BOAT RENTAL AGREEMENT, RELEASE AND INDEMNIFICATION Date: September 18, 2021
For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, Lake Mary Ronan Resort Boat Rental (“Boat Owner”) agrees to rent the Boat listed below to Renter (identified above) for the time specified and subject to all terms and conditions set forth below.
1. Inspection of Equipment. Boat Owner certifies that the boat and motor are in good mechanical and physical condition. Any known damage or problems will be listed on this rental agreement. Renter will inspect the Boat prior to use and leases the same without any representations by Boat Owner. If Equipment has damage or problems not listed on this agreement, Renter must notify the Boat Owner before use of the boat begins and on the first day of rental.
2. Damage Deposit for fishing boat is $250, and for pontoon boat is $400. Renter acknowledges and understands that boat is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If rental Equipment is not left in suitable condition, Renter acknowledges and understands that Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that Boat Owner reserves the right to charge for any damages, repairs, replacement or special cleaning of any damaged or lost real or personal property. Renter acknowledges, understands, and agrees that by signing this Boat Rental Agreement/Contract, he/she is authorizing Boat Owner to charge Renter for any damages sustained. Such charges will be charged against the deposit and anything over will be charged to the credit card on file for the rental.
3. Prohibited Activities. The following activities are not permitted on the boat. Violation of this provision will result in the immediate termination of this contract and forfeiture of all monies paid by the Renter, including the full amount due for the rental regardless how much time is remaining on the rental.
b. Operating the boat while intoxicated;
c. Operate the boat with more people on board than the boat is rated for;
d. Allowing pets weighing more than 25 lbs.
e. Allowing more people on the boat than what the boat is rated for;
4. Renter Warranties and Representations. Renter represents and warrants the following:
a. That he/she acknowledges all laws governing operation of the boat and that he/she will comply with the laws and regulations at all times;
b. That he/she is adequately familiar with the operation of the boat;
c. That he/she will operate the boat in a safe manner at all times;
d. The he/she understands the operation of the boat involves risks and that he/she assumes all liability associated with the operation of the boat; and
e. That he/she has viewed the power boat safety videos provided at rentalboatsafety.com
5. Release and Waiver of Claims. Renter all passengers hereby remise, release, and forever discharge Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; or in any way arising out of the rental relationship between Renter and Boat Owner.
6. Indemnification. Renter hereby expressly agrees to indemnify and hold harmless Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the Boat.
7. Cancellation Policy. If Renter cancels his / her reservation within 7 calendar days of the reservation, Renter shall forfeit the deposit. If the cancellation is due to inclement weather, then the deposit will be applied to an alternate date. If inclement weather causes the rental period to end prematurely, the rental rate shall be prorated based on the time used.
8. Life Jackets. Any person under the age of 13 must wear a life jacket at all times while on the boat. All persons must wear life jackets while swimming from the boat.
9. Governing Law. This Agreement is governed, construed, and administered according to the laws of Montana, as from time to time amended, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of MONTANA or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Montana.
10. Entire Agreement. This Agreement constitutes the sole and entire agreement of its parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the subject matter. As between or among the parties, oral statements or prior written material not specifically incorporated in this Agreement have no force or effect. The parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.
Montana law requires the following with respect to PFDs (Personal Floatation Devices). Children under 12 years of age must wear a USCG–approved PFD at all times while on a vessel less than 26 feet long that is in motion. Each person on board a PWC must wear a USCG–approved PFD. Each person being towed behind a vessel must wear a USCG–approved PFD.
Renter’s agreement: I will make sure my passengers and I each have a properly fitted and properly adjusted U.S. Coast Guardapproved life jacket and know how to put it on. I understand that my all children passengers under the age of 12 must wear a U.S. Coast Guard-approved life jacket at all times when boating. Everyone else, including myself should also wear a U.S. Coast Guard-approved life jacket at all times. I understand there is the threat of a collision and it is my responsibility to slow down, steer away and/or stop. I understand when crossing the path of another boat, I should yield to the boat on my right, (starboard). - IF I OR THE OTHER BOAT FAIL TO ACT - I have assigned one responsible adult to keep track of the whereabouts and safety of each child on board. I understand that life jackets sized for adults are unsafe for children. I understand that when I meet another boat head-on I should steer to the right (starboard). I 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 understand that I must yield (give way) to all boats under sail. I understand that using alcohol, drugs and certain prescription medications may impair my ability to operate this boat safely. I will not operate this boat or allow anyone else to operate this boat while under the influence of alcohol or drugs. I understand that under Federal and/or State law it is a crime to operate a boat while persons are sitting on the front (bow), sides (gunwales), rear (stern), or swim platform. This behavior is considered grossly negligent operation of a boat. I will not permit swimming, diving, sliding, or jumping from or near the 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 will check to make sure that the water is deep enough before allowing head-first diving from the boat. I will instruct my passengers never to dive or jump off of a moving boat. I understand that five short blasts of a horn or whistle signal danger or need for assistance. I confirm that rental company staff have informed me about local hazards such as shallow water, submerged objects, currents, and weather conditions. I acknowledge that rental company staff have explained to me the local laws and regulations that apply to boating in this area. I understand them and will follow them carefully. I understand that it is recommended that I take a safe boating course approved by NASBLA through the U.S. Coast Guard Auxiliary, United States Power Squadrons® and individual states which would help me when I rent or operate boats.
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
September 18, 2021