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 Agreement. In the event the craft is not returned at time specified herein, said LESSEE agrees to pay for OVERTIME AT THE HOURLY RENTAL RATE, WHICH LESSEE REPRESENTS TO HAVE READ AND UNDERSTOOD.
THE LESSEE CERTIFIES THAT HE/SHE WILL OPERATE THE BOAT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN BBR BASS BOAT RENTALS WEBSITE, AND AS POSTED AT THE BODY OF WATER WHERE THE BOAT WILL BE USED, AND AS POSTED BY THE STATE IN WHICH THE BOAT WILL BE USED, AND AS POSTED ON THE BOAT ITSELF, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.
LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF ANY OF THE RENTAL EQUIPMENT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX (6).
This is to certify that I, the LESSEE am experienced and capable in all aspects of the handling and operation of a craft such as the one rented.
I HAVE READ THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH; THAT I ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.
I, the LESSEE further agree:
1. The LESSEE acknowledges he/she has carefully examined the craft 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 craft and equipment in a safe, dependable condition while in his/her custody.
2. Lessee's 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.
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, or not equally qualified;
e. of the rental craft in a brackish or salt water environment, as this will damage the equipment.
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. I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE BBR BASS BOAT RENTALS, LLC, or any of their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, all for the purposes herein referred to as “Releasees,” FROM ALL LIABILITY TO ME, my personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO ME, including, but not limited to, death or damage to property, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE. Further LESSEE expressly agrees to indemnify and hold Releasees 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.
9. 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.
10. 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.
11. THE TERMS AND CONDITIONS ON THIS AGREEMENT CONTAIN 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 BY LESSOR.
12. I have received a copy of the provisions of the Texas water safety act.
13. That I have received information and instruction regarding the operational characteristics of the rented vessel.
Today's Date: November 29, 2021
EQUIPMENT ACCEPTANCE CHECKLIST
In consideration of the agreement herein, BBR BASS BOAT RENTALS, LLC hereafter referred to as "LESSOR" does lease to the undersigned hereafter referred to as the "LESSEE" the craft and equipment described herein.
I, THE LESSEE CERTIFY THAT I HAVE EXAMINED THE BOAT, IT'S EQUIPMENT, MOTOR AND TRAILER (IF RENTAL PERIOD INCLUDES TRAILER) AND FIND IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED.
Today's Date: November 29, 2021