2008 WATER CRAFT RENTAL CONTRACT
Between Emerald Cove Marina, Inc. (“Company”) and the renter of
the (“Watercraft”) described below.
Name: _________________________________________________________________
Address: _______________________________________________________________
City, State and Zip: _______________________________________________________
Confirmation #: _________________________
Rental
Rental Maximum Departure
Return
Items
Fee
Capacity
Date & Time
Date &Time
1.
RENTAL PAYMENT: All rent for the Watercraft must be paid in full 15 days
prior to the boarding date, as shown above.
2.
SECURITY DEPOSIT: The $_____________Security Deposit is a deposit against
any outstanding charges, including refueling, damaged propellers, lost or damaged items, late returns, excessively unclean
boats or damage resulting from negligent operation or activity on the boat during the rental period or against any liability
that renter may incur to the Company, including the loss of rental income. Damage
to or loss of the equipment or any of its contents can be well in excess of the Security Deposit held, up to and including
the replacement cost of the equipment.
The Security Deposit is held until the boat has been inspected. If there is no damage to the boat or its contents, the only expenses you incur are
fuel. After the boat has been processed, we will present you with a detailed
reservation recap.
3.
AGE RESTRICTIONS: The “Captain” must be at least 25 years
of age, hold a valid Driver’s License, and a valid Visa or MasterCard.
4.
FORM OF PAYMENT: Payment for deposits, rental and gas may be made by Cash,
Check, VISA or MasterCard. (Checks are not accepted on same day rentals.) Credit card payments are processed when received.
5.
GAS: Fuel charges are NOT included in the rental price. Only fuel purchased at the Marina may be used in Emerald Cove Marina boats. Boats leave the dock full of fuel. The renter pays for the
refueling at the end of the rental period.
6.
CANCELLATIONS: Cancellations or changes (7) days before the reservation
check-in date will be assessed a $50.00 re-booking/cancellation fee. At the time
we receive your full rental payment, your small boat reservation is confirmed. No-shows,
late arrivals, or early departures are not eligible for refund.
By signing this agreement, I acknowledge, agree and represent that I am familiar
with the safe operation of the watercraft rented (which can include ski boat, patio boat or fishing boat) (hereinafter referred
to as the “Watercraft”) and know all the Rules of the Road and all rules and practices applicable to the safe
operation of the Watercraft.
I acknowledge and agree that a copy of the ABC’s of Boating (or other
applicable state or federal boating safety guide) has been offered to me and I have had the opportunity to read and ask Company
questions about the information contained in this pamphlet.
I also acknowledge and agree that if I have also rented water skis, wakeboards,
knee boards, inner tubes or any other water play device (“hereinafter referred to as “Water Devices”), I
have had the opportunity to ask Company questions about said device.
Captain’s Initials ____________
I agree to comply with all federal, state and municipal laws and regulations
applicable to the use of the Watercraft subject to this agreement. If I operate
the Watercraft, I will operate said Watercraft in a careful and prudent manner. I
understand that the only person authorized to operate the Watercraft provided is a person who has signed this agreement, is
over eighteen years of age and is competent to operate such a Watercraft.
If I operate the Watercraft, I understand that I am not allowed to have anyone
else who has not signed this agreement operate the Watercraft. I agree to wear
a US Coast Guard approved personal floatation device (life jacket) while participating in the activity of riding any Watercraft,
and will also require all others aboard to wear a life jacket.
I understand that Company does not provide insurance to cover the risks of
property damage, personal injury and death that could occur while I am in, on, or around the Watercraft or Company’s
facilities or premises, or using the Water Devices rented for use with the Watercraft.
I understand and acknowledge that if I do not have insurance to cover such risks it is my duty to inquire whether such
insurance coverage is available and if I desire such coverage, obtain such coverage before I agree to board the Watercraft. I agree that any insurer who may provide coverage for me or others on the Watercraft
has no right of subrogation against Company.
Captain’s Initials ____________
If I am going to operate the Watercraft, I agree that operating Watercraft
under the influence of drugs and alcohol will result in forfeiture of the damage security deposit and confiscation of the
Watercraft and cancellation of this rental agreement. Intoxication will not be
tolerated on the Watercraft or on or around Company’s premises. If I am
going to operate the Watercraft, I agree that if I am arrested for driving under the influence of intoxicants, or allow anyone
else who has not signed this agreement to operate the Watercraft while under the influence, all security deposits will be
forfeited, plus any and all additional charges that may arise from said arrest or intoxication.
DO NOT DRINK AND DRIVE!
Captain’s Initials ____________
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY:
I agree to assume responsibility, even those risks arising out of negligence by Company, other passengers, riders,
and/or all participants on the Watercraft. My and our participation in the activity
is purely voluntary. I assume full responsibility for myself and all passengers
on the Watercraft, including any minor children, for any bodily injury, accident, illness, paralysis, death or loss of personal
property even if caused, in whole or in part, by the negligence or other fault of passengers, riders, guests and other passengers
on the Watercraft and even if caused, in whole or in part by the negligence or other fault of the Company, its officers, directors,
employees, agents, subsidiaries, legal representative and assigns (collectively the “Releasees”).
I agree to the foregoing because I understand that watercraft, water devices,
marinas and areas in and around watercraft and marinas can be hazardous to both property and persons. Such hazards include, but not limited to:
- Weather conditions that may
change quickly, including but not limited to wind, rain, snow, lightning and excessive heat and sun;
- Water conditions that may
change quickly, including waves, currents, boat wakes, whirlpools and cold water temperatures;
- Exposure or overexposure to
cold (Hypothermia) or heat;
- Damage, injury or death as
a result of contact with aquatic or land animals, fish, birds or reptiles, either on land or on water, including but not limited
to areas in and around Company’s premises or staging areas;
- Damage, injury or death as
result of traversing in or around Company’s premises or staging areas, including but not limited to docks, ladders,
equipment on the premises, mud, steep slopes, cliffs and rocks;
- Injury or death as a result
of ingesting fresh water or contaminated fresh water, drink or food;
- Personal injury, death or
property damage due to collision with motorized or non-motorized vessels, being hit with vessel equipment, while launching
and landing on shore whether on land or dock, collision with natural or manmade debris;
- Muscular or skeletal injury,
strain or damage due to physical exertion, especially, but not limited, to my head, wrists, arms, shoulders, legs and back;
- Lack of available life saving
devices or services, or immediate medical attention, in case of injury;
- Injury or death as a result
of lack of physical conditioning, existing diseases, conditions or ailments and my own acts or omissions, including my lack
of boating knowledge, experience or expertise;
- Injury or death as a result
of being entrapped in the Watercraft or falling out of the Watercraft.
- Injury or death as a result
of falling, capsizing, or being flipped or ejected into the water either intentionally or unintentionally, including while
exiting or entering the Watercraft;
- My own or other participants;
attempts to exceed my or their boating skills and/or using the Watercraft in a reckless manner;
- Failing to properly wear a
personal floatation device;
- Failing to understand basic
or other instructions provided by Company, its agents, guides or employees;
- Vehicular or pedestrian accident
while being transported to or walking to or from Company’s premises or staging area, including transportation to and
from the Watercraft or to and from the Company’s facilities and equipment; and
- Error, inattention or negligence
on the part of Company, its officers, agents, guides and employees, including inadequate instruction or assistance.
Captain’s Initials ____________
By signing this document I acknowledge that if anyone is hurt or property is
damaged while I am using the Watercraft, or during my presence on or use of the Watercraft or Company’s equipment, facilities,
premises or services, I may be found by a court of law to have waived my right to maintain a lawsuit against Company on the
basis of any claim, including subrogation, from which I have released it herein, including claims that the Company was solely
or partially negligent or otherwise at fault with respect to such damage, injury or death.
I acknowledge and agree that I have had sufficient opportunity to read this entire document. I have read and fully understood it and I agree to be bound by its terms.
I therefore agree, on behalf of myself, my heirs, representative, survivors
and assigns to release, hold harmless, and indemnify Company, it’s officers, directors, employees, agents, subsidiaries,
legal representatives and assigns (collectively the “Company”), from and against any and all liability for any
and all claims of any kind or nature whatsoever (including subrogation) arising out of or relating to my presence on or use
of the watercraft, Company’s vessels, equipment and/or premises, including without limitation any and all claims for
injury or death or damage to property, including claims arising out of or relating to death, injury or damage resulting in
solely or partially from the negligence or other fault of the Company.
Captain’s Initials ____________
I also hereby expressly agree that even if other provisions of this Agreement
are deemed invalid, void, unenforceable or inapplicable, and even if Company or it’s agents or employees are found to
solely or partially negligent or otherwise at fault, Company’s liability, including on claims of subrogation, for loss
or damage to any person(s) or the Watercraft arising out of or relating in any way to this Agreement shall be absolute with
a maximum limit of liability of no more than the amount paid to rent the Watercraft or $1,000.00, which ever is greater.
I also hereby agree that any dispute, claim or controversy arising
out of or relating to this Agreement must be settled by binding arbitration pursuant to the Rules and Procedure of the American
Arbitration Association (“AAA”) (or a different arbitration organization if Renter so chooses) then in effect
in Yuba County, California, the United States.
_____ _____ _____ _____ _____ _____ _____ _____ _____ ____
Initials of all on board
The parties also hereby waive their right to discovery (except as allowed under
AAA Rules or the other arbitration organization’s rules) a trial by jury and the right of appeal that would normally
apply to court proceedings and judgments. The substantive and evidentiary law
applicable to all controversies decided by Arbitration shall be the Federal Maritime Law and the Federal Rules of Evidence. This Agreement shall be enforceable and judgment upon any award rendered by any AAA
Arbitrator may be entered by a court having jurisdiction.
This constitutes the entire agreement and understanding between me and Company. I agree that this agreement is subject to and will be interpreted under the Federal
Maritime Law. This agreement supersedes or replaces all previous agreement, discussions
or understandings, whether oral or written between me under Company.
BY SIGNING THIS CONTRACT I KNOW I
AM GIVING UP SUBSTANTIAL LEGAL RIGHTS.
PLEASE DO NOT SIGN THIS CONTRACT IF
YOU DO NOT WANT TO ABIDE BY IT.
PARENTS OR GUARDIANS MUST SIGN FOR
MINORS OR INCOMPETENTS
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