitation, any claim or damage on account of injury to a person or property, or resulting in the death of the Renter arising out of Renter’s use or operation of the Boat. 

Marina shall not be liable for any damages by reason of failure of the Boat described herein to operate or faulty operation of the Boat or its components.  Furthermore, Renter hereby agrees that Marina shall not be held responsible for any direct or consequential damages or losses resulting from the use or operation of the Boat.

Renter acknowledges that he or she is solely responsible for any and all injuries to person or property stemming from his or her use and operation of the Boat.


 

6. DEFAULT

The following shall result in a default of this Agreement and shall entitle Marina to immediately terminate Renter’s use of the Boat described herein and to repossess the same:

(1)  Violation of the Rules;

(2)  Any other default of the Agreement by Renter.

 

7. REMEDIES

Renter acknowledges that the legal remedies specified herein are not exclusive and do not limit the legal options available to Marina in the event of:

(1)  A tortious act by Renter or his agents;

(2)  A breach of this Agreement; or

(3)  A breach of the Rules.

Marina reserves the right to pursue any and all available remedies, both legal and equitable, in the event of any actionable conduct on the part of Renter or his agents. Renter does hereby acknowledge and agree that, in accordance with O.C.G.A. § 9-10-73, notice and service of process of any such action shall be deemed effectively given by certified mail to Renter at the address provided by Renter above.

By setting his signature to this Agreement, Renter hereby consents to the jurisdiction of the Superior Court of Greene County, Georgia for all proceedings brought against Renter by Marina pursuant to Renter’s use of the Boat.

 

9. ACKNOWLEDGEMENT

By setting forth his signature below, Renter acknowledges that he or she has read this Agreement and the Rules, and agrees to abide by the same.

Executed on July 24, 2024

 

 

 

 

 

 

 

First Renter Name

First Name*

Last Name*

Phone*
First Renter Date of Birth*
First Renter Signature*
Second Renter Name

First Name*

Last Name*
Second Renter Date of Birth*
Third Renter Name

First Name*

Last Name*
Third Renter Date of Birth*
Fourth Renter Name

First Name*

Last Name*
Fourth Renter Date of Birth*
Fifth Renter Name

First Name*

Last Name*
Fifth Renter Date of Birth*
Sixth Renter Name

First Name*

Last Name*
Sixth Renter Date of Birth*
Seventh Renter Name

First Name*

Last Name*
Seventh Renter Date of Birth*
Eighth Renter Name

First Name*

Last Name*
Eighth Renter Date of Birth*
Ninth Renter Name

First Name*

Last Name*
Ninth Renter Date of Birth*
Tenth Renter Name

First Name*

Last Name*
Tenth Renter Date of Birth*
Renter 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*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
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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