Waiver & Release of Liability Form
For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, Bolton Bay (“Boat Owner”) agrees to rent the Boat listed above to Renter (identified above) subject to all terms and conditions set forth below.
INSPECTION OF EQUIPMENT
Boat Owner certifies that the boat and motor are in good mechanical and physical condition. Any known damage or problems will be listed on this rental agreement. Renter will inspect the Boat prior to use and leases the same without any representations by Boat Owner. If Equipment has damage or problems not listed on this agreement, Renter must notify the Boat Owner before use of the boat begins and on the first day of rental.
DAMAGE TO EQUIPMENT
Renter acknowledges and understands that boat is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If rental Equipment is not left in suitable condition, Renter acknowledges and understands that Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that Boat Owner reserves the right to charge for any damages, repairs, replacement or special cleaning of any damaged or lost real or personal property. Renter acknowledges, understands, and agrees that by signing this Boat Rental Agreement/Contract, he/she is authorizing Boat Owner to charge Renter for any damages sustained. Such charges will be charged to the credit card on file for the rental.
RENTER WARRANTIES AND REPRESENTATIONS
Renter represents and warrants the following:
-- That he/she acknowledges all laws governing operation of the boat and that he/she will comply with the laws and regulations at all times.
-- That he/she is adequately familiar with the operation of the boat.
-- That he/she will operate the boat in a safe manner at all times.
-- That he/she understands the operation of the boat involves risks and that he/she assumes all liability associated with the operation of the boat.
There are many risks and dangers associated with boating and activities around and in the water. There are risks of collisions, falls, injuries to spine, arms and legs, pinching, drowning, and death that can arise from the negligence of others, your own negligence, weather conditions, acts of God, water conditions and your own experience and abilities.
For your own safety and the safety of your friends and family who may be participating in your rental activity it is important that you understand the risks and explain and manage them to every member of your party.
ACKNOWLEDGEMENT OF RISKS
I/We acknowledge that the following lists of hazards describe some but not all of the potential risks or injuries while boating.
Changing water depth, currents, wave height and direction, boat wake, changing weather, wind, lightning, motion sickness, collision with objects in water, other watercraft, docks & shore walls.
Injuries from falls, strain on joints, neck or spine from pounding of waves or collisions.
Injuries from capsizing, hypothermia, exposure to water and sun or falling in or from boat.
Risks can be reduced or influenced by operator’s condition, experience, tiredness, coordination, balance, disability, alcohol or drug impairment, focus and group size. If an operator at any time feels that conditions of the environment have become a hazard to the safe operation, they will return to port immediately.
ASSUMPTION OF RISK AND RESPONSIBILITY
I/We agree to assume responsibility for all risks including those listed and others not identified. My participation in the activity is voluntary. All participants in my party have been made aware of the risks and I will be responsible for them. I am not impaired by alcohol or drugs, and I do not have any disability or condition that may impair my safe operation of the watercraft. We elect to participate in the rental use in spite of the risks and potential dangers of operation on and around the water. We understand that at the total discretion of Bolton Bay this rental agreement can be terminated when and if there is a question as to the competency or condition of the operator or when weather conditions prevent the safe operation of the watercraft. I/We understand that any film, video, photo or image of me/us while operating the rental watercraft may be used for promotional or social media purposes.
RELEASE OF LIABILITY
In consideration for the services provided by Bolton Bay in the rental of a watercraft, I/We for myself and any minor children for which I am a parent or guardian and any guests that I may be entertaining, or any representative or heir agree that Bolton Bay shall have no liability for any injury, death, or damage however caused by operation of the watercraft, and I/We release and discharge Bolton Bay and its insurer for any damages or injuries however caused.
I/We have read the warnings, acknowledgement of risks, assumption of risks and release of liability. I understand that by signing this document I/We may be waiving our legal rights.
