NO INDIVIDUAL MAY OPERATE A RENTED/PROVIDED BOAT WITHOUT FULLY INITIALING THE BOXES PROVIDED AND SIGNING THIS AGREEMENT.
This Boat Rental Agreement (“Agreement”) is entered into by AZTX Boat Rentals, LLC,(“Lessor”), located, 15264 TX-105, Montgomery Texas 77356 and the Renter identified above, referred to herein as “Lessee.” This Agreement is subject to the following terms, conditions, assumption of risk, and waiver of liability and indemnification agreements contained herein.
Lessor agrees to lease to Lessee the watercraft identified above (the “Boat”)for the date(s) and times stated above and in exchange for Lessee’s payment of the Rental Price stated above, all pursuant to the terms set forth in this Agreement, including the Terms & Conditions attached hereto, and with the understanding that Lessor has the right to terminate the Rental (or a guest’s participation) without notice should Lessor deem it unsafe to continue, including without limitation, weather conditions or Lessor’s belief that Lessee or a guest is impaired in a way that unnecessarily risks the safety of the Boat or other participants:
There are significant elements of risk in any adventure sport or activity associated with the outdoor presence or use of motorized watercraft including, but not limited to, boats, jet-skis, and all other forms of personal watercraft (PWC) (referred to herein as “activity”). Although Lessor has taken reasonable steps to provide Lessee with appropriate equipment and/or skilled staff so that Lessee can enjoy the activity regardless of skill, the activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be the cause of loss and damage to equipment, accidental bodily injury, and illness or, in extreme cases, permanent trauma or death to the participants in the activity or to others present on the body of water in which the activity is conducted. Some, but not necessarily all, of the risks assumed in renting and operating the Boat include: 1) Changing water conditions, wave action and the wakes of other watercraft; 2) collision of the Boat with swimmers, other watercraft, and manmade or natural objects (such as docks or submerged rocks/trees); 3) variance and extremes of wind, weather and temperature, including without limitation, wind, rain, hail, and lightning; 4) the participant’s sense of balance, physical coordination, ability to operate equipment, swim, and/or follow directions; 5) capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia and/or drowning; 6) equipment failure and operator error; 7) heat or sun-related injury or illnesses including sunburn, sunstroke or dehydration; 8) fatigue, chill and/or dizziness, which may diminish recreation time and increase the risk of an accident; 9) Operating a boat or participating in the activity with someone operating the boat while drinking may increase the chance of injury to you or someone else. Alcohol affects judgment, vision, balance and coordination. These impairments increase the likelihood of accidents afloat for both passengers and boat operators.
If you are pregnant or think you are pregnant you should consult your doctor before exposing yourself to any potential risks associated with boating or this activity.
Express Assumption of Risk and Responsibility:
Lessee agrees to assume responsibility for the risks identified herein and those risks not specifically identified. Lessee verifies that he/she is physically fit, not under the influence of alcohol or drugs (including prescription medications) at this time, and sufficiently qualified, trained, and capable to operate the Boat and participate in the boating activities. Lessee expressly assumes full responsibility for all of Lessee’s guests, including any minor children for which Lessee is responsible, for all loss, expense, damage, claims, suits, arising out of loss of personal property, bodily injury, accidents, illness, including without limitation, sprains, torn muscles or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions and/or contusions: dehydration, drowning, oxygen shortage, and/or exposure; head, neck, and/or spinal injuries; bite or attack by animal, insect or marine life, allergic reaction, shock, paralysis or death. Lessee and guests elect to participate despite the risks. Lessee agrees to wear a U.S Coast Guard approved personal floatation device (PFD or life jacket) while participating in the activity and that Lessee will ensure his/her guests do the same. The PFD are on the Boat. This safety requirement is required for all children 13 years of age and under; as well as Lessee’s guests who are unable to swim. Participation includes, but is not limited to, riding on or in any watercraft.
Lessee understands and acknowledges the risks set forth above and, on behalf of him/herself and all guests, including minors in the party (whether Lessee is the minor’s parent, legal guardian or otherwise responsible for the minor’s participation in the boating activities contemplated by this Rental), freely and voluntarily elects to participate in the boating activities. Lessee further acknowledges and agrees that Lessor is not an insurer of Lessee’s or guests, or any other person’s behavior, actions or other conduct in any way associated with Lessor’s use of the Boat. Therefore Lessee, on behalf of him/herself and his/her guests, hereby agrees to waive, release, discharge, indemnify and hold harmless Lessor, as set forth more fully in this Agreement’s Terms & Conditions.
By signing this Agreement, Lessee herein certifies he/she understands and agrees to be bound by this Agreement, including the attached Terms & Conditions. Lessee further certifies that Lessee is not now, nor will be, at any time during the operation of the Boat, or during the Rental Period, under the influence of alcoholic beverages, prescription medications, other drugs, or any other impairment. LESSEE AGREES TO PAY FOR ALL REPAIR CHARGES, FOR ALL DAMAGE INCURRED AND SIGN A DECLARATION OF LIBILITY RESPONSIBILTY FOR ANY DAMAGE INCURRED TO THE BOAT(S). LESSEE AGREES THAT COMPLETION OF THE RENTAL PERIOD DOES NOT RELIEVE HIM/HER OF HIS/HER OBLIGATIONS FOR OTHER CHARGES FOR WHICH HE/SHE IS RESPONSIBLE. LESSEE'S SIGNATURE BELOW PROVIDES AUTHORIZATION FOR ALL ADDITIONAL CHARGES TO HIS/HER CREDIT CARD, AND/OR DEPOSIT. LESSEE AGREES TO WAIVE HIS/HER RIGHT TO CHARGE BACK ANY AND ALL CREDIT CARD DEPOSIT HELD BY LESSOR.
BOAT RENTAL AGREEMENT TERMS & CONDITIONS
The following constitute the terms and conditions agreed to between AZTX Boat Rentals, LLC (“Lessor”) and Lessee for the lease of the watercraft and related equipment (“Boat”) identified on the face of the Boat Rental Agreement (“Agreement”).
1. PAYMENTS: The rental term shall begin and end on the date(s) identified on the face of the Agreement. Should Lessee not be present or not ready to accept delivery of the Boat, for whatever reason, at the Date/Time Out, Lessor reserves the right to rent the Boat to someone else. Lessee agrees to return and surrender possession of the Boat on the date and time identified as the Return Date/Time on the face of this Agreement in as good and clean a condition as when delivered. Lessee is responsible for allowing sufficient time for unseen contingencies to permit Lessee to return at the stated time. A late charge of $75.00 shall be assessed for every half-hour, or portion thereof, the Boat remains in Lessee’s possession after the Return Date/Time. All rent is due at the time of rental. Lessee agrees to pay Lessor interest at the rate of eighteen percent (18%) per annum on any delinquent amounts until paid.
2. SECURITY DEPOSIT: Lessee will deposit the amount identified on the face of this Agreement as “Security Deposit” with Lessor. Lessee agrees that this deposit may be applied to satisfy any obligations of Lessee under this Agreement, but neither the making of the Security Deposit or the use thereof by Lessor, shall excuse the Lessee from the full performance of any such obligation. It is further agreed that said Security Deposit will be increased for the repair of any damages or loss of equipment not covered by a collision damage waiver (CDW), and such charges for consumable items as may have been used and not paid during the term of the use period. In case of damage for which the cost is not immediately ascertainable, the Security Deposit shall be retained and any portion thereof that has not been applied by Lessor shall be returned to the Lessee within 30 days of the termination of this contract. Lessee shall remain responsible for damages more than the Security Deposit and/or loss not covered by the CDW. All fees and charges, in any incurred by Lessee pursuant to the terms of this Agreement, shall be charged to Lessee's credit card on file with Lessor.
3. DAMAGE, LIABILITY, AND INSURANCE: Lessee shall be responsible for the full value of any loss of or damage to the Equipment, regardless of fault, during the rental term. Lessee agrees that the value of the Equipment stated on the face of the Agreement is accepted as the true value of the Equipment. Lessee shall be liable for all expenses, personal injury, and property damages and claims arising out of its possession, operation, or transportation of the Equipment. Lessee agrees to indemnify and hold harmless Lessor from any and all claims whatsoever arising from, relating to, or in any way connected with the Equipment, including attorneys’ fees, costs, or consequential or delay damages.
4. DAMAGES: The Lessee’s Security Deposit shall be first applied to any boat damage/collision damage to the Boat or Equipment damage. Damage exceeding the $500.00 coverage by the deposit is the responsibility of the Lessee up to the Deductable amount of $1000.00. Lessee agrees to allow Lessor to charge the card that was used for the deposit for the remaining $500.00. In the event Lessee is found at fault and not covered by insurance, lessee is responsible for any and all losses. Lessee is responsible for any and all losses, including but not limited to parts, labor, and down time of vessel, rental cancelations and or potential rentals. Any damage to the Bimini frame will be the responsibility of the Lessee/renter at full replacement and install cost, not repair cost. Bimini frame damage is not and will not be submitted to insurance to reduce the cost for the Lessee/renter.
5. ACCIDENT, BREAKDOWNS, UPSET, INDEMNITY AND RELEASE: In the case of an accident, Lessee shall notify Lessor immediately. Lessee shall cooperate fully, as may be necessary or required with all investigations conducted by Lessor or any governmental agency or department. No repairs may be performed to the boat without permissions from Lessor. Lessor agrees that, should the Boat sustain mechanical failure, breakdowns of machinery, or be disabled or damaged by fire or other cause to prevent the use of the Boat by the Lessee for a period of more than 10% of the agreed Rental period, the same not being brought about by any act or default of Lessee, Lessor shall make a prorate return of rental fees to Lessee. The entire amount of the security deposit shall be forfeited if the Boat is upset or overturned, and such payment shall be in addition to any other damages or lost equipment incurred. Lessee, on his/her own behalf and on behalf of his/her guests, hereby agrees to waive, release, discharge, indemnify and hold harmless Lessor and its agents, affiliated companies, attorneys, affiliated entities, ventures, partnerships, servants, employees, predecessors-in-interest, successors-in interest, heirs, devises, assigns, and each and every owner, municipal and/or governmental agency upon whose property the boating activities are conducted from any and all past, present and future liabilities, claims, claims for monetary recovery, damages, demands, causes of action, judicial, administrative and arbitration awards and suits of every kind and nature brought by, relating to and/or arising from the rental, use and operation of the Boat and related equipment, whether or not furnished by Lessor. Lessee’s obligation to indemnify and hold harmless includes any liability or loss arising from Lessor’s negligence. In the event of any action or claim triggering Lessee’s obligations under this paragraph, Lessor shall have the sole right to select counsel for its defense.
6. SERVICE, DAMAGE AND LOSS OF EQUIPMENT FEE POLICY: Boat damage (includes hull damage) and loss of equipment fee is as follows for each Boat and furnished items of equipment: 1) Charges include labor of $120 per hour plus cost of parts and/or materials; 2) A fee of $500 plus parts and labor will be assessed in the event the Boat engine ingests water (Hydro-locking). 3) Impeller damage $500 and up; 4) $250 for each cigarette burn or small tears in upholstery 5) Rope sucked into the jet $500 6) Prop damage $250 and up and 7) Jet Ski fiberglass damages $200 and up. 8) Damage to the bimini from going under a bridge too low for the boat to pass $3000 and up. The foregoing information are the most common damages caused to the Boat but in no way release the Lessee from any and all damages caused by Lessee and/or his/her guests’ actions and/or neglect. Lessee agrees that if damage does occur, and if full payment is not received within seven (7) days of billing for same, Lessor, at its discretion, may charge the Lessee for lost revenue due to the Boat’s extended down time for repairs. Lessee agrees that Lessor may charge the card on file for any of the damage incurred.
Red wine is prohibited aboard boat. If red wine is found aboard boat, Security Deposit will be forfeited.
Example of damage cost:
Ding on prop - $250 and up
Severe damage to prop - $650 and up
Fiberglass damage under 2 inches - $180
Fiberglass damage over 2 inches - Price will be determined after inspection of repair shop
Dent on aluminum rail - $200 and up
Hole in toon - $250 and up
Broken/missing ignition key - $50 - $100
Tear in upholstery - $250 and up
Tear in Bimini - $650 and up
Broken Bimini frame - $3000 and up
Rope in Jet or prop - Loss of deposit
Stones in Jet - $2000 and up
Tow - $200 and up
Flipped Jet Ski - $700 and up (water in motor)
Damaged Jet Ski motor due to flipping - $2500 and up
Beaching boat - lose of deposit and my incur additional cost
Anchor - $150 - $250
Tube - $200 and up
Tube Rope - $85
Wakeboard Rope - $75
Pump - $40
Harness (pontoons only) - $75
Flag - $15
Float Pillow - $45
Gas Cap - $45
Life Vests (each) - $50
These prices are only examples and other cost may be added to missing/damaged items, even if not mentioned herein.
7. ACCEPTANCE AND WARRANTIES. Acceptance of the Boat shall constitute binding acknowledgment that Lessee has fully inspected the Boat (including all onboard equipment and supplies furnished by Lessor) and that the same has been received in good, safe, and serviceable condition, unless noted in writing at the time of receipt of same. Lessee certifies, by acceptance of the Boat for use, that Lessee has examined the Boat before departure and confirmed that the Boat is safe, operable, and properly outfitted as required by law. The descriptions of the Boat and its onboard equipment provided by Lessor are for purposes of reference only; and there is no warranty, expressed or implied, that the Boat and its onboard equipment conforms to the descriptions. Lessor’s liability for a claim based upon the theory of warranty shall not exceed the daily rental rate of the Boat set forth in the Agreement. LESSOR MAKES NO REPRESENTATIONS, WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS OTHERWISE CONTAINED IN THIS AGREEMENT.
8. DUTY TO MAINTAIN & OPERATING EXPENSES: Lessee agrees to pay all fees, charges and expenses attendant to and incidental to the use and operation of the Boat during the rental period, including but not limited to fuel and oil. Under no circumstances shall Lessee contract for or agree to the payment of such fees, charges, or expenses in the name of Lessor. Lessee shall not alter the Boat during the rental term. Lessee shall return the Boat, including all onboard equipment and supplies, to Lessor in the same condition as received (less ordinary wear and tear). Any repairs to the Boat will be performed by or at the direction of Lessor at Lessee’s sole expense. Boat must be returned with full tank of gas. Fuel cost + $25.00 service fee will be charged if boat is returned with less than a full tank.
9. OPERATION: Lessee fully understands and is experienced in the navigation of the Boat and is experienced in the use of all onboard equipment. Lessee further warrants Lessee is familiar with the Boat and understands the operating instructions. Lessee agrees to restrict the operation of the Boat to competent, qualified operators who are AT LEAST 21 YEARS OF AGE AND WHO HAVE SIGNED THIS AGREEMENT: Lessee further certifies, represents, and warrants that Lessee will at all times operate the Boat in a reasonable and prudent manner, having due regard for other watercraft, wakes and all other attendant circumstances so as to not endanger the life, limb or property of any person. Lessee further warrants that at all times while operating the Boat, Lessee will follow and comply with all safety and navigation markers, signs and or buoys as well as all marked and posted operation restrictions regarding speed, wakes, area access and hazards, and all applicable laws and regulations. Lessee shall not overload the Boat beyond passenger or weight restrictions. If the boat is overloaded beyond Lessor’s passenger or weight restrictions Lessee may lose his/her Security Deposit.
10. LIMITATION ON USE & OPERATION: With respect to the operation of the Boat during the rental period, Lessee agrees to comply with the following: 1) identify all buoys; 2) obey all “no wake” area restrictions. Any Lessee caught or observed breaking the no wake rule is subject to loss of deposit; 3) always look in all directions for other watercraft and hazards; 4) when not at wake-less speed, stay at least 60 feet from other watercraft; 5) do not attempt jumps or cross the path of another watercraft; 6) prevent collisions by staying away from other watercraft and steering away from other watercraft while applying appropriate throttle; 7) Board the Boat from the stern (rear) only while the motor is off; 8) Do not beach the Boat; 9) keep away from the propeller at all times; 10)report all accidents or damages to Lessor immediately; 11) Lessee will not operate the Boat in less than five feet of water; 12) the operation of the Boat shall be restricted to daylight hours and restricted to Lake Conroe; 13) no weapons or drugs shall be carried on the Boat; 14) Only the Lessee and other authorized operators identified in this Agreement are permitted to operate the boat; 15) No pets shall be taken aboard the boat without prior permission from Lessor, additional fees may be applied; 16) Lessee must abide by all state, city, county, and/or all federal boating law; 17) in no circumstance shall Lessee or other authorized operator be permitted to tow a person on any other water device other than water skis or similar devices without prior approval from Lessor; 18) Lessee agrees not to carry more than stated as the maximum number of passenger allowed for the Boat; 19) Lessee acknowledges that the operator of the Boat is responsible for the safety and welfare of all the passengers on the Boat, 20) Lessee agrees that any film or photographs of Lessee and participants, becomes Lessor’s property and may be used for promotional or commercial purposes.
11. REFUND &NO SHOW POLICY: No refunds will be given for Rentals returned early or Rentals returned due to the result of bad weather. Notice of cancellation of any reservation must be received by Lessor at least 72 hours before the Rental Period commences or a “No Show” fee equal to the rental rate will be charged to Lessee’s credit card on file. If Lessee is late for check-in, without notifying Lessor by phone within 1 hour of scheduled rental time, Lessor reserves the right to release the reservation and rent the Boat to other parties.
12. RETURN POLICY & LATE FEE: All Boats must be returned to the rental location(pickup location) by the designated Return Date/Time or be subject to a Late Fee of $75.00 for each half hour the Boat remains unreturned. Further, any Boat not returned to the agreed location will be charged a $50.00 per hour piloting fee plus cost of gas. Lessor is NOT responsible for any personal items lost or left on the Boat.
13. CLEANING FEES: A cleaning fee of $50.00 and up will be charged against Lessee’s Security Deposit, or credit card if Security Deposit is depleted for any rental items returned dirty. This includes mud, liquid and food stains on the decks, panels, and upholstery as well as dirt, food crumbs and other debris/trash. If permanent damage results, Lessee will be charged for new or replacement items. A cleaning fee of $250.00 and up will be charged against Lessee’s Security Deposit or credit card for any cleaning of bodily fluids.
14. FUEL CHARGES: When the Lessee has run the boat out of fuel or abandoned the boat at the rental/ fuel dock without refueling, a refueling charge of $100.00 plus the cost of fuel used during the rental will be charged. Lake Runs & Towing Services shall be charged at a $150.00 per hour minimum/$200.00 per hour after 5:00pm.
15. ASSIGNMENT AND SUBLEASE: Lessee may not assign, sublease, or otherwise transfer any interest under this Agreement without written consent of Lessor. Lessor may assign this Agreement without notice.
16. REMEDIES: Lessor shall have any and all remedies provided in this Agreement, at law, or equity, including but not limited to the right to sue for damages, collection of unpaid rent or other charges, repossession, and consequential damages. All remedies given to Lessor are cumulative and the exercise of any one remedy by Lessor shall not be to the exclusion of any other remedy. The termination of this Agreement for any reason shall not terminate or cancel Lessor’s right to pursue any remedy against Lessee. In the event of any disputes arising out of this Agreement, or Lessee’s and/or Operator’s use and operation of the Boat, including but not limited to damage issues or non-payment issues, Lessee agrees to pay Lessor’s reasonable attorney’s fees and court costs. In addition, Lessee and/or Operator understands and agrees that if the Boat is damaged and rendered unusable, Lessee may be charged for loss-of-use damages, in an amount equal to the full daily rental value of the Boat, for the total number of days the Boat is rendered unusable.
17. BINDING, WAIVER, AND SEVERABILITY: This Agreement, including the Boat check-out/check-in sheets, constitutes the entire agreement between the parties. Lessor’s failure to require performance of any provision shall not constitute a waiver of Lessor’s ability to require performance in the future. If any provision of the Agreement is deemed invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
18. BOATER EDUCATION: Lessee, born on or after September 1, 1993 has successfully completed TPWD-certified boater education course and possesses a valid driver’s license. Please bring your TPWD cert to your rental to verify, this only applies if you were born on or after Sept 1, 1993.
19. DISPUTES: Lessee expressly agrees that the laws of the State of Texas will govern this Agreement. In the event of a dispute, Lessee further agrees that venue shall be in the County of where this Agreement is signed (Montgomery, TX). Lessee further agrees that, in the event of any such legal action arising out of this Agreement, the prevailing party shall be entitled to an award of their attorneys’ fees and costs incurred in bringing such action.
October 2, 2023