OPERATOR QUALIFICATIONS AND SAFETY
I certify that I am at least 25 years old and possess a valid driver’s license. I will not permit anyone who has not been approved by the Company to operate the boat. I certify that I am legally qualified to operate a motorized vessel in Georgia. If I was born on or after January 1, 1998, I certify that I have completed a Georgia DNR-approved boater-education course or possess another certification accepted by Georgia law.
I acknowledge that I have received operating and safety instructions, understand the location and proper use of all required safety equipment, and have had an opportunity to ask questions before departing.
SAFE OPERATION
I agree to operate the boat carefully, responsibly, and in accordance with all federal, state, and local boating laws. I will observe posted restrictions, remain at idle speed where required, maintain a proper lookout, and operate at a safe speed for the weather, traffic, visibility, and water conditions.
I will not operate the boat at night or outside the authorized rental area or rental hours. I will not beach the boat or intentionally enter shallow, hazardous, or restricted water. I will not tow another vessel or person, participate in water sports, race, or use the boat for any illegal purpose. I will not dock or tie the boat to another vessel without prior authorization from the Company.
I will not operate the boat while impaired by alcohol, illegal drugs, prescription medication, fatigue, or any condition that could affect safe operation. I will not allow any other impaired person to operate the boat. PASSENGERS AND PERSONAL FLOTATION DEVICES
I accept responsibility for the conduct and safety of my passengers. I will not exceed the boat’s stated passenger or weight capacity. I will ensure that an appropriately sized, readily accessible life jacket is available for every person aboard.
I understand that Georgia law requires each child under 13 years of age to wear an appropriately sized life jacket while the boat is underway, unless the child is inside a fully enclosed, roofed cabin. I will require life jackets to be worn whenever directed by the Company or when conditions make their use reasonably necessary.
ASSUMPTION OF RISK
I understand that operating, riding in, boarding, leaving, fishing from, and being near a boat involve inherent and other risks that may result in property damage, serious personal injury, drowning, or death. These risks include, but are not limited to, collision; capsizing; falling overboard; slips and falls; wakes and waves; changing weather, wind, lightning, visibility, and water conditions; submerged or floating objects; docks; other vessels and operators; wildlife; fishing hooks and equipment; fire; fuel exposure; mechanical or equipment failure; delayed rescue or medical assistance; and the acts or omissions of other persons.
I knowingly and voluntarily accept and assume all such risks, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by law.
RELEASE OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY GEORGIA LAW, I RELEASE AND DISCHARGE BAIT SHACK WATERSPORTS, LLC, DOING BUSINESS AS LAKE LANIER FISHING COMPANY, AND ITS OWNER, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, INSURERS, AND EQUIPMENT OWNERS (“RELEASED PARTIES”) FROM CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATED TO MY RENTAL, POSSESSION, OPERATION, OR USE OF THE BOAT OR EQUIPMENT, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
This release does not apply to conduct that cannot legally be released under Georgia law.
RESPONSIBILITY FOR DAMAGE AND CLAIMS
I have been given an opportunity to inspect the boat and document its condition before departure. I accept the boat and equipment in their present condition and agree to notify the Company immediately of any accident, collision, injury, damage, loss, theft, grounding, mechanical problem, or law-enforcement contact.
I am financially responsible for loss of or damage to the boat, motor, propeller, equipment, and third-party property occurring during my rental or possession, except to the extent caused solely by the Company’s failure to disclose a known defect. I am also responsible for reasonable towing, recovery, salvage, cleaning, repair, and associated expenses resulting from my conduct, my passengers, or an unauthorized operator.
I agree to defend, indemnify, and hold the Released Parties harmless from third-party claims, liabilities, damages, and reasonable expenses arising from my actions, my passengers’ actions, an unauthorized operator, or my violation of this agreement, to the fullest extent permitted by law.
WEATHER, BREAKDOWN, AND EMERGENCIES
I am responsible for monitoring weather and water conditions and returning promptly when unsafe conditions threaten. In an emergency, accident, grounding, or breakdown, I will contact 911 when appropriate and notify the Company immediately. I will not arrange nonemergency towing or repairs without the Company’s authorization unless immediate action is reasonably necessary to protect life or prevent additional damage.
RENTAL CHARGES
I understand that I will be charged $25 for every 15 minutes the boat is returned late unless the Company approved different arrangements in advance.
I understand that I will be charged for fuel used during the rental period.
I understand that a $100 cleaning fee may be charged if the boat is returned with excessive trash, mud, sand, clay, food stains, fish residue, or other unusual cleaning needs.
FINAL ACKNOWLEDGMENT
I have carefully read this agreement, understand its terms, and have had an opportunity to ask questions. I understand that it contains an assumption of risk, a release of liability, and an indemnification obligation. I enter into it knowingly and voluntarily and agree that it is governed by Georgia law. If any provision is found unenforceable, the remaining provisions will remain effective
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