RELEASE, WAIVER AND INDEMNITY AGREEMENT


 
Shotime, INC. DBA Dockside Watersports
RELEASE, WAIVER AND INDEMNITY AGREEMENT
This is a Legally Binding Contract
 
I.
CONSIDERATION
For and in consideration of being permitted to rent, use, operate and/ or ride watercraft and equipment provided by Shotime, INC. DBA Dockside Watersports ("Rental Company"), the undersigned does hereby warrant and agree that there is
good and valid consideration for the promises and covenants made herein, and that the terms of this Release, Waiver
and Indemnity Agreement constitute a legally binding contract.
 
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II.
REPRESENTATIONS AND WARRANTIES
The undersigned does hereby represent, warrant and agree: (1) that I am aware that there are risks inherent in the use,  operation or riding of the watercraft and equipment being provided by Rental Company, and that I am voluntarily participating in all activities related to the watercraft and equipment with full knowledge thereof, and solely and exclusively assumes all
risk of injury, illness, damage, loss, paralysis or death that may result; (2) that I am in good health and have no physical/ mental limitations that would affect my understanding of this agreement or the safe operation or use of the watercraft or
equipment; (3) that Rental Company has explained their rules and regulations relating to the watercraft and equipment, that
I understand those rules and regulations, and I agree to follow and abide by them at all times; (4) that I understand and agree that it is impermissible for anyone other than signators to this Release, Waiver and Indemnity Agreement to operate, use or ride the watercraft or equipment, and I will not let anyone use, occupy or ride the watercraft or equipment who has not signed same; (5) that I am signing this agreement in both my individual and representative capacities in the event that
I permit a minor for who I am legally responsible to use, operate or ride the watercraft and equipment, and (6) that I have had an adequate opportunity to read and understand this agreement, that I fully understand its terms, that I am under no duress or other legal disability, and that I sign my name hereto with intent to be bound. Additionally, I represent, warrant and agree that no minors shall be permitted to use, operate or ride the watercraft or equipment unless and until a parent, guardian or other legal representative has signed this agreement on their behalf. All parents, guardians or other legal representatives shall be presumed to have executed this Release, Waiver and Indemnity Agreement in their individual capacities and representative capacities for any minor that they permit to use, operate or ride the watercraft and equipment.
 
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III.
RELEASE AND WAIVER
The undersigned, individually and on behalf of
any minor the I am legally responsible for who I permits to use, operate or ride the watercraft or equipment, do hereby release Rental Company, and each and every one of its owners, employees, agents, representatives, servants, assigns, successors, and insurers (collectively "Releasees"), from any and all claims, demands, causes of actions, and other forms of action, however characterized, relating in any way to the use, operation or riding of the watercraft or equipment, and waive any and all
rights to proceed in any way against Releasees for personal injury, bodily damage,property damage, theft or other loss. The undersigned understands and agrees that Releasees shall not be responsible to the undersigned, or to any minor for which the undersigned is legally responsible, for any injuries, damages, loss or theft, even though same may be caused in whole or in part by the negligence or fault of Rental Company. This release and waiver does not apply to any gross negligence or intentional torts by Rental Company.
 
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IV. INDEMNITY
The undersigned does hereby agree to defend, hold harmless and indemnify Releasees from and against: (1) any and
all claims arising our of or relating in any way the undersigned's use, operation or riding of the
watercraft or equipment, no matter who may make said claim; (2) any and all claims arising out of or relating in any way from the undersigned's breach of any of the representations or warranties made herein, or from the undersigned's breach of any of the provisions of this Release, Waiver and Indemnity Agreement; (3) any and all claims advanced or maintained by any third party relating in way to the undersigned's use, operation or riding of the watercraft and equipment, and (4) any and all claims by or on behalf of any minor who uses, operates or rides the watercraft and equipment with the undersigned's knowledge or  consent 
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V. ACKNOWLEDGEMENT
The undersigned does hereby acknowledge: (1) that this Release, Waiver and Indemnity Agreement constitutes a legally binding contract; (2) that if one or more of the provisions of this agreement are ruled invalid or are struck down in any way, the remaining provisions shall remain in full force and effect; (3) that I have read the provisions of this agreement and fully
understand them; and (4) and that my signature below constitutes my full acknowledgement, consent and agreement to the terms of this Release, Waiver and Indemnity Agreement.
 

The Renter agrees to abide by the following rules:

    1. I will not allow any other person to operate the watercraft unless confirmed with Shotime, Inc. DBA Dockside Watersports in writing.
    2. I will follow all Michigan laws and rules regarding legal operation of the watercraft.
    3. I will only operate the watercraft in designated safe areas.
    4. I will not allow anyone under the age of 18 to operate the watercraft.
    5. Occupants of the boat will wear a life jacket if and when required by law.
    6. No jumping off the boat is allowed while under power or in unsafe areas.
    7. When using the boarding ladder the motor must be off.
    8. I will not smoke upon the watercraft, nor will anyone else in my party smoke on the watercraft.
    9. I have been warned that tubing is a dangerous activity and could result in serious injury and extreme caution should be taken if I elect to take part in this activity.
    10. I will not use the watercraft for water skiing purposes.

Safety Checklist:

    • I will not operate until I have been shown how to safely board and debark the watercraft.

    • I will not operate until I have been shown how to properly start the watercraft.

    • I will not operate until I have been shown how to properly shut off the watercraft.

    • I will not operate until I have been shown where and how to properly fuel the watercraft.

    • I will not operate until I have been shown where the danger areas are around the watercraft.

    • I will not operate until I have been shown how to do the following; steer, raise and lower motor, increase and decrease throttle and operate the watercraft in reverse.

    • I will not operate until I have been shown were to find safety devices, i.e. life jackets, horn and throwable life preserver.

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In consideration of the agreement herein, LESSOR does lease to the undersigned (hereafter referred to as the LESSEE) the craft and equipment described herein. LESSEE agrees said craft will not be occupied by a greater number of persons than is shown in this Agreement. In the event the craft is not returned at time specified herein, said LESSEE agrees to pay for OVERTIME AT THE RATE POSTED IN THE OFFICE, WHICH LESSEE REPRESENTS TO HAVE READ AND UNDERSTOOD.

 

THE LESSEE CERTIFIES 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.

LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX (6) ON THE REVERSE SIDE.

This is to certify that I (We), the LESSEE(S) am/are experienced and capable in all aspects of the handling and operation of a craft such as the one rented above.

I (WE) HAVE READ ALL OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.

_______________________________________________

 

THE LEASE IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS

I (WE), the LESSEE(S) further agree:

  1. The LESSEE acknowledges he/she has carefully examined the rental craft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both rental craft and equipment in a safe, dependable condition while in his/her custody.
  2. Cash deposit (as provided in the Charges section of the front of this Agreement) 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 equipment; or to be applied to the rental charges upon return of the rental craft by LESSEE. The foregoing shall not limit the LESSOR’S ability to seek its further damages at law or equity.
  3. LESSEE agrees not to use, nor permit the use:
    1. Of the rental craft for any unlawful purpose;
    2. Of the rental craft in a careless of negligent manner;
    3. Of the rental craft while under the influence of liquor and/or narcotics;
    4. Of the rental craft by any other person not the signatory of this agreement, or not equally qualified.
  4. LESSEE acknowledges his/her responsibility for the safe and proper operation of the rental craft; and for the safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience, or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR 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 of the LESSEE’S personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.
  5. LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this Agreement by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county and state of LESSOR. This Agreement shall be governed by the laws of the state of the LESSOR.
  6. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft that LESSEE will immediately report same to LESSOR. Continued use of the rental craft shall be entirely at the LESSEE’S risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by continued use of the rental craft.
  7. LESSOR’s ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the rental craft by the previous lessee, or any other cause beyond the LESSOR’S control.
  8. LESSOR reserves the right to cancel this Agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used.
  9. The rules and regulations contained herein and as posted in the office, on the rental 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 to see that his/her family and/or guest(s) will obey the rules and regulations.
  10. Should any term or condition of this Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.

THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT, EXCEPT THAT LESSEE EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION POSTED IN LESSOR’S OFFICE

***READ ENTIRE AGREEMENT BEFORE SIGNING**
***ONLY THE PERSON WHO IS RESPONSIBLE FOR THE BOAT MAY SIGN THIS WAIVER AND AGREEMENT**
 
 
 
 

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Signature Certificate
Document name: RELEASE, WAIVER AND INDEMNITY AGREEMENT
lock iconUnique Document ID: 10abfdddd265dc54259206a4dc20c5e9bafe09bf
Timestamp Audit
December 20, 2019 8:19 am EDTRELEASE, WAIVER AND INDEMNITY AGREEMENT Uploaded by Dockside Boat Rental - info@dockside-watersports.com IP 68.61.237.10
December 20, 2019 9:00 am EDTCourtland Consulting - tier3@courtlandconsulting.com added by Gordon Schafer - docksidewatersports1@gmail.com as a CC'd Recipient Ip: 99.121.76.207
December 20, 2019 9:04 am EDTCourtland Consulting - tier3@courtlandconsulting.com added by Gordon Schafer - docksidewatersports1@gmail.com as a CC'd Recipient Ip: 99.121.76.207
December 20, 2019 11:12 am EDTCourtland Consulting - tier3@courtlandconsulting.com added by Gordon Schafer - docksidewatersports1@gmail.com as a CC'd Recipient Ip: 207.174.250.164
December 20, 2019 11:20 am EDTCourtland Consulting - tier3@courtlandconsulting.com added by Gordon Schafer - docksidewatersports1@gmail.com as a CC'd Recipient Ip: 207.174.250.164
December 20, 2019 2:49 pm EDTCourtland Consulting - tier3@courtlandconsulting.com added by Gordon Schafer - docksidewatersports1@gmail.com as a CC'd Recipient Ip: 99.121.76.207
December 23, 2019 11:19 am EDTCourtland Consulting - tier3@courtlandconsulting.com added by Gordon Schafer - docksidewatersports1@gmail.com as a CC'd Recipient Ip: 99.121.76.207
January 8, 2020 7:59 am EDTCourtland Consulting - tier3@courtlandconsulting.com added by Gordon Schafer - docksidewatersports1@gmail.com as a CC'd Recipient Ip: 96.88.135.197
January 10, 2020 8:19 am EDTCourtland Consulting - tier3@courtlandconsulting.com added by Gordon Schafer - docksidewatersports1@gmail.com as a CC'd Recipient Ip: 96.88.135.197
January 16, 2020 11:31 am EDT Document owner docksidewatersports1@gmail.com has handed over this document to info@dockside-watersports.com 2020-01-16 11:31:35 - 96.88.135.197
May 28, 2020 12:24 pm EDTCourtland Consulting - tier3@courtlandconsulting.com added by Dockside Boat Rental - info@dockside-watersports.com as a CC'd Recipient Ip: 47.44.155.122