· I understand that kayaking, paddle boarding, water mat, wake surf boards, and/or use of canoe have hazards inherent to the activity.
· I understand that the sport of kayaking, paddle boarding, water mat, wake surf boards, canoe rental and the use of such equipment involves a risk of drowning and/or injury to any and all parts of the user’s body and I hereby agree to freely and expressly assume and accept any risks and all injury to the user of this equipment.
· I understand that for kayaking, paddle boarding, water mat, wake surf boards, or canoe use, proper life jackets will be worn during use. I understand that for any sport these provisions do not eliminate the risk and may not reduce the risk of injury in the event of an accident.
· I understand that paddling and alcohol do mix and the operation of any vessel while intoxicated is dangerous and against local, state, and federal laws.
· I understand if a wave is headed my direction while underway, the best course of action is to turn the bow or the vessel into the wave so that I don’t take the wave broadside.
· I understand the best way to cross paths with a powerboat is to do so behind the vessel. I understand for my safety it’s best to carry some means of communication.
· I understand that unexpected immersion can happen and I am prepared such an occurrence.
· I understand that NONE of the above -mentioned equipment may be used as a towable or towed by any watercraft at any time.
· I acknowledges and agree that the Equipment will be operated by renter named above and will not allow any other persons to operate the equipment, unless they have provided a waiver to Lake Street Marina.
· I acknowledges and understands that I will return the Equipment to the dock at an agreed upon time on the end date of this contract. If I am late returning the equipment I understand I will be subject to additional charges for the additional time.
· I understand that LAKE STREET MARINA LLC reserves the right to cancel any rental due to inclement weather or other unsafe circumstances. If a rental is cancelled due to bad weather LAKE STREET MARINA LLC reserves the right to either prorate a monetary return in place of time lost or may issue a voucher for a rental another time and or date.
The equipment, at all times, remains the exclusive property of Lake Street Marina, LLC. The renter is responsible for damage to or loss of the equipment. If the equipment is lost, destroyed, or damaged beyond repair in the judgement or Lake Street Marina, LLC the renter agrees to pay for the value of the kayak, paddle board, water mat, wake surf boards, and/or canoe. All repairs needed as a result of the use of the equipment will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by the renter. A damage/loss deposit of $1000.00 will be collected. A credit card will be kept on file in the event of damage, and by signing this agreement you authorize Lake Street Marina to use that form of payment towards the cost of repairs. If the damage/loss exceeds $1000.00 renter agrees to pay the remaining balance due. Rentals taken from Lake Street Marina property for multi day use become renter’s responsibility and renter releases Lake Street Marina of all liability.
INSURANCE: Lake Street Marina, LLC offers NO insurance coverage for equipment damages incurred during your rental period. Please check your homeowner, auto, or credit card policy to see if there is an endorsement available to you.
RELEASE, REMISE, AND DISCHARGE: LAKE STREET MARINA LLC, the owners and operators of the leased water craft(s) and boating activities sponsored by LAKE STREET MARINA LLC (hereinafter referred to as “releases”), are released from any all liability to me/us as Renters as well as my/our personal representatives, heirs, next of kin, administrators, successors, and assigns, and for any and all loss or damage, any claims or demands on account of injury to me or any other person, whether or not the injury results in death, or damage to any property whether or not the property is owned by me, arising from, or in any related to my presence on the premises occupied by LAKE STREET MARINA LLC, and/or my participation in any activities sponsored by LAKE STREET MARINA LLC. INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE, INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE RELEASEES’ NEGLIGENCE.
AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES on account of injury to me or to any other person, whether or not the injury results in death, or account of damage to any property, whether or not the property is owned by me, arising from, or related to, my use of any property owned or leased by LAKE STREET MARINA LLC, whether or not these injuries or damages were caused by the releasees’ negligence.
AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AND RELEASES from any loss, liability, damage, or cost that may incur, including attorneys’ fees, arising from, or in any way related to, my presence on the premises occupied by LAKE STREET MARINA LLC, my operation of watersports equipment rented from or owned by LAKE STREET MARINA LLC., and/or my participation in any activities sponsored by LAKE STREET MARINA LLC.
ASSUME THE RISK OF BODILY INJURY, DEATH, OR PERMANENT DAMAGE, whether due to the negligence of RELEASEES negligence, my negligence, or any other reason or factor, while upon the premises, while operating watersports equipment rented from or owned by LAKE STREET MARINA LLC, and/or while participating in any activities sponsored by LAKE STREET MARINA LLC.
IT IS MY DUTY TO ASK LAKE STREET MARINA LLC TO FURTHER EXPLAIN ANY MATERIALS, RULES, REGULATIONS, OR INSTRUCTIONS THAT I DO NOT UNDERSTAND BEFORE I START MY RENTAL. I WILL NOT PARTICIPATE IN ANY PWC/JET BOAT OR BOATING ACTIVITY IF I DO NOT UNDERSTAND ANY PART OF ANY MATERIALS, RULES, DETAILS, REGULATIONS, OR INSTRUCTIONS PROVIDED TO ME BY LAKE STREET MARINA LLC.
15. ENTIRE AGREEMENT - The Renter(s) and Owner(s) acknowledge that this Agreement contains the full and complete agreement between the parties relating to the subject matter herein, that there are no oral, written or implied agreements or other modifications not specifically set forth herein, and that this Agreement supersedes all prior agreements or understandings, if any, between the parties, whether written or oral relating to the subject matter herein. The parties further agree that no modification of this Agreement may be made except by means of a written agreement or memorandum signed by the parties.
I hereby accept the terms of this contract. This document constitutes the final and entire agreement between Lake Street Marina, LLC and the undersigned. Lake Street Marina, LLC itself provides no warranties, express, or implied, and this equipment is accepted “as is.”
I have carefully read this agreement and release of liability and fully understand its contents. I am aware that this is a release of liability and contract between me and Lake Street Marina, LLC, and I sign it of my own free will.
Today's Date: November 30, 2022