This Boat Rental Agreement (“Agreement”) is made as of March 1, 2026, by and between Renter, and Tobesofkee Lakehouse LLC, a Georgia limited liability company, together with Esther Anderson, in her individual capacity (collectively, “Owner”). For purposes of this Agreement, “Owner” shall mean both Tobesofkee Lakehouse LLC and Esther Anderson individually. Renter acknowledges that this Agreement is entered into with both parties and that all obligations owed by Renter are owed to them jointly and severally, and that each shall have full and independent authority to enforce the terms of this Agreement. 1. NO OPERATION OF VESSELPassenger expressly agrees that he or she shall not operate, attempt to operate, steer, navigate, or otherwise control the Boat under any circumstances. Operation of the Boat by any person other than the designated Renter is strictly prohibited. Unauthorized operation may result in immediate termination of the rental, removal from the vessel, forfeiture of deposits, and possible legal consequences. 2. USE RESTRICTIONS AND SAFETY REQUIREMENTS
- Passenger shall comply with all federal, state, and local boating laws and all Owner Rules.
- Passenger shall not consume alcohol or drugs in a manner that impairs judgment or safety.
- The Boat shall not be operated between sunset and sunrise. Passenger acknowledges such operation is illegal and strictly prohibited.
- Passenger shall wear a properly fitted U.S. Coast Guard-approved life jacket when required by law.
- Passenger shall not engage in reckless, unsafe, or unlawful conduct while aboard the Boat.
- Passenger acknowledges Lake Tobesofkee requires a valid boater pass for all passengers over six (6) years of age. Passes may be purchased at designated park locations, with Claystone Park (6600 Moseley Dixon Rd, Macon, GA 31220, US) recommended for convenience on the way to the Marina.
- Passenger acknowledges Lake Tobesofkee maintains a strict no-alcohol and no-glass-container policy to promote the safety and well-being of all visitors. This prohibition applies throughout the entire lake area, including all parks, beaches, marinas, and recreational spaces.
- Passenger acknowledges the boat shall be returned to the Marina in the same condition as received, fully fueled, free of all personal belongings and trash, with all Lakehouse property returned to the Lakehouse, and with the boat properly secured and protective cover properly installed. Failure to comply may result in a $50 convenience fee in addition to actual costs for cleaning or fueling deducted from the security deposit.
- Boat shall be stored securely using protective fenders when not in use.
3. ASSUMPTION OF RISKPassenger acknowledges and understands that boating and swimming are HAZARDOUS ACTIVITIES that involve the risk of serious bodily injury, permanent disability, drowning, or death. Passenger voluntarily and expressly assumes any and all known and unknown risks associated with being aboard or around the Boat, including but not limited to risks arising from water conditions, weather, mechanical failure, shallow areas of Lake Tobesofkee, collisions, slips and falls, and the acts or omissions of the Renter, other passengers, or third parties. 4. RELEASE AND WAIVER OF LIABILITYTo the fullest extent permitted by law, Passenger, on behalf of himself or herself and his or her heirs, personal representatives, and assigns, hereby releases, waives, and discharges Owner and its affiliates, officers, employees, agents, and representatives from any and all claims, demands, actions, causes of action, damages, losses, or liabilities arising out of or related to any injury, property damage, or death sustained while aboard or around the Boat. This release includes claims arising from negligence, mechanical failure, unsafe water conditions, or any other cause, except for willful misconduct or gross negligence by Owner as prohibited by law. 5. INDEMNIFICATIONPassenger agrees to indemnify and hold harmless Owner from any claims, damages, liabilities, costs, or attorney’s fees arising from Passenger’s violation of this Agreement or unsafe conduct. 6. DEFAULT AND REMEDIESViolation of this Agreement or the Marina Rules shall constitute a default and may result in removal from the Boat and termination of the rental. Owner reserves all legal and equitable remedies available under Georgia law. 7. JURISDICTION AND VENUEPassenger consents to the jurisdiction of the Macon-Bibb County, Georgia, for any proceedings arising from or related to this Agreement. Notice and service of process may be made by certified mail to the address provided by Passenger. 8. SURVIVALThis Liability Waiver shall remain in full force and effect throughout the entirety of Renter’s multi-day boat rental period, shall apply to any extensions thereof, and shall survive the conclusion or termination of the rental period. 9. ACKNOWLEDGMENTPassenger acknowledges that he or she has read this Agreement in its entirety, understands its terms, and signs it voluntarily and without coercion. Date: March 1, 2026 |