Release of Liability and Boat Rental Agreement
Stayatmtbaker.com, Luxury Getaways, it’s officers, agents, owners, and employees (hereinafter collectively referred to as Luxury Gretaways) agrees to rent one unpowered boat, and miscellaneous other fishing or boating gear (hereinafter referred to collectively as a Boat), only upon the following agreement, conditions, and signed release by the Renter, whose signature appears below.
I, the Renter, agree and understand that my rental Boat is to be used and operated solely by myself. I understand that I am participating in a sport with possible risks to myself. I agree to return this Boat to Luxury Getaways at the end of the rental period in the same condition in which I received it. I ASSUME FULL LIABILITY FOR ANY AND ALL DAMAGE TO THIS BOAT while it is in my custody.
Further, I AM RESPONSIBLE FOR THE SAFETY OF MYSELF AND ALL MY GUESTS I may have in the boat. I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Luxury Getaways, it’s officers, agents, owners, or employees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss of value, damage, or injury, that may be sustained by the Renter, or any of the property belonging to the Renter or others, WHETHER CAUSED BY THE NEGLIGENCE OF LUXURY GETAWAYS, or otherwise, as a result of this rental.
I further agree:
(a) that the rented boat shall not be used to carry passengers or property for hire;
(b) that the rented boat shall not be used to carry passengers or property in excess of the rated capacity of the boat;
(c) not to use the boat in any race or competition without the written permission of Luxury Getaways;
(d) not to use the boat for any illegal purpose or in any illegal manner;
(e) not to remove the boat from Silver Lake;
(f) not to operate the boat in a negligent matter;
(g) not to permit the boat to be operated by any person other than the renter designated in this agreement without written permission from Luxury Getaways;
(h) not to use the boat under the influence of drugs or alcohol;
(i) that the boat will only be used during hours of daylight, not at dark;
(j) not to mount any motor onto the boat whether gas or electric without prior permission of Luxury Getaways.
I acknowledge that Luxury Getaways has provided one set of wooden oars with oar locks and a collection of life jackets. The boat is provided clean and empty of water. To avoid additional charges I certify that I will return the life jackets to their storage location in a dry condition, clean and drain any water from the boat, not ram the boat into the dock or any other object causing scratches or dents to the boat, and to tie up the boat and lock it upon departure just as it was when I arrived.
A Note on Lifejackets
As a courtesy, Luxury Getaways will provide random sizes of lifejackets. Everyone on board must wear a properly fitting life jacket. If there are not enough life jackets or not the correct sizes, do not use the boat and notify Luxury Getaways. Basic sizes of lifejackets are in the storage locker. If you require infant lifejackets or sizes beyond large, you are required to bring your own lifejacket(s). Make sure when putting on the life jacket that all zippers, buckles and crotch straps are correctly fastened. Having a correctly fitting life jacket for each occupant of the boat is your responsibility.
I hereby state, that to the best of my knowledge, I AM IN GOOD PHYSICAL AND MENTAL CONDITION, and I have been EXPLAINED BOAT SAFETY PROCEDURES. I voluntarily ASSUME ALL RISK OF ACCIDENT OR DAMAGE TO MY PERSON OR PROPERTY which may be incurred from or be connected in any manner WITH MY USE, OPERATION OR RENTAL of a Boat from Luxury Getaways. I FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS, and DEFEND Luxury Getaways, its officers, agents, owners, or employees FROM ALL CLAIMS, DEMANDS, CAUSES, OR ACTIONS, including attorneys fees, expenses and costs, OF THIRD PARTIES (OF WHATEVER KIND, NATURE OR DESCRIPTION), which may arise out of, or in manner connected with, the use of this boat.
THIS RELEASE AND INDEMNIFICATION SHALL BE BINDING upon my heirs, administrators, executives and assigns. Any Action of dispute will be ARBITRATED BY A COURT OF LAW IN WHATCOM COUNTY, WASHINGTON or the closest FEDERAL MARITIME COURT OF LAW. I AGREE TO A RENTAL FEE and a SECURITY DEPOSIT which will be applied to payment for any and all damage to the vehicle occurring during the period of this rental agreement. I understand that I WILL REMAIN LIABLE FOR THE PORTION OF ANY DAMAGE COST EXCEEDING MY DEPOSIT, including attorneys fees, expenses or costs incurred, and loss of use by Luxury Getaways.
I CERTIFY THAT I AM AN EXPERIENCED BOAT OPERATOR. I certify that I have read this agreement, release, and waiver and that I understand its contents and intentions. I certify that I am at least eighteen (18) years of age. I additionally certify that I have completed a boating safety class or have read and understand row boat safety as outlined on the website www.boat-ed.com or more current site for Washington state boating safety.