Boat Rental Agreement
In consideration of the Agreement herein, LESSOR does lease to the undersigned (hereafter referred to as the LESSEE) the craft and equipment described herein. LESSEE agrees said craft will not be occupied by a greater number of persons than is shown in this Rental Agreement. In the event the craft is not returned at time specified herein, said LESSEE agrees to pay for OVERTIME AT THE RATE POSTED IN THE OFFICE.
THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN OFFICE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.
LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX (6).
This is to certify that I (We), the LESSEE(S) am/are experienced and capable in all aspects of the handling and operation of rental craft.
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.
THE LEASE IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS
I (WE), the LESSEE(S) further agree:
1. The LESSEE acknowledges he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody.
2. Deposit shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken equipment; or to be applied to the rental charges upon return of the craft by LESSEE. The foregoing shall not limit LESSOR’S ability to seek its further damages at law or equity.
a. The foregoing shall not limit LESSOR’S ability to be reimbursed for loss of use at its current daily rate for the craft and equipment.
b. Repairs shall be done at the place of LESSOR’s choice so as to reduce the loss of use damages.
c. If LESSEE is provided a credit card for the damage deposit, LESSEE agrees that LESSOR may use the credit card to reimburse itself for all damages described in this paragraph and authorizes LESSOR to sign the credit card statement on his/her behalf.
3. LESSEE agrees not to use, nor permit the use:
a. of the rental craft for any unlawful purpose;
b. of the rental craft in a careless or negligent manner;
c. of the rental craft while under the influence of liquor and/or narcotics;
d. of the rental craft by any other person not the signatory of this agreement.
4. LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters and persons. It 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 craft. 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 craft. 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 craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.
5. LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this agreement 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 enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county and state of LESSOR. This agreement shall be governed by the laws of the state of LESSOR.
6. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft 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 craft, if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR'S control.
8. LESSOR reserves the right to cancel this Agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used in the form of a rain check or credit of time.
9. If watercraft is kept overnight it is to be docked by 7pm and not operated again until 7am. If these terms are not met the result will be loss of deposit.
10. The rules and regulations contained herein and as posted in the office, on the craft, 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 assumes the responsibility to see that his/her family and/or guest(s) will obey the rules.
11. Should any term or condition of this Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
12. THE TERMS AND CONDITIONS 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 AGREEMENT, EXCEPT THAT LESSEE EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION POSTED IN LESSOR’S OFFICE.
Waiver and Release of Liability Agreement- Missouri
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by J McKay, Inc. DBA The Getaway. *(For purposes of this Waiver and Release, the term “J McKay, Inc. DBA The Getaway” includes all employees, agents, Representatives, Servants, assigns, successors, insurers and subsidiaries of J McKay, Inc. DBA The Getaway). If any other rental agreement is used in addition to, our in conjunction with, this Release, the provisions of this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned minor child. Renter agrees that he/she will disclose to “Rental Company” all potential operators, passengers, and all 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 or fault of “Rental Company".
II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provide 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 J McKay, Inc. DBA The Getaway.
III. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that J McKay, Inc. DBA The Getaway 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 J McKay, Inc. DBA The Getaway 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 J McKay, Inc. DBA The Getaway.
IV. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless J McKay, Inc. DBA The Getaway for all personal injuries, property damage, or any 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”
V. ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned hereby agrees 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 J McKay, Inc. DBA The Getaway 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 J McKay, Inc. DBA The Getaway for “Rental Company’s” Negligence.
Boat Rental Check-Out and Training
General Boating Safety:
1. Maintaining safe speed/monitor surroundings/drive defensively/no aggressive maneuvers
2. Maintaining a safe distance from other boats, objects and people
3. Do not enter the water without a lifejacket on, engine turned off and key removed
4. Conduct a head count before starting the engine
5. Always remain seated while the boat is in motion
6. Absolutely no sitting on the bow, sides or stern
7. Importance of attaching the engine shut-off cord/lanyard
8. Engine start and shut-off procedures
9. Dangers of CO2
10. Refueling procedures and engine blower use (if applicable)
11. Sound five blasts of the horn or whistle to signal danger or need for assistance
12. Boats do not have brakes – stopping the engine will not stop the boat
13. Proper boat anchoring procedures (if applicable)
14. Navigation rules – local laws, regulations, hazards and navigational markers
15. Towing sports safety, if allowed (i.e. water skiing, wake boarding, tubing)
Personal Watercraft (PWC):
1. Dangers of water being forced into body cavities from the jet thrust nozzle – wetsuit or wetsuit bottoms recommended
2. Never apply throttle if any participants are in the water near the PWC
3. Dangers of loose items (i.e. clothing, hair, stones, etc.) being sucked into the jet drive intake
4. A life jacket must always be worn with kill switch lanyard attached
5. Horseplay is never allowed – no spraying or splashing others; no wake or wave jumping
6. Stopping the engine will not stop forward motion
7. Steering control is lost when the throttle is released, or when the engine is shut off
8. How to respond to a capsized PWC
Houseboat and Pontoon Boat:
1. Keep fingers free from gates and hinges when exiting the boat
2. Proper use of navigation and anchor lights (houseboats only)
3. Keep gates closed and participants seated inside the gated area at all times when engine is running
4. Towing other boats is not permitted
5. If the boat has an upper deck:
- No one is allowed on the upper deck while the engine is running
- No jumping from the upper deck
- A spotter must be present when participants are on the upper deck or using the slide
I agree and understand:
1. I have received sufficient instruction and training, including, but not limited to, the pertinent areas listed above. I am prepared to safely operate the rented boat.
2. All participants must complete and sign all rental forms; there are to be no additional participants after the checkout procedure is completed.
3. Operation of the boat is not allowed by anyone that is under the influence of any legal or illegal drugs or alcohol.
4. No boat operation from dusk to dawn.
5. In addition to the terms noted above, I have been given an opportunity to ask any additional questions regarding the operation of the rented boat.
6. I have been provided emergency contact information.
A signature is required from each participant boarding the rental boat.
Today's date: February 8, 2023