RENTAL AGREEMENT Falls Lake Boat Rentals LLC 4808 Eagleroost Court Wake Forest, NC 27587 919-453-3037 fallsboatrentals@gmail.com
Rental Date:
Rental Boat Type: Pontoon BoatBow Rider
Renter’s Name:
Renter’s Date of Birth:
Renter’s Drivers License Number:
Renter’s Drivers License State:
Renter’s Drivers License Expiration Date:
Renter’s NC boaters safety course # (If Applicable):
Address:
City:
State:
Postal Code:
Phone Primary:
Phone Secondary (If Applicable):
Email Address:
Alternate Contact Name (If Applicable):
Alternate Contact Phone (If Applicable):
NORTH CAROLINA RENTAL AGREEMENT: Falls Lake Boat Rentals LLC
VERY IMPORTANT BOOKING AND SECURITY DEPOSIT INFORMATION BELOW, PLEASE READ!
Please remember to bring a physical CREDIT or DEBIT CARD with you and a valid picture ID that matches the name on the credit or debit card you will be using for your security deposit. If you are using the original card that you paid for your reservation with, we still need you to bring the physical card with you as well as your matching picture ID. Security deposit is as follows and will be collected at the time of check-in :
$450 security deposit / Pontoon Boat $300 security deposit / Bow Rider
PLEASE NOTE THE SECURITY DEPOSIT IS A MINIMUM CHARGE IN THE EVENT OF DAMAGE, YOUR LIABILITY CAN EXCEED $20,000 US TO COVER THE EXTENT OF DAMAGE. YOUR ARE FULLY RESPONSIBLE FOR ALL REPAIRS AND COSTS ASSOCIATED WITH YOUR RENTAL.
Renter’s Initials Accepting Security Deposit Requirement:
Prior to arrival at our location, please be sure everyone in your party is accounted for on the waiver. Each adult (18 years and older) will sign the waiver on their own. Minors (17 years and younger) should be included in the waiver belonging to the adult who is responsible for them. Signatures from the renter are captured electronically, other adult (Age 18 and older) participants will sign the waiver in person.
Renter’s Initials Accepting Waiver Policy:
Any operator or renter that was born after January 1st, 1988 will need to have completed a NASBLA approved boating education course or provide their own boaters license. Falls Lake Boat Rentals LLC does not provide this course. It is the complete responsibility of the renter to ensure that this training course is completed and can provide evidence of its completion if required by the North Carolina Wildlife Commission or other regulatory authority. Please also ensure all drivers of our vessels bring their ID’s, if they do not have this with them, they are NOT permitted to drive.
Renter’s Initials Accepting Boating Education Course Requirements:
REFUELING:
When you rent a boat with Falls Lake Boat Rentals LLC, you acknowledge that you have the option to prepay for gas or fill it up on your own. If you do not return the vessel with a full tank of gas or cannot display a record of your gas purchase via receipt, you will be subject to a gas surcharge equal to the prepay amount for the length of your trip. The rental vessels require regular unleaded gasoline, failure to refuel with the correct type of gas may lead to damage to the vessel at the responsibility of the renter.
Prepay Gas Options:
$75 / Pontoon Boat $50 / Bow Rider
Renter’s Initials Accepting Refueling Policy:
CANCELATION:
Cancellation must be requested within 7 days of the booking date. Any cancellation requests made within 7 days of your chosen reservation date will not be refunded but will be issued as a credit to use within 3 months of booking, not including holidays and holiday weekends. Any use of our equipment past your scheduled time will be charged accordingly. If canceled due to poor weather (without the purchase of weather insurance), renter will be given a non-refundable credit that may be used within six months of the booking. Any use of our equipment past your scheduled time will be charged accordingly.
Please remember that if you need to cancel or reschedule your activity for any reason, you can call 919-453-3037 or email fallsboatrentals@gmail.com. Please check-in at designated area.
Renter’s Initials Accepting Cancelation Policy:
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
I. DISCLAIMER—CAUTION!! READ BEFORE SIGNING
A. This Rental Agreement: Waiver and Release of Liability, Assumption of Risk, and Indemnity (“Rental Agreement”) is applicable to all renters, operators, passengers, supervisors, and users of equipment provided by Rental Company (Falls Lake Boat Rentals LLC).
*(For purposes of this Rental Agreement, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Falls Lake Boat Rentals LLC).
The undersigned agrees that he/she is also signing this Rental Agreement on behalf of any minor children for whom he/she is the parent, guardian, or otherwise responsible for care, custody or control. Renter agrees that he/she will disclose to Rental Company (Falls Lake Boat Rentals LLC) all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault (excluding conduct worse than negligence such as gross negligence) of Rental Company (Falls Lake Boat Rentals LLC).
B. You read, understand and agree to comply with North Carolina General Statutes 75A-16.2 (and, if this Rental Agreement concerns a personal watercraft, you have also reviewed 75A-13.3) and warrant that you and the undersigned persons are at least of the age and have the boating safety education required by law to operate the rented vessel.
C. You must possess at all times and, upon request of Rental Company (Falls Lake Boat Rentals LLC) and/or a law enforcement officer present a copy of this Agreement, proof of age and compliance with North Carolina General Statutes 75A-16.2 (and, if this Rental Agreement concerns a personal watercraft, compliance with 75A-13.3). You must always comply with all state and federal laws during this rental.
D. Rental Company (Falls Lake Boats Rentals LLC) has provided the undersigned with basic safety instruction (including, but not limited to, directions on how to safely operate the vessel rented and a review of the safety provisions of North Carolina General Statutes 75A-16.2 and 75A-13.3) prior to allowing any of the undersigned(s) to operate and/or board the leased vessel.
II. EXPRESS ASSUMPTION OF RISK—CAUTION!! READ BEFORE SIGNING
I acknowledge that the operation or use of a watercraft has inherent risks that may lead to bodily injury or death. I further understand that I am not bound or required to participate in any of the activities presented to me, but I have willingly and voluntarily decided to participate. I realize that I am free to refuse to participate in any or all activities including those I feel uncomfortable with or which I feel cannot be completed safely by me. I knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with the rental, operation, or use of the watercraft or associated rental equipment, even if arising from the negligence, act or omission (excluding conduct worse than negligence such as gross negligence) of Rental Company, and assume full responsibility for my participation.
III. RELEASE / COVENANT NOT TO SUE—CAUTION!! READ BEFORE SIGNING
I hereby release and hold harmless Rental Company (Falls Lake Boat Rentals LLC) from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me and/or any minor children for whom I am a parent, legal guardian, or otherwise responsible, whether caused by the negligence of Rental Company (Falls Lake Boat Rentals LLC) otherwise. This includes any injury, disability, death, or loss or damage to person or property sustained as a result of a hidden, latent or obvious defect on the watercraft or any of the equipment used, or any failure to properly instruct, supervise or train. As part of the consideration for using the chartered equipment, I promise not to sue or make a claim against Rental Company (Falls Lake Boat Rentals LLC) for any damage or loss suffered as a result of my participation in the rental activities. It is the intent of this Rental Agreement to fully and completely release Rental Company (Falls Lake Boat Rentals LLC) from all claims, including claims for negligence (excluding claims for conduct worse than negligence such as gross negligence).
IV. INDEMNITY / LIABILITY TO THIRD PARTIES—CAUTION!! READ BEFORE SIGNING
I agree that I will defend, indemnify and hold harmless Rental Company (Falls Lake Boat Rentals LLC) 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 equipment provided by Rental Company, even if such damages arise out of the negligence or fault of Rental Company (Falls Lake Boat Rentals LLC)
V. GENERAL TERMS AND CONDITIONS
I certify that I have received adequate and proper safety and operational instruction for the equipment and watercraft from rented from Rental Company (Falls Lake Boat Rentals LLC) and I am capable in all aspects of the handling and operation of such equipment and watercraft and following all safety instructions. I agree not to use, nor permit the use of the equipment for (a) any unlawful purpose; (b) in a careless, reckless, or negligent manner; (c) while under the influence of alcohol and/or drugs; or (d) in violation of the safety instructions I received from Rental Company (Falls Lake Boat Rentals LLC).
This Rental Agreement sets forth the entire agreement and understanding between the parties, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in this Rental Agreement are merged herein. Additionally, the consideration recited herein is the full, complete, and entire consideration for this Rental Agreement, and there is no further consideration to be paid by any party to any other party other than as recited herein. If any provision or part of a provision of this Rental Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Rental Agreement shall remain valid and enforceable by any party. The parties agree that any litigation arising out of this agreement shall occur, if at all, in the United States District Court for the Eastern District of North Carolina; however, Rental Company (and only Rental Falls Lake Boat Rentals LLC) reserves the right to select any forum where the vessel or a vessel related to this rental agreement or any action arising out of it my be located. The parties agree that the general maritime and admiralty laws of the United States shall govern any dispute arising out of this agreement; to the extent the general maritime and admiralty laws of the United States are silent as to any particular issue arising out of this agreement, then the laws of the State of North Carolina shall apply to any such issue. In the event Rental Company (Falls Lake Boat Rentals LLC) prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify Rental Company (Falls Lake Boat Rentals LLC) for its litigation expenses, including reasonable legal fees and court costs.
I expressly warrant and represent that before executing this Rental Agreement I have fully informed myself of the terms, conditions and effect of this Rental Agreement, and that I have relied solely on my own judgment in executing this document.
I understand that by selecting “I Accept” where indicated below, I have read the terms of this Rental Agreement, including the provisions regarding Assumption of Risk, Release and Covenant Not to Sue, and Indemnity, and I understand that I am giving up substantial rights in consideration for my use of Rental Company’s watercraft and equipment. I enter into this Rental Agreement freely and voluntarily without any inducement.
I Accept:
I understand that by selecting “I Accept” where indicated below, I consent to the use of electronic records and signatures, and the electronic storage of such documents. By selecting “I Accept”, you are accepting to sign this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting “I Accept” you consent to be legally bound by this Agreement’s terms and conditions by an electronic means.
CAUTION!!! READ ENTIRE DOCUMENT BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES ALL LIABILITY AGAINST RENTAL COMPANY (Falls Lake Boat Rentals LLC)
Signature below indicates that you have read this entire document and agree to its terms and conditions.
Renter’s Full Signature Accepting All Terms of this Agreement:
**NOTE: The printable version of this agreement will include signature rows to capture waiver policy acceptance by all other participants.