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. Owner agrees to rent to Renter, and Renter agrees to rent, the following boat ("Boat") for use in conformance with the terms set forth below: Make: Bentley Maximum Seating Capacity: 12 people Description: Pontoon Boat Use of the Boat by the Renter shall be strictly in accordance with this Agreement and the Use Restrictions set forth below. For purposes of this Agreement, “Renter” means the individual who reserved the boat through the Boatsetter platform and, as such, is the only authorized and insured operator of the vessel. 1. RENTAL FEESRenter agrees to rent the Boat for the agreed period and rate. This Agreement commences on the Rental Start Date and ends on the Rental End Date ("Rental Term"). Payment of the Deposit and/or Rental Fee may be accepted via credit card. Owner may cancel this Agreement if the Boat is unavailable or requires repair. In such case, Deposit and Rental Fee (if paid) shall be refunded. 2. DEPOSITA security deposit of $1500.00 is required prior to use of the Boat (“Deposit”). Renter agrees to return the Boat in the same condition as received, subject to reasonable wear and tear. Owner may deduct from the Deposit any damages, repairs, replacements, or special cleaning costs. If charges exceed the Deposit, Renter shall pay the balance within seven (7) days of notice and Owner reserves the right to deduct any remainder owed from the separately held Lakehouse rental deposit. 3. CANCELLATION POLICYRenter is responsible for the Rental Fee once the Deposit is received. No refunds or rebates will be issued except in cases of where the boat is unavailable or due to unsafe weather conditions. Cancellations made at least 5 days prior to the Rental Start Date will receive a full refund. 4. USE RESTRICTIONSRenter agrees to operate the Boat carefully, in compliance with all applicable laws and Owner Rules. - Renter shall comply with all federal, state, and local boating laws including the following rules:
- Boat shall be operated only by Renter. Renter must be at least 25 years of age.
- No operation under the influence of alcohol or drugs.
- Drivers born before January 1, 1998 must watch the 10-minute Georgia Boater Renter Safety Video:
- https://youtu.be/8tLpiXdBNYA
- Drivers born on or after January 1, 1998 must complete the online Georgia Boater Education Course before operating any vessel and must have their card available to be inspected by Lake Tobesofkee Park Rangers:
- https://www.boat-ed.com/georgia/
- Renter acknowledges that Lake Tobesofkee requires a valid boater pass for all passengers over six (6) years of age and that these are the sole responsibility of the renter (~$3/per person). 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.
- Renter 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.
- Renter shall comply with Owner rules, including the following:
- 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.
- No passengers or property for hire.
- No towing of vehicles.
- No racing or contests.
- No operation from sunset to sunrise.
- Boat shall be stored securely using protective fenders when not in use.
Property Manager reserves the right to revoke use of the Boat for safety reasons, including unsafe operation or weather conditions. 5. ASSUMPTION OF RISKRenter acknowledges and understands that boating and swimming are HAZARDOUS ACTIVITIES that involve the risk of serious bodily injury, permanent disability, drowning, or death. Renter 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. Boat does not contain communication or navigational equipment, with the exception of a depth/fish finder. Renter is responsible for safe operation and determining safe water depths. 6. LIABILITY RELEASETo the fullest extent permitted by law, Renter, 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. 7. INDEMNIFICATIONRenter agrees to indemnify and hold harmless Owner from any claims, damages, liabilities, costs, or attorney’s fees arising from Renter’s violation of this Agreement or unsafe conduct. 8. DEFAULTViolation of the Rules or this Agreement constitutes default and permits repossession of the Boat. 9. REMEDIESOwner reserves all legal and equitable remedies in the event of breach, tortious conduct, or violation of the Rules. Renter consents to jurisdiction of the Superior Court of Macon-Bibb County, Georgia. 10. 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. 11. ACKNOWLEDGEMENTBy signing below, Renter acknowledges that he or she has read and agrees to this Agreement and the Rules. Executed on March 1, 2026 |