Owners: Larry and Marcela Cossio, PO Box 1304 Fountain Inn, SC 29644

Renter's Information

Renter's Name:

Address:

Email:

Phone:

Item Rented

Vessel: 2011 20 ft Bentley Pontoon with Mercury 60 hp motor

Start Date: , 2017 Start Time: End Date: , 2017 End Time:

RESPONSIBILITY:

Owner is not responsible for loss of running time due to weather, late arrivals, illness, accidents or mechanical failure. Renter shall not use the boat in a careless or negligent manner; in an unlawful manner or for an unlawful purpose, or allow any person under the influence of alcohol or a controlled substance to operate the boat. Furthermore, Renter shall at all times exercise caution for safety of the occupants in the Boat and shall abide by all applicable federal, state, and local laws and regulations relating to the use of the Boat. The Renter is responsible for educating themselves and their drivers as to any and all laws and regulations that apply to the operation and use of the Boat and rental equipment. Renter acknowledges that Operator rents the Boat and equipment only and does not provide consulting, advice, expertise, or opinions as to the proper control and operation of the Boat or compliance with the applicable laws or regulations

Security deposit paid on signing of this agreement
Rate ( day(s) at per day)
SC Sales and Use Tax
Total Amount Due

SAFE OPERATION:

Renter acknowledges he/they have been instructed in the proper and safe operation of the boat by behavior of all occupants, and for the safety and welfare of other boaters and persons. Renter Operator. Renter acknowledges responsibility for the safe and proper acknowledgement that Operator rents the Boat and equipment only and does not provide consulting, advice, expertise, or opinions as to the proper control and operation of the Boat or compliance with the applicable laws or regulations. Renter agrees not to permit the use of the rental craft while under the influence of liquor and/or narcotics. Renter will not permit the use of the rental craft by any other person not on the signatory of the agreement, or not equally qualified. Additional qualified operators will be permitted with written approval.

OPERATION AREA:

Renter will only use the boat on Lake Hartwell and will not be used at any other location.

PICKUP AND RETURN LOCATION:

Operator will pick up and return boat to the same location at the times listed above.

QUALIFICATION:

Renter warrants that he/she nor any person in Renter’s party that might operate the vessel is currently under suspension or revocation of any boating/driving operation privilege in South Carolina or in the Renter’s home state

REFUSAL:

Owner reserves the right to refuse rental to anyone who may possibly demonstrate an inability to adhere to this Agreement for any reason.

AGE:

Renter warrants and represents that he is at least 25 years old and all operators are at least 25 years old.

FUEL:

Fuel is not included in the rental rate. Renter will be charged for the amount of fuel used. Each boat starts with a full tank of fuel.

DAMAGES:

Renter shall immediately notify Owner of any mechanical or structural issue, of any accident or grounding, or of any damage to the Boat. In the event the Boat must be towed or requires some similar service including a jump start, fuel drop, or ungrounding, the Renter shall notify Operator for further instruction as soon as is reasonably possible. Renter is responsible for any and all expenses due to damages or groundings, or other incidental actions. DO NOT ATTEMPT TO MAKE EVEN THE SMALLEST REPAIR TO THE BOAT OR ENGINE. If Operator suspects possible damage Renter acknowledges that an additional charge will be placed on Renters credit card in addition to the initial damage deposit.

DAMAGES DEPOSIT:

A credit or debit card is required for each reservation, and all costs for damage repair or extra services will be charged to the card on file including lost revenue due to damage caused by Renter. An initial hold in the amount of $500 plus estimate of final costs will be placed on the card before departure; it will be released upon satisfactory inspection of the vessel after return minus fuel costs as outlined above.

ACKNOWLEDGMENT OF RISKS:

Renter acknowledges that some, but not all of the risks of participating in water sport activities include: 1) Changing water flow, tides, currents, wave action, and ships wakes; 2) collisions with other objects, including but not limited to, other participants, other watercraft, and other manmade or natural objects in or around the water; 3) collision, capsizing, sinking or other hazards which results in wetness, injury, exposure to the elements, hypothermia, drowning and/or death; 4) attack by an encounter with insects. 5) Boat malfunction or equipment failure or operator error; 6) dangers created by the Renter’s sense of balance, physical coordination, ability to operate equipment, swimming and/or failure to following applicable rules or directions; 7) wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature; 8) heat or sun related injuries of illnesses, including sunburn, sunstroke or dehydration. Further, the undersigned understands that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

ASSUMPTION OF RISKS:

Renter hereby agrees that he/she is renting, operating or using the Boat and related equipment provided by Operator at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to rental operation, or use of the rental Boat and equipment. The undersigned is fully aware of and assumes the dangers associated with the use and operation of the Boat and equipment including but not limited to: sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts wounds; scrapes; abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack, shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk of injury, illness, damage or loss that might result regardless of the cause.

WAIVER/RELEASE OF LIABILITY:

By the execution of this release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless the Owner, owner's employees, agents, members, and contractors from any and all liability of any nature arising from any and all activities related to the rental, operation, or use of the Boat and equipment provided by Operator regardless of the cause. The undersigned assumes full responsibility for any such injuries, or damages which may occur, and further agrees that Operator shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Operator shall not be responsible for such injuries, damages loss or theft, even in the event of negligence or fault by Operator.

ATTORNEY FEES:

Renter shall pay Operator all of Operator's costs and expenses, including without limitation, reasonable attorney's fees, incurred in collecting amounts due from Renter or in enforcing any rights of Operator arising under this Agreement.

ASSIGNMENTS:

Renter may not assign this Agreement or any of Renter’s rights under this Agreement without the prior written consent of Operator. Renter may not sublease the Boat without the prior written consent of Operator.

MISCELLANEOUS:

This Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto, shall be exclusively governed by and construed in accordance with the laws of the state of South Carolina (without regard to any law of such state which would require the application of the law of any other state or jurisdiction. Venue for any dispute under this Agreement shall exclusively be in the state courts of competent jurisdiction. If any provision of this Agreement is held to be illegal invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.

MERGER MODIFICATIONS:

The Parties acknowledge that this Agreement contains the entire understanding between the Parties, and that there are no representations, warranties, promises, covenants, or undertakings other than those expressly set forth herein, and that this Agreement may not be modified, except in writing signed by all Parties to this Agreement. YOU HAVE READ THIS AGREEMENT. Renter acknowledges that he has read this entire Agreement; that the Renter fully understands all terms and conditions of the Agreement. THIS IS A RELEASE OF LIABLITY. DO NOT SIGN OR INTIAL THIS RELEASE IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS. I have read this Release of Liability and Assumption of Risk Agreement. I fully understand its terms. I understand that I have given up substantial rights by signing this agreement and sign it freely and voluntarily without any inducement or coercion. All provisions of this agreement shall be reviewed fully again as part of check-in on the day of reservation.

COPY OF AGREEMENT:

Renter acknowledges receipt of copy of this Rental and Release Agreement.

ACKNOWLEDGMENT OF WAIVER RELEASE:

The undersigned states that he/she has had sufficient time to review this Rental and Release Agreement and has had the opportunity to ask any questions he/she may have with regard to the terms of this Rental and Release Agreement. The undersigned further states that he/she has carefully read the foregoing Agreement, knows the contents thereof, and has signed this Agreement as his/her own free act. The undersigned warrants that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from owner with the knowledge that signing this Agreement is a requirement for rental, operation and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against the owner arising from the use, rental, or operation of the Boat and rental equipment.

CONDITION OF BOAT:

Renter hereby acknowledges that Renter has been given an opportunity to inspect the Boat and the rental equipment prior to signing this Rental and Release Agreement and that as of the date of signing this Agreement the Boat and rental equipment are in a safe and proper running condition (“Proper Condition”). Renter further acknowledges that Renter shall return the Boat and equipment in the same Proper Condition, less normal wear and tear. If the Boat is not returned in the same Proper Condition, normal wear and tear excepted, Renter shall be responsible for any and all costs associated with returning the Boat to the Proper Condition including lost revenue while repairs are being made.