PONTOON BOAT RENTAL AGREEMENT-WAIVER AND RELEASE OF LIABILITY
This Pontoon Boat Rental Agreement is made by and between Nauticool Adventures LLC and the Renter identified below and is effective as of the date of the signature of the Renter.
Rules for Use of Pontoon Boat and Equipment.
Renter agrees that he or she shall use all equipment, including the pontoon boat, safety (life) vest, engine, gas tank, ropes, anchor, and safety flares/whistle (hereinafter collectively referred to as the “pontoon boat equipment”) only for the purpose of personal entertainment, with safety always in mind, and in accordance with ALL of the following rules:
A. Renter shall obey all federal, Texas, and local laws, ordinances, rules or regulations with respect to the use and operation of the pontoon boat equipment and shall obey all lawful directives of the Nauticool Adventures Dock Master, emergency or law enforcement personnel while operating the pontoon boat equipment.
B. Renter shall not, at any time, dangle their legs off the sides of the pontoon boat. This is against the law and dangerous.
C. Renter shall close and secure the front, side, and back doors with all riders inside before the pontoon boat begins moving.
D. Renter shall not consume, nor be under the influence of, any intoxicant (including but not limited to alcohol) while operating the pontoon boat equipment.
E. Renter shall not allow pets onto the pontoon boat.
F. Renter shall not make unreasonable or excessive noise while operating the pontoon boat equipment.
G. Renter shall return all of the pontoon boat equipment, in good working order and condition, at the end of the rental agreement and if any equipment has been lost, Renter shall inform the Nauticool Adventures employees upon return. Renter shall be financially responsible for all lost or damaged equipment, at replacement cost.
H. Renter shall follow all posted speed limits and rules of navigation while on the water, and shall stay clear of all other boats in operation on the water. Renter shall not attempt to board another vessel from the pontoon boat. Renter 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.
I. Renter shall not throw trash or litter from the pontoon boat, into the water or otherwise, and acknowledges that they may be operating in environmentally sensitive areas. All trash or litter must be secured to keep it from accidentally falling into the water and upon the end of the rental, all trash and litter shall be deposited in the appropriate trash receptacle.
J. Renter shall not take the pontoon boat more than 20 nautical miles from the Nauticool Adventures dock. Renter agrees to also not take the boat to the ocean, ie. out of the Jetties.
K. Renter shall not allow anyone other than Renter to use or operate the pontoon boat equipment.
L. Renter shall not, except in an emergency to return, place fuel in the gas tank from a source other than the Nauticool Adventures dock.
Acknowledgements and Agreements.
By executing this Pontoon Boat Rental Agreement, undersigned Renter acknowledges and agrees that:
A. Renter has read and fully understood all the rules associated with the Use of the Pontoon Boat and Equipment, the Warnings, Assumption of Risk, and the Waiver and Release of Liabilities included in this Agreement and agrees to be bound thereby.
B. Renter acknowledges and agrees that he or she has the requisite skills, physical abilities, and mental abilities, including swimming skills, necessary for the proper and safe use of the pontoon boat equipment.
C. Renter is personally liable for any injury or damage caused to others or their property while operating the pontoon boat equipment or while on the Nauticool Adventures LLC property.
D. Renter agrees to wear a properly fitted and fastened U.S. Coast Guard approved floatation device (lifejacket) while aboard the pontoon boat or on or in the water.
E. Renter understands that the operation of the pontoon boat equipment on the water should be undertaken only after proper instruction and training. Renter shall be required to take the basic boating safety course and watch the safety training video before use.
F. Renter shall not sell or assign this Agreement or sublet the pontoon boat equipment or any part thereof, and at all times during the rental period, the person listed as the Renter shall be present and able to supervise the use and operation of the pontoon boat equipment.
G. Nauticool Adventures provides the pontoon boat equipment without warranty and any and all warranties capable of waiver under Texas law are hereby waived.
H. Nauticool Adventures is not liable for the loss or damage to the personal property of the Renter. Be careful objects don’t fall from clothing and be careful to secure hats.
In consideration of the use of the pontoon boat equipment and the property, facilities and/or services of Nauticool Adventures LLC., the undersigned Renter acknowledges the following warning.
WARNING: 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 pontoon boats and their related equipment. These risks are inherent in boating and may be present even if the pontoon boat equipment is used properly and even in still water. The Renter understands and acknowledges that the operation of the pontoon boat equipment involve risks such as, but not limited to, the following: (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, 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 boat equipment. 6. Assumption of Risk. Based upon the warnings above and Renter’s acknowledgement of the inherent risks of using and operating a pontoon boat and the pontoon boat equipment, and that some or all of those risks may be unavoidable even with reasonable care in the use and operation of the pontoon boat and pontoon boat’s equipment, by executing this agreement Renter expressly assumes all risks that arise from the use and operation of the pontoon boat or pontoon boat equipment, 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 boat and pontoon boat equipment.
To explicitly acknowledge the Renter’s assumption of risk, Renter shall place their initials here:
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 Nauticool Adventures LLC, its officers, agents, employees, successors and assigns, from any and all claims or liability arising from the use or operation of the pontoon boat or the pontoon boat equipment, or use of the Nauticool Adventures’s property, facilities, services or activities organized or sponsored by Nauticool Adventures 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 the negligence or strict liability, and regardless of the participation of an 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 Nauticool Adventures. Renter acknowledges that this wavier and release includes the waiver of future, unknown claims.
To explicitly acknowledge the Renter’s waiver and release of liability, Renter shall place their initials here:
The undersigned Renter agrees to indemnify and defend, Nauticool Adventures, Inc. from any and all claims made by or for the Renter, or any other third party, arising out of the use or operation of the pontoon boat or pontoon boat equipment and that Renter shall hold Nauticool Adventures LLCand 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 Renters use or operation of the pontoon boat and pontoon boat equipment, 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 act or negligent act 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 Nauticool Adventures. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise.
To explicitly acknowledge the Renter’s agreement of indemnity, Renter shall place their initials here:
In Witness Whereof, the undersigned Renter has read, understands and agrees to be legally bound to this Pontoon Boat Rental Agreement-Waiver 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: October 30, 2020