25ft Odyssey Pontoon Rental on Lake Martin

RENTAL AGREEMENT WILL BE SENT SHORTLY AFTER BOOKINGS ARE MADE.  YOU WILL NEED THIS AGREEMENT IN THE EVENT YOU GET STOPPED BY WATER PATROL.  BY BOOKING THROUGH THIS APP YOU ARE AGREEING TO THE TERMS HEREIN.  BOAT RENTAL AGREEMENT, RELEASE OF LIABILITY, AND HOLD HARMLESS AGREEMENT RENTER LIABILITY: Renter is responsible for any damage to the Boat. In the case of total loss due to negligence (such as sinking), Renter agrees to pay the deductible as well as any difference between the actual cost of the Boat, including improvements and equipment and any money received from the insurance payment. Renter also agrees to return the boat with a full tank of gas and will be delivered the boat with a full tank of gas. Fuel charges will be assessed if not returned full. PERMISSIBLE OPERATING TIMES: The Boat is to be securely docked between the time periods of dusk and dawn and as noted below. Failure to abide by this rule will result in termination of the remaining rental period and all payments and deposits will be forfeited. Boat during this non-travel time is to be safely tied to Renter’s dock, without exception. This rule is absolute; there will be no tolerance regarding enforcement. 1. 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. 2. Damage to Equipment: Renter acknowledges and understands that Boat is to be left in clean, undamaged condition, in the same condition as 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 damages, repairs, replacements, or special cleaning of any damaged or lost real or personal property. Renter acknowledges, understands, and agrees that by signing this Boat Rental Agreement, he/she is authorizing the Boat Owner to charge Renter for any damages sustained. Such charges will be charged to the credit card on file for the rental and additional money will be due to Boat Owner should damages exceed the credit card limit on file. 3. Prohibited Activities: The following activities are not permitted on the Boat. Violation of this provision will result in termination of this Agreement and forfeiture of all monies paid by the Renter, including the full amount due for the rental regardless of how much time is remaining on the rental: a. Smoking; b. Cooking on any appliance on the Boat; c. Operating the Boat while intoxicated or while under influence of any illegal substance; d. Operating the Boat with more people on board than the Boat is rated for (Renter acknowledges the Boat is rated for 16 people); e. Allowing pets on board without express written permission to be noted here_______. (requires additional deposit) f. Allowing more people on the Boat than what the Boat is rated for (16 people max). 4. Renter Warranties and Representations: Renter warrants and represents the following: a. That he/she acknowledges all laws, regulations, and prohibited Activities described above governing operation of the Boat and that he/she will comply with the laws, regulations, and Prohibited Activities at all times; b. That he/she is allowed to operate a boat in Alabama (i.e., has an Alabama boat license); c. That he/she is adequately familiar with the operation of the Boat; d. That he/she will operate the Boat in a safe manner at all times; e. 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. 5. Release and Waiver of Claims: Renter does hereby remise, release, and forever discharge Boat Owner, Boat Owner’s agents, servants, successors, and assigns, of and from all, and all manner of actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause or thing whatsoever arising out of this Agreement, out of the use (misuse or abuse) of the Boat, or in any way arising out of the rental relationship between Renter and Boat Owner. 6. Indemnification: Renter hereby expressly agrees to indemnify and hold harmless Boat Owner, Boat Owner’s agents, servants, successors and assigns against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse, or abuse of the Boat. 7. Life Jackets: Any person under the age of 12 must wear a life jacket at all times while on the boat. All children must wear life jackets while swimming from the Boat. 8. Governing Law; Venue: This Agreement is governed, construed, and administered according to the laws of the State of Alabama, as from time to time amended, and any applicable federal law. No effect is given to any choice of law or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction) that would cause the application or the law of any jurisdiction other than those of the State of Alabama. The parties agree that venue for any litigation between the parties shall be in Jefferson County, Alabama. 9. Entire Agreement: This Agreement constitutes the sole and entire agreement of the parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the subject matter. As between or among the parties, oral statements or prior written material not specifically incorporated in this Agreement have no force or effect. The parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.