2019 MOOMBA.... surfing, kneeboarding or tubing , all ready to get wet

Cancellation & Weather Policy:  Pricing is good up to 10 people max capacity is 13 depending on size of occupants. There will be a surcharge of $5 an hour for each additional person up to 13. You are subject to 100% refund if you cancel at least 5 days prior to your departure date. Light rain and cloudy skies do not result in cancellation or refund. If "weather.com" shows at least an 80% chance for thunderstorms during any period of your trip, we will offer you a full refund. PLEASE READ CAREFULLY READ THE FOLLOWING SECTIONS fully and carefully prior to signing. This is a legally valid and binding obligation to release boat owner from all known and unknown obligations, AND TO INDEMNIFY COMPANY AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BOAT. This instrument affects important legal rights.   Release and Waiver of Claims. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged Renter does hereby remise, release, and forever discharge Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; or in any way arising out of the rental relationship between Renter and Boat Owner. Indemnification For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the Boat. Terms and Conditions 1.  Assumption of Risk.  Renter acknowledges that the activities for which the Boat is designed include inherent dangers, including the risk of bodily injury and/or death.  Renter assumes and accepts all risks associated with the use of the Boat.                                                            2. Acceptable Use.  Renter agrees and acknowledges that Andrew Mayfield or his designee will be the sole operator of the boat, and will use the Boat in a careful, safe and conscientious manner.  Renter shall at all times observe and adhere to any rules and guidelines posted by Boat Owner, and any applicable laws or regulations.  Renter shall be responsible at all time for the safety of any and all passengers in the Boat. 3.  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 alcoholic beverages or consumption of alcohol while operating the Boat.  Boat Owner reserves the right to inspect any coolers, bags or other containers belonging to the Renter or any of Renter’s passengers. There are no pets permitted in the Boat There is no docking of the Boat at any location other than the Boat Owner’s designated docking area, except in the case of emergency.  4.  Children.  Any children under the age of 12 in the boat must wear a life jacket at all times. 5. Unsafe Use.  If at any time Boat Owner determines that Renter has engaged in an unsafe or hazardous use of the Boat, Boat Owner may notify the Renter that it is immediately terminating the rental.  Upon termination, the Boat Owner may return the Boat to the designated docking area immediately.  If the rental is terminated for unsafe or hazardous use, Renter will not be refunded his/her security deposit.  Boat Owner shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”  6.  Condition of Boat upon Return.  The Renter shall return the Boat to the designated docking area clean, free of garbage and debris, and in the same condition as it was in when given to Renter, excepting ordinary wear and tear.  Renter shall be responsible for any damage caused to the Boat during the rental period.  Boat Owner shall retain any portion (or all) of Renter’s security deposit as necessary to cover repairs for such damages.  To the extent that damages to the Boat exceed the amount of the security deposit, Renter shall be billed by Boat Owner for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees.