Total Package - Stingray Center Console Fishing & Watersports

YOU ARE HEREBY NOTIFIED THAT THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO BINDING ARBITRATION UNDER THE LAWS OF THE STATE THIS AGREEMENT IS ENTERED INTO, AND TO THE EXTENT INAPPLICABLE, TO THE PROVISIONS OF FEDERAL ARBITRATION ACT “FAA” AS CODIFIED IN THE UNITED STATES CODE, 28 U.S.C., SECTION 1 ARTICLE 9. STATE OF SOUTH CAROLINA ) WATERCRAFT RENTAL AGREEMENT ) ACKNOWLEDGMENT, RELEASE, COUNTY OF YORK ) INDEMNITY AND HOLD HARMLESS READ THE FOLLOWING SECTIONS CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE COMPANY FROM ALL CLAIMS AT LAW OR EQUITY AND TO INDEMNIFY COMPANY TO THE FULLEST EXTENT POSSIBLE UNDER LAW AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE AND/OR MISUSE OF THE WATERCRAFT. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS INCLUDING RIGHT TO TRIAL BY JURY. THIS WATERCRAFT RENTAL AGREEMENT is entered into the date signed below by the parties and is entered into by between [Wet and Wise Adventures, Inc.] (“Owner / Lessee / and or / Company”) and You as (“Lessor / Renter / Customer”). Pursuant to the terms and conditions of this agreement, Lessor agrees to rent and Customer / Renter agrees to accept services, training, materials, consumables, products and equipment on the terms and conditions set forth below: TERMS AND CONDITIONS OF RENTAL 1. Acknowledgement and Renter Representations and Warranties: Renter acknowledges that Renter has been instructed by Company and made familiar with the proper use and operation of the watercraft; that Renter is at least 25 years of age, as confirmed by government issued identification; and that Renter has not consumed any form of substance, intoxicating or otherwise, in the last twelve (12) hours prior to renting that would impair or impede Renter’s judgment and physical ability to properly operate the watercraft. Renter further warrants and agrees to engage in only lawful and proper use of the watercraft as instructed by Company pursuant to paragraph (8) below. 2. Rental Agreement and Terms: For and in exchange of agreed upon rental price (specified based on booking selection), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company agrees to rent to Customer a designated watercraft for requested duration on the terms and conditions set forth herein. Renter agrees to deposit as security the sum of $500 which will be refunded to Renter, less charges pursuant to paragraph (13) below, for Renter’s good faith observance of the terms of this agreement, use of the watercraft, and the safe return of same to the company without any physical or mechanical damage. 3. No Use of Cell Phones during driving or navigation. Renter agrees that it will not while actively operating the equipment engage in distracted operation or driving, including, but not limited to, photography, video, navigation, or use of cellular devices while actively driving the watercraft that is rented. Company requests that the renter use such devices only when safely moored or parked, and not while driving navigating the watercraft. EXPRESS RELEASE OF LIABILITY AND WAIVER OF CLAIMS BY RENTER 4. Release and Waiver of Claims. For an in exchange for the instruction, fee, rental, use and enjoyment of the watercraft, Renter/Customer does hereby remise, release, and forever discharge Wet and Wise Adventures, Inc. (the “Company”) and the Company’s agents, owners, principals, shareholders, servants, successors, heirs, executors, administrators and personal representatives, 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, of renter and/or 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 and specifically out of the use (misuse, or abuse) of the watercraft, in any way arising out of the rental relationship between Renter and Company. 5. Waiver of Warranties and Remedies of Renter: Renter acknowledges that Company expressly disclaims any and all warranties, express or implied, concerning the watercraft’s condition and use, including any and all express or implied warranties of fitness or fitness for a particular purpose, specifically, and that Renter’s sole remedy in any action brought against Company under any and all warranty claims would be for a refund of the rental fee and deposit paid to Company for use of the watercraft. 6. Indemnification and Hold Harmless: Renter hereby expressly agrees to indemnify and hold harmless Company, Company’s owners, shareholders, principals, officers, agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the watercraft for any injury or property damage caused Renter or to a third party during the Renter’s use of the watercraft. Should the watercraft be damaged in any way through Renter’s use of the watercraft, Renter agrees to be responsible for the costs of repair of the watercraft. EXPRESS ASSUMPTION OF THE RISK FOR MISUSE AND ULTRAHAZARDOUS ACTIVITIES CREATED BY RENTER USE OF WATERCRAFT 7. Express Assumption of Risk and Acknowledgement of Conduct considered Ultrahazardous: Renter acknowledges that the misuse of the watercraft includes certain inherent dangers, including the risk of bodily injury, death, or injury to third parties. Renter assumes and accepts all risks associated with the use of the watercraft and agrees to hold harmless Company from any and all causes of action arising out of the use or misuse of the watercraft. Renter further acknowledges that misuse of the watercraft through horseplay, disregard of warnings or instruction, failing to follow governmental navigation devices or markers, or utilizing the watercraft for any purpose other than recreational use, is an ultrahazardous activity. Renter expressly assumes and accepts all risks associated with misuse of the watercraft and agrees to hold Company harmless from any and all causes of action arising out of renter’s misuse of the watercraft. 8. Acceptable Use. Renter agrees and acknowledges that he/she will be the sole operator of the watercraft, and Renter agrees to operate the same in a manner that is reasonable and prudent in the circumstances then and there existing. Renter will not permit any person not a party to this rental agreement to operate or ride on the watercraft, and that Renter will use the watercraft in a careful, safe, reasonable, prudent and conscientious manner. Rental shall at all times observe and adhere to any rules and guidelines posted by Company, and any applicable laws or regulations. HORSEPLY AND/OR RECKLESS OPERATION PROHIBITED 9. Prohibited Activities Rental shall not violate any of the following rules and regulations during his/her operation of the Craft. (RENTER TO INITIAL EACH) a. NO ADDITIONAL PASSENGERS are permitted on the Craft unless expressly permitted by Company in writing prior to use. b. ABSOLUTELY NO ALCOHOLIC BEVERAGES are permitted to be consumed by the driver of the watercraft prior to or during the Renter’s use of the watercraft. Renter acknowledges that the driver has not used illicit drugs or alcohol prior to entering into this agreement and/or operating the watercraft for the last twelve (12) hours prior to entry into this agreement. c. NO PETS are permitted on the watercraft at any time. d. NO SWIMMING is permitted by Driver/Renter while watercraft is running. Boat must be turned off and anchored when driver and/or passengers are in the water. e. NO BEACHING of the watercraft is permitted at any place other than areas designated by Company. Should the renter beach the craft in any location or manner that results in scratches, denting, or puncture of the craft renter agrees unconditionally repair to the fullest extent possibly any damages caused by beaching the craft. f. NO DOCKING. There is no docking of the watercraft at any location or to any other vehicle or boat other than the Company’s designated docking area, equipment, and/or facilities. g. NO CELL PHONES. Renter has provided cellular number as part of initial booking request for communication between the parties and agrees to not utilize a cellular telephone or other similar device during active navigational driving of the watercraft. This provision shall not apply use when the watercraft is parked or moored properly or safely. 10. Termination of Rental for Unsafe Operation. If at any time Company determines that the Renter has engaged in an unsafe, careless, reckless, indifferent, or ultra hazardous use of the Craft, or has engaged in any activity under paragraph (8) above, Company may immediately terminate the rental, demand tender of the watercraft, and take possession of the Watercraft through all lawful means. Upon notification of termination, Renter must return the Craft to the designated area immediately. If the rental is terminated for unsafe, hazardous or reckless use, renter will not be refunded his/her security deposit. Company shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous” if renter is reported, including, without limitation, any citation by law enforcement involving operation of the watercraft. Renter agrees that should Company be forced to seek the assistance of law enforcement to procure repossession of the watercraft that Renter may be subjected to criminal and/or civil liability for failure to return watercraft pursuant to this paragraph. 11. Inclement Weather: Should sudden weather conditions become severe and/or adverse during the term of the Rental, Company may, at Company’s option, suspend Renter’s use of the watercraft and refund a pro-rated amount of the rental or permit substituted use of the watercraft on another date and time, or when reasonable weather conditions resume. Renter agrees to cease use of the watercraft in any inclement weather condition such as use during a thunderstorm or high wind conditions and agrees to immediately return Watercraft to Company. 12. Condition of Watercraft upon Return. The Renter shall return the Craft to the designated docking area clean, free of garbage and debris, and in the same condition as it was when given to Renter. Renter shall be responsible for any damage caused to the Craft during the rental period. Renter shall also be responsible for costs associated with any cleaning needed due to stains caused during rental period. Company shall retain any portion (or all) of Renter’s security deposit as necessary to cover repairs for such damages or dirty condition of the boat. To the extent that damages to the Craft exceed the amount of the security deposit, Renter shall be responsible for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees which may be incurred for collection. Should Company be forced to seek the assistance of an attorney, Renter agrees to pay Company’s attorneys’ fees and costs. 13. Fuel Gauge / Fuel Replenishment. Each rental period will begin with a full tank of gas. The Renter shall be responsible for paying for the gas used during their rental period, which will be determined after return of the watercraft and refueling by the Company. 14. Please note that any children on the boat must have life vests on at all times. We provide life jackets in the following sizes: 1 Infant (less than 30 lbs), 2 Child (30 – 50 lbs) and 2 Youth (50 – 90 lbs). If Renter's group has needs beyond this, Renter acknowledges it is his/her responsibility to ensure additional vests are provided. 15. Binding Arbitration. As consideration and inducement for both parties to enter in this agreement, both parties hereby waive to the fullest extent permissible under law the right to a trial by jury, and both parties agree and stipulate to binding arbitration pursuant to state or federal laws where the inception and execution of this agreement occurs. THIS IS NOTICE TO BOTH PARTIES – LESSOR ___ AND RENTER ____ THAT THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY AS SET FORTH IN THE PREABLE AND VERY FIRST PARAGRAPH OF THIS CONTRACT. IF THE PARTIES CANNOT AGREE UPON BINDING ARBITRATOR BY CONSENT A COURT OF COMPETENT JURISDICTION SHALL ORDER THE ARBITRATOR UPON WHOM ANY DISPUTE BETWEEN THE PARTIES SHALL BE HEARD AND ADJUDICATED. 16. Late Return / Holding Over: If Renter is late picking up or returning the Craft to the designated docking area by more than 15 minutes after the scheduled booking times without expressed agreement with the Company, Renter shall be charged $50 for the per 15 minutes until returned to the possession of the company. If customer is late for picking up the boat by more than 30 minutes without expressed agreement by the Company, booking may be cancelled and renter will not receive any refund. 17. Cancellation Policy: Renter may cancel booking prior to 1 week of the booking start time. If cancelling within less than 1 week from booking, Renter shall not be entitled to any refund. There is no refund for any Holiday bookings. If inclement weather, booking must be rescheduled. Renter has read and understands all of the terms, conditions and rules set forth above, and agrees to all terms without reservation and voluntarily enters into this agreement as his/her/their voluntary act for the purposes above stated.