Marina Equipment Rental Agreement
RER INDIAN SHORES, LLC D/B/A INDIAN SHORES RESORT
MARINA EQUIPMENT RENTAL WAIVER & RELEASE OF LIABILITY AGREEMENT
Boating is an outdoor experience: Therefore, we do not give refunds or credits due to the discomforts of nature.
NOTE: Gas is NOT included with rental and is a separate charge at current rate set by RER Indian Shores LLC.
This agreement is made and entered for the hire date and time selected by guest and between RER Indian Shores LLC, hereinafter called “OWNER” and guest hereinafter called “RENTER”.
OWNER agrees to rent the selected equipment solely to the RENTER that is at least 18 years old. A valid driver’s license will be needed on the day of the rental. RENTER promises to pay for all damages or loss of boat and/or motor and other related equipment.
RENTER shall not do any of the following while renting a fishing boat/wave runner/ski boat/pontoon/canoe:
- Carry passengers or property for hire.
- Carry passengers or property in excess of the rated capacity of the rented facility
- Use to tow or propel any other vessel including and not limited to canoes, wave runners etc.
- Use in any race or competition
- Use for an illegal purpose
- Operate boat/motor in a negligent manner
- Permit the boat/motor to be operated by any other person without permission of the owner (RER Indian Shores LLC)
- Remove motor from boat for any reason whatsoever.
- No towable to be used with boat rental
RENTER will agree to operate equipment in accordance with all the applicable federal, state and local laws, rules and regulations and that the renter will reimburse owner for any fines, or penalties assessed against the owner for any violation committed by renter while operating this equipment
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by RER INDIANS SHORES, LLC D/B/A INDIAN SHORES RESORT. (For purposes of this Waiver and Release, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of RER INDIAN SHORES, LLC D/B/A INDIAN SHORES RESORT). 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.
II. EXPRESS ASSUMPTION OF RISK
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.
III. WAIVER/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 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 liable for any loss or theft of personal property. The undersigned specifically 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. This Waiver and Release does not apply to gross negligence or intentional torts by Rental Company.
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 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 of Rental Company.
V. ACKNOWLEDGMENT 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 also understands that he/she has an opportunity to bargain for different waiver of liability terms 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.
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 remaining terms shall continue in full force and effect.
Person born after January 1, 1989 is required to have completed the safety course requirement.
$90.00 per hour will be charged for boats returned that need excessive cleaning.
Late Returns of ski boat, pontoons and wave runners will be charged at $200.00 per hour/$50 per 15 minutes.
Damages and/or replacement cost for missing equipment is non-negotiable and will automatically be charged to the credit card on file.
The following are replacement cost (tax not included):
- Damaged prop – $275.00 and up
- Missing Life Vest – $25.00 per life vest
- Rope – $25.00
- Missing/Broken Keys – $25.00 per key
- Throwable – $25.00
- Buoys – $45.00 per buoy
- Anchor – $90.00
By accepting/signing this agreement, the RENTER represents he/she is at least 18 years old and RENTER promises to pay for all damages or loss of boat and/or motor and other related equipment included in this agreement.