This Boat Rental Agreement, which consists of Waiver and Release of Liability Agreement and Use of the Watercraft and Equipment, is made by and between Boating In Seattle (“Rental Company”) and the Undersigned identified below and is effective as of the date of the signature of the Undersigned.
Waiver and Release of Liability Agreement
- 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 the Rental Company (For purposes of this Waiver and Release, the term “Rental Company” includes all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, owners and insurers of Boating in Seattle). The Undersigned agrees that he/she is also signing this Release on behalf of the Undersigned minor children. The Undersigned agrees that he/she will disclose to the Rental Company all potential operators, passengers, and users of said rental equipment. The Undersigned further agrees that in the event that he/she fails to notify the 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 or fault of the Rental Company.
- ACKNOWLEDGEMENT OF RISKS. There are significant elements of risk in any adventure sport or activity on the water associated with the use or presence of water craft, including but not limited to boats and their related equipment. These risks are inherent in boating and may be present even if the boat equipment is used properly and even in still water. The Undersigned understands and acknowledges that the operation of the boat equipment involved risks such as, but not limited to, the following: (a) changing water flow, tides, currents, wave action and ships’ wakes; (b) collision with other participants, any portion of the interior of the craft, other watercrafts, and manmade or natural objects; (c) collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, drowning and/or death; (d) cold weather and heat related injuries and illnesses including hyperthermia, frostbite, heat exhaustion, sun stroke, and dehydration; (e) inclement weather, variances and extremes of wind, weather and temperature; (f) attack by or encounter with insects and marine life forms; (g) equipment failure or operator error; (h) my sense of balance, physical coordination, ability to swim, and/or ability to follow directions; (i) injury while getting in and out of the watercraft; (j) unavailability of emergency aid services and emergency medical care. The listing of these risks it no intended, and shall not be construed as, all of the possible risks associated with the use of the boat equipment.
- EXPRESS ASSUMPTION OF RISK. The Undersigned hereby agrees that he/she is renting, operating or using the boat and boat equipment provided by the 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. Based upon the warnings above and the Undersigned’s acknowledgement of the inherent risks of using and operating a boat and the boat equipment, and that some or all of those risks may be unavoidable even with reasonable care in the use and operation of the boat and boat’s equipment, by executing this agreement the Undersigned expressly assumes all risks that arise from the use and operation of the boat and boat’s equipment, including the risks of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors or circumstances related to the use of the boat and boat equipment.
- 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 negligence or fault of Rental Company. - 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 actives 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 watercraft or stationary objects, physical contract/collisions with 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 the 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 the Rental Company. - 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 the Rental Company with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The Undersigned further agrees to release from liability and hold harmless the Rental Company, along with its respective officers, directors, employees, owners, members, managers, affiliates, agents, representatives, attorneys, heirs, personal representatives, successors and assigns, all individuals associated with the boat rental, and all individuals and entities having an interest in the boat being used for the boat rental, from any and all liability, claims, demands, equitable relief, damages, costs, expenses, and causes of action of any kind or character, of any type or nature whatsoever (including negligence), arising out of the boat rental.
I have carefully read the foregoing Waiver and Release of Liability Agreement, understand its contents and sign it with full knowledge of its significance.
Date: ___________
Renter Information
Full Name: ___________________________________________________
Address: ___________________________________________________
Phone: ___________________________________________________
E-mail:___________________________________________________
Driver’s License State & No.: _______________________
Signature: _______________________
Additional Operators and/or Passengers
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
- Name: ________________________ Signature: ________________________
For good and valuable consideration, the sufficiency of which is acknowledged by the
undersigned parties, the Rental Company agrees to rent the watercraft 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: ___________
Use of the Watercraft and Equipment
In consideration of the Agreement herein, the Rental Company agrees to rent to the Undersigned Customer (hereinafter “the Undersigned”) the watercraft and its equipment described herein.
Inspection of Equipment. The Rental Company certifies that the watercraft and motor are in good mechanical and physical condition. Any known damage or problems will be listed on this rental agreement. The Undersigned acknowledges he/she has carefully examined the rental watercraft and finds it suitable for the purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both rental watercraft and equipment (listed above) in a safe, dependable condition while in their custody.
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.
Damage to Equipment. The Undersigned shall return all of the boat equipment, in good working order and condition, at the end of the Rental Agreement and if any equipment has been lost, the Undersigned shall be financially responsible for all lost or damaged equipment, at replacement cost. The Undersigned allows the Rental Company to charge the Undersigned’s credit card for any damages and or loss of equipment (life jackets, bumpers, ropes, anchor, etc.)
Damage Deposit. A major credit card authorization (VISA, MasterCard, or AMEX) or CASH deposit in the amount of five hundred dollars ($500.00) shall be collected and retained by the Rental Company as partial compensation for failing to return said rental watercraft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken, or to be applied in addition to the base rental charges upon return of watercraft by the Undersigned.
Prohibited Activities. The following activities are not permitted on the watercraft. Violation of this provision will result in the immediate termination of this contract and forfeiture of all monies paid by the Undersigned, including the full amount due for the rental regardless how much time is remaining on the rental.
- Smoking and/or vaping inside the watercraft;
- Operating the watercraft while intoxicated;
- Operate the watercraft with more people on board than the boat is rented for;
- Allowing pets onto the watercraft;
Disposal of Trash. The Undersigned shall not throw trash or litter from the boat, into the water or otherwise, and acknowledges that they may be operating in environmentally sensitive areas. All trash or litter must be secured to keep it from accidentally failing into the water. All trash and litter shall be deposited in the appropriate trash bags on the watercraft.
Paying for Overtime. In the event the Undersigned wants to rent the watercraft longer than initially agreed upon, said Undersigned agrees to pay for overtime at a rate of $390.00 per hour for each hour until the watercraft and its equipment is returned.
Cancellation Policy. The Rental Company reserves the right to cancel this Rental Contract without prior notice due to inclement or impending bad weather. The decision to cancel any rental shall be at the sole and exclusive discretion of the Rental Company. In the event of cancellation due to inclement weather, the Rental Company shall not be liable for any damages, expense, or other loss claimed by the Undersigned. In the event the rental is cancelled by the Rental Company during the rental period, rental fees will be prorated based on time used. In the event that the Undersigned elects to return early for any reason, including but not limited to weather, illness, or any other reason(s) there will be no refunds for any unused portion of any rental.
By executing this Boat Rental Agreement, the Undersigned acknowledges and agrees that:
- The Undersigned has read and fully understood all the rules associated with the Use of the Watercraft and Equipment, Acknowledgement of Risk, and the Waiver and Release of Liabilities included in this Agreement and agrees to be bound thereby.
- The Undersigned shall not sell or assign this Agreement or sublet the watercraft equipment or any part thereof, and at all times during the rental period, the person listed as the Undersigned shall be present and able to supervise the use and operation of the boat equipment.
I certify that I have carefully read the Use of the Watercraft and Equipment, understand its contents and sign it with gull knowledge of its significance.
Date: ___________
Undersigned Information
Full Name: ______________________ Signature: _______________________