Renter acknowledges that Renter has fully examined the Boat and finds it suitable and in good working order and in the condition for which it is rented and that the Boat is accepted in good condition and Renter will maintain the Boat and all ancillary equipment associated with the Boat in a safe and dependable condition while in their custody.
Renter agrees not to operate or permit the operation of the Boat (i) for any unlawful purpose, (ii) in a careless, negligent, or unsafe manner, (iii) while under the influence of alcohol and or narcotics, whether legal or not, (iv) by any minor, or (v) to any person not a signatory of this Agreement. In no event shall the Boat be used for skiing, tubing, wakeboarding, wakesurfing, kneeboarding, or in any other manner that involves towing any person and/or equipment.
Renter acknowledges their responsibility for the safe and proper operation of the Boat and for the safety and welfare of other boaters and persons. It is agreed Renter shall be responsible for all liabilities of injury or damage to all persons and property arising from or related to the use of the Boat.
The rules and regulations attached herein and posted in the office and on the Boat are for the safety and welfare of all persons who use the facilities. Renter agrees that they have read and understand said rules and regulations and further assumes the responsibility to ensure that their family and/or guests will obey the rules and regulations.
Cash or credit card deposit as provided in the statement of charges shall be retained by the Marina as full or partial compensation for failing to return of the Boat in good condition; ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of the Boat by Renter. Renter hereby acknowledges and agrees that Marina shall have the right to deduct such charges in its sole and absolute discretion. If Renter exceeds the allotted rental time reflected on the first page of this Agreement, Renter agrees to pay the overtime fee reflected on the first page of this Agreement.
Renter acknowledges Renter is responsible for the safe and proper operation of the Boat; and for the safety and welfare of other boaters and persons. Renter agrees that neither Marina nor its parent companies, affiliated companies, subsidiaries, agents, servants, officers, directors, shareholders, lenders, members, managers, employees, sureties, successors and assigns, and all other related persons, firms, corporations, and associations or partnerships (collectively, the “Releasees”) shall be held liable for damages, injuries, accidents, inconvenience or time lost caused by accident or breakdown or malfunction of the Boat and Releasees specifically disclaim any liability in connection with the same.
In the event of malfunction, breakdown or if any defect is discovered after acceptance of the Boat by Renter, Renter will immediately report the same to Marina. Use of the Boat shall be at the Renter’s own risk and Renter hereby assumes any and all liabilities or damage or injury to all persons and property in connection with Renter’s use of the Boat.
Marina’s ability to provide the Boat, if reserved, is contingent upon and subject to the timely return of the Boat by the previous Renter or any other cause beyond the Marina’s control.
Marina reserves the right to cause Renter to return the Boat immediately due to (i) inclement or impending bad weather; (ii) in the alleged misuse or negligent operation; or (iii) for any other reason whatsoever as determined by Marina in its sole discretion. IN THE EVENT MARINA CAUSES RENTER TO RETURN THE BOAT, NO REFUNDS WILL BE ISSUED TO RENTER.
Renter and its passengers agree to indemnify and hold harmless BARM EDDY CREEK, LLC, its successors and assigns from and against any and all liabilities, losses, cost, damages, expenses including attorney fees, claims, suits, and judgments in connection with the injury or death of any person(s), loss or damage to any property including property of Renter, arising out of or related to the Boat and all ancillary equipment related to the Boat or conduct of the Marina and its employees regardless of whether such injury, death, loss or damage results in whole or part from any negligence of, tort, liability of or breach of any duty owed under contract or statute by the Marina, its employees, its agents, or otherwise.
If collision, accident or casualty occurs, Renter agrees to furnish the Marina with a complete report of same immediately in writing, including the names and addresses of all witnesses and persons involved.
Renter and each person who will be operating or riding in the Boat (collectively, the “Releasing Parties”) affirms and acknowledges that the Releasing Parties have been fully informed of the inherent hazards and risks associated with motorized boating and related water sports activities in which the Renter is about to engage, including, but not limited to:
Changing tides, water flow, currents and ships or other boat wakes.
Collisions with persons, other boats or watercrafts, manmade or other natural objects.
Heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration; fatigue, chill and or reaction time and increased risk of accident.
Physical condition, sense of balance, ability to operate equipment, swim and or to follow directions.
Inclement weather, lightning, wind shear, variances and extremes of cold, weather and temperature.
Equipment failure or operator error.
This Agreement shall be governed by the laws of the Commonwealth of Kentucky. This Agreement and all provisions and exhibits hereto constitutes the entire agreement between parties and no provisions hereof may be varied or altered except in writing and signed by both parties. Renter and Marina hereby agree that if any provision of this Agreement or the application of any provision of this Agreement to any person or in any circumstance shall be determined to be invalid or unenforceable, then such determination shall not affect any other provision of this Agreement or the application thereof to any other person or in any other circumstance, all of which shall remain in full force and effect. It is the intention of the parties hereto that in lieu of each provision of this Agreement which is determined to be invalid or unenforceable there shall be added, as part of this Agreement, such an alternative clause or provision as may be possible and be valid and enforceable.
Upon receipt of the Rental Fee, Renter is granted use of the designated Boat for the time stated herein. As part of the consideration for this Agreement, the Renter agrees to abide by the Marina’s “Rules and Regulations” attached hereto (which may be modified from time to time by Marina, in its sole and absolute discretion), receipt of a current copy of which is hereby acknowledged by Renter. Failure by Renter (or any of Renter’s guests or any other person for which Renter is responsible pursuant to this Agreement) to comply with the “Rules and Regulations” shall be deemed as breach of this Agreement.
This Agreement has been read and agreed to by the Renter, and those authorized by the Renter to operate the Boat.
