Terms and Conditions of this rental agreement between LESSEE (including those in his/her party) and Patty's Watersports Boutique/Boat by George, (LESSOR), are stated as follows:
- Each SUP Board rental includes paddle, life-vest and board leash.
- LESSOR's ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR'S control.
- Early returns of rental craft by LESSEE will not result in a refund. Inclement wealher does not constitute a refund.
- A Security Deposit of $500.00 will be held for each SUP Board rented. This deposit will be refunded in full when the SUP Board is returned on time and in the same condition. Prior damage to SUP Board should be noted at time of rental. LESSOR retains the right to charge LESSEE for additional damages incurred by Lessee which is not covered by the deposit.
- Late Returns - LESSEE forfeits the security deposit in addition "Late Fees" will be charged at the rate of $50.00 per hour for each rental craft exceeding the agreed upon return time.
- The LESSEE acknowledges he/she has carefully examined the craft and accessory equipment and finds it suitable for the purpose for which it is leased; that he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody.
- LESSEE agrees not to use, nor permit the use:
a. Of the rental craft for any unlawful purpose;
b. Of the rental craft in a careless or negligent manner:
c. Of the rental craft while under the influence of alcohol and/or controlled substances.
- LESSEE is of legal age (18 or older) and his/her signature represents compliance of all persons included in the rental party under this agreement. All minor children under the age of 18 must be accompanied by parent or legal guardian.
- All riders agree to wear life vest provided with the rental craft, and there is to be only one rider at a time on the board. No pets allowed on board!
- It is agreed and underst0od by LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE further agrees to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE's personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft, or any other cause whatsoever.
- LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this Rental Agreement by LESSOR, including expenses incurred in collection or attempting to collect late fees, retrieval fees, and/or damages and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof.
- The rules and regulations contained herein and as posted in the office, on the craft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understand said rules and regulations, and further assumes the responsibility to see that his/her party will obey the rules.
CAR-TOPPING DISCLAIMER AND AGREEMENT
- I fully understand that there are certain dangers involved in the use of a SUP Board that are beyond the control of Patty's Watersport Boutique/ Boats by George and its employees, which may result in accident, injury, death or property damage either to myself or other persons. Such dangers include, but at not limited to, the possibility of capsizing which could result in drowning, the possibility of striking oyster beds or other object which may damage or rupture the board and the possibility of being exposed to the hazards of water level or weather changes (including rain, lightening, fog, high winds and rough water).
- I acknowledge that I am familiar with the operation of a SUP Board and that I have been encouraged to wear a life vest at all times while using it.
- I do not have any physical condition which would endanger my health by engaging in this activity.
- I acknowledge that the SUP Board has been rented for my use only, and I have no authority to permit other persons to use it.
- I understand that it is my responsibility to ensure the safe and proper loading of my rental SUP Board on my vehicle.
- I acknowledge that improper loading and attachment of my rental SUP Board may result in damage to my vehicle, vehicles around me, and the rental items themselves.
- I release Patty"s Watersports Boutique/Boats by George staff from all liability for any assistance provided in loading or securing rental equipment.
Boats by George
RELEASE Of LIABILITY, WAIVER OF CLAIMS
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
By signing this document you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY
AWARENESS AND ASSUMPTION OF RISK
I am aware that the participation of me and/or my minor children in STAND UP PADDLE BOARDING events (the "Events") held by Boats by George (BBG) on the water, involves the inherent risks including risk of personal injury, death, property damage, expense and related loss, including loss of income. Included in these risks are negligence on the parts of BBG, its directors, officers, officials and volunteers, other participants and owners of the facilities where the activities occur (referred to in the rest of this agreement as "BBG and Others". I freely accept and fully assume on my own behalf and and on behalf of my minor children, all such risks and the possibility of personal injury, death, property damage, expense and related loss, including loss of income, which may result from the activities conducted at the Events.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Boats by George inviting me and my minor children to participate in the Events, I agree on behalf of myself and my minor children:
To waive any and all claims that we may have in future against Boats by George and Others.
To release Boats by George and Others from any and all liability for any personal injury, death, property damage, ,expense and related loss, including loss of income that we or our next of kin may suffer as a results of our participation in this activity, due to any cause whatsoever, including negligence, breach of contract or breach of any statutory duty of care.
To hold harmless and indemnify Boats by George and Others from any and all liability for any damage to property of, or personal injury to, any third party, resulting from my participation in this activity.
I understand that I and my minor children have been advised of the requirements to wear the following safety equipment while stand up paddle boarding on the water:
All clients must wear life jackets.
I acknowledge and agree that this agreement is binding on not only myself and my minor children but also my next of kin, heirs, administrators, and assigns.
I HAVE READ THIS AGREEMENT AND UNDERSTAND IT. I AM AWARE THAT BY SIGNING THIS DOCUMENT I AM WAIVING CERTAIN RIGHTS WHICH I, MY MINOR CHILD(REN) AND/OR MY NEXT OF KIN, HEIR, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST BOATS BY GEORGE AND OTHERS.