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Lake Hickory Scuba Center, Inc.

420 Taylorsville Beach Ct

Taylorsville, NC 28681

Phone: 828-632-7649

Email: info@lakehickoryscuba.com

Boat Rental Contract/Agreement

WAIVER AND RELEASE OF LIABILITY AGREEMENT

YOU MUST BE 26 YEARS OLD TO RENT A BOAT.

I.                        DISCLAIMER - This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Lake Hickory Scuba Center, Inc. *(For purposes of this Waiver and Release, the term “Rental Company” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Lake Hickory Scuba Center, Inc). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release. 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 or fault of Rental Company.


II.                      ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms,; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration. Further, the undersigned understands that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

III.                   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, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk of injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Rental Company.

 

IV.                  WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Rental Company from any and all liability of any nature for any and all injury or damage arising from personal injuries 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 regardless of the cause. 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 such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT 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.


V.                    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 or fault of Rental Company..


VI.                  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 warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Rental Company with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further 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.


RULES AND CONDITIONS

Please initial where it says I AGREE

In consideration of being permitted to lease a watercraft and/or equipment (any equipment) from Lessor, Lessee or signer further agree(s). Violation of the rules and conditions can result in the loss of your deposit.

(a)   To the 48hr cancellation policy, and, that there will be no refunds for leased watercraft and/or equipment returned early, and, that all leased watercraft and/or equipment is due in at Lake Hickory Scuba Center, Inc. no later than 6:00 pm EST. Lessee(s) further agree that no refunds or discounts, will be given due to weather.

(b)   To keep said watercraft and/or equipment in a safe place and not to leave leased watercraft and/or equipment unattended.

(c)   Not allow the operation of watercraft and/or equipment in a negligent, careless, or needlessly rough manner or in violation of any laws, ordinances, or regulations; Lessee(s) further agree and understand It is SOLELY the responsibility of lessee(s) and/or all operators and/or boat drivers to know and obey all North Carolina Boating Laws & Regulations. Lessee(s) further agree it is the responsibility of the Pilot and/or Operator and/or Boat Driver to understand operation of leased watercraft and/or equipment and not the responsibility of Lake Hickory Scuba Center, Inc or it’s staff.

(d)   To pay for all damages to and losses of watercraft and/or equipment during the term of this lease agreement.

(e)   To return to Lake Hickory Scuba Center, Inc Fuel Dock for any & all leased watercraft fuel needs

(f)     To pay the Lessor replacement cost of any and all rented and/or leased equipment including watercraft, towables, trailers, motors, ladders, propellers, railing, bimini sun tops, anchors, and any and all parts, assemblies, and pieces of equipment or items rented or leased by lessee from Lake Hickory Scuba Center, Inc upon demand by Lake Hickory Scuba Center, Inc if rented items are damaged or excessively worn in any way.

(g)    To pay any and all attorneys fees and court cost associated with collection repair and/or replacement cost of said leased watercraft and/or equipment.

(h)   Lessee(s) further agree to operate watercraft and/or equipment at a safe distance from watercraft or obstacle, and to maintain a minimum of 200 foot safe operation distance from any skiing, swimming, or other activity.

(i)      Lessee(s) further agree that they understand that the rental boundary to the West is Copper Penny Grill and to the East is Oxford Wildlife Boat Launch Access.

(j)      Lessee(s) further agree and understand that only minimal watercraft operation instructions will be provided by Lake Hickory Scuba Center, Inc and its staff.

(k)    Lessee(s) futher agree that it is the responsibility of the Lessee(s) to acquire or collect and make available during their voyage all the necessary informatiove instruction, laws, regulations, and guidelines to persons on board the watercraft.

I Agree to A thru K 


Please read the Captains PEARLS of Wisdom

1.      All operators are responsible for maintaining compliance with North Carolina Boating Laws, Regulations.

2.      Life Jackets Required: One Life vest (PFD) per person (minimum) & one throwable PFD MUST BE ON BOARD. These are provided at no additional cost. North Carolina Law requires all children under the age of 13 must always wear a PFD. Its your responsibility to have the equipment on board before you begin your voyage.

3.      DO NOT ALLOW PASSENGERS TO RIDE FORWARD OF THE FRONT RAIL GATE or on the bow (front of boat). There is no escaping death by propeller if on falls of the front of a pontoon boat. Keep all gates closed when motor is running.

4.      DO NOT ALLOW PEOPLE TO SWIM NEAR REAR OF BOAT. DO NOT SWIM AROUND MOTOR. The propeller will KILL.

5.      Watch in all directions for other boats, boaters, swimmers, and obstacles. Ask passengers to help keep watch also. Always give others the right of way.

6.      Familiarize yourself with your chart. Have chart on board with you and reference it. Kown where you are at all times. Know departure/return location.

7.      OFF Limits Areas: Do not go near the Public Beach areas for any reason (State Law). No BEACHING OF THE WATERCRAFT.

8.      Operator MUST OBSERVE BOAT HEIGHT & CLEARANCE before going under bridges. Proceed slowly with caution.

9.      SPEED LIMIT AREAS: Keep it slow when coming and going to and from dock areas. There are other speed limit zones. Watch for NO WAKE ZONES and DANGER BUOYS.

10. No grilling or cooking on board. No fires on board boat.

11. When in Shallow Water raise motor. Keep propeller and anti-cavitation plate under water.

12. Rais & Retract Ladder before starting motor and when in shallow water. Ladders bend or break easily.

13. Know how to start your motor. Be sure motor is tilted down so propeller and anti-cavitation plate are submerged.

14. Check your fuel gauge. Return to Lake Hickory Scuba Center, Inc. fuel dock (your starting point) for refuel. If you purchase fuel from another location, you are responsible for any contamination in the fuel system and are liable for any repairs.

15. Know your return time before leaving. Lake Hickory Scuba Center, Inc operates on the Eastern Daylight Savings time. Your return time is recorded on your Pre-Trip Checklist.

16. NO SMOKING while on the Boat.

17. Dogs are permitted but you are responsible for any damage or excessive cleanup.


I AGREE TO THE RULES



Damages:

Following your return, a staff member of Lake Hickory Scuba will inspect the vessel for any damage that was not present when you rented the vessel. Your card that you used to rent the vessel will be held and any and all repair to damages will be charged to your credit card. Furthermore, the Lessee understand and agrees that he/she who is known to Lake Hickory Scuba Center, Inc as the operator, is the only person allowed to use the watercraft for the entire rental period. The operator also understands that he/she is responsible for the retrieval and/or replacement of the watercraft, life jackets or any safety items, if these items are in any way lost, stolen or misplaced during the rental period. Should any damages need repairs the Lessee is also responsible for the time the watercraft is out of rental for repairs, and reasonable attorneys fees must be paid in full upon Users presentation of the bill.


I AGREE 



Condition of Boat Upon Return:

The Lessee shall return the boat to Lake Hickory Scuba Center, Inc on or before the termination date and at the specific location clean and free of garbage and debris, in the same condition in which the boat was rented, including all parts, accessories, rigging, and condition of fiberglass, with ordinary wear and tear being acceptable.


I AGREE



INSURANCE STATEMENT:


I understand that I have not purchased a vessel rental insurance policy. I understand that I may not have other insurance to cover any damage or injuries caused directly on indirectly by my operation of the vessel, and that I may be personal liable for any such damage and/or injuries during the rental period.


I AGREE



LATE RETURN/CLEANING FEE


If the boat is returned after the agreed returned time, a Fee of $25 for every 15 minutes will apply, unless other arrangements are made. If the boat is returned excessively Dirty or Muddy there will be a $150.00 cleaning fee.


The Lessee and Operator are at least 26 years old


Lessee has read and understands all of the Terms, Conditions, and Rules set forth above, and agrees to all terms without reservation. The information supplied on this agreement by Lessee(s) is true and correct.


I AGREE 



First Participant's Name
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Middle Name
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Phone*
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First Participant's Date of Birth*
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Second Participant's Name
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Third Participant's Name
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Fourth Participant's Name
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Fifth Participant's Name
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Sixth Participant's Name
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Seventh Participant's Name
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Eighth Participant's Name
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Ninth Participant's Name
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Tenth Participant's Name
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Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Credit Card to be charge in the lieu of Damages
Credit Card Number
Credit Card Expiration Date
3 Digit Code
Name on Credit Card
Credit Card Billing Zip Code
Rental Start and Return Date
Rental Start Date
Rental Return Date
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.
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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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