PONTOON RENTAL, WAIVER AND RELEASE OF LIABILITY AGREEMENT


Premier Boat Tours LLC

PONTOON RENTAL, WAIVER, AND RELEASE OF LIABILITY AGREEMENT

 

Owner agrees to rent a 2023 Suncatcher SE Elite pontoon boat, NC Li c e n s e NC-1540 FA (the “Boat”) to Renter, upon the condition that Renter agrees to all terms and conditions set forth below, including the release of claims, and evidence that agreement with his/her signature in the space provided. This Agreement is applicable to all renters, operators, passengers, and users of the Boat. The term “Owner” includes all of the Owner’s employees, agents, representatives, servants, assigns, successors, and insurers.

 

READ THE FOLLOWING SECTIONS CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE T H E B O A T O W N E R FROM ALL KNOWN AND UNKNOWN LIABILITIES AND TO INDEMNIFY THE BOAT OWNER AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BOAT EVEN FOR CLAIMS THAT ARISE OUT OF THE NEGLIGENCE OR FAULT OF OWNER.

I. WAIVER/RELEASE OF LIABILITY

By the execution of this Agreement, the undersigned agrees that the Owner shall not be liable for any damages arising from personal injuries sustained by the undersigned or any 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 the Boat. The undersigned assumes full responsibility for any such injuries or damages which may occur and further agrees that the Owner shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that the Owner shall not be responsible for such injuries, damages, loss, or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY O w n e r, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release do not apply to gross negligence or intentional torts by the Owner. Initials of Renter/Operator:

II. EXPRESS ASSUMPTION OF RISK

The undersigned hereby agrees that he/she is renting, operating, or using the Boat 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 Boat, and assumes all risks of injury, illness, damage, or loss that might result, even if the risks arise out of the negligence or fault of Owner. Initials of Renter/Operator:

III. LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless Owner 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 the Boat, even if such damages arise out of the negligence or fault of Owner. Initials of Renter/Operator:

 

Additional Terms and Conditions

1. Acceptable Use. The renter agrees and acknowledges that he/she will be the sole operator of the Boat, and will use the Boat in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Owner, and any applicable laws or regulations of the state of North Carolina. Renter shall be responsible at all times for the safety of any and all passengers in and around the Boat.

 

2. Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the Boat: There is no smoking while in the Boat. There are no drugs permitted in the Boat. There are no pets permitted in the Boat.

 

3. Life Jacket Requirement. A life jacket must be worn at all times by all people during the use of the Boat.

 

4. Unsafe Use. If at any time Owner determines that Renter has engaged in unsafe or hazardous use of the Boat, the Owner may immediately terminate the rental portion of this Agreement. If the rental is terminated for unsafe or hazardous use the Renter will not be refunded his/her rental fee. The owner shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”

 

5. Condition of Boat upon Return. The Renter shall return the Boat to the Owner on or before the termination date and at the specified location clean and free of garbage and debris, in the same condition in which the boat was rented, including all parts, and accessories, ordinary wear and tear excepted.

 

 

 

 

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Signed by Loren Townes
Signed On: July 6, 2023


Signature Certificate
Document name: PONTOON RENTAL, WAIVER AND RELEASE OF LIABILITY AGREEMENT
lock iconUnique Document ID: 69813168d0950ac14d199624e5f8f5add1b3f584
Timestamp Audit
July 6, 2023 10:11 am EDTPONTOON RENTAL, WAIVER AND RELEASE OF LIABILITY AGREEMENT Uploaded by Loren Townes - info@lorendion.com IP 107.214.64.185