2023 SEA-DOO SWITCH CRUISE 21-230

FULL REFUND ISSUED IF CANCEL WITH 48 HOUR NOTICE OF BOOKING. IF LATE OR NO SHOW WILL BE CHARGED FULL AMOUNT FOR BOOKING IF MORE THAN 30 MINUTES LATE. (WE WILL NOT WAIT AT DOCK FOR YOUR ENTIRE BOOKING HOPING YOU WILL ARRIVE) IF YOU ARE RUNNING BEHIND SCHEDULE AND WOULD LIKE TO START AFTER 30 MINUTES PLEASE GIVE US A CALL WITHIN THE 30 MINUTE OF SCHEDULED DEPARTURE TIME (OR PRIOR TO SCHEDULED DEPARTURE TIME PREFERABLY ) WE CAN GO OVER YOUR BOARDING INSTRUCTIONS (UNDERSTANDING IF YOU HAVE A 6 HOUR BOOKING SCHEDULED AND SHOW UP 2 HOURS LATE YOU WILL ONLY HAVE A 4 HOUR RENTAL, WE WILL NOT REFUND THE DIFFERENCE.) YOUR BOOKING STARTS AT YOUR SCHEDULED TIME. IF WEATHER IS DEEMED UNSAFE BY OUR STAFF, YOU AGREE TO 2 OPTIONS 1 BEING REFUND, OR OPTION 2 RESCHEDULE. BOAT DRIVER WILL BE AT LEAST 21 OF AGE AND NOT BE UNDER THE INFLUENCE OF ANY ALCHOL AND DRUGS WHILE OPERATING WATERCRAFT. RENTER IS RESPONSIBLE FOR WATERCRAFT AND ALL ACCESSORIES FOR THE ENTIRE RENTAL PERIOD UNTIL WATERCRAFT IS RETURNED TO RENTAL COMPANY INCLUDING, BUT NOT LIMITED TO, THE EVENT OF WEATHER OR UNFORESEEN CIRCUMSTANCES WHICH MAKE IT NECESSARY TO LEAVE WATERCRAFT SECURED IN WATER. RENTER SHOULD BE MINDFUL THAT ANY DAMAGE OCCURRING FROM WATERCRAFT NOT BEING SECURED PROPERLY UNDER ANY CIRCUMSTANCES IS RENTER RESPONSIBILITY. ESTIMATED COST OF DAMAGE FOLLOWING IS A LIST OF POTENTIAL DAMAGES THAT MAY OCCUR DUE TO RENTER’S NEGLIGENCE DURING THE RENTAL PERIOD. FOR EACH ITEM LISTED, THERE IS AN ESTIMATED COST OF REPLACEMENT AND/OR REPAIR. ALL DAMAGES WILL BE REPAIRED BY A CERTIFIED MARINE MECHANIC AND THE COST ABSORBED BY THE RENTER WILL INCLUDE TOTAL COST OF INVOICE PLUS 25%. THIS LIST IS NOT ALL INCLUSIVE. ANY ADDITIONAL DAMAGES INCURRED THAT ARE NOT LISTED HEREIN WILL BE REPAIRED AND CHARGED TO THE RENTER AS STATED ABOVE. PLEASE NOTE: WE DON’T ALLOW SMOKING ON OUR WATERCRAFT. OR RED WINE PLEASE NOTE: PETS ARE NOT ALLOWED ON THE BOATS. PLEASE NOTE: RED MUD STAINS WILL RESULT IN AUTOMATIC COST OF, BUT NOT LIMITED TO, $150. FRONT NAVIGATIONAL LIGHTS- $35 REAR NAVIGATIONAL LIGHTS - $75 SEAT TEAR - $425 MINIMUM (IF SEAT HAS TO BE REPLACED THE COST COULD EXCEED $1,5OO) STEREO - $350 STEREO SPEAKER - $150 ANTENNAE - $100 CARPET STAIN OR BURN - $75 MINIMUM (IF STAIN CAN’T BE REMOVED, RENTER WILL BE RESPONSIBLE FOR TOTAL CARPET REPLACEMENT AT A COST THAT COULD EXCEED $1,500) JET PUMP DAMAGE - $1500 LADDER DAMAGE - $225 BIMINI TOP DAMAGE/REPLACE - $3200 SCRATCHES OR DAMAGE TO GEL COAT - $300 MINIMUM (COST COULD EXCEED $3,000) RENTAL AGREEMENT – WAVIER AND RELEASE OR LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY I. DISCLAIMER YOU MUST BE 21 YEARS OF AGE OR OLDER TO RENT ANY BOAT. YOU MUST BE 21 YEARS OR OLDER TO RENT ANY SKI BOAT. ANYONE UNDER 18 YEARS OF AGE MAY NOT OPERATE ANY WATERCRAFT AT ANY TIME DURING THIS RENTAL PERIOD. THIS RENTAL AGREEMENT: WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OR RISK, AND INDEMNITY (“RENTAL AGREEMENT”) IS APPLICABLE TO ALL RENTERS, OPERATORS, PASSENGERS, AND USERS of EQUIPMENT PROVIDED BY RENTAL COMPANY. *(FOR PURPOSES OF THUS WAIVER AND RELEASE, THE TERM “RENTAL COMPANY” INCLUDES ALL EMPLOYEES AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS SUCCESSORS, INSURERS AND SUBSIDIARIES OF RENTAL COMPANY). THE UNDERSIGNED AGREES THAT HE/SHE IS ALSO SIGNING THE RELEASE ON BEHALF OF ANY MINOR CHILDREN FOR WHOM HE/SHE IS PARENT, GUARDIAN, OR OTHERWISE RESPONSIBLE FOR CARE, CUSTODY AND CONTROL. RENTER AGREES THAT HE/SHE WILL DISCLOSE TO RENTAL COMPANY 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 INDIVIDUAL, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OF FAULT OF RENTAL COMPANY. RENTAL COMPANY IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO UNDISCLOSED OPERATORS AND PASSENGERS, AND UNDISCLOSED OPERATORS OR PASSENGERS ARE NOT ALLOWED TO USE ANY WATERCRAFT OR EQUIPMENT OF THE RENTAL COMPANY. II. EXPRESS ASSUMPTION OF RISK – CAUTION!! READ BEFORE BOOKING 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 HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE. I HAVE NO HEALTH RESTRICTIONS, WHICH WOULD PREVENT ME FROM PARTICIPATING IN ANY 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 OF RENTAL COMPANY. AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION. III. RELEASE OF LIABILITY – CAUTION!! READ BEFORE BOOKING I HEREBY RELEASE AND HOLD HARMLESS RENTAL COMPANY 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 PARENT, LEGAL GUARDIAN, OR OTHERWISE RESPONSIBLE, WHETHER CAUSED BY THE NEGLIGENCE OF RENTAL COMPANY OR OTHERWISE. THIS INCLUDES ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INCURRED 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. IV. COVENANT NOT TO SUE – CAUTION!! READ BEFORE BOOKING AS PART OF THE CONSIDERATION FOR USING THE CHARTERED EQUIPMENT, I PROMISE NOT TO SUE OR MAKE A CLAIM AGAINST RENTAL COMPANY 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 FROM ALL CLAIMS. V. LIABILITY TO THIRD PARTIES – CAUTION!! READ BEFORE BOOKING I AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS RENTAL COMPANY 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 OR RENTAL COMPANY. VI. RENTERS CONSENT TO PAYMENT OF RENTAL WATERCRAFT LOSSES AND DAMAGES A VALID CREDIT CARD NUMBER SHALL BE RETAINED BY THE RENTAL COMPANY AND WILL BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN SAID RENTAL WATERCRAFT IN AS GOOD CONDITION AS WHEN RECEIVED BY RENTER. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. RENTER AUTHORIZES THE RENTAL COMPANY TO CHARGE RENTERS CREDIT CARD FOR THESE ITEMS IN SUCH CASE. IN THE ALTERNATIVE OR IN ADDITION TO THE CHARGES TO RENTERS CREDIT CARD, THE RENTAL COMPANY, IN ITS SOLE DISCRETION, MAY DEMAND THAT THE RENTER PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS CASH OR CERTIFIED CHECK. THE AMOUNT AVAILABLE ON THE BALANCE OF THE CREDIT CARD SHALL IN NO WAY BE CONSIDERED A LIMITATION ON THE AMOUNT OF DAMAGES, REIMBURSEMENTS, OR RENTAL CHARGES OWED TO THE RENTAL COMPANY BY THE RENTER. RENTER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE WATERCRAFT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND PROPELLER DAMAGE. AN INSPECTION OF THE WATERCRAFT WILL BE CONDUCTED BY BOTH THE RENTAL COMPANY AND RENTER PRIOR TO THE RENTAL PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED IN WRITING ON THE ATTACHED BOAT RENTAL AGREEMENT FORM. UPON RETURN OF THE WATERCRAFT, THE RENTAL COMPANY WILL CONDUCT A FINAL INSPECTION. RENTER WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE WATERCRAFT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. RENTAL COMPANY HAS UP TO 48 HOURS AFTER THIS RENTAL & PRIOR TO BEING RENTED AGAIN TO DISCOVER AND INFORM RENTER OF DAMAGE FOUND. RENTER ACKNOWLEDGES AND UNDERSTANDS THAT ALL RENTAL WATERCRAFT INCLUDE ACCESSORY ITEMS AND ALL GEORGIA DEPARTMENT OF NATURAL RESOURCES REQUIRED EQUIPMENT INCLUDING, BUT NOT LIMITED TO PERSONAL FLOTATION DEVICES, FIRE EXTINGUISHERS, THROW DEVICES, ANCHORS, ETC. ALL ITEMS INCLUDING THE VALUES OF EACH ITEM WILL BE NOTED BETWEEN THE RENTAL COMPANY AND THE RENTER PRIOR TO LAUNCHING THE RENTAL WATERCRAFT. BY SIGNING THE INVENTORY LIST, THE RENTER ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS LISTED. UPON RETURN OF THE RENTAL WATERCRAFT, THE RENTAL COMPANY AND THE RENTER WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED FROM THE SIGNED AGREEMENT WILL BE PAID FOR BY THE RENTER AS STATED HEREIN. EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE RENTER WILL NOT RESULT IN A REFUND. ABSOLUTELY NO REFUNDS WILL BE GIVEN DUE TO MECHANICAL FAILURE UNTIL RENTAL COMPANY HAS HAD THE OPPORTUNITY TO CHECK THE UNIT FOR OPERATOR NEGLIGENCE AND OR ABUSE. IF IT IS DETERMINED THAT THE RENTER HAS CAUSED DAMAGE TO THE UNIT, THE RENTAL COMPANY RESERVES THE RIGHT TO CHARGE THE RENTER’S CREDIT CARD WITHOUT ANY FURTHER NOTIFICATION OR AUTHORIZATION FROM THE RENTAL COMPANY. RENTER WILL BE RESPONSIBLE FOR ANY REVENUE LOSS DUE TO WATERCRAFT BEING UNRENTABLE DUE TO DAMAGE CAUSED DURING THIS RENTAL PERIOD. VII. GENERAL TERMS AND CONDITIONS I CERTIFY THAT I HAVE RECEIVED ADEQUATE AND PROPER SAFETY AND OPERATIONAL INSTRUCTIONAL INSTRUCTION FOR THE EQUIPMENT AND WATERCRAFT RENTED FROM RENTAL COMPANY AND 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 (A) FOR ANY UNLAWFUL PURPOSE; (B) IN A CARELESS, RECKLESS, OR NEGLIGENT MANNER; (C) WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS; (D) TO CARRY PASSENGERS OR PROPERTY IN EXCESS OF THE CRAFT’S RATED CAPACITY; (E) IN A RACE OR COMPETITION; OR (F) IN VIOLATION OF THE INSTRUCTIONS I RECEIVED FROM RENTAL COMPANY. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES, AND ALL PERVIOUS DISCUSSIONS, UNDERSTANDINGS, REPRESENTATIONS, NEGOTIATIONS, AND AGREEMENTS WITH RESPECT TO THE MATTERS INCLUDED IN THIS AGREEMENT AMD MERGED HEREIN. ADDITIONALLY, THE CONSIDERATION RECITED HEREIN IS THE FULL, COMPLETE AND ENTIRE CONSIDERATION FOR THIS AGREEMENT, AND THERE IS NO FURTHER CONSIDERATION TO BE PAID BY ANY PART TO ANY OTHER PARTY OTHER THAN AS RECITED HEREIN. IF ANY PROVISION OR PART OF A PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE AGREEMENT SHALL REMAIN VALID AND ENFORCEABLE BY ANY PARTY. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF GEORGIA IN THE EVENT RENTAL COMPANY PREVAILS IN ANY LITIGATION OR CLAIM RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED HEREIN, I AGREE TO PAY AND INDEMNIFY RENTAL COMPANY FOR ITS LITIGATION EXPENSES, INCLUDING REASONABLE LEGAL FEES AND COURT COSTS. ANY SUIT OR DISPUTE MUST BE PURSUED THROUGH ARBITRATION IN HALL COUNTY INSTEAD OF THROUGH THE COURTS. I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT I HAVE FULLY INFORMED-MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THE AGREEMENT, AND THAT I HAVE RELIED SOLELY ON MY OWN JUDGMENT IN EXECUTING THE DOCUMENT. I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, WAIVER AND RELEASE OF ALL CLAIMS INCLUDING THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE OF LIABILITY, DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES AND THE COVENANT NOT TO SUE, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE IF RENTAL COMPANY’S WATERCRAFT AND EQUIPMENT. I ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I AGREE TO ASSUME RESPONSIBILITY, EVEN THOSE RISKS ARISING OUT OF NEGLIGENCE BY RENTAL COMPANY, OTHER PASSENGERS, RIDERS, AND/OR ALL PARTICIPANTS ON THE WATERCRAFT. MY AND OUR PARTICIPATION IN THE ACTIVITY IS PURELY VOLUNTARY. I ASSUME FULL RESPONSIBILITY FOR MYSELF AND ALL PASSENGERS ON THE WATERCRAFT, INCLUDING ANY MINOR CHILDREN, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR OTHER FAULT OF PASSENGERS, RIDERS, GUESTS AND OTHER PASSENGERS ON THE WATERCRAFT AND EVEN IF CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF THE RENTAL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, LEGAL REPRESENTATIVE AND ASSIGNS (COLLECTIVELY THE “RELEASEES”). CAUTION!!! READ THIS ENTIRE DOCUMENT BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES ALL LIABILITY AGAINST RENTAL COMPANY. BOOKING INDICATES THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND AGREE TO ITS TERMS AND CONDITIONS AND ARE SIGNING THIS DOCUMENT ON BEHALF OF ALL THE OPERATORS/PASSENGERS AS LISTED BELOW. FURTHERMORE, ANY PASSENGERS/OPERATORS NOT LISTED ON THIS DOCUMENT. I AGREE THAT ANY CHILD UNDER THE AGE OF 13 WILL HAVE A LIFE JACKET ON AT ALL TIMES AND BEFORE STEPPING FOOT ONTO THE BOAT. ANY PERSONS 13 YEARS AND OLDER UNDERSTANDS THE DANGERS OF WATERSPORTS, AND UNDERSTANDS THE RISK OF NOT WEARING A LIFEJACKET AND ASSUMES ANY AND ALL RISKS THAT CAN HAPPEN WHEN NOT WEARING A LIFEJACKET. WE HIGHLY RECOMMEND ALL PARTICIPANTS TO WEAR A LIFEJACKET AT ALL TIMES.