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Rental Agreement

Rental Times:

 

Big Worm's Rides rents boats from 10am - 6pm

 

I Agree

Gas:

 

Gasoline for our boats must be purchased at The Resort at Egyptian Hills. We use maritime fuel which is less damaging to the motor than is regular gas. Price of gas will vary.

 

I Agree

Late Fees:

 

There will be a charge of $50 per hour for the late return of the boat. 5 minutes - 60 minutes late will be charged $50, 61 minutes - 120 minutes late will be charged $100, and so on. Late fees must be paid in full before the renter leaves the premises.

 

I Agree

Contents of Pontoon:

 

Up to 12 regular adult and or child sized life jackets (all standard), fire extinguisher, throw cushion, paddle, whistle, anchor, ladder and map and rules of the Lake of Egypt will be included with your rental. You are responsible for the loss or damage of these items, regardless of the reason that occurs during the rental period.

 

Replacement Prices:

 

Renter agrees to pay the following prices for lost or damaged items.

 

Life Jacket $30.00 each

 

Throw Cushion $15.00

 

Anchor $50

 

Paddle $20

 

Prop Damage Minimum $75

 

Prop Replacement $275

 

Whistle $5.00

 

Fire Extinguisher $30


I Agree

Alcohol or Drugs:

 

The operator of the pontoon boat can not be under the influence of alcohol or drugs.


I Agree

Towables:

 

Towables are not allowed behind our boats. That means no tubing, waterskiing, wakeboarding, or any other activity that includes towing behind the boat.

 

I Agree

Operator:

 

Only the registered renter should operate the boat.

 

I Agree

Basic Rules

 

The pontoon boat will not be moved or trailered from the Lake of Egypt

 

The renter has familiarized himself/herself with the Lake of Egypt and will not go into waters that are described and marked on the map provided.

 

No more than 8 to 12 passengers are allowed on the boat (depending on the boat that is rented)

 

The pontoon is to be operated only during daylight hours.

 

The pontoon is not to be involved in any race contest.

 

No other motor is to be mounted or attached to the pontoon boat.

 

The pontoon boat will be properly moored when not in motion.

 

The Renter will ensure that all underage passengers will have properly fitted life jackets on when on and using the pontoon boat.

 

The Renter has no mental or physical impairment that will interfere with the safe operation of the pontoon boat.

 

The Renter is responsible for all damage to the pontoon boat or to the property of others whether she/he is negligent or the cause of the damage.

 

Renter agrees that no grills of any kind are allowed on the pontoon boat. gas, charcoal etc.

 

The Renter is responsible for any and all injuries that occur to himself, herself, passengers or third parties during the rental period whether renter was the cause of the injury.

 

Renter agrees to ensure that all passengers under the age of 13 will wear their lifejacket at all times that they are on the boat.

 

The Renter agrees to hold harmless owner from any claim by a passenger or third party for any damage that arises from the use of pontoon during rental period including reasonable attorney fees.

 

That if the Renter experiences any trouble he/she will call the owners at 618-889-1573 or 618-996-3737. For informational purposes, lake patrol phone number is 618-527-2006.

 

That Renter has read and understood the terms of the agreement and acknowledges that he/she has been instructed by the owner as to the operation of the pontoon. And further, Renter acknowledges that owner is renting upon renter answering the above in a truthful manner, and that the pontoon will be returned in the condition that it was prior to renting.

 

I Agree

 


 

WAIVER AND RELEASE OF LIABILITY AGREEMENT

 


 

PLEASE READ THIS FORM CAREFULLY, AS IT IS AN IMPORTANT LEGAL DOCUMENT, AND MAY HAVE A SUBSTANTIAL IMPACT ON YOUR LEGAL RIGHTS. IF YOU SIGN THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO MAKE CLAIMS AGAINST BIG WORM'S RIDES, BIG WORM'S MARINE REHAB, EGYPTIAN HILLS MANAGEMENT, LLC, THEIR EMPLOYEES, AGENTS, INSURERS OR SUBSIDIARIES, FOR CERTAIN DAMAGES RESULTING FROM YOUR USE OF THE RENTAL CRAFT AND EQUIPMENT.

 


 


 

I. DISCLAIMER:

 

This Waiver and Release is applicable to all renters, operators, passengers, and users of this equipment provided by Big Worm's Rides (For purposes of this Waiver and Release, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Big Worm's Rides, Big Worm's Marine Rehab, and Egyptian Hills Management, LLC). 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 of Rental Company.

 

DISCLAIMER

 

II. EXPRESS ASSUMPTION OF RISK:

 

   Your use of the rental craft and related equipment may subject you to substantial and inherent risks of serious injury or death. Injury or death may be caused by a malfunction of the craft, its motor, or any related equipment; by sudden or unexpected change in direction, deceleration, acceleration, overturning of the craft; by a collision with other craft, objects (such as rocks or tree limbs), the water itself, or persons in the water; by drowning, hypothermia, or other similar injury related to exposure to or submersion in the water; and other related or similar instances. The undersigned, on behalf of himself or herself, or is signing in capacity as parent or guardian of a minor child as indicated below, on behalf of the minor child, hereby acknowledges the forgoing and other inherent risks associated with being a user of or passenger on the rental craft. 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, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of Rental Company

 

EXPRESS ASSUMPTION OF RISK

 


 

III. WAIVER AND RELEASE OF LIABILITY:

 

By the execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries and/or property loss sustained by the result of any and all activities related to the rental, operation, or use of equipment provided by Rental Company, including but not limited to drowning and all other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental Company shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY whether such negligence is present at the signing of this Release or takes place in the future. For the avoidance of doubt, this Waiver and Release does not apply to reckless or intentional conduct by Rental Company. In addition, the undersigned agrees Rental Company shall not be liable for any loss or theft of personal property. By the Execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries and/or property loss 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, including but not limited to drowning and other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental Company shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY whether such negligence is present at the signing of this Release or takes place in the future. For the avoidance of doubt, this Waiver and Release does not apply to reckless or intentional conduct by Rental Company. In addition, the undersigned agrees Rental Company shall not be liable for any loss or theft of personal property.

 

WAIVER AND RELEASE OF LIABILITY

 


 

IV. 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 or other watercraft and minor children under the undersigns 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 of Rental Company.

 


 

V. ACKNOWLEDGEMENT 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 Waiver and Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, understands its contents, and has signed this Release as his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms, including paying an increased rental rate to use the rental craft and equipment without signing a waiver, and voluntarily waives his/her right to do so. By executing this document, the undersigned 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.

 

ACKNOWLEDGEMENT OF WAIVER AND RELEASE

 


 

VI. CHOICE OF LAW:

 

The undersigned agrees that this Waiver and Release shall be governed by the internal laws of the State of Illinois, without regard to Illinois’ conflict of law policies, and any suit arising out of or concerning this Waiver and Release must be in a state court locate in Johnson County, Illinois.

 


 

VI. SEVERABILITY:

 

The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the terms shall continue in full force and effect.

 



 


 

***READ RELEASE BEFORE SIGNING***

 

By signing this form, the undersigned binds his or her heirs, successors and assigns, or if signed on behalf of a minor child, binds the minor child’s heirs, successors and assigns.

 



 

   

 

IF Passenger is a minor, PRINT name of parent or guardian here.

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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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 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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