Boat Rental Waiver Agreement 

 704 Elite Watersports LLC

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Please Review Our Boat Rental Waiver

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I. WAIVER AND RELEASE OF LIABILITY AGREEMENT DISCLAIMER

 

This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by 704 Elite Watersports LLC. (For purposes of this Waiver and Release, the term “704 Elite Watersports LLC” includes all principals, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of 704 Elite Watersports LLC). 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 the undersigned’s minor children. The renter agrees that he/she will disclose to 704 Elite Watersports LLC all potential operators, passengers, and users of said rental equipment. The renter further agrees that in the event he/she fails to notify 704 Elite Watersports LLC 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 704 Elite Watersports LLC.

 

II. ACKNOWLEDGEMENT OF RISKS

 

The undersigned hereby acknowledges that some, but not all, of the risks of participating in watersport activities include:

 

Changing water flow, tides, currents, wave action, and ships’ wakes.

Collisions with any of the following: other participants, boats, other boats, and man-made or natural objects.

Collision, capsizing, sinking, or other hazards which result in wetness, injury, exposure to the elements, hypothermia, drowning, and/or death.

Attack by or encounter with insects and marine life forms.

Equipment failure or operator error.

My sense of balance, physical coordination, ability to operate equipment, swim, and/or follow directions.

Wind, inclement weather, lightning, variances, and extremes of wind, weather, and temperature.

Heat or sun-related injuries or illnesses, including sunburn, sunstroke, or dehydration.

This list of risks is not complete, and 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 704 Elite Watersports LLC 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; fractures or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bites or attacks; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks. The undersigned 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 704 Elite Watersports LLC.

 

IV. ALCOHOL AND RELEASE OF LIABILITY POLICY

 

704 Elite Watersports LLC does not sell or serve alcoholic beverages. We will allow you to bring alcohol under the condition that we will not be held accountable for any injuries sustained while under the influence of alcohol. It is your responsibility to arrange for your own transportation when leaving 704 Elite Watersports LLC’s vessels if you are under the influence of alcohol. Methods of safe transportation include, but are not limited to, ride-share programs such as Uber and Lyft, taxi services, or family members/friends. Failure to do so risks violating North Carolina Penal Code 49.04 (Driving While Intoxicated). By signing below, you agree that you will be held accountable for any and all injuries sustained at 704 Elite Watersports LLC and that you participate at your own risk.

 

V. WAIVER/RELEASE OF LIABILITY

 

By the execution of this Release, the undersigned voluntarily releases, forever discharges, and agrees to indemnify and hold harmless 704 Elite Watersports LLC 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 704 Elite Watersports LLC, regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that 704 Elite Watersports LLC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that 704 Elite Watersports LLC shall not be responsible for such injuries, damages, loss, or theft, even in the event of negligence or fault by 704 Elite Watersports LLC, 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 704 Elite Watersports LLC.

 

VI. LIABILITY TO THIRD PARTIES

 

The undersigned hereby agrees that he/she will indemnify and hold harmless 704 Elite Watersports LLC 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 boats 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 704 Elite Watersports LLC, even if such damages arise out of the negligence or fault of 704 Elite Watersports LLC.

 

VII. VIDEO/PHOTOGRAPHY RELEASE FORM

 

I hereby grant permission to 704 Elite Watersports LLC and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release 704 Elite Watersports LLC and its legal representatives for all claims and liability relating to said images or video.

 

VIII. 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 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 704 Elite Watersports LLC 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 704 Elite Watersports LLC for 704 Elite Watersports LLC’s negligence.

 

CAPTAIN NAME: ____________________________________ (Print Name)

 

TIME START/END: ___________________________

 

RENTER NAME: _____________________________________ (Print Name)

 

DATE: ______________________

 

Additional Operators or Passengers Names & Ages:

 

Credit/Debit Card Authorization Form

 

Date: ___________

 

Renter Information

 

Name: ___________________________________________________

 

Phone: ___________________________________________________

 

E-mail: ___________________________________________________

 

Driver’s License State & No.: ___________________________________________

 

Credit Card No.: ____________________________________ Exp: _____________

 

CV Code: ____________ Billing Zip: _________________

 

For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, 704 Elite Watersports LLC (“Boat Owner”) agrees to rent the Boat listed below to Renter (identified above) for the time specified and subject to all terms and conditions set forth below.

 

Boat Identification: ________________________ Rental Date: __________ Start Time: ___________ End Time: ___________

 

Inspection of Equipment: Boat Owner certifies that the boat and motor are in good mechanical and physical condition. Any known damage or problems will be listed on this rental agreement. Renter will inspect the Boat prior to use and leases the same without any representations by Boat Owner. If Equipment has damage or problems not listed on this agreement, Renter must notify the Boat Owner before use of the boat begins and on the first day of rental.

 

Damage to Equipment: Renter acknowledges and understands that the boat is to be left in clean, undamaged condition, in the same condition at the commencement of the rental period. If rental Equipment is not left in suitable condition, Renter acknowledges and understands that Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that Boat Owner reserves the right to charge for any damages, repairs, replacement, or special cleaning of any damaged or lost real or personal property. Renter acknowledges, understands, and agrees that by signing this Boat Rental Agreement/Contract, he/she is authorizing Boat Owner to charge Renter for any damages sustained. Such charges will be charged to the credit card on file for the rental.

 

Prohibited Activities: The following activities are not permitted on the boat. Violation of this provision will result in the immediate termination of this contract and forfeiture of all monies paid by the Renter, including the full amount due for the rental regardless of how much time is remaining on the rental.

 

Smoking

Operating the boat while intoxicated

Operating the boat with more people on board than the boat is rated for

Allowing pets

Allowing more people on the boat than what the boat is rated for

Jumping or swimming off the boat

Operating the boat before sunrise or after sunset or in reduced visibility (fog, rain, haze, etc.) as the boats are not equipped with lights.

Life Jackets: One approved Type I, II, or III life jacket is supplied by 704 Elite Watersports LLC for each adult, youth, or child on the boat. Any person under the age of 16 must wear their life jacket at all times. Pets should wear a life jacket at all times (not provided by 704 Elite Watersports LLC).

 

Wildlife in the Water: Be very aware, Lake Pierce has alligators, poisonous snakes, and other species that may harm you. DO NOT swim in the lake or allow your pets to swim in the lake.

 

Renter Warranties and Representations: Renter represents and warrants the following:

 

He/she acknowledges all laws governing the operation of the boat and will comply with the laws and regulations at all times.

He/she is adequately familiar with the operation of the boat.

He/she will operate the boat in a safe manner at all times.

He/she understands the operation of the boat involves risks and assumes all liability associated with the operation of the boat.

Cancellation Policy: If Renter cancels his/her reservation within 7 calendar days of the reservation, Renter shall forfeit the deposit. If the cancellation is due to inclement weather, then the deposit will be applied to an alternate date. If inclement weather causes the rental period to end prematurely, the rental rate shall be prorated based on the time used.

 

Life Jackets: Any person under the age of 13 must wear a life jacket at all times while on the boat. All persons must wear life jackets while swimming from the boat.

 

Governing Law: This Agreement is governed, construed, and administered according to the laws of Florida, as amended from time to time, and any applicable federal law. No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Florida.

 

Entire Agreement: This Agreement constitutes the sole and entire agreement of its parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the subject matter. As between or among the parties, oral statements or prior written material not specifically incorporated in this Agreement have no force or effect. The parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.

 

Dated: __________________________

 

Renter's Signature: ______________________________________________________________

 

704 Elite Watersports LLC Authorized Representative: __________________________________