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RENTAL OPERATING AND SAFETY AGREEMENT

&

Waiver and Release of Liability



RENTAL OPERATING AND SAFETY AGREEMENT


This Rental Agreement (“Agreement”) is entered into by and between, Shiny Rock Boat and Jet Ski Rentals, LLC("Owner") and Renter.

FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Owner and Renter do hereby covenant, contract, and agree as follows:


1. Rental of Boat or Tube/Lily Pad: Renter does hereby rent from Owner the following described boat and/or jet skis (collectively, the “Boat”):


  • 27 Foot Lowe Model Tritoon Boat
  • 200 Horsepower Mercury Motor
  • Max occupancy 12 People

Or 

  • Lily Pad
  • 3-Person Tube Rental


2. Term: The Term of this Agreement begins in the A.M. on the time you selected with our management and the date you selected for your rental and ends at 6:00 P.M. on the last date of the rental as selected. 


3.Rental Fee and Security Deposit:Renter shall pay as rental, at time of executing this Agreement. (See website for payment options: www.shinyrockboats.com) plus a $350 per Boat refundable Security Deposit, provided the Boat(s) are returned without damage at the end of the Term. Renter shall be refunded any excess payment and shall pay any additional payment due at the expiration of this Agreement. The Security Deposit shall be used to repair any damage to the Boat caused while in Renter’s care, custody, and control. If no damage, the Security Deposit shall be refunded following return to Owner and inspection by Owner. Accepted forms of payment are cash or credit card. An additional 3.5% processing fee shall be added for any credit card payment.      


4.Late Fees: If the Rental(s) is not returned at a predetermined time and place the renter will be charged for an additional days’ worth of rent.


5.Improper Use: Renter agrees (a) that the Boat/Tube/Lily Pad shall not be used to carry passengers or property for hire; (b) that the Boat/Tube/Lily Pad shall not be used to carry passengers or property in excess of the rated capacity of the Boat/Tube/Lily Pad; (c) not to use the Boat to tow or propel any other boat, barge or thing without the owner's written permission; (d) not to use the Boat (or motor) in any race or competition; (e) not to use the Boat (or motor)/Tube/Lily Pad for any illegal purpose; (f) not to operate the Boat (or motor)/Tube/Lily Pad in a negligent matter; (g) not to operate the Boat (or motor)/Tube/Lily Pad outside the area of use designated in this Agreement; (h) not to permit the Boat (or motor)/Tube/Lily Pad to be operated by any other person without written permission of the Owner; (i) not to remove the motor from the Boat for any use whatsoever; (j) the only authorized driver(s) of the Boat/Tube/Lily Pad is/are those person(s) who provide a copy of a valid U.S. driver’s license at the time of renting the Boat/Tube/Lily Pad; and (k) he/she has successfully completed and will comply with the Missouri Boater Safety online course (see available link on Owner website www.shinyrockboats.com) and to fully comply with general boater safety rules. 


6. Lifesaving Equipment: Owner and Renter agree that all required lifesaving and safety equipment are aboard the Boat and in good order and condition at the time of pickup and/or delivery to the Renter. If renting a Lily Pad or Tube, all persons using the Lily Pad or Tube should wear a life jacket at all times while on the Lily Pad or Tube.



7.Damage or Destruction of Boat/Tube/Rental: Renter agrees to pay unto Owner all damages to the Boat/Tube/Lily Pad caused during the Term of this Agreement for any reason. This will be paid by the security deposit. Any damages over the security deposit will be charged to the credit card on file for that booking.


8.Indemnification of Owner: Renter agrees to indemnify, defend and hold harmless Owner and its members, officers and employees for and against any and all third-party claims, losses, damages to property and persons, costs and expenses (including reasonable attorney’s fees) (collectively, “Claims”) arising out of or alleged to have been caused by Renter’s (i) breach of this Agreement or (ii) Renter’s use of the Boat/Tube/Lily Pad.


9.Expiration: Renter agrees to return to Owner the Boat/Tube/Lily Pad and all contents in the same or substantially same condition as when rented at the expiration of this Agreement. For every hour that Renter fails to timely return the Boat/Tube/Lily Pad, Renter agrees to pay a [$100] per hour fee as a late payment charge (if applicable). Renter must return or at time of pick-up leave the Boat with a full tank of fuel or else Renter will be billed and agrees to pay Owner $9.99 per gallon to fill up the tank.


10.Boat Trailer: Renter is not provided a boat trailer in connection with this Agreement. 


11.Governing Law: This Agreement shall be governed by the laws of the State of Missouri, without regard to conflict of law principles.  


12. Attorney’s Fees and Costs: In the event Owner takes legal action to enforce the terms of this Agreement, and Renter is determined to be in violation of this Agreement, Renter agrees to pay the reasonable attorney’s fees and other costs and expenses incurred by Owner.


13. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all negotiations, preliminary agreements and all prior and contemporaneous discussions and understandings of the parties.


14. Cancellation Policy: If Renter cancels a reservation more than 14 calendar days before the Rental Term, Owner will return 100% of Fee and 100% of Security Deposit. If cancellation occurs within 14 calendar days of the Rental Term, Owner will return 50% of Fee and 100% of Security Deposit. If cancellation occurs within 3 calendar days of the Rental Term, Owner will return 0% of Fee and 100% of Security Deposit. 

Extenuating Circumstances:

If a cancellation must be made outside the above time frames, Shiny Rock Boat and Jet Ski rental will consider exceptions provided certain extenuating circumstances are shown.

·      Safety-related cancellations stemming from the event of thunderstorms, heavy rain, or heavy wind within eight (8) hours of the time of the scheduled rental.

·      Death in the family

·      Natural disaster

·      Political Unrest

·      An issue with the Boat that causes your rental to end prematurely that is deemed to be the responsibility of Shiny Rock Boat and Jet Ski Rental. For such occurrences when the vessel is hired for multiple days a cancellation will be processed, for the remainder of the rental if the condition is not fixed within 20% of the total remaining rental time, calculated from the first notice to Shiny Rock regarding the condition, which has made the vessel inoperable.

 


15. No Warranties: Owner shall pass through to the Renter any warranties from the manufacturer of the Boat/Tube/Lily Pad. There are no warranties, express or implied, including, but not limited to, any warranties of merchantability or fitness for particular purpose. Renter leases the Boat/Tube/Lily Pad “as is.” Owner shall not be liable in any event to Renter for any loss, delay or damage of any kind resulting from defects in, or inefficiency of, the Boat/Tube/Lily Pad or accidental breakage of such Boat/Tube/Lily Pad.   


16. Assumption of Risk: Renter assumes all risk of loss, damage and liability associated with operation of the Boat/Tube/Lily Pad while in the Renter’s care, custody, and control.


17. Limitation of Liability: In no event shall Owner be liable to Renter for any indirect, special, incidental, punitive or consequential damages for any reason whatsoever related to the Boat/Tube/Lily Pad. In all circumstances, the maximum liability of the Owner and Renter’s sole and exclusive remedy for any claim for damages whatsoever that arises out of or in connection with this Agreement shall be limited to proven direct damages caused by the sole negligence of Owner in an amount not to exceed the Fee amount paid to the Owner by the Renter.  

18. Title: Title to Boat/Tube/Lily Pad shall remain solely with the Owner.  


Operating & Safety Agreement 


Renter does hereby rent from Owner the following described boat and/or Tube/Lily Pad (collectively, the “Boat”)


If Renter experiences problems while operating the Boat, contact (573) 530-6255 immediately. Depending on your location on the lake, you may expect long response times and possible service call fees if the problem occurred from operator error/neglect.


Service calls rate: $100.00 per man hour plus fuel.


Renter is responsible for any damage while the Boat is in your possession, including without limitation:

  • Report all alarms/problems immediately.  
  • Failure to do so may result in damage to the Boat and/or serious personal injury to operator and/or passengers.
  • Damage due to continued use will be at Renter’s sole expense. You agree to anchor offshore or tie up to a dock safely if you have problems until help arrives.
  • Rope or fishing line in prop
  • Running the motor trimmed up out of water
  • Motor must not be started or ran when trimmed up out of water
  • Prop hub or lower unit damage from impact
  • Watch for and avoid floating or submerged debris
  • Running out of fuel or oil.
  • Dead battery leaving accessories (radio/lights) on too long
  • Damaged starter from improper starting procedure
  • Other items not mentioned 


Boat Safety Course is required for persons born after January 1, 1984. If you elect to rent and do not have proof of completion of this course, you may receive a ticket from water patrol and be ordered to return to the dock immediately.


  • Stay 100 Feet or more from other Boats/vessels
  • Stay 100 Feet or more from shore.
  • Do not beach Boat.
  • Operator must always wear kill switch Lanyard.
  • Stay at idle speed within 100 Feet of a dock or anchored Boat/watercraft.
  • Keep away from the propeller.
  • Shut Engine off when using the ladder or have swimmers in the water.
  • Do not sit on seat backs, railings or sun pad and stay seated when Boat is underway and/or docking.
  • Do not jump off or stand on seats, seat backs, railings, or sun pad.
  • Do not swim under Boat.
  • Do not shift gearshift with motor off. Be sure gear shift is in neutral when starting the boat. 
  • Boat will not start in gear.
  • Do not exceed the capacity of the Boat.


Damage at Foreign Docks. You are advised to stay away from foreign docks, and if you choose to dock, use of the bumpers and a good 4-way tie to minimize risk of damage. You will be charged for all damage to the watercraft so use extreme caution and take your time when docking. 


No Nighttime operation allowed. Renter is strictly prohibited from operating at nighttime.  

Rule: no sun - no driving boat.

Damage charge $100/man hour plus materials and lost rent revenue.


Fueling: Use only 87 octane marine-grade gas. Do not use Ethanol. Do not mix oil with gas.

The gas tank must be refilled by time of pickup/drop off depending on your Boat rental situation.

If the gas tank is not full upon pick-up, the cost of gas will be deducted from your deposit. Renter will be billed to the card on file and agrees to pay the Owner of the boat/jet-ski $9.99 per gallon to fill up the tank as it was left.


Rough Water warning: Large waves may cause extensive damage to your Boat and injury to your passengers. Use extreme caution when approaching large waves. Load weight to the rear of the watercraft and keep the front of Boat (bow) riding high. Arrange the passengers on the left and right sides of the Boat for an even and level balance. Reduce speed and approach the wave at a 45-degree angle.

 

I have read and fully understand and agree to these terms and conditions. Violation of this policy will result in forfeiture of $350 damage deposit plus any additional charges.

I Agree

Waiver and Release of Liability


Renter does hereby rent from Owner the following described boat and/or jet skis (collectively, the “Boat”)

  • 27 Foot Lowe Model Tritoon Boat
  • 200 Horsepower Mercury Motor
  • Max occupancy 12 People

Or 

  • 3-Person Tube
  • Lily Pad


I understand that there are inherent risks with boating, including but not limited to equipment failures, perils of the water, acts of other participants, and adverse lake and weather conditions, and I hereby assume such risks.


I understand that I have a duty to exercise reasonable care for my own safety and agree to do so.


I assert that I and/or my minor children are physically fit to ride on a Boat/Tube/Lily Pad and I will not hold Boat and/or Tube/Lily Pad's owner, Shiny Rock Boat and Jet Ski Rentals, LLC, and their employees, owners, agents, Boat driver, or other associated personnel responsible if I am injured as a result of any problems (medical, accidental or otherwise) which occur while onboard the Boat/Tube/Lily Pad or otherwise participating in the trip.


I fully understand that the Boat has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by phone or radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.


No one has made representations to me, implied or otherwise, that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and with not hold Boat’s owner, Shiny Rock Boat and Jet Ski Rentals, LLC, and their employees, owners, agents, boat driver, or other associated personnel responsible for their actions in attempting to perform rescue or first aid.


I agree to forever discharge and release Boat’s owner, Shiny Rock Boat and Jet Ski Rentals, LLC, and their employees, owners, agents, Boat driver, or other associated personnel from all responsibility or liability for all injuries or damages. I agree not to make a claim against or sue any of the above parties for injuries or damages whether they arise as a result of negligence or other liability, even in case of gross negligence. I further specifically agree on behalf of myself, my heirs, and assigns, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents that might occur as a consequence of participation in any activities with or involving the release parties.


Please list name of all occupants on boat/tube/lily pad during rental:







Please List Name of ALL occupants on Boat/Tube/Lily Pad during term of rental:

Name Of Occupants *
Please Select Which Products You Have Rented:
Products Renter has rented: *
Boat
Tube
Lily Pad
First Renter's Name

First Name*

Last Name*
First Renter's Date of Birth*
First Renter's Signature*
Second Renter's Name

First Name*

Last Name*
Second Renter's Date of Birth*
Third Renter's Name

First Name*

Last Name*
Third Renter's Date of Birth*
Fourth Renter's Name

First Name*

Last Name*
Fourth Renter's Date of Birth*
Fifth Renter's Name

First Name*

Last Name*
Fifth Renter's Date of Birth*
Sixth Renter's Name

First Name*

Last Name*
Sixth Renter's Date of Birth*
Seventh Renter's Name

First Name*

Last Name*
Seventh Renter's Date of Birth*
Eighth Renter's Name

First Name*

Last Name*
Eighth Renter's Date of Birth*
Ninth Renter's Name

First Name*

Last Name*
Ninth Renter's Date of Birth*
Tenth Renter's Name

First Name*

Last Name*
Tenth Renter's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Date Of Rental

Start Date Of Rental *

End Date Of Rental *
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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