BOAT & PWC RENTAL AGREEMENT, OPERATIONS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please Read and be certain you understand the implications of signing.
Express assumption of Risk associated with use of rental of PWC and Related Activities.
For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, Scooters Rental Ozark, LLC (“boat/PWC Owner”) agrees to rent the boat/PWC listed below to Renter (identified above) for the time specified and subject to all terms and conditions set forth below.
The Renter, who has rented the boat/PWC on the date(s) listed below will not hold Scooters Rental Ozark, LLC, or RM Rock, LLC (owner), liable from any injury up to and including loss of limb or life, for themselves, their family, or any guests they bring on board the boat/PWC, the dock, or land connected to dock.
Release and Waiver of Claims. Renter does hereby remise, release, and forever discharge boat/PWC Owner, boat/PWC 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/PWC; or in any way arising out of the rental relationship between Renter and boat/PWC Owner.
The Renter will be legally responsible for all medical bills for anyone injured while utilizing the rental, including loss of limb or life.
Should the Renter encounter mechanical problems there is no refund. Accommodations will be attempted by Scooters Rental to fix any issues and allow reservation on the rental to continue as planned, but we provide no guarantee for this.
The Renter has been explained how to run the boat/PWC, start the boat/PWC, locate and monitor fuel, how to refuel, how to monitor battery, how to park, and how to moore.
The Renter has been shown the emergency devices: fire extinguisher, throw cushions, safety whistle, first aid kit and life vests.
The Renter understands that they are also fully financially responsible if they damage any boat/PWC, watercrafts, docks or other property while utilizing the Rental.
The Renter understands and promises to adhere to state law regarding the use of life jackets. Any person under the age of 13 must always wear a life jacket while on the boat or PWC. All persons must wear a life jacket while on a PWC. All persons must wear life jackets while swimming from the boat/PWC.
The Renter understands that if they break any of the rules outlined in the policies, they will immediately forfeit the remainder of their stay on the boat/PWC and will not receive any refund. There are no refunds for any reason.
The Renter understands that they are responsible for any damage to lake property, businesses, or watercraft that they damage while operating and renting the Scooters boat/PWC. If the boat/PWC is damaged and requires repair, the renter will be responsible for $500 a day until the boat/PWC is returned to the rental fleet for usage and the fees for the repair.
The Renter understands that operation of the boat/PWC is strictly prohibited after consumption and usage of any alcohol or drugs.
If the Renter was born after January 1, 1984, they have been offered by the Scooters Rental to take the Missouri Boating Education at the following website:
Indemnification. Renter hereby expressly agrees to indemnify and hold harmless boat/PWC Owner, boat/PWC 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/PWC.
Governing Law. This Agreement is governed, construed, and administered according to the laws of Missouri, 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 Missouri or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Missouri.
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 and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.
Ready and able?
- Do you understand that you should scan constantly, operate defensively and avoid aggressive maneuvers?
- Do you understand the PWCs and Boats do not have brakes?
- Do you understand that you should not release the throttle when you are trying to steer away from people objects, other boats?
January 28, 2023