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Boat Rental Waiver

Basic Waiver that everyone must sign

The Lessee Certifies: (initials for each or electronic sig at end)

A)    That he/she has examined the watercraft and equipment and finds it acceptable and suitable for the purpose for which it is leased
B)     That only those individuals listed as authorized operators will operate the rental watercraft;
C)    That Lessor has provided all authorized operations with safety and operational instruction;
D)    That Lessor has provided printed material explaining the applicable state and local boating rules and regulations, the operational characteristics, the environmental effects, and the common courtesies of operating personal watercraft.
E)     That all authorized operators are capable in all aspects of the handling and operation of the rental watercraft and will operate in accordance with all stafety rules and regulations, and further certifies that all authorized operators have read and understood said rules and regulations.
F)     Lessee Agrees to limit the operations of the watercraft to the waters of the Pamlico Sound and only between sunrise and sunset.
G)    Lessee agrees to report any accident, malfunction or breakdown of rental watercraft to lessor immediately in accordance with paragraph (6) on the reverse side.

I (WE) HAVE READ THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT (electronic sig)

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

2.      Cash bond deposit (as provided in the statement of charges) shall be retained by the Lessor as partial compensation for failing to return said rental watercraft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of the watercraft by Lessee. Retention of the cash bond deposit shall be in addition to, and not to the exclusion of, any other remedies Lessor may have at law.

3.      Lessee agrees not to use, nor permit the use:

A)    Of the rental watercraft for any unlawful purpose;

B)     Of the rental watercraft in a careless, reckless, or negligent manner;

C)    Of the rental watercraft while under the influence of liquor and/or narcotics;

D)    By any other person who is not an authorized operator under this agreement.

Reckless operation of a watercraft shall include but not be limited to:

A)    Weaving through congested traffic;

B)     Jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around other vessel is obstructed or restricted;

C)    Becoming airborne or completely leaving the water while crossing the wake of another vessel with 100 feet of the vessel creating the wake;

D)    Operating at greater than slow/no wake speed within 100 feet of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmers, surfers, persons engaged in angling, or any manually powered vessel;

E)     Operating contrary to navigation rules including following too closely to another vessel, including another personal watercraft. “Following too closely” shall be construed as proceeding in the same direction and operating at a speed in excess of 10 mph within 100 feet to the rear or 50 feet to the side of another vessel which is underway, unless said vessels are operating in a narrow channel, in which case personal watercraft may operate at the speed and flow the other vessel within the channel.

4. Lessee acknowledges his/her responsibility for the safe and proper operation of the watercraft; and for the safety and welfare for other boaters and persons. Is is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental watercraft. 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 through the use, operation or possession of said rental watercraft. 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 watercraft, including loss or damage caused by fire, water, or any other causes, -whatsoever.

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

6. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental watercraft that LESSEE will immediately report same to LESSOR. Continued use of it 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.

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

8. LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated on the time used.

9. The rules and regulations contained herein and as posted in the office, on the watercraft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations, and further agrees the responsibility to see that his/her family and/or guest(s) will obey the rules.

10. Should any term or condition of this Rental Agreement be held void or unenforceable, then that term should be deemed served from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

11. THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT - NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.

PARTICIPATION AGREEMENT, RELEASE AND ASSUMPTION OF RISK

                  In consideration of the services of Charlie’s Boat Rentals LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “CBR”), I hereby agree to release, indemnify, and discharge CBR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1.      I acknowledge that my participation in jet ski and personal watercraft activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeprodizing the essential qualities of the activity.

The risks include, among other things: slips and falls, accidental drowning, watercraft may capsize and cause entrapment; travel in remote areas; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur while getting on or off; the negligence of participants, or other persons who may be present; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the vehicles; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries: cuts, abrasions and bruises; the negligence of participants or other persons who may be present: equipment failure or operator error, accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity. Additionally, fatigue, chill and/or dizziness my diminish my/our reaction time and increase the risk of an accident. Traveling to and from the pier raises the possibility of any manner of transportation accidents.

                  Furthermore, CBR personnel have difficult jobs to perform. They seek safety, but they are not infallible. They mighty be unaware of a participants fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

1.      I expressly agree and promise to accept and assume all of the risks in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) and wetsuit bottom (or clothing that provides equivalent protection) while participating in this activity.

2.      I hereby voluntarily release and forever discharge, and agree to indemnify and hold harmless CBR from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of CBR’s equipment or facilities. Including any such claims which allege negligent acts or omission of CBR.

3.      Should CBR or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement. I agree to indemnify and hold them harmless for all such fees and costs.

4.      I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical conditions I may have.

5.      In the event that I file a lawsuit against CBR, I agree to do so solely in the state of North Carolina, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if any anyone is hurt or property is damage during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against CBR on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at CBR.

KEEPING YOUR BOATING EXPERIENCE FUN AND SAFE

A Checklist from the U.S Coast Guard and Charlie’s Tri-Village Watersports

I will make sure my passengers and I each have a properly fitted and properly adjusted U.S. Coast Guard-approved life jacket and know how to put it on.

I understand that my passengers and I should wear a U.S. 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).

- IF I OR THE OTHER BOAT FAIL TO ACT -

I understand there is the threat of a col- lision and it is my responsibility to slow down, steer away and/or stop.

I understand that when I meet another boat head-on I 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 im- pair my ability to operate this boat safely.

I will not operate this boat or allow any- one 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 of a moving boat.

I confirm that rental company staff have informed me about local hazards such as shallow water, submerged objects, currents, and weather conditions. A list is attached.

I acknowledge that rental company staff have explained to me the local laws and regulations that apply to boating in this area. I understand them and will follow them carefully.

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 U.S. Coast Guard Auxiliary, United States Power Squadrons® and individual states which would help me when I rent or operate boats.

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 consid- ered grossly negligent operation of a boat.

I understand that there is an awareness zone that includes the front (bow), sides (gunwales), rear (stern) and swim platform, and extends 30 feet behind and around this boat.

I will educate all of my passengers on the awareness zone, and I will not allow anyone to enter the awareness zone 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 take a head count to make sure all passengers are present and ac- counted for before starting the motor. 

I understand that it is particularly dangerous to sit on the front of the platform of this boat, because a slip between the pontoons will “funnel” a passenger into the boat propeller.

I understand that the motor of this boat produces Carbon Monoxide, a col- orless, odorless, and lethal gas that can quickly affect people in the awareness zone.

I will not use any generator that is not supplied as part of the rental package on this boat.

I understand that this boat has no brakes, so that stopping quickly may be difficult or impossible if I am going too fast. 

I will not operate this boat at speeds that are unsafe for the conditions. 

I will obey No Wake zones/signs.

I have been instructed on how to use the navigation lights and anchor lights on this boat and I will display them properly if operating at night or when visibility is poor.

I will make sure that there is a lookout other than the boat operator whenever passengers or parts of this boat obstruct the operator’s view.

I understand that overloading this boat is unsafe and against the law.

I will anchor where it is easy for other boats to see this boat (so long as the area is anchorable).

I will anchor this boat only from the front (bow).

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 of a moving boat.

I will make sure that I, or someone who knows how to operate the boat, remain on board whenever the boat is unanchored. 

I have been instructed on what to do in the case of a person overboard, collision, or other dangerous situation.

If this boat is equipped with an engine cut-off device, I will use it.

I have received an operational orientation for this boat and understand that a written manual is on board. 

I understand that I am responsible for the safety of all passengers. 

I Agree

November 27, 2021 

 

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
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*

Confirm Email*
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Date Out

Date of Rental *

I have been informed of the total capacity of _____ people and _____ lbs of gear for this boat. I will not exceed that limit.
Drivers License Number

Drivers License Number *
Names of ALL Passengers

First and Last names *
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (Must be completed for participant’s under the age of 18) In consideration of the following minor(s) being permitted by CBR to participate in its activities and to use its equipment and facilities. I further agree to indemnify and hold harmless CBR from any and all claims which are brought by, or on behalf of Minor(s), and which are in any way connected with such use or participation by Minor(s).
Parent or Guardian's Name

First Name*

Last Name*

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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