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Frisco Bay Marina

TERMS AND CONDITIONS FOR SHORT TERM BOAT RENTALS

ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT

Read Carefully. This is a release of liability and waiver of rights. 


TERMS AND CONDITIONS FOR SHORT TERM BOAT RENTALS LESSOR: FRISCO BAY MARINA, PO BOX 4100 FRISCO, CO 80443

LESSEE ACKNOWLEGES: I am an adult of at least 18 years of age. I have rented the described vessel as Lessee from the Lessor as described above. I agree to the following terms and conditions:

 

1. Lessee agrees to return the vessel in the condition that it was received or Lessee shall be liable for all damages and/or loss of the vessel and its equipment sustained during the rental period. Should the vessel be returned in a condition that requires cleaning, a cleaning fee of $75/hour shall be accessed over and above other fees.

2. Lessee agrees to return the vessel on or before the established return time, otherwise the Lessee shall pay a $60 late charge and any additional time at the hourly rental rate, with any portion of an hour constituting a full hour for all boat rentals. Lessee shall also pay any loss or damage Lessor may incur by Lessee's failure to return the vessel at the established time. There is no refund for early return of vessel. Lessor is not responsible for loss of rental time due to weather, illness, accident, or change of plans.

3. Lessee agrees that the vessel will be kept in a safe place when unattended by Lessee personally and will be used solely by Lessee in a safe manner and on the date and time indicated on the rental form.

4. Lessee understands swimming is not allowed on Dillon Reservoir; violations of this restriction will result in fines.

5. Lessee's acceptance and use of the vessel will be deemed to be acknowledgement that the vessel is seaworthy.

6. Lessee assumes all risk of loss and damage to vessel.

7. Lessee shall have exclusive possession, control, and command of vessel during the rental period.

8. Lessor is not responsible for any property left on vessel, or lost or transported Lessee or any other person in Lessee's vessel before, during, or after rental period.

 9. Lessee shall indemnify and hold Lessor harmless from any and all liability resulting from injury (including death) to any person or damage or loss of property suffered on or about the vessel by reason of Lessee's use, navigation, or operation of the vessel.

10. Lessee warrants and represents that he/she has the ability and training or experience to safely operate the leased vessel.

11. If Lessee is renting a power vessel, he/she acknowledges that he/she has watched the Marina safety video and has asked any questions needed to provide further clarification.

12. Lessee agrees to follow all COVID-19 rules and regulations set by local, state and federal governments.

 13. Lessee acknowledges that he/she has executed the Assumption of Risk and Release of Liability Agreement, attached here to on behalf of himself/herself or any minors of which he/she is the parent or legal guardian. 

 

TOWN OF FRISCO

 

ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT

 

Read Carefully. This is a release of liability and waiver of legal rights.

 1. Definitions. The person or persons who are participating in the rental and use of a boat or other watercraft, using the vessel described in the attached Terms and Conditions for Short Term Boat Rentals, or taking part in any event or activity at the Frisco Marina shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when one or more Participant is under the age of 18. “Released Parties” mean TOWN OF FRISCO or any of its successors, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, and officials. The “Activity” means taking part in the rental and use of a boat or other watercraft and/or taking part in events and activities at the Frisco Marina; or using the facilities of the Frisco Marina, and/or any of the other facilities of the Town of Frisco for any purpose.

 2. Risks of Activity. The Undersigned understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: falling; falling into the water, slick or uneven surfaces; collisions with man-made objects or other vessels; collisions with other participants; slipping; tripping; improper use of equipment or the vessel by Participant or other participants; communicable or infectious disease, including Covid-19; fatigue; exhaustion; dehydration; high elevation; altitude sickness; exposure to highly variable weather conditions, mental distress from exposure to any of the above; and negligence of others.

 THE UNDERSIGNED ACKNOWLEDGE THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS, INCLUDING, BUT NOT LIMITED TO THE ACTS, OMISSIONS, REPRESENTATIONS, CARELESSNESS, AND NEGLIGENCE OF THE RELEASED PARTIES. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

 3. Duties of Participant. The Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant is responsible for reading, understanding and complying with all signage, including instructions on use of the vessel. Participant acknowledges that Participant has the physical dexterity and knowledge to safely engage in the Activity. Participant assumes the risks of engaging in the Activity. 

 4. Release and Indemnification: In consideration of the Participant being permitted to participate in the Activity, the Undersigned (a) unconditionally release, forever discharge, and agree not to sue the Released Parties from and for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Released Parties; and (b) agree to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity.

 5. Minor Acknowledgment. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

 6. Medical Care. Undersigned authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

 7. Media. The Undersigned hereby grant Released Parties the absolute and irrevocable worldwide right, license and permission, without any additional cost, to use Participant’s name, likeness, image, voice, and audio footage or film (collectively referred to as “Media”) obtained during Participant’s participation in the Activity. The Undersigned hereby agree that all right, title, interest and ownership, including copyright, in and to any tangible work in any Media containing Participant’s image so obtained shall be owned exclusively by Released Parties. Undersigned understand and agree that as owner of any such Media, Released Parties shall have the exclusive right to exercise all rights granted under copyright protection relative to the Media. Finally, Undersigned release Released Parties from any and all claims and demands arising out of or in connection with the use of such Media.

 8. Miscellaneous. The Undersigned agree: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Summit County, Colorado, (c) this agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned; and (d) the singular form of the word Participant herein shall be deemed to include the plural form.

 I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

April 23, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Phone*
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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