Lake Lanier Cruising and Tubing

***BOAT RULES: ***Must Be At Least 25 Years Old And Have Boating Experience To Operate, No Exceptions! If You Do Not Know How To Operate The Boat Safely And Properly Or You Are Not At Least 25, you will not be permitted to drive the boat and you will NOT be refunded!!! *Captain MUST watch video of Georgia Boating Safety and abide by the laws and regulations on the lake. * Life Jackets- all children under the age of thirteen are required to wear a properly fitted personal flotation device. Please provide number and size of youth life jackets needed in request. Boat is equipped with adult Life Jackets, special request for youth size should be requested during booking. *Gas- 1 full tank is INCLUDED! If you require additional Gas during trip, renter is responsible! *Captain of the boat must FULLY acknowledge that they are responsible for the safety of everyone on the boat and the condition of the boat! * NO SMOKING or open flame on the boat! If any smoking damage occurs during rental; the $500 deposit will not be returned to renter. *Boat Will be clean when given to you, it must be CLEAN when you give it back! Please do not get sand in boat…A $100 cleaning fee will be charged if not in clean condition when trip is over! Fishing on boat will require $100 cleaning fee.. *Food and Drinks including Alcohol ARE PERMITTED on the boat, however you must return boat Clean. ** Pets under 50 pounds allowed, with owner accepting responsibility for damage. Pet cleaning fee $50 applied to rate. *Captain must always remain SOBER while operating the boat! *No refunds due to weather. This is Georgia, it will more than likely rain or storm at some point on your trip, however it rarely lasts very long. 48-hour Cancellation free of charge so use your best judgement. **Late Returns will be charged $50 per 15 minutes. LESSEE TO READ ALL PAGES OF THIS AGREEMENT AND INITIAL EACH CLAUSE BEFORE SIGNING THIS DOCUMENT. In consideration of the agreement herein, Delaine Lawrence (herein after referred to as the LESSOR) agrees to lease to the undersigned (herein after referred to as the LESSEE) the craft and equipment described herein. In the event the craft is not returned at time specified herein. Said LESSEE agrees to pay for $100 per 30 minutes of late return. THE LESSEE Will CERTIFY THAT HE/SHE HAS EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN THIS OFFICE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS. Initial: ________ LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH THE MALFUNCTION/BREAKDOWN CLAUSE WHICH FOLLOWS. Initial: ________ This certifies that I (We), the LESSEE (S) am/are experienced and capable in all aspects of the handling and operation of the craft such as the one rented above. LESSEE agrees said craft will not be occupied by a greater number of persons that is shown in this rental agreement. I, the LESSEE (S) am/are aware of the NO WAKE areas and am/are responsible for any damaged caused by my wake. I (We) have familiarized myself/ourselves with a chart of the area. WATER SKIING, TOWING, AND/OR NIGHT OPERATION OF RENTAL BOATS AND EQUIPMENT IS FORBIDDEN, NO EXCEPTION, LESSEE IS LIABLE. Initial: ________ I authorize and allow Delaine Lawrence to charge my credit card or utilize deposit for any damages or loss of equipment. Initial: ________ The LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both craft and equipment in a safe, dependable condition while in he/she has custody. Initial: ________ A major credit card authorization (VISA, MasterCard, Discover, American Express or Debit) or CASH in the amount of five hundred dollars ($500.00) shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of craft by LESSEE. LESSEE agrees not to use, nor permit the use: a. of the rental boat for any unlawful purpose; b. of the rental boat in a careless or negligent manner; c. of the rental boat while under the influence of liquor or narcotics; or any other drugs d. by any other person not the signatory of the agreement, or not equally qualified. e. of the rental craft after dark. Initial: ________ LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY LESSEE that the LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FUTHER AGREES to indemnify and hold harmless the LESSOR and its agents, affiliates and personnel from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any LESSEE’S personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever. Initial: ________ LESSEE expressly agrees to indemnify and hold LESSOR and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by LESSOR, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by LESSOR, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder shall be in the county of LESSOR. Initial: ________ In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the LESSEE will immediately report it to LESSOR. Continued use of it shall entirely at the LESSEE’S risk and thus LESSEE assumes all liability of injury and damage to all persons and property that may become involved by its continued use. Initial: ________ LESSOR’S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR’S control. Initial: ________ LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based on time used. Initial: ________ The rules and regulations contained herein and as reviewed on the Georgia Renter’s Safety video, on the craft and /or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her family and or guest(s) will obey the rules. Initial: ________ Should any term or condition of Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect. Initial: ________ THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON BOTH SIDES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. LESSOR: Delaine Lawrence, by: ______________________________________ DATE: _____________________ LESSEE: _________________________________________ DATE: _____________________ WAIVER AND RELEASE OF LIABILITY AGREEMENT – Georgia DISCLAIMER – This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by Delaine Lawrence... *(For purposes of this Waiver and Release, the term “Delaine Lawrence.”) If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Delaine Lawrence. all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Delaine Lawrence. 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 of Delaine Lawrence. Initial: ________ II. ACKNOWLEDGEMENT OF RISKS – The undersigned hereby acknowledges that some, but not all of the risks of participating in water sport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, and man made or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms, including, but not limited to sharks and/or sting rays; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 8) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death. Initial: ________ III. EXPRESS ASSUMPTION OF RISK- The undersign herby agrees that he/she is renting, operating or using the equipment provided by Delaine Lawrence; 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 rental equipment, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fracture or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of Delaine Lawrence. Initial: ________ IV. WAIVER/RELEASE OF LIABILITY-By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Delaine Lawrence; from any and all liability of any nature for any and all injury or damage arising from personal injuries sustained by the undersigned or any 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 Delaine Lawrence; regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages, which may occur, and further agrees that Delaine Lawrence; shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Delaine Lawrence; shall not be responsible for such injuries, damages, loss or theft. EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Delaine Lawrence., whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Delaine Lawrence... Initial: ________ V. LIABILITY TO THIRD PARTIES – The undersigned hereby agrees that he/she will indemnify and hold harmless Delaine Lawrence 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 Delaine Lawrence, even if such damages arise out of the negligence or fault of Delaine Lawrence. Initial: ________ VI. ACKNOWLEDGEMENT OF WAIVER AND RELEASE – The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Delaine Lawrence with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Delaine Lawrence for Delaine Lawrence’s negligence. RENTER ______________________________________________________ DATE ________________________________ OWNER _______________________________________________________ DATE ________________________________