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Boat Captain Waiver

Please complete if you would like to drive a vessel rented from Pirates Point.

**You must be born before 1/1/1984 or have a valid boaters certification or be active military to meet MO state law.**

BOAT and WATERCRAFT LEASE CONTRACT/AGREEMENT

Lessor, M & M Watercraft Rentals, Inc. d/b/a Pirate’s Point, Lake Road 5-56, Sunrise Beach, Missouri 65079 573-374-1260 rents to Lessee watercraft described in reservation and the equipment referenced. Lessee hires from Lessor the referenced watercraft and equipment for the time period and at the rate agreed upon. The maximum number of people permitted to occupy the watercraft which is the subject of this Agreement is stated herein. Lessee agrees to comply with this requirement and acknowledges that failure to comply with this requirement may cause forfeiture of Lessee’s deposit. Lessee agrees to report to the Lessor any accident or equipment failure of the rented watercraft and equipment in accordance with paragraph (d) of the Terms and Conditions listed below. By signing this Agreement, Lessee certifies that he/she has inspected the watercraft and equipment referenced herein and finds them in good working order and suitable for the purpose for which they are rented. Lessee also certifies that he/she is familiar with all safety rules and regulations pertaining to the operation of the watercraft referenced herein and agrees to comply with said rules and regulations. By endorsing this Agreement, Lessee certifies that he/she is knowledgeable and experienced in all facets of the operation, handling and navigation of the watercraft and equipment referenced herein. Lessee certifies that he/she has read, understood, and agrees to all the terms and conditions stated in this Agreement. In consideration of being permitted to lease a watercraft and/or equipment (any equipment) from Lessor, Lessee or signer further agree(s):

 

TERMS AND CONDITIONS TO THE STANDARD WATERCRAFT AND EQUIPMENT RENTAL AGREEMENT

  1. Lessee(s) agrees NOT to operate or permit the operation of the watercraft and/or equipment between sunset and sunrise.
  2. Lessee(s) agrees to keep said watercraft and/or equipment in a safe place and not to leave leased watercraft and/or equipment unattended;
  3. Lessee(s) agree to NOT allow the operation of watercraft and/ or equipment in a unsafe, negligent, careless, illegal or needlessly rough manner or in violation of any laws, ordinances, or regulations; Lessee(s) further agree and understand IT is SOLELY the responsibility of lessee(s) and/or all operators and/or boat drivers to know and obey all Missouri State Boating Laws & Regulations. Lessee(s) further agree to not allow operation by any person under the influence of alcohol, narcotics or similar substance. Lessee(s) further agree it is the responsibility of the Lessee and/or Operator and/or boat driver to understand operation of leased watercraft and/or equipment and not the responsibility of Pirates Point or its crew. Lessee(s) agrees that he/she is solely responsible for the safe and proper operation of the watercraft and equipment. Lessee(s) agrees not to hold Lessor liable for any inconvenience, damages or time lost because of any accident or equipment failure related to the watercraft or equipment. Lessee also agrees to indemnify, hold safe and harmless against, and defend Lessor from any and all claims, costs, expenses, damage to property or personal injury (including death) arising from or pertaining to the use, possession or operation of the watercraft and equipment. Lessee(s) acknowledges that Lessor shall have no liability for any damage caused to Lessee’s personal property in or on the watercraft and equipment including damage or loss caused by theft, fire, water or any other cause whatsoever. 
  4. Lessee(s) agrees to immediately report to Lessor any accident, equipment failure, or any defect discovered, after Lessee has accepted the watercraft and equipment. Continued use of the watercraft and equipment after such discovery shall be at Lessee’s own risk and shall cause Lessee to assume all responsibility for any injury or damage to persons or property resulting from the continued use of the watercraft and equipment.
  5. Lessee(s) agrees to the cancellation policy. Contact must be made 72 hours prior to pick up, and that there will be no refunds for leased watercraft and/or equipment returned early, and that all leased watercraft and/or equipment is due in to Pirates Point no later than 7:00 PM CST for multi day rentals. Lessee(s) further agree that no refunds or discounts will be given due to weather. Lessor can only provide watercraft and equipment reserved under this Agreement if prior lessees return the watercraft and equipment in a timely fashion. Lessor shall incur no liability if it cannot provide the reserved watercraft and equipment due to a prior lessee failing to return the watercraft and equipment on time or due to events beyond Lessor’s control. 
  6. Lessee(s) agree to pay for all damages to and losses of watercraft and/or equipment during the term of this lease agreement. Lessee(s) certifies that he/she willhas carefully inspected the watercraft and equipment to be rented under this Agreement and checks found them to be in good working order and suitable for the purpose for which they are rented. Lessee agrees to return said watercraft and equipment in the same conditions in which he/she received it with the exception of ordinary wear and tear. 
  7. Lessee(s) agree to pay the Lessor replacement cost of any and all rented and/or leased equipment including watercraft, towables, motors, ladders, propellers, railing, bimini sun tops, anchors, and any and all parts, assemblies, and pieces of equipment or items rented or leased by lessee from Pirates Point upon demand by Pirates Point if rented items are damaged or excessively worn in anyways. Lessee(s) shall provide a deposit as specified herein. Said deposit may be applied upon any of the following claims asserted by Lessor upon the return of the watercraft and equipment. (a) Any damage to the watercraft or equipment with the exception of ordinary wear and tear. (b) failure to return the watercraft and equipment in the same condition as it was received by Lessee; (c) any equipment which is lost or not returned; (d) any overtime charges. Provided, further, that any such application of the deposit shall not be deemed to be liquidated damages and shall be without prejudice to Lessor’s right to seek additional damages from Lessee in the event such deposit is insufficient to compensate Lessor’s loss. 
  8. Lessee(s) agree to pay any and all attorneys fees and court costs associated with collecting repair and/or replacement costs of said leased watercraft and/ or equipment.
  9. Lessee(s) further agree to operate watercraft and/ or equipment at a safe distance from watercraft or obstacle, and to maintain a minimum of 200 foot safe operating distance from any skiing, swimming, or other activity.
  10. Lessee(s) further agree that they understand the boundaries of the boat rental.
  11. Lessee(s) further agree and understand that only minimal watercraft operational instructions will be provided by Pirates Point & its crew. Lessee consents to, accepts and agrees to abide by all additional terms and conditions posted by Lessor at Lessor’s place of business as if incorporated in this Agreement.
  12. Lessee(s) agrees to return to Pirates Point dock or another on water gas dock to refuel with non ethanol fuel for all leased watercraft fuel needs.
  13. Lessee(s) further agree that it is the responsibility of the lessee(s) to acquire or collect and make available during their voyage all the necessary informative instruction, laws, regulations and guidelines to the persons on board the watercraft and/ or equipment. 
  14. Lessee(s) agrees that the boat can only be operated between sunrise and sunset. There are no lights on the boat due to insurance restrictions.
    I Agree

 

​Please read and agree to the Captains PEARLS of Wisdom

  1. ALL operators are responsible for maintaining compliance with Missouri boating laws & regulations. A copy of Missouri Boating Laws and Responsibilities is available before you begin your voyage or can be found online. NOTE: If you are not thoroughly familiar with Missouri's rules of the water that are similar but somewhat different from the rules of the road, we have copies of Missouri Watercraft Manual - A Guide to Safety available for your preview before going out on the lake. 
  2. LIFE JACKETS REQUIRED: One life vest (PFD) per person (minimum) & one throwable PFD MUST BE ON BOARD. These are provided at no additional cost. CHILDREN 7 years old and under should wear PFD at ALL TIMES. It's your responsibility to have this equipment on board before you begin your voyage.
  3. DO NOT ALLOW PASSENGERS TO RIDE FORWARD OF THE FRONT OR REAR RAIL GATE or on the bow (FRONT of BOAT). Passengers are not allowed to sit on the seat backs, railings or sun pad. There is no escaping death by propeller if one falls off the front of a boat. Keep all gates closed when the motor is running.
  4. Do not allow people to swim near the rear of the boat. Do not swim around the motor. The propeller will kill.
  5. Watch in all directions for other boats, boaters, swimmers and obstacles. Ask passengers to help keep watch also. Always give others the right of way.
  6. Familiarize yourself with your area map. Have a map on board with you and reference it. Know where you are at all times. Know departure/return location.
  7. OFF LIMITS AREAS: Above the 60 MM of the Osage Arm at Rebel Harbor or past Ha Ha Tonka State Park on the Niangua Arm and not below the 17 MM at the Toll Bridge. Outside of these areas can cause damage to the boat and will incure a fee if we need to come fix something due to operators issues.
  8. SPEED LIMITS: Keep it slow when coming and going from the dock area. Watch for NO WAKE ZONES.
  9. No grilling or cooking on board. No fires on board the boat. 
  10. Raise & retract LADDER before starting the motor. Ladders bend and break easily.
  11. Know how to start your motor. Be sure the motor is tilted down so the propeller & anti-cavitation plate are submerged. You have attached the kill switch and have the shifter in neutral before turning the key.
  12. Check your fuel gauge. Return to a fuel dock for refuel. Do not purchase fuel on shore as the boat uses non-ethanol fuel only. It is the operator's responsibility to maintain fuel level awareness from voyage beginning to safe return.
  13. Know your due in time before leaving. Pirates Point operates on Central Standard Time. Your return time is recorded on your pre-trip checklist.
    I Agree

 

Damage Deposit

A damage deposit of $500.00 will be collected for each watercraft rented. During the return process, (Docking, fueling and cleaning) a Pirates Point crew member will inspect the watercraft for damage. The deposit will be applied toward the cost of repairs of any and all damages suffered to the watercraft. If the cost of damages exceeds the damages deposit, Lessee agrees he/she is fully responsible for the remainder of the costs incurred to repair or replace the watercraft to the same condition as the time the rental agreement was started. Furthermore, the Lessee understands and agrees that he/she who is known to Pirates Point at the captain, is the only person allowed to use the watercraft for the entire rental period. The captain also understands that he/she is responsible for the retrieval and/or replacement of the watercraft, life jackets or any safety items, if these items are in any way lost, stolen or misplaced during the rental period. Should any damages exceed the $500 damage deposit, Pirates Point will provide an itemized repair bill. This repair bill, including lost rental time and reasonable attorneys fees must be paid in full upon Users presentation of the bill. Users shall be responsible for damages at and beyond the $500 damage deposit. Lessee(s) agrees to indemnify and hold safe and harmless Lessor from and against any and all loss, attorney fees, costs, expenses, damages and liability in connection with enforcing this agreement including without limitation all costs incurred in collecting delinquent payments under this Agreement and/or all costs incurred in a suit by Lessor to recover possession of the watercraft and equipment subject to this Agreement and/or any suit by Lessor to enforce any provision, term or condition of this Agreement.

I Agree

 

Condition of Boat upon Return

The Lessee shall return the Boat to Pirates Point on or before the termination date and time and at the specific location clean and free of debris, in the same condition in which the boat was rented, including parts, accessories, rigging and condition of fiberglass/aluminum with ordinary wear and tear being acceptable.

I Agree

 

Late Return/Clean Fee

If the watercraft and/or equipment is returned after the agreed return time, a fee of $50 for each half hour will apply, unless other arrangements are made. If the boat is returned excessively DIRTY or SANDY there will be a $100 cleaning fee.

I Agree

 

DISCLAIMER

This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by M&M Watercraft Rentals, Inc. *(For purposes of this Waiver and Release, the term “Rental Company” includes all employees, agents, representative, servants, assigns, successors, insurers and subsidiaries of M&M Watercraft Rentals, Inc.) 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 the 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 or fault of “Rental Company”

I Agree

 

EXPRESS ASSUMPTION OF RISK

The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by “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 or fault of “Rental Company”.

I Agree

 

WAIVER/RELEASE LIABILITY

By the execution of this Release, the undersigned agrees that “Rental Company” shall not be liable for any damages arising from personal injuries 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 “Rental Company”. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that “Rental Company” shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that “Rental Company” shall not be responsible for such injuries, damages, loss or theft, even in the event of negligence or fault by “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 “Rental Company”.

I Agree

 

LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless “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 “Rental Company”, even if such damages arise out of the negligence or fault of “Rental Company”.

I Agree

 

ACKNOWLEDGMENT OF WAIVER AND RELEASE

The undersigned states that he/she has 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 as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from “Rental Company” with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further 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 “Rental Company” for “Rental Company’s” negligence.

I Agree

I FOR MYSELF AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE M & M WATERCRAFT RENTALS, INC., FROM ALL LIABILITY, WHATEVER KIND, ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OF THE UNDERSIGNED, CAUSED BY THE NEGLIGENCE OF M & M WATERCRAFT RENTALS, INC., AND ITS AGENTS AND EMPLOYEES.

Date: April 25, 2024 

 


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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.
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If you are not born before Jan 1, 1984 then you must provide your boaters license number or be active military.
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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.
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 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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