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BSL Watersports Boat 

Lease Rental Agreement

Safety Checklist:

  1. Always attach engine shut-off lanyard to your wrist or life jacket.
  2. Maintain a safe speed and distance from other boats – stay in the middle of the waterway!
  3. Absolutely no passengers on the bow or stern while operating. No more than 11 allowed on boat.
  4. Navigation – red, right, return – other markers.
  5. Slow to idle for No Wake Zones.
  6. If you run aground – trim engine up and push boat back into deeper water.
  7. Boats may be operated in the Jourdan River and in Bay St. Louis to the Train Bridge.
  8. Always anchor from the bow (front). Clean the anchor before stowing.
  9. Do not enter the water without a life jacket and the engine turned off.
  10. Make sure everyone is on board before restarting the engine after a stop.
  11. Always remain seated when the boat is underway.
  12. Boats don't have brakes – stopping the engine won't stop the boat instantly.
  13. Put Bimini top down in the event of high winds or a storm – you are responsible for damages!
  14. Operation while impaired is strictly prohibited.
  15. In case of emergency, call (228) 202-2278 or 911, or both.

In consideration of the Boat Lease Rental Agreement herein, LESSOR does lease to the undersigned (hereinafter referred to as the LESSEE) the Rental Craft and accessory equipment described herein (Rental Craft). LESSEE agrees that said Rental Craft will not be occupied by more than 11 people total. In the event that the Rental Craft is not returned at the time specified herein, said LESSEE agrees to pay for OVERTIME AT $100 PER HOUR, WHICH THE LESSEE REPRESENTS TO UNDERSTAND.

THE LESSEE CERTIFIES THAT HE/SHE HAS EXAMINED THE RENTAL CRAFT AND ACCESORY EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE RENTAL CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN THE RENTAL CRAFT AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.

LESSEE AGREES TO REPORT ANY ACCIDENT OR MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX BELOW.

This is to certify that I (We), the LESSEE(S) am/are experienced and capable in all aspects of handling and operation of this Rental Craft.

I (WE), the LESSEE(S) further agree (continued from above):

  • The LESSEE acknowledges he/she has carefully examined the Rental 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 Rental Craft and the other accessory condition equipment in a safe, dependable condition while in his/her custody.
  • Any Cash Deposit (as provided in the Charges section on the front of this Boat Rental Lease Agreement) 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 Rental Craft by LEESEE. The forgoing shall not limit LESSOR’S ability to seek further damages at law or equity.

LESSEE agrees not to use, nor permit the use;

  • Of the rental Craft for any unlawful purpose;
  • Of the Rental Craft in a careless or negligent manner;
  • Of the Rental Craft while under the influence of liquor and/or narcotics;
  • Of the Rental Craft by any other person not the signatory of this Boat Rental Lease Agreement, or not equally qualified.
  • LESSEE acknowledges his/her responsibility for the safe and proper operation of the Rental Craft, and for the safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR and PENN ENTERTAINMENT and their subsidiaries and agents shall not be held liable for damages, inconvenience or time loss caused by accident, breakdown or malfunction of the Rental Craft. LEESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR, PENN ENTERTAINMENT and their subsidiaries and agents from, and against any and all claims for loss or damage to property or injury to persons (including death) resulting from the use, operation or possession of said Rental Craft. LESSEE further agrees to hold the LESSOR, Penn Entertainment and their subsidiaries and agents harmless should loss or damage 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 cause whatsoever.
  • LESSEE expressly agrees to indemnify and hold LESSOR, Penn Entertainment and their subsidiaries and agents harmless of, from, and against any and all loss, costs, damages, attorney’s fees and/or liability in connection with the enforcing of this Boat Rental Lease Agreement by LESSOR, including expenses incurred in collection or attempting to collect delinquent rental fees and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in Hancock County in the state of Mississippi.
  • In the event of a 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 the Rental Craft shall be entirely at LESSEE’S risk and thus LESSEE assumes all liabilities for injury and damage to all persons and property that may become involved by its continued use.
  • LESSOR’s ability to provide a Rental Craft, if reserved, is contingent upon and subject to the return of the Rental Craft by the previous lessee, or any other cause beyond LESSOR’s control.
  • LESSOR reserves the right to cancel this Boat Lease Rental Agreement due to inclement weather or impending bad weather. Rental fees will be prorated based on the time used.
  • The rules and regulations contained herein and as posted in the office, on the Rental Craft and/or on 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 guests will obey the rules.
  • Should any term or condition of this Boat Rental Lease Agreement be held void or unenforceable, then that term shall be deemed severed from this Boat Rent Rental Lease Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS OF THIS BOAT RENTAL LEASE 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 BOAT RENTAL LEASE AGREEMENT, EXEPT THAT LESSEE EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION POSTED IN ANY PRINTED AND/OR SIGNED MATERIALS.

WAIVER AND RELEASE OF LIABILITY AGREEMENT

I. DISCLAIMER

This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by BSL WATERSPORTS LLC. (For purposes of this Waiver and Release, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of BSL WATERSPORTS LLC). The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Rental Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence of Rental Company.

 

II. EXPRESS ASSUMPTION OF RISK

The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Rental Company at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of Rental Company. 

 

III. WAIVER/RELEASE OF LIABILITY

By the execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries and/or property loss sustained by the undersigned or any 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 Rental Company, including but not limited to drowning and other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental Company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Rental Company shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Rental Company. 

 

IV. LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company for all personal injuries, property damages, or any other damages to any and all third 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 Rental Company, even if such damages arise out of the negligence of Rental Company. 

 

V. ACKNOWLEDGMENT OF WAIVER AND RELEASE

The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Rental Company for Rental Company’s negligence. 

 

VI. SEVERABILITY

The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect.

 

***READ RELEASE BEFORE SIGNING***

OPERATOR/PASSENGER OPERATOR/PASSENGER OPERATOR/PASSENGERI (WE) HAV E READ ALL OF THIS BOAT LEASE RENTAL AGREEMENT AND FULLY UNDERSTAND ALL THE TERMS AND CONDITIONS SET FORTH, THAT I (WE) ACKNOWLEGDE BEING OFFERED A COPY OF THIS BOAT RENTAL LEASE AGREEMENT.


Today's Date: June 13, 2024

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