1.Renter agrees to rent the above boat on the terms and conditions set forth in this contract, and to return the boat to Premier Powersports on the date and time specified, and in the same condition as received, and acknowledges that he has inspected the boat to be rented, and has found it to be in good working condition with no damage, except which is noted. 2.Renter assumes all risk of loss or damage to this boat from any cause, and agrees to pay Premier Powersports for any such damage. The liability of the Renter hereunder is not limited to the amount of the repair order. .e damage deposit. Damaged parts will be replaced at Premier Powersports discretion, and charges will be made for both parts and labor. Customer is totally responsible for any and all damage to the boat.In the event of the boat being damaged we reserve the right to charge the card on file the total amount of repairs. 3.Renter acknowledges that they have been instructed in the proper use and operation of the boat, and have filled out and signed the Boat Rental Checklist. 4.Renter acknowledges that there is no refund for the early return of this boat, and that in the event that the boat is not usable, due to the fault of the Renter, there is no refund for unused rental time, and there is no substitute boat provided to them, and all traffic 5.violations are the responsibility of the Renter. 6.As further consideration for the lease of this boat the Renter agrees to release, indemnify, and hold harmless the Owner, their agents, successors, and assigns from any and all claims of bodily injury or death to any person (including the Renter) or from any or all claims of property damage resulting in any manner whatsoever from the operation of the boat by Renter or any other person. 7.Renter also agrees that in the event that any part of the rental is paid by a credit card, Owner may use that card to pay for damages to the boat which are not covered by the amount of the deposit, and in the event the available credit on the card is less than the amount of the damage, Owner may continue to debit the card account until the damages are paid in full. 8.Renter agrees to pay all attorneys’ fees incurred by Premier Powersports in collecting any sum due under this agreement or in regaining possession of this boat. RENTAL AGREEMENT AND WAIVER OF LIABILITY 1. DISCLAIMER – This waiver and release is applicable to all renters, operators, passengers, and users of equipment provided by Premier Powersports & Marine. (For purposes of this waiver and release, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Premier Powersports & Marine.) The undersigned agrees that he/she is also signing this release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Rental Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential 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 Rental Company. 2. EXPRESS ASSUMPTION OF RISK – The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by the rental company at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of Rental Company. WAIVER/RELEASE OF LIABILITY – By the execution of this release, the undersigned agrees that the rental company shall not be liable for any damages arising from personal injuries and/or property loss sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by the rental company, including but not limited to drowning and other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that the rental company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that the rental company shall not be responsible for any such injuries, damages, loss or theft, even in the event of negligence by the rental company, whether such negligence is present at the signing of this release or takes place in the future. This waiver and release does not apply to gross negligence or intentional torts by the rental company.
LIABILITY TO THIRD PARTIES – The undersigned hereby agrees that he/she will indemnify and hold harmless the rental company for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by the rental company, even if such damages arise out of the negligence of the rental company.
ACKNOWLEDGEMENT OF WAIVER RELEASE – The undersigned states that he/she had sufficient time to review the waiver and release and to ask any questions associated with said release. The undersigned further states that he/she has carefully read the foregoing waiver and release, knows the contents thereof, and has signed this release at his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against the rental company for Rental Company’s negligence.
SEVERABILITY – The undersigned hereby agrees that in the event of any term or any part of any term of this agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this agreement and the remaining terms shall continue in full force and effect. KEEPING YOUR BOATING EXPERIENCE FUN AND SAFE CHECKLIST - I will make sure my passengers and I each have a properly fitted and properly adjusted US Coast Guard approved life jacket and know how to put it on.
- I understand that my passengers and I should wear a US Coast Guard approved life jacket at all times when boating.
- I have assigned one responsible adult to keep track of the whereabouts and safety of each child on board.
- I understand that life jackets sized for adults are unsafe for children.
- I understand when crossing the path of another boat I should yield to the boat on my right, (starboard).
- I understand there is the threat of a collision and it is my responsibility to slow down, steer away and/or stop.
- I understand that when I meet another boat head-on should steer to the right, (starboard).
- I understand that when I overtake another boat I should pass on the left (port) side, leave plenty of room, and yield (give way) to that boat. If conditions require it, I may pass on the right (starboard) side.
- I understand that I must yield (give way) to all boats under sail.
- I understand that under Federal and/or State law it is a crime to operate a boat while persons are sitting on the front (bow), sides (gunwales), rear (stern), or swim platform. This behavior is considered grossly negligent operation of a boat.
- I understand that using alcohol, drugs and certain prescription medications may impair my ability to operate a boat.
- I will not operate this boat or allow anyone else to operate this boat while under the influence of alcohol or drugs.
- I will not permit swimming, diving, sliding, or jumping from or near the boat unless the boat motor is turned off, the keys are removed, and I have counted to ten to allow the propeller time to stop spinning.
- I will check to make sure that the water is deep enough before allowing head-first diving from the boat.
- I will instruct my passengers never to dive or jump off a moving boat.
- I understand that five short blasts of a horn or whistle signal danger or need for assistance.
- I understand that it is recommended that I take a safe boating course approved by NASBLA through the US Coast Guard Auxiliary, and individual states which would help me when I rent or operate boats.
- I understand that this boat is powerful, and that it may be easy to lost control if I go too fast, turn too quickly, or encounter the wake of another boat.
- I understand that this boat has no brakes so that stopping quickly is difficult or impossible – especially if I a going too fast.
- I will obey No Wake zones/signs.
- I will not operate this boat at speeds that are unsafe for the conditions.
- I understand that those engaged in tow sports – including waterskiing, tubing, and wakeboarding – are not safe in the water unless they are at least 30 feet behind this boat when the motor is in gear.
- I understand that it takes 3 to ski and I will only use this boat for tow sports when there is a lookout in addition to the boat operator.
- I will ensure that those engaged in tow sports wear a properly fitting and properly adjusted US Coast Guard approved life jacket.
- I have been instructed on what to do in the case of a person overboard, collision, or other dangerous situation.
- I will properly stow all tow sport equipment, especially tow lines, before starting the engine.
- I understand that improperly stored tow lines, rafts, and tubes can be caught by the wind and cause injuries to boat operators and passengers.
- I understand that under Federal and/or State law it is a crime to operate a boat while persons are sitting on the front, sides, rear, or swim platform. This behavior is considered grossly negligent operation of a boat.
- I understand that it is best for all passengers to remain seated whenever this boat is in motion.
- I will instruct my passengers never to dive or jump off a moving boat.
I have read and understand the above contract & agree to be bound by its terms and conditions, and to return the boat to the Premier Powersports on or before the due date and time. Signature of Renter: _______________________________________ Date: ____________
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