Central Georgia Marina, Inc. – Boat Rental Agreement
Rental Company: Central Georgia Marina, Inc.
6500 Moseley Dixon Road Phone: 478-474-9995 Macon, Ga 31220 cgmboats@gmail.com
Lake: Tobesofkee (No other usage permitted). Landing: Central Georgia Marina, Inc. Weather Related Refunds: If bad weather prohibits Renter from enjoying the benefit of the full rental period, the Rental Company, at their discretion may offer a rescheduled date. After eight hours of rental no refunds will be given. 48hr cancellation notice required. If 48hr notice is not given it will result in forfeiture of 100% of agreed upon Rental Rate.
Late Fee You will be charged $150 additional if you return the rental boat past the agreed time.
I understand that there are inherent risks that are involved with Water Sports activities, which include but are not limited to weather conditions, adverse water conditions, equipment failure, acts of other participants, and I hereby assume the risks involved. I agree to indemnify, release from liability, and hold harmless Central Georgia Marina Inc. and I agree to assume all risk in connection with this watersport activity for which I am physically fit to participate in. I accept all responsibility and by signing and/or agreeing to the terms and conditions set forth within this waiver and liability release agreement. I understand that I have the duty to exercise reasonable care for my own safety and the after of others involved and I agree to do so. By signing this document I assert that I am physically and mentally fit to ride, operate or participate in water sports recreational activities and will not hold Central Georgia Marina. or their employees or other associated personnel responsible if I am injured as a result of problems that occur while chartering the equipment or other participation.
Inventory Check List
ITEMS QTY COST PER UNIT (IF NOT RETURNED) LIFE JACKETS $20 NEOPRENE LIFE JACKETS $100 BUMPERS $50 ANCHOR $50 THROW CUSHION $20 FIRE EXTINGUISHER $60 KEYS $50 Renter acknowledges all items indicated above are true and accurate and accepts all responsibility for items and damages as stated within this Rental Agreement.
I Agree Boater Safety
In order to rent this or any other vessel, Central Georgia Marina requires you to first view a short video. You can watch this video at http://youtu.be/O9Y5nv-q4ZQ
I agree I have watched and understood the Georgia Boater Safety Video. Renter Agreement
I Agree
Boat Rental Policies- Once the boat leaves the dock the renters are responsible for the safety of all parties aboard. Central Georgia Marina. is not liable for any accidents that may occur.
- Boat renters must be 25 years old and have a valid driver's license to operate boats.
- No grills permitted on boats.
- The undersigned specifically agrees that Central Georgia Marina Inc. shall not be responsible for such injuries, damages, loss or theft, even the event of negligence or fault by Central Georgia Marina LLC.
- A cleaning fee of $100 or more will be charged for boats that are returned excessively dirty.
- The person renting the watercraft is the only person driving the craft.
Rental Equipment & Equipment PartsIn consideration of being allowed the use of rental equipment and equipment parts of Central Georgia Marina Inc, and on behalf of my heirs, assigns, personal representatives, and next of kin, the undersigned: 1. Acknowledge and fully understand that I and/or the minor participant, will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result from only my own actions, the inactions or negligence of others, the rules of play, or the condition of the premises or any equipment used. Further, there may be other risks not known to me or not reasonably foreseeable at this time. 2. Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability, or death. 3. Release, waive, discharge, and covenant not to sue Central Georgia Marina, or its representative administrators, and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers, their heirs, and if applicable, owners and leaders of premises used to conduct the event, all of which are hereinafter referred to as “Releases”, from demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the Release or otherwise.
It is required all Children under age 13 must wear a PFD when the vessel is under way. A wearable personal flotation device (PFD) is required for each person aboard a vessel. All hands, feet, people, etc. are required to be INSIDE the boat panels, with the DOORS SHUT while moving. If you are parked, the boat keys must be out of the ignition. If you are in the water no matter your age, you must wear a life vest. By clicking the agree button below, you are agreeing to all terms and conditions above. Renter Agreement
I Agree
RENTER HAS BEEN GIVEN AN OPPORTUNITY TO FULLY INSPECT THE WATERCRAFT, AND HAS EITHER DONE SO AND IS SATISFIED WITH THE CONDITION THEREOF, OR HAS WAIVED THE OPPORTUNITY TO DO SO. IN ANY CIRCUMSTANCE, RENTER ACCEPTS THIS WATERCRAFT IN THE AS IS CONDITION. NO WARRANTY OR GUARANTEE OF ANY SORT IS OFFERED BY RENTAL CO. AND NONE HAS BEEN RECEIVED BY RENTER. THESE TERMS ARE MATERIAL TO THIS AGREEMENT. RENTER IS RESPONSIBLE FOR WATERCRAFT AND ALL ACCESSORIES FOR THE ENTIRE RENTAL PERIOD UNTIL WATERCRAFT IS RETURNED TO RENTAL COMPANY INCLUDING, BUT NOT LIMITED TO, THE EVENT OF WEATHER OR UNFORSEEN CIRCUMSTANCES WHICH MAKE IT NECESSARY TO LEAVE WATERCRAFT SECURED IN WATER. RENTER SHOULD BE MINDFUL THAT ANY DAMAGE OCCURING FROM WATERCRAFT NOT BEING SECURED PROPERLY UNDER ANY CIRCUMSTANCES IS HIS/HER RESPONSIBILITY. RENTER FURTHER AGREES THAT SAID WATERCRAFT SHALL BE USED IN ACCORDANCE WITH ALL STATE, LOCAL, AND FEDERAL LAWS AND REGULATIONS AT ALL TIMES AND SHALL NOT BE USED OR PILOTED BY ANYONE WHO IS NOT AGREED UPON WITH RENTAL CO. AND WHO IS NOT PROFICIENT AND PROPERLY TRAINED TO OPERATE THE SAME. RENTAL COMPANY HAS NOT OFFERED AND RENTER HAS NOT REQUESTED ANY TRAINING ON THE OPERATION OF THE WATERCRAFT. RENTER FURTHER WARRANTS THAT HE AND HIS PASSENGERS ARE FAMILIAR WITH ALL FEDERAL, STATE AND LOCAL REGULATIONS REGARDING SAFE USAGE OF THE WATERCRAFT AND SHALL ABIDE BY THEM AT ALL TIMES RELEVANT TO THE RENTAL OF THIS WATERCRAFT. ESTIMATED COST OF DAMAGE THE FOLLOWING IS A LIST OF POTENTIAL DAMAGES THAT MAY OCCUR DUE TO RENTER’S NEGLIGENCE DURING THE RENTAL PERIOD. FOR EACH ITEM LISTED, THERE IS AN ESTIMATED COST OF REPLACEMENT AND/OR REPAIR. ALL DAMAGES WILL BE REPAIRED BY A CERTIFIED MARINE MECHANIC AND THE COST ABSORBED BY THE RENTER WILL INCLUDE TOTAL COST OF INVOICE PLUS 25%. THIS LIST IS NOT ALL INCLUSIVE. ANY ADDITIONAL DAMAGES INCCURED THAT ARE NOT LISTED HEREIN WILL BE REPAIRED AND CHARGED TO THE RENTER AS STATED ABOVE.
PLEASE NOTE: RENTAL COMPANY DOES NOT ALLOW SMOKING, DRUGS OR ALCOHOL ON OUR WATERCRAFT. NO OPERATOR OF THE MOTORCRAFT OR PASSENGER THEREON MAY BOARD THE WATERCRAFT IF THEY HAVE CONSUMED ANY DRUG OR ALCOHOL THAT MIGHT IMPAIR THEIR ABILITY TO LOOK OUT FOR THEIR OWN SAFETY, OR THAT OF OTHERS. PLEASE NOTE: PETS ARE NOT ALLOWED ON THE BOATS. PLEASE NOTE: RED MUD STAINS WILL RESULT IN AUTOMATIC COST OF, BUT NOT LIMITED TO, $100. FRONT NAVIGATIONAL LIGHTS- $100 REAR NAVIGATIONAL LIGHTS - $100 SEAT TEAR -200 MINIMUM (IF SEAT HAS TO BE REPLACED THE COST COULD EXCEED $1000 STEREO - $150 STEREO SPEAKER - $150 FLOOR STAIN OR BURN - $100 MINIMUM (IF STAIN CAN’T BE REMOVED, RENTER WILL BE RESPONSIBLE FOR TOTAL CARPET REPLACEMENT AT A COST THAT COULD EXCEED $2500 LADDER DAMAGE - $350 BIMINI TOP FABRIC DAMAGE - $550 BIMINI TOP FRAME $650 SCRATCHES OR DAMAGE TO GEL COAT - $50 MINIMUM (COST COULD EXCEED $150 IF THE BOAT DAMAGED SO BADLY THAT IT IS A TOTAL LOSS, RENTER SHALL BE LIABILE FOR THE TOTAL AMOUNT OF REPLACEMENT COSTS, INCLUDING, BUT NOT LIMITED TO SHIPPING, TAXES, REGISTRATION, ALL FEES OF PURCHASE, AND ANY LOST REVENUE DURING THE TIME THIS BOAT IS UNAVAILABLE AWAITING ITS REPLACEMENT. Renter Agreement I Agree
Central Georgia Marina, Inc. RENTAL AGREEMENT – WAVIER AND RELEASE OR LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY I. DISCLAIMER YOU MUST BE 25 YEARS OF AGE OR OLDER TO RENT ANY BOAT. YOU MUST BE 25 YEARS OR OLDER TO RENT ANY SKI BOAT. ANYONE UNDER 25 YEARS OF AGE MAY NOT OPERATE ANY WATERCRAFT AT ANY TIME DURING THIS RENTAL PERIOD. ONLY AGREED UPON, PROPERLY TRAINED PERSONS MAY OPERATE THE WATERCRAFT UNDER THIS RENTAL AGREEMENT. THIS RENTAL AGREEMENT: WAIVER AND RELEASE OF LIABILTY, ASSUMPTION OR RISK, AND THIS PROMISE TO DEFEND, INDEMNITYAND HOLD HARMLESS (“RENTAL AGREEMENT”) IS APPLICABLE TO ALL RENTERS, OPERATORS, PASSENGERS/USERS of EQUIPMENT PROVIDED BY RENTAL COMPANY. *(FOR PURPOSES OF THUS WAIVER AND RELASE,THE TERM “RENTAL COMPANY” INCLUDES ALL EMPLOYEES, RENTAL COMPANYS, AGENTS, REPERSENTATIVES, SEVANTS, ASSIGNS SUCCESSORS, INSURERS AND SUBSIDIARIES OF RENTAL COMPANY). THE UNDERSIGNEDAGREES THAT HE/SHE IS ALSO SIGNING THE RELEASE ON BEHALF OF ANY MINOR CHILDREN FOR WHOM HE/SHE IS PARENT, GAURDIAN, OR OTHERWISE RESONPSIBLE FOR CARE, CUSTODY AND CONTROL. 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 INDIVIDUAL, EVEN IF SUCH DAMAGES ARISE OUT OF ANY ACTION OR FAULT OF RENTAL COMPANY. RENTAL COMPANY IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO ANY PASSENGER, OPERATOR OR INITEE OF RENTER, DISCLOSED OR UNDISCLOSED OPEREATORS ANPASSENGERS, AND UNDISCLOSED OPERATORS OR PASSENGERS ARE NOT ALLOWED TO USE ANYWATERCRAFT OR EQUIPMENT OF THE RENTAL COMPANY. II. EXPRESS ASUMPTION OF RISK – CAUTION!! READ BEFORE SIGNING I ACKNOWLEDGE THAT THE OPERATION OR USE OF A WATERCRAFT HAS INHERENT RISKS THAT MAY LEAD TO BODILY INJURY OR DEATH. I FURTHER UNDERSTAND THAT I AM NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY OF THE ACTIVITES PRESENTED TO ME, BUT HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE WITHOUT INDUCEMENT. I HAVE NO HEALTH RESTRICTIONS, WHICH WOULD PREVENT ME FROM PARTICIPATING IN ANY ACTIVITIESINCLUDING THOSE I FEEL UNCOMFORTABLE WITH, OR WHICH I FEEL CANNOT BECOMPLETED SAFELY BY ME. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE RENTAL OPERATION, OR USE OF THE WATERCRAFT OR ASSOCIATED RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE, ACT, OR OMISSION OF RENTAL COMPANY. AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION. III. RELEASE OF LIABILITY – CAUTION!! READ BEFORE SIGNING I HEREBY RELEASE AND HOLD HARMELESS, AGRREING TO DEFEND THE RENTAL COMPANY FROM ALL LIABILITY, CLAIMS, DEMANDS OR CAUSES OF ACTION FOR ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED BY ANY PERSON OR ENTITY DURING THE TERM OF MY RENTAL PERIOD OF THE RENTAL EQUIPMENT THAT ARISES DIRECTLY OR INDIRECTLY OUT OF THE OPERATION, USE AND/OR ENJOYMENT OF THE RENTAL EQUIPMENT, HOWEVER CAUSED AND PARTICULARLY WHETHER CAUSED BY ANY ACT, OMMISSION, NEGLIGENCE, GROSS NEGLIGENCE, IN ANY DEGREE OF EGREGIOUSNESS, OF RENTAL COMPANYOR OTHERWISE. THIS INCLUDES ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INCURRED AS A RESULT OF CAUSATION OF ANY SORT, INCLUDING, BUT NOT LIMITED TO, A HIDDEN, LATENT OR OBVIOUS DEFECT ON THE WATERCRAFT OR ANY OF THE EQUIPMENT USED, OR ANY FAILURE TO PROPERLY INSTRUCT, SUPERVISE OR TRAIN, ETC.
Rental Signature
IV. COVENANT NOT TO SUE – CAUTION!! READ BEFORE SIGNING!! AS PART OF THE CONSIDERATION FOR USING THE RENTAL EQUIPMENT, I PROMISE NOT TO SUE OR MAKE A CLAIM AGAINST RENTAL COMPANY FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF MY PARTICIPATION IN THE RENTAL ACTIVITIES, WHETHER THAT DAMAGE BE TO ME, MY PROPERTY, OR OTHERWISE. IT IS THE INTENT OF THIS RENTAL AGREEMENT TO FULLY AND COMPLETLEY RELEASE RENTAL COMPANY FROM ALL CLAIMS. V. LIABILITY TO THIRD PARTIES – CAUTION!! READ BEFORE SIGNING I AGREE THAT I 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, GROSS NEGLIGENCE, OR FAULT OF RENTAL COMPANY. EACH PARTIPANT INITIAL ONE NUMBER ONLY
**INITIALS CERTIFY THAT I HAVE READ AND AGREE TO ALL THE ABOVE TERMS, CONDITONS AND RELEASE OF LIABILTY.
VI. RENTERS CONSENT TO PAYMENT OF RENTAL WATERCRAFT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY THE RENTAL COMPANY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID RENTAL WATERCRAFT IN AS GOOD CONDITION AS WHEN RECEIVED BY RENTER. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. RENTER AUTHORIZES THE RENTAL COMPANY TO CHARGE RENTERS CREDIT CARD WITHOUT PRIOR NOTICE FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO RENTERS CREDIT CARD, THE RENTAL COMPANY, IN ITS SOLE DISCRETION, MAY DEMAND THAT THE RENTER PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVALIABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR RENTAL CHARGES OWED TO THE RENTAL COMPANY BY THE RENTER. RENTER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE WATERCRAFT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND PROPELLER DAMAGE, EXCEPT AS NOTED ON THE INSPECTION FORM FILLED OUT AND INITIAL PRIOR TO ACCEPTING THE RENTAL EQUIPMENT. AN INSPECTION OF THE WATERCRAFT WILL BE CONDUCTED BY BOTH THE RENTAL COMPANY AND RENTER PRIOR TO THE RENTAL PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED BOAT RENTAL AGREEMENT FORM. UPON RETURN OF THE WATERCRAFT, THE RENTAL COMPANY WILL CONDUCT A FINAL INSPECTION. RENTER WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE WATERCRAFT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. RENTAL COMPANY HAS UP TO 48 HOURS AFTER THIS RENTAL & PRIOR TO BEING RENTED AGAIN TO DISCOVER AND INFORM RENTER OF DAMAGE FOUND. AS WITH THE PRIOR PARAGRAPH, RENTER SHALL PROVIDE A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY THE RENTAL COMPANY AND WILL BE USED TO PROVIDE FULL COMPENSATION TO RENTAL COMPANY FROM RENTER FOR DAMAGES AND DEFECTS AND FAILING TO RETURN THE WATERCRAFT IN AS GOOD CONDITION AS WHENRECEIVED BY RENTER. COMPENSATION IS LIMITED TO THE FULL VALUE OF THE WATERCRAFT, BOAT, ENGINE, AND ALL ITEMS THEREIN AT THE TIME OF RENTAL, AS WELL AS LOST INCOME DURING BEING OUT OF SERVICE, AND RENTER AUTHORIZES THE RENTAL COMPANY TO CHARGE RENTERS CREDIT CARD WITHOUT PRIOR NOTICE FOR THESE DAMAGES IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO RENTERS CREDIT CARD, THE RENTAL COMPANY, IN ITS SOLE DISCRETION, MAY DEMAND THAT THE RENTER PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVALIABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR RENTAL CHARGES OWED TO THE RENTAL COMPANY BY THE RENTER. RENTER ACKNOWLEDGES AND UNDERSTANDS THAT ALL RENTAL WATERCRAFT INCLUDE ACCESORY ITEMS AND ALL GEORGIA DEPARTMENT OF NATURAL RESOURCES REQUIRED EQUIPMENT INCLUDING, BUT NOT LIMITED TO PERSONAL FLOTATION DEVICES, FIRE EXTINGUISHERS, THROW DEVICES, ANCHORS, ETC. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN THE RENTAL COMPANY AND THE RENTER PRIOR TO LAUNCHING THE RENTAL WATERCRAFT. BY SIGNING THE INVENTORY LIST, THE RENTER ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE RENTAL WATERCRAFT, THE RENTAL COMPANY AND THE RENTER WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE RENTER AS STATED HEREIN.
EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE RENTER WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL RENTAL COMPANY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE RENTER HAS CAUSED DAMAGE TO THE UNIT, THE RENTAL COMPANY RESERVES THE RIGHT TO CHARGE THE RENTER’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATIONOR AUTHORIZATION FROM THE RENTAL COMPANY. RENTER WILL BE RESPONSIBLE FOR ANY REVENUE LOSS DUE TO WATERCRAFT BEING UNRENTABLE DUE TO DAMAGE CAUSED DURING THIS RENTAL PERIOD. VII. GENERAL TERMS AND CONDITIONS I CERTIFY THAT I HAVE RECEIVED ADEQUATE AND PROPER SAFETY AND OPERATIONAL INSTRUCTIONAL INSTRUCTION FOR THE EQUIPMENT AND WATERCRAFT RENTED FROM RENTAL COMPANY AND AM CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF SUCH EQUIPMENT AND WATERCRAFT AND FOLLOWING ALL SAFETY INSTRUCTIONS. I AGREE NOT TO USE NOR PERMIT THE USE OF THE EQUIPMENT (A) FOR ANY UNLAWFUL PURPOSE; (B) IN A CARELESS, RECKLESS, OR NEGLIGENT MANNER; (C) WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS; (D) TO CARRY PASSENGERS OR PROPERTY IN EXCESS OF THE CRAFT’S RATED CAPACITY; (E) IN A RACE OR COMPETITION; OR (F) IN VIOLATION OF THE INSTRUCTIONS I RECEIVED FROM RENTAL COMPANY. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES, AND ALL PERVIOUS DISCUSSIONS, UNDERSTANDINGS, REPRESENTATIONS, NEGOTIATIONS, AND AGREEMENTS WITH RESPECT TO THE MATTERS INCLUDED IN THIS AGREEMENT AMD MERGED HEREIN. ADDITIONALLY, THE CONSIDERATION RECITED HEREIN IS THE FULL, COMPLETE AND ENTIRE CONSIDERATION FOR THIS AGREEMENT, AND THERE IS NO FURTHER CONSIDERATION TO BE PAID BY ANY PART TO ANY OTHER PARTY OTHER THAN AS RECITED HEREIN. IF ANY PROVISION OR PART OF A PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE AGREEMENT SHALL REMAIN VALID AND ENFORCEABLE BY ANY PARTY. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF GEORGIA IN THE EVENT RENTAL COMPANY PREVAILS IN ANY LITIGATION OR CLAIM RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED HEREIN, I AGREE TO PAY AND INDEMNIFY RENTAL COMPANY FOR ITS LITIGATION EXPENSES, INCLUDING ACTUAL LEGAL FEES AND COURT COSTS. ANY SUIT OR DISPUTE MUST BE PURSUED THOUGH ARBITRATION IN HALL COUNTY INSTEAD OF THROUGH THE COURTS. EACH PARTICIPANT INITIAL ONE NUMBER ONLY INITIALS: INITIALS CERTIFY THAT I HAVE RE-AD AND AGREE TO ALL OF THE ABOVE TERMS, CONDITIONS ANDRELEASE OF LIABILITY
VIII. EQUIPMENT FAILURE. If an equipment failure of the Boat or inventory, caused by no fault of Renter, prohibits Renter from enjoying the Boat for the full Term of this Agreement, Rental Company may, at Rental Company’s sole discretion, offer a partial or total refund or replacement rental, if inventory allows. If equipment failure of the Boat or inventory is caused by the misuse or negligence of Renter, Rental Company may choose to not offer any refund or replacement, and Renter will be liable for damages AS SET FORTH HEREIN. If Rental Company discovers an equipment failure of the Boat prior to the commencement of the Term, Rental Company reserves the right to cancel Renter’s reservation and refund Renter the full amount paid. IX. MAXIMUM NUMBER OF PERSONS. The maximum number of people allowed on the Boat at one time is MARKED CLEARLY ON THE WATERCRAFT ITSELF (the “Maximum on Board”). If Renter has more than the Maximum on Board, the Renter will forfeit the security deposit and be responsible for any additional fines, cleaning. RENTAL COMPANY RESERVES THE RIGHT TO DENY USE TO ANY RENTER FOR EXCEEDING THE MAXIMUM NUMBER OF PERSONS ON BOARD WITHOUT REFUND. X. TRASH. Renter is responsible for the removal of all trash from the Boat. If any trash is discovered on the Boat after the Term, RENTAL COMPANY may require Renter to pay an additional trash removal fee. XI. NO ASSIGNMENT. Renter will not assign this Agreement. XII. SEVERABILITY CLAUSE. If any provision of this Agreement is found to be in conflict with any law governing the relationship between RENTAL COMPANY and Renter or any other manner that this Agreement pertains to, thereby making that provision null and void, the nullity will not affect the other provisions of this Agreement, instead this Agreement will be given effect without the void provision. To this end, provisions of this Agreement are severable. XIII. CHOICE OF LAW AND FORUM SELECTION. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia. Any action AGAINST THE RENTAL COMPANY arising under the terms of this Agreement OR OTHERWISE, including, without limitation, any action to enforce this Agreement, WILL BE SUBJECT TO ARBITRATION UNDER THE AAA RULES OF ARIBTRATION. THE VENUE FOR SAID ARIBITRATION SHALL BE THE CLOSEST POSSIBLE VENUE TO THE RENTAL COMPANY’S PLACE OF BUSINESS. ANY ACTION BROUGHT BY THE RENTAL COMPANY AGAINST THE RENTER MAY BE DECIDED IN ARBITRATION OR IN A COURT OF COMPETENT JURISDICTION WITH THE AGREEMENT THAT ANY SAID COURT ACTION SHALL BE BROUGHT IN BIBB COUNTY, GEORGIA, AND THE ELECTION OF COURT ACTION OR ARBITRAITON IS SOLELY WITHIN THE DISCRETION OF THE RENTAL COMPANY. XIV. ENTIRE AGREEMENT. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO ORAL OR WRITTEN AGREEMENTS OR ARE MADE BY EITHER PARTY OTHER THAN THOSE EXPRESSLY WRITTEN IN THIS AGREEMENT. XV. ALTHOUGH NO TRAINING HAS BEEN OFFERED BY RENTAL COMPANY, IN ORDER TO FACILITATE BETTER COMPLIANCE WITH THE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS, WHICH THE RENTER AND ALL PASSENGERS, INVITEES, ETC. THEREOF SHALL ABIDE BY UNDER LAW/REGULATION AND THE EXPRESS AND MATERIAL TERMS OF THIS AGREEMENT, RENTER WARRANTS THAT PRIOR TO ENTERING INTO THIS AGREEMENT THAT RENTER HAS WATCHED, UNDERSTOOD, AND HAS NO QUESTIONS ABOUT THE VIDEO AND SAFETY CERTIFICATION FORM THAT RENTER HAS PERSONALLY VIEWED, AND MADE THE INFORMATION AND ACCESS OF AVAILABLE TO ALL OCCUPANTS, PASSENGERS, INVITEES, ETC. RENTER WILL ALLOW TO ENJOY THE WATERCRAFT DURING THE RENTAL PERIOD. FURTHER, RENTER CERTIFIES THAT AS A MATERIAL AND INDUCING TERM FOR RENTAL COMPANY TO ENTER INTO THIS AGREEMENT THAT RENTER HAS FILLED OUT THE CERTIFICATION AND VESSEL RENTAL ORIENTATION CHECKLIST THAT IS HEREBY MADE AN EXHIBIT TO THIS RENTAL AGREEMENT BY REFERENCE AND THE INFORMATION ON WHICH IS INCORPORATED AS MATERIAL TERMS HEREIN. XVI. PASSENGERS, INVITEES, ETC.: BY MY SIGNATURE HERETO AND AS A PASSEGER, INVITEE, ETC. OF RENTER, I HEREBY CONSENT TO AND CONTRACTUALLY ACCEPT THESE TERMS AS A MATERIAL TERM OF MY BEING ALLOWED TO ENJOY THE RENTAL EQUIPMENT IN ANY WAY DURING RENTER’S RENTAL PERIOD. I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT I HAVE FULLY INFORMED-MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THE AGREEMENT, AND THAT I HAVE REILED SOLELY ON MY OWN JUDGEMENT IN EXECUTING THE DOCUMENT. I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, WAIVER AND RELEASE OF ALL CLAIMS INCLUDING THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE OF LIABILITY, DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES AND THE COVENANT NOT TO SUE, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE IF RENTAL COMPANY’S WATERCRAFT AND EQUIPMENT. I ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I AGREE TO ASSUME REPONSIBILITY, EVEN THOSE RISKS ARISING OUT OF ANY ACT OR FAILURE TO ACT BY RENTAL COMPANY, OTHER PASSENGERS, RIDERS, AND/OR ALL PARTICIPANTS ON THE WATERCRAFT. MY AND OUR PARTICIPATION IN THE ACTIVITY IS PURELY VOLUNTARY. I ASSUME FULL RESPONSIBILITY FOR MYSELF AND ALL PASSENGERS ON THE WATERCRAFT, INCLUDING ANY MINOR CHILDREN, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR OTHER FAULT OF PASSENGERS, RIDERS, GUESTS AND OTHER PASSENGERS ON THE WATERCRAFT AND EVEN IF CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF THE RENTAL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, LEGAL REPRESENTATIVE AND ASSIGNS (COLLECTIVELY THE “RELEASEES”).
CAUTION!!! READ THIS ENTIRE DOCUMENT BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES ALL LIABILITY AGAINST RENTAL COMPANY, ETC. AS SET FORTH HEREIN.SIGNATURE BELOW INDICATES THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND AGREE TO ITS TERMS AND CONDITIONS AND ARE SIGNING THIS DOCUMENT ON BEHALF OF ALL THE OPERATORS/PASSENGERS AS LISTED BELOW. FURTHERMORE, ANY PASSENGERS/OPERATORS NOT LISTED ON THIS DOCUMENT. RENTER: April 27, 2024SIGNATURE DATE OPERATORS/PASSENGERS; ALL OPERATORS AND PASSENGERS MUST SIGN AND BE PRESENT FOR SAFETY AND OPERATIONAL PROCEDURE EACH PARTICIPANT: MY SIGNATURE BELOW REPRESENTS MY ACCEPTANCE OF THE MATERIAL TERMS OF THIS AGREEMENT WHICH INDUCE RENTAL COMPANY TO ENTER INTO THIS DOCUMENT. PRINT NAME SIGNATURE OR GUARDIANS SIGNATURE
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