The Marina at Bear Lake Reserve Terms and Conditions Boater Safety Agreement By checking this box, I certify that I meet one of the three criteria below required to rent a boat from The Marina at Bear Lake Reserve: a) I am 36 years of age or older, or b) I have completed a North Carolina (or equivalent out of state) or NASBLA approved Boating Safety Course. I understand that if asked, I must present proof of certification. A free online course can be found at https://www.boatus.org/northcarolina. Or, c) I have selected to have a Bear Lake Reserve Staff captain drive the boat for our reservation I Agree Damage Agreement I understand that any damage to the rented vehicle will be assessed by a mechanic and charged according to the parts and labor required to fix the damage. This fee can be waived in part or whole by accepting the insurance provided by the rental company, as outlined in the Terms and Conditions section. I understand that I have access to the Marina's Damage Fee Schedule upon request, and can review estimated damage costs. I understand that these costs are estimated and can change after inspection by a mechanic. I Agree Property Verification By checking this box, I acknowledge that I am either a homeowner living on property at Bear Lake Reserve or am renting a home from Bear Lake Reserve. The Marina at Bear Lake Reserve is not open to the public, and we reserve the right to cancel reservations made by those not staying on property. I Agree Further Terms and Conditions - **Grace Period and Late Fees:** Reservations are available for the time intervals indicated. Extensions are subject to availability during high demand periods. Out of respect for fellow users, a 5-minute grace period is provided at the end of rental reservations; if equipment is returned after the grace period ends, a penalty of $20 for every 5 minutes late returning to the dock will apply.
- **Holiday Rate Schedule:** Peak Seasonal Rate increases of 15% apply during the following holidays: **Memorial Day Weekend, Independence Day Week, Labor Day Weekend.**
- **Deposits and Cancellations:** A 50% deposit is required at the time of booking. Please cancel at least 4 days in advance. Cancelling 3 or fewer days in advance may require forfeiture of deposit. Cancellations due to weather will qualify for a full refund of all deposits IF a reschedule time is not available. No-shows will result in a 100% charge for the reservation.
- **Rental Terms for Owners:** Owners may reserve a boat by calling the Marina and are exempt from the 50% deposit requirement. To cancel, call within 48 hours of reservation time. No-shows will result in a 100% charge for the reservation.
- **All Rental Returns:** Reservations are available in the time increments shown, subject to adjustments where indicated. Extensions are subject to availability during high demand periods. Please plan to arrive at the Marina by the end of your reservation period. Out of respect for fellow users, a 5-minute grace period is provided after the end of each rental reservation; if equipment is returned after the grace period ends, a penalty of $20 for every 5 minutes late returning to the dock will apply.
-**Damage Agreement:** You, the renter, are responsible for any physical damage, theft, or loss that occurs to the unit and/or equipment specified on the rental agreement, while the equipment is in your care, custody, and control. In addition to physical damages, as outlined above, you are responsible for the loss of rental income that The Marina at Bear Lake Reserve incurs. You can insure the unit and/or equipment by accepting the Loss Damage Waiver (Damage Insurance) offered to you by The Marina at Bear Lake Reserve. If you accept the Loss Damage Waiver you are still responsible for a $1500 deduction per rental unit. If you decline the Loss Damage Waiver you are agreeing to be totally responsible for any loss or damage to the rented property during the period of the rental. By checking this box, I agree to the above terms and conditions as outlined. I Agree Watersport Liability Waiver Rental Agreement: The rules and regulations contained herein and as posted in the office, on the craft and /or the grounds by the CLUB are for the safety and welfare of all who use the facilities. The USER certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility that his/her family and or guest(s) will obey the rules. The USER agrees to abide by the terms and conditions herein regardless of whether he/she will be renting equipment from the CLUB or using equipment provided by the USER. Should any term or condition of this Agreement be held void or unenforceable, then that term or unenforceable portion thereof shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect. The terms and conditions on both sides of this contract contains the entire understanding between the USER and CLUB regarding the use of the craft and equipment referenced in this contract and no other representation or inducement, oral or written, has been made which is not included in this rental agreement. I (we) have read all pages of the agreement and fully understand the term and conditions as set forth on both sides; that I (we) acknowledge receipt of a copy of this agreement. The rules and regulations contained herein and as posted in the office, on the craft and /or the grounds by the CLUB are for the safety and welfare of all who use the facilities. The USER certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility that his/her family and or guest(s) will obey the rules. The USER agrees to abide by the terms and conditions herein regardless of whether he/she will be renting equipment from the CLUB or using equipment provided by the USER. Should any term or condition of this Agreement be held void or unenforceable, then that term or unenforceable portion thereof shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect. The terms and conditions on both sides of this contract contains the entire understanding between the USER and CLUB regarding the use of the craft and equipment referenced in this contract and no other representation or inducement, oral or written, has been made which is not included in this rental agreement. I (we) have read all pages of the agreement and fully understand the term and conditions as set forth on both sides; that I (we) acknowledge receipt of a copy of this agreement. I have read the terms, agree, understand, and accept them. May 8, 2024 Binding Arbitration Form Please complete and submit the form below before participating in events and activities. Questions? Contact Director of Watersports, Jeremy Sasser at 828-293-7414 ext. 104. RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION & BINDING ARBITRATION AGREEMENT- Notice: By signing this document you may be waiving certain legal rights, including the right to sue.
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement- In consideration of being allowed to use the facilities, vessels, and participate in operating personal watercraft and other activities (collectively the "Activities") provided by Bear Lake Club, LLC, Bear Essentials Club Management, LLC and Boto NC Properties LLC (the "Host"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
- 1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant's participation in the Activities or the use of any equipment provided by the Host ("Equipment"), including while receiving instruction and/or training. As used herein, the term "Equipment" shall include, but not be limited to, personal watercraft;
- 2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
- 3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that may or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, to the fullest extent permitted by law. However, nothing in this agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional misconduct, and;
- 4) TO INDEMNIFY the Host, its owners. affiliates, operators, employees, agents, officers, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Photography/Video Release- Participant hereby grants to the Host, its representatives, and employees the right totake photographs/Videos of Participant in connection with Participant's participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
Personal Responsibility- The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
- The Participant and his/her parent(s) or legal guardian(s) understand that Participant's participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host's Equipment, facilities, and vessels before any participation.
- The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
- If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
Binding Arbitration- The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively the ''Panel"), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.
- To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
- I AGREE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
May 8, 2024
Boat rental check-out and training General boating safety 1. Maintaining safe speed/monitor surroundings/drive defensively/no aggressive maneuvers
2. Maintaining a safe distance from other boats, objects and people
3. Do not enter the water without a lifejacket on, engine turned off and key removed
4. Conduct a head count before starting the engine
5. Always remain seated while the boat is in motion
6. Absolutely no sitting on the bow, sides or stern
7. Importance of attaching the engine shut-off cord/lanyard
8. Engine start and shut-off procedures
9. Dangers of CO2
10. Refueling procedures and engine blower use (if applicable)
11. Sound five blasts of the horn or whistle to signal danger or need for assistance
12. Boats do not have brakes – stopping the engine will not stop the boat
13. Proper boat anchoring procedures (if applicable)
14. Navigation rules – local laws, regulations, hazards and navigational markers
15. Towing sports safety, if allowed (i.e. water skiing, wake boarding, tubing) 16. Review the company and manufacturer safety stickers and content Personal watercraft (PWC) 1. Dangers of water being forced into body cavities from the jet thrust nozzle – wetsuit or wetsuit bottoms recommended
2. Never apply throttle if any participants are in the water near the PWC
3. Dangers of loose items (i.e. clothing, hair, stones, etc.) being sucked into the jet drive intake
4. A life jacket must always be worn with kill switch lanyard attached
5. Horseplay is never allowed – no spraying or splashing others; no wake or wave jumping
6. Stopping the engine will not stop forward motion
7. Steering control is lost when the throttle is released, or when the engine is shut off
8. How to respond to a capsized PWC Houseboat and pontoon boat 1. Keep fingers free from gates and hinges when exiting the boat
2. Proper use of navigation and anchor lights (houseboats only)
3. Keep gates closed and participants seated inside the gated area at all times when engine is running
4. Towing other boats is not permitted
As the owner/operator/manager of the rental company above, I acknowledge that our check-out and training process for all participants will include, but is not limited to the following items: General boating safety 1. The vessel must be operated at speeds that are safe for the location and conditions. No weaving through vessels that are underway, stopped, moored, or at anchor and avoid swimming areas. Scan the area constantly, operate defensively, and avoid aggressive maneuvers.
2. To keep a safe distance away from people, objects, and other vessels. As speed increases, greater distance is needed.
3. Individuals are never to enter the water unless the vessel motor is turned off, the keys are removed, the propeller has stopped spinning, and a lifejacket is worn.
4. Before starting the motor, always do a headcount to make sure all passengers are onboard and visually inspect the area.
5. While the vessel is in motion, passengers must remain seated and away from the front (bow), sides (gunwales), rear (stern/transom), and swim platform.
6. The engine shut off cord (lanyard) must be attached to the operator’s wrist or PFD at all times.
7. Proper procedures to start and stop the engine.
8. Inform passengers of carbon monoxide (CO2), which is a colorless and odorless gas created by the vessel’s motor and generator, and educate on CO2 awareness zone extending 30 feet around the vessel.
9. If refueling is allowed, instruct on proper refueling procedures.
10. If vessel is inboard or inboard/outboard, provide instruction on using engine compartment blower.
11. To signal danger or need for assistance, sound five short blasts of the horn or whistle.
12. Most vessels do not have brakes; stopping the engine will not stop the vessel. Stopping quickly will likely be difficult (or impossible) if the vessel is traveling too fast.
13. If anchoring the vessel, do so in a location where others may easily see the vessel. Anchoring should always be done from the bow (front).
14. Navigation rules: - When crossing the path of another vessel, always yield to the vessel on your right (starboard).
- It is the responsibility of the participant/operator to slow down, steer away, or stop to avoid any and all possible collisions.
- If meeting another vessel head on, operator should steer to the right.
- When overtaking another vessel, it should be done to the left (port side).
- If renting a powerboat, they must give way/yield to all sailboats. 15. If tubing, skiing, wakeboarding, or knee boarding are allowed, all participants will be instructed of the following rules: - People being towed should be kept a safe distance from the vessel.
- A spotter must be used while towing people behind the vessel.
- Tow lines should be outside the vessel and clear of the prop so that when towing begins, the tow line cannot catch any participant in the vessel. When tow activities have ceased, tow lines are to be properly stowed aboard the vessel before starting the engine. Personal watercraft (PWC) safety 1. It is highly recommended that a wetsuit or wetsuit bottom be worn while operating or riding on a PWC for protection, and always turn off the engine if anyone is near the rear of the PWC. There is a serious risk of water being forced into lower body openings of both males and females as a result of falling into the water, or being near the PWC jet thrust nozzle. The throttle should never be applied when anyone is in the water near the rear of the PWC. Normal swimwear does not protect against this forceful water entry.
2. The jet drive intake has tremendous suction and will pull loose items (i.e. long hair, sand, stones, fishing line, loose clothing, or life jacket straps) through the jet drive. Participants must keep these objects away from the intake grate.
3. A life jacket with a kill switch lanyard attached must be worn at all times.
4. Horseplay is not allowed. In addition to the safety aspects in the General Boating Safety Section, no spraying or splashing others or wake/wave jumping is allowed.
5. Stopping the engine will not stop the forward motion of the PWC, and steering control is lost when the throttle is released or when the engine is turned off.
6. Correct procedure to upright a capsized PWC – Make all participants aware that the PWC may have a decal at the bottom or rear of the vessel that indicates the direction to roll the PWC to return it to an upright position.
Houseboat and pontoon safety 1. Keep all hands and fingers free from gates and hinges when exiting the vessel.
2. Proper use of navigation and anchor lights is required.
3. While underway, all gates must be closed and all participants must be seated inside the gated area.
4. Towing of other vessels is not permitted.
5. If equipped with an upper deck: - No one is allowed on the upper deck while the vessel is underway. Jumping is not permitted from the upper deck.
- A spotter must be present if the vessel has an upper deck or slide.
Operation procedures The rental facility will: 1. require the renter and all participants to sign all rental forms, including: rental agreement, rental release, and participant check out form. There are to be no additional participants, passengers, or riders on the vessel after check-out.
2. not rent or allow operation of the vessel by anyone who is under the influence of drugs or alcohol.
3. not allow vessel operation from dusk to dawn.
4. provide participants with information regarding local waters, navigational markers, and warnings about any areas that should be avoided or could be hazardous.
5. provide contact information for on-the-water assistance. I agree and understand 1. I have received sufficient instruction and training, including, but not limited to, the pertinent areas listed above. I am prepared to safely operate the rented boat 2. All participants must complete and sign all rental forms; there are to be no additional participants after the checkout procedure is completed 3. Operation of the boat is not allowed by anyone that is under the influence of any legal or illegal drugs or alcohol 4. No boat operation from dusk to dawn 5. In addition to the terms noted above, I have been given an opportunity to ask any additional questions regarding the operation of the rented boat. 6. I have been provided emergency contact information. May 8, 2024 BEAR LAKE RESERVE BEAR LAKE CLUB, LLC, BEAR LAKE INVESTMENTS I, LLC AND TEMBO HOSPITALITY GROUP, LLC KEEP YOUR BOATING EXPERIENCE FUN AND SAFE A CHECKLIST FROM THE U.S. COAST GUARD AND THIS COMPANY I will make sure my passengers and I each have a properly fitted and properly adjusted U.S. Coast Guard-approved life jacket and know how to put it on. I understand that my passengers and I should wear a U.S. Coast Guard-approved life jacket at all times when boating. 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 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 understand there is the threat of a collision and it is my responsibility to slow down, steer away and/or stop. 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 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 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 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 confirm that rental company staff have informed me about local hazards such as shallow water, submerged objects, currents, and weather conditions. A list is attached. 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 five short blasts of a horn or whistle signal danger or need for assistance. 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. May 8, 2024
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