2021 Sun Tracker Tritoon Party Barge on Grapevine Lake

 Owner agrees to rent a 2021 Suntracker pontoon boat from Jack Stinnett, TX License (the “Boat”) to Renter, upon the condition that Renter agrees to all terms and conditions set forth below, including the release of claims. This Agreement is applicable to all renters, operators, passengers, and users of the Boat. The term “Owner” includes all of Owner’s employees, agents, representatives, servants, assigns, successors, and insurers. READ THE FOLLOWING SECTIONS CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE THE BOAT OWNER FROM ALL KNOWN AND UNKNOWN LIABILITIES, AND TO INDEMNIFY BOAT OWNER AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BOAT EVEN FOR CLAIMS THAT ARISE OUT OF THE NEGLIGENCE OR FAULT OF OWNER. I.                    WAIVER/RELEASE OF LIABILITY By the execution of this Agreement, the undersigned agrees that Owner shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of all activities related to the rental, operation, or use of the Boat. The undersigned assumes full responsibility for any such injuries or damage which may occur, and further agrees that the Owner shall not be liable for any loss or theft of personal property.  II.                  EXPRESS ASSUMPTION OF RISK The undersigned hereby agrees that he/she is renting, operating, or using the Boat at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the boat, and assumes all risk of injury, illness, damage or loss that might result. III.                LIABILITY TO THIRD PARTIES The undersigned hereby agrees that he/she will indemnify and hold harmless Owner 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 the Boat.  Additional Terms and Conditions 1. Acceptable Use. Renter agrees and acknowledges that he/she will be the sole operator of the Boat, and will use the Boat in a careful, safe, and conscientious manner. The Renter shall always observe and adhere to any rules and guidelines posted by the Owner, and any applicable laws or regulations of the state of Texas. The Renter shall be always responsible for the safety of all passengers in and around the Boat. 2. Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the Boat: There is no smoking while in the Boat. There are no drugs permitted in the Boat. There are no pets permitted in the Boat. 3. Life Jacket Requirement. Texas law states all persons 13 and under must always wear a life jacket while on the boat. 4. Unsafe Use. If at any time the Owner determines that Renter has engaged in an unsafe or hazardous use of the Boat, Owner may immediately terminate the rental portion of this Agreement. If the rental is terminated for unsafe or hazardous use the Renter will not be refunded his/her rental fee. Owner shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.” 5. The Damage Deposit: Should any damage occur the Renter agrees he/she is fully responsible for the costs incurred to restore the Boat to the condition it was in at the time the rental began. Owner will provide an itemized repair bill, including lost rental time (lost rental time begins with the date of the itemize repair bill, and stops when the watercraft is once again available for rental). If a deposit is held at the time of the rental the deposit will be held until the boat is fully inspected and repaired.  If the cost of repair exceeds the damage deposit, the Renter agrees he/she is fully responsible for the remainder of the costs incurred to restore the Boat to the condition it was in at the time the rental began. If no deposit is held Renter agrees he/she is fully responsible for all costs incurred to restore the boat to the condition it was in at the time the rental began. 6. Condition of Boat upon Return. The Renter shall return the Boat to Owner on or before the termination date and at the specified location clean and free of garbage and debris, in the same condition in which the boat was rented, including all parts, and accessories, ordinary wear and tear excepted. 7.  Delivery and Return. Owner and Renter will meet at Twin Coves Park boat dock fifteen minutes before rental is scheduled to start unless other arrangements are made between parties.  The Renter will meet the Owner at the boat dock at the time the rental is scheduled to conclude.  If Renter arrives 30 minutes late Owner will charge one hour rental.