Lakehouse Hotel and Resort (the “Company”) agrees to rent the following boat or water toy (water toy includes but is not limited to kayaks, paddle boards, water bikes, paddle boats and lounge craft) including but not limited to the items listed and described on lsmarina.com all of which are collectively referred to herein as (the “Rental”) to the undersigned (the “Renter” and or “Minor”), upon the condition that Renter agrees to all terms and conditions set forth below, including the release of claims, and evidences that agreement with his/her signature in the space provided.
READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE COMPANY FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIFY COMPANY AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE RENTAL. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.
Release and Waiver of Claims. Renter acknowledges receiving and accepts the use of this rental as valuable consideration in exchange for forever releasing and discharging the Company, Company’s agents, employees, 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 may develop in the future, 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 Rental; or in any way arising out of the rental relationship between Renter and Company.
Indemnification. Renter acknowledges receiving and accepts the use of this rental as valuable consideration in exchange for Renter’s express agreement to indemnify and hold harmless Company, Company’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s or rental occupant’s use, misuse or abuse of the Rental, regardless of whether Renter directly caused the damages.
Terms and Conditions
1. Renter as Sole Operator. Only the Renter who signs this agreement below may operate the Rental.
Renter must be 18 years of age and possess a valid driver’s license to operate any power boats.
2. Assumption of Risk. Renter acknowledges that the activities for which the Rental 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 Rental.
3. Acceptable Use. Renter certifies he/she has examined the rental and equipment and finds it acceptable and suitable for the purpose for which it is leased. Renter agrees and acknowledges that he/she will be the sole operator of the rental, and will use the Rental in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Company, and any applicable laws or regulations. Renter shall be responsible at all time for the safety of any and all passengers in the Rental.
4. Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the Rental:
a) There is no smoking on the rental
b) Renter and guests must adhere to laws regarding consumption of alcohol. It is illegal for rental operators to consume alcohol or drugs of any kid regardless of the degree of impairment.
c) Company reserves the right to inspect any coolers, bags, or other containers belonging to the Renter or passengers.
d) Renter must give the right away to all wildlife and non motorized vessels on the lake.
e) Renter may not disturb, provoke, chase, attack or harm the wildlife, failure to comply with this rule can result in termination of rental, suspension from lake activities or prosecution to fullest extent of the law.
f) There is no fishing permitted from the rental without a valid license.
g) Swimming is not permitted on the lake.
h) There is no docking of the rental at any location other than the Company’s designated docking area, except in the case of an emergency.
i) The maximum speed on the lake is 5mph.
5. Children. Any children under the age of 13 in the rental must wear a life jacket at all times.
6. Unsafe Use. If at any time the Company determines that Renter has engaged in an unsafe or hazardous use of the Rental, Company may board the Rental, or otherwise notify the Renter that it is immediately terminating the rental. Upon termination, Renter must return the Rental 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. Company shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous”.
7. Condition of Rental upon Return. The Renter shall return the Rental 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 agrees to report any accident, malfunction or breakdown of rental immediately. Renter shall be responsible for any damage caused to the Rental during the rental period. Company 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 Rental exceed the amount of the security deposit, Renter shall be billed by Company for the full amount of damages caused by Renter during the rental
period, including reasonable attorney’s fees.
8. Late Return. If Renter returns the Rental to the designated docking area more than 10 minutes after the
predetermined “Time In,” Renter shall be charged for a full hour for the first 10 minutes, then one full
hour per each additional 30 minutes.
THE TERMS AND CONDITIONS ON ALL PAGES OF THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN RENTER AND COMPANY, 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
AFFIDAVIT OF PARENT OR LEGAL GUARDIAN
I, the undersigned, declare that I am the parent of, or the legal guardian of, the below named minor, and have the capacity to execute documents on behalf of such minor. I am signing those documents, freely, without any fraud or duress and acknowledge that I have read and understand the same. I understand that as a condition to use any of the Rentals, the parent or legal guardian of the minor participant must sign certain legal documents, including but not limited to Release and Wavier of Claims and Indemnity Agreements. In the event that it is determined that I am not the parent or legal guardian of the minor, or did not have the legal capacity to execute the documents on behalf of said minor, then I agree to defend and indemnify: Lakehouse Hotel and Resort, each of their lessors, parent companies, subsidiaries, related companies and business concerns, past and present, and each of them, as well as each of their partners, trustees, directors, officers, members, intellectual property holders, agents, attorneys, servants and employees, past and present, and each of them.
While signing electronically, I understand this document will act as a formal signature.