WATER VESSEL AGREEMENT + PERSONAL LIABILITY RELEASE
A completed PONTOON/SPEEDBOAT/FISHING BOAT rental agreement is valid proof of competency when signed by Customer. Customer to initial/sign on all lines provided to confirm you understand each item.
DEFINITIONS “Agreement” means all terms and conditions found in this form. “You” or “your” means the person identified as the renter, any person signing agreement, and any authorized driver and any person or organization to whom charges are billed by us at its or the renters’ direction. All persons referred to as “you” and “your” are jointly and severally bound by this agreement. “We”, “our”, or “us” on this agreement, provide that each such person has a valid driver’s license and is at least 18 years of age. Vessel means the PONTOON/SPEEDBOAT/FISHING BOAT listed in this agreement and any vessel we substitute for it. RENTAL CONTRACT This is a contract for a rental of a vessel. We may repossess this vessel at your expense without notice to you if the vessel is abandoned or used in a violation of the law or this agreement. You agree to indemnify us, defend us, and hold us harmless of all claims, liability costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the vessel. We make no warranties, express, implied, or apparent, regarding the vessel, no warranty of merchantability and no warranty that the vessel is fit for a particular purpose. PERFORMANCE You agree to respect the laws and regulations of the waterways. You agree to stay in designated areas at all times and will not litter at any time. You understand that you are completely responsible for any tickets or citations received during the rental period. If vessel gets stuck, is found, reported, or in distress etc. on any lake, a reckless handling fee will be assessed up to and including $500 plus the cost of repairs. SAFETY Vessel will be operated in a safe manner. You hereby release Western Michigan Boat Rental LLC DBA 3rd Coast Rentals of any financial liability or any other type of responsibility or liabilities for any injuries or accidents that occur during the rental period. You agree as the renter that you will operate in a safe responsible manner and obey all designated rules. You understand that it is illegal to operate any vessel while under the influence of drugs or alcohol. DANGER The use of a vessel can pose dangerous activity that depends upon both the good decision-making and safe technique of the rider/renter. Extreme care should be used when operating a power sport vessel. Rider/renter assumes the risk of extreme physical danger including injury and death in misuse or any rental vessel from Western Michigan Boat RentalLLC DBA 3rd Coast Rentals in the event that the rider/renter of the vessel becomes injured or lost, the rider/renter acknowledges that they may be responsible for any search and rescue fee incurred by and third party in the course of rescue attempts. Furthermore, the rider/renter discharges Western Michigan Boat Rental LLC DBA 3rd Coast Rentals from any claims, injury, or damages from use of its rental vessels or trailers. This vessel may not be operated by a rider/renter after dusk and before dawn.RETURNS/LATE FEES You must return the vessel to the location we specify, on the date and time specified in this agreement, and in the same condition that you received it. You agree to pay Western Michigan Boat Rental LLC DBA 3rd Coast Rentals a late fee of:
01-15 minutes late = $ 35.00
16-30 minutes late = $ 70.00
31-45 minutes late = $105.00
46-60 minutes late = $140.00 FINANCIAL RESPONSIBILITY You own complete financial responsible for any and all damages and/or theft that occur to the vessel during the time and date rented out until the vessel is returned and checked over completely by an authorized employee/agent of Western Michigan Boat Rental LLC DBA 3rd Coast Rentals, in satisfactory condition. You understand that you are completely liable for the theft of any/or all vessels, life vests, and/or any parts stolen from the vessel including the vessels themselves or any other items borrowed or rented from Western Michigan Boat Rental LLC DBA 3rd Coast Rentals during the rental period. (Rental period is defined as: from the time you sign this form to the time a Western Michigan Boat Rental LLC DBA 3rd Coast Rentals employee/agent checks in the vessel back in. No exceptions.)CHARGES You will pay us, or the appropriate government authorities, on demand, all charges do to us under this agreement, including: (a) court costs, towing, storage, and impound charges, and other expenses involving the vessel assessed against us or the vessel. (b) All expenses we incur locating and recovering the vessel if you fail to return it or if we elect to repossess the vessel under the terms of this agreement. (c) All costs, including pre- and post- judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this agreement. ATTORNEY’S FEES Knowing this, anyone who nevertheless engages in and is hurt in this activity also agrees to indemnify Western Michigan Boat Rental LLC DBA 3rd Coast Rentals and its Associates for all attorney’s fees and related costs incurred in defending themselves against and compensatory actions taken or threatened by the rider/renter, the parent(s) or guardians thereof, personal representatives or assigns, including all minor children, and parental representatives.MODIFICATION OF AGREEMENT No term of this agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the vessel to our rental office for a written amendment by us of the due date. This agreement constitutes the entire agreement between you and us.UNDERSTANDING You hereby agree to all the above conditions and statements on this agreement and everything you have written is true to the best of your knowledge. You have read this entire document and agree in full. You have every chance to openly review this document. You do not and will not hold Western Michigan Boat Rental LLC DBA 3rd Coast Rentals responsible for any medical or financial expense incurred during the rental period. You understand that you are volunteering for this activity and there is a risk of injury to yourself, others, and also the equipment.DAMAGE AND REPAIR COSTS You are responsible for all damages to the vessel, including damage caused by weather, acts of God, or terrain condition. You are responsible for costs of the repair or the actual cash retail value of the vessel on the date of the loss if the vessel is not repairable or if we elect not to repair it whether or not you are at fault. You are responsible for the theft of the vessel. You must report accidents to us and the police as soon as you discover them. You agree to pay manufactures’ current repair costs in labor charges and suggested retail on brand new factory replacement parts if any damages occur during rental period, plus lost income for 8-hour rental for each day the vessel is out of commission. We do not straighten or weld any damaged parts or replace any damaged parts with used parts. If any part has a crack of any size, the part must be replaced with a brand-new factory part. You authorize Western Michigan Boat Rental LLC DBA 3rd Cost Rentals to use your credit card toward any repairs necessary to restore the equipment back to the value of that machine you will be required to purchase the vessel for high Kelly Blue Book value at the time the vessel is damaged. If the vessel is not returned clean, the rider/renter is to pay a $75.00 cleaning fee. All damages and/or cleaning must be paid for immediately.
ACCIDENTAL and PERSONAL LIABILITY INSURANCE I, the renter give permission to the owners of Western Michigan Boat Rental LLC DBA 3rd Coast Rentals to request medical attention in the event of an emergency and to provide my insurance information to the hospital/doctor. This will be done on my behalf only if medical attention needs to be obtained immediately. I agree to pay any and all expenses incurred to treat myself and/or child and/or passenger. ACKNOWLEDGEMENT OF RISKS The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action, and ship’s wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazards which results in wetness, injury, exposure to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life; 5) Equipment failure or operator error;
6) Operators sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightening, variances and extremes of wind, weather, and temperature; 8) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration. Further, the undersigned understands that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. EXPRESS ASSUMPTION OF RISKS The undersigned hereby agrees that I, the renter am renting, operating, or using the equipment provided by Western Michigan Boat Rental LLC DBA 3rd Coast Rentals at his/her own risk. The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cut, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant from any of the foregoing risks and assumes all risk of injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Western Michigan Boat Rental LLC DBA 3rd Coast Rentals. LIABILITY TO PARTIES The undersigned hereby agrees that I, the renter will indemnify and hold harmless Western Michigan Boat Rental LLC DBA 3rd Coast Rentals for all personal injuries, property damages, or any other damaged to any and all 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 Western Michigan Boat Rental LLC DBA 3rd Coast Rentals. ACKNOWLEDGMENT OF WAIVER AND RELEASE The undersigned states that I, the renter had been given sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that I, the renter have carefully read the foregoing Waiver and Release, know the contents thereof, and have signed this Release as my own free act. The undersigned warrants that they are aware that they may rent, operate, or use equipment from another rental facility, but have chosen to rent, operate, or use equipment from Western Michigan Boat Rental LLC DBA 3rd Coast Rentals with the knowledge that signing this release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that they are fully aware that they are waiving any right they may have to bring a legal action to assert a claim against Western Michigan Boat Rental LLC DBA 3rd Coast Rentals for rental company’s negligence. WAIVER A waiver by us of any breach of this agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this agreement. Unless prohibited by law, you release us from any liability for consequential, special, of punitive damages in connection with this rental or the reservation of a vessel. If any provision of this agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. I FULLY AGREE I, the renter, have read and fully understand the above. I fully agree to the terms and conditions as stated in the above said check or initialed lines in the Accidental and Personal Liability contract and to the (Rental Boat) Water Vessel Agreement provided by Western Michigan Boat Rental LLC DBA 3rd Coast Rentals. PROOF OF PURCHASE By signing this waiver you agree this is proof of purchase and can be used as proof of a 3rd Coast Rentals receipt.
BOATING SAFETY RULES: PONTOON BOAT, SPEEDBOAT, FISHING BOAT
Individuals renting a pleasure craft fitted with a motor are required to complete a Safety Check List. Customer must READ and INITIAL/CHECK each BOX on the FORM.
LIFE JACKETS/THROWABLE and BOAT CAPACITY
I Agree I, the Captain, confirm that there are the appropriate number and sizes of approved Personal Floatation Devices or Life Jackets in the pontoon/speed/fishing boat for the number of people on board. All children 6 years and under, elderly, medicated, and/or disabled, and those who are not strong swimmers must wear a US Coast Guard approved life jacket. (adult-size life jackets are unsafe for children)
I Agree I, the Captain, will turn off pontoon/speed/fishing boat motor and toss the throwable device provided in case of a person overboard.
I Agree I, the Captain, will put on a life jacket and instruct all my passengers to do the same in case of a dangerous situation such as threat of collisions or swamping, heavy wake, or inclement weather.
I Agree I, the Captain, confirm that the maximum load capacity and number of persons in the pontoon/speed/fishing boat will not exceed the amount stated on the capacity plate. I am aware of the proper way to distribute weight in the pontoon/speed/fishing boat for a safe and comfortable ride and I will keep my passengers in the safest positions at all times – always seated while underway.
SAFETY and AWARENESS
I Agree I, the Captain, am aware that it is illegal to operate a pontoon/speed/fishing boat, or permit others to do so, when under the influence of alcohol, narcotics, or barbiturates.
I Agree I, the Captain, while operating this pontoon/speed/fishing boat understand that some of this boat is obstructed from my view at the driving stations. As the operator of this pontoon/speed/fishing boat, I will always use another lookout person that will communicate with me as to safe backing, docking, maneuvering, and approaching other vessels.
I Agree I, the Captain, understand that under Federal and/or State law it is a crime to start or operate a pontoon/speed/fishing boat while persons are sitting on the front (bow), sides (gunwales), rear (stern), or swimming platform. This behavior is considered grossly negligent operation of a boat.
I Agree I, the Captain, understand that there is a 30FT AWARENESS ZONE that extends 30ft behind and completely around this pontoon/speed/fishing boat. I also understand the spinning blades of propellers are in this awareness zone and are EXTREMEMLY DANGEROUS and can kill. Boats with inboard/outboard motors come equipped with a blower system and I must run the blower for at least 4 minutes before starting the boat motor to assure all dangerous combustible fumes have been released from the motor area.
I Agree I, the Captain, will take a head count to make sure all passengers are accounted for and SEATED before starting the motor and operating the pontoon/speed/fishing boat. I will also post a lookout at the rear and front deck to assist in doing the same.
I Agree I, the Captain, will not permit swimming, sliding, or jumping from or near the pontoon/speed/fishing 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 Agree I, the Captain, will make sure that I, or someone who knows how to operate the pontoon/speed/fishing boat, remain on board whenever the boat is unanchored.
I Agree I, the Captain, understand how to restart engine for water travel again by:
1. Look to make sure awareness zone is clear, 2. Check to make sure all passengers are seated and accounted for, 3. Shout: “Prop Clear, Engine Starting”
I Agree I, the Captain, understand I need to call 3rd Coast Rentals: 231-412-7665 with boating complications as in: refueling, minor Non-Life Threating accidents, reboarding, grounding, capsizing, lost on the water, boat break-down, and so on. Call 911 first with Life-Threatening situations and 3rd Coast Rentals right after.
NAVAGATING the WATER
I Agree I, the Captain, shall maintain a proper lookout at all times for other boats, navigational signs, hazards and changes in weather conditions – changes in weather can occur quickly creating conditions dangerous to recreational boats.
I Agree I, the Captain, understand if there is the threat of a collision it is my responsibility to slow down, steer away and/or stop.
I Agree I, the Captain, understand that when I meet another boat head-on I should steer to the right (starboard). If unsure err on the side of caution – slow down and yield way.
I Agree I, the Captain, 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 Agree I, the Captain, understand that I must yield (give way) to all larger boats and boats under sail.
OPERATION of the BOAT before the water
I Agree I, the Captain, must be 18 years or older and have a valid driver’s license. I am aware that operating a pontoon/speed/fishing boat without proof of competency on hand may subject myself to ticketing/fine.
I Agree I, the Captain, know the location of safety equipment and how to use safety equipment onboard this pontoon/speed/fishing boat. Operating without this safety equipment subjects me to ticketing and a fine.
I Agree I, the Captain, have been shown and understand the proper procedure for starting and shutting off the engine and will make sure no person is in the water within the vicinity of the pleasure craft before starting and while running the motor.
I Agree I, the Captain, have been shown and understand the operation of the throttle and gear-shift lever.
I Agree I, the Captain, have been shown and understand where and how to operate the ignition cut-off (kill) switch. While operating a pontoon/speed/fishing; I will stay tethered to it at all times unless the engine is turned off.
I Agree I, the Captain, will remain at idle speed within 100 ft. of all swimming areas, beaches, docks, boats, or other structures in the water and No Wake Zones.
I Agree I, the pontoon/speed/fishing operator, understand that all passengers should remain seated whenever this boat is started or operated. I will instruct my passengers to stay seated and have a firm grip on the boat.
I Agree I, the Captain, understand that this pontoon/speed/fishing boat is powerful, and that it may be easy to lose control if I go too fast, turn too quickly, or encounter the wake of another boat.
I Agree I, the Captain, will not operate this pontoon/speed/fishing boat at speeds that are unsafe for the conditions.
I Agree I, the Captain, understand that this pontoon/speed/fishing boat has no brakes, so that stopping quickly is impossible – especially if I am going too fast.
I Agree I, the Captain, will NOT operate this pontoon/speed/fishing boat between DUSK and DAWN. The pontoon/speed/fishing boat is equipped with working navigational lights, but 3rd Coast Rentals and their insurance company will not allow dim-light driving—between dusk and dawn.
I Agree I, the Captain, will anchor where it is easy for other boats to see this pontoon/speed/fishing boat. I will not anchor where there is potential for any high-speed boat traffic such as main channels or open water. (See anchor picture provided at the end of this waiver.)
I Agree I, the Captain, understand and am aware of how to depart and approach the dock in a safe and proper manner.
I Agree I, the Captain, understand that those engaged in tow sports – including water skiing, tubing, wakeboarding, and kneeboarding – are not safe in the water unless they are at least 30ft behind this pontoon/speed/fishing boat when the motor is running.
I Agree I, the Captain, understand that “it takes three to ski” and I will only use this pontoon/speed/fishing boat for tow sports when there is a lookout in addition to the boat operator.
I Agree I, the Captain, understand that I MUST always approach a down skier or swimmer on the driver’s side at a safe idle speed and keep my skier in view at all times. I will also turn the outboard motor or speedboat motor off before the swimmer enters the boat’s (30FT) SAFETEY AWARENESS ZONE.
I Agree I, the Captain, will ensure that those engaged in tow sports wear a properly fitting and properly adjusted US Coast Guard approved life jacket.
I Agree I, the Captain, will never engage tow sports after dark.
I Agree I, the Captain, will properly stow all tow sport equipment, especially tow lines, before starting the engine. I understand that improperly stowed tow lines, rafts, and tubes can be caught by the wind and cause injuries to boat operators and passengers.
[agree] I, the captain, am aware these same safety instructions and checklist are onboard with my boat for me to refer to at any time while operating this vessel.
I AgreeI, the Captain, agree and understand or will ask questions until I do understand that I have been given consent to use this pontoon/speed/fishing boat in accordance with the previous mentioned rules and regulations with NO EXCEPTIONS. I further agree I am responsible for the safe operation and navigation of this vessel. I am also responsible for the safety of ALL passengers through the duration of the rental. I further agree and understand or will ask questions until I do, understand that as the Captain (s), I, or my alternate Captain are the only authorized and approved people to operate the rental watercraft.
I Agree I, the Lookout, agree and understand that as the Lookout I am responsible for assisting the captain in the safe operation of the boat. It is also my responsibility to watch out for other boats, swimmers and obstructions that may be in the water. I further agree that I completely understand the rules and regulations and the Awareness Zone or I will ask questions until I do.
August 14, 2022