R46, 2020-06-23

NOTE: Aquatic Center Inc. does not accept paper waivers, please submit electronically.

CRAFT RENTAL AGREEMENT

This craft rental is made effective

between Aquatic Center Inc. (the lessor) and

Your Full Name (Parent Name/Adult Name - Not a minor)

(the lessee) and state the agreement of the parties as follows:

The lessee acknowledges he/she will carefully examined the craft, which is defined to include all equipment and accessories, and find 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 craft and equipment to a safe, dependable condition while in his/her custody.

PAYMENT TERMS: Prior to initiation of the rental period, payment in full is due.

SECURITY DEPOSIT: In addition to the rental payment, the lessee shall pay a minimum $300.00 security deposit (either cash or by credit card) at the time this rental agreement is signed for each craft rented.If a cash security deposit is made, the lessee must also provide the lessor with a valid credit card.This deposit will be returned to the lessee upon termination of this rental agreement, less any expenses incurred to retrieve the craft and/or to repair any damage caused to this craft by the lessee or anyone else during the rental period.Should damages exceed the minimum $300.00 deposit, the lessee agrees to make payment in full immediately upon AQUATIC CENTER INC. presentation of an itemized repair bill.This security deposit shall not bear interest.

INHERENT DANGER: The lessee understands and agrees that crafts and their operation is an inherently dangerous activity.The lessee certifies that he/she understand the rules and regulations for the safe operation of crafts.The Lessee further agrees not to let anyone else to operate this craft without likewise instruction of the rules and regulations for safe operation of a craft.

MINIMUM AGE: The Lessee shall prove evidence that he/she is at least eighteen years of age.

HEALTH OF LESSEE: The lessee certifies that he/she is in good health, has no physical defects that may be of danger to themselves or of anyone else, and that he/she is capable of safe operation of this craft.Furthermore, the Lessee certifies that he/she is NOT under the influence of alcohol or drugs (legal or otherwise) and will remain so during the rental period.

CARE AND OPERATION:The Lessee agrees to operate this craft only in careful and a proper manner, and to obey and comply with all laws and regulations for craft operation.

WARRANTY:The Lessor makes no warranties, express or implied as to the craft rented.The Lessee assumes the responsibility for the condition of the craft.

RISK OF LOSS OR DAMAGE: The Lessee assumes all risk of loss or damage to the craft from any cause and agrees to return the craft in the condition received from the Lessor, with the exception of normal wear and tear.The Lessee certifies that he/she has examined the craft and finds it acceptable and suitable for the purpose for which it is rented.The Lessee agrees to return this craft on or before the expiration of the rental period in the new condition it is in now EXCEPT AS FOLLOWS:

If the craft is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good and working order or replace the craft with a like craft in good repair.

Lessee agrees not to use, nor permit use:

of the rental craft for any unlawful purpose;

of the rental craft in a careless or negligent manner;

of the rental craft while under the influence of liquor and or narcotics;

by any other person not the signatory of this agreement, or not equally qualified.

Lessee acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other craft operators and persons.IT IS AGREED AND UNDERSTOOD BY THE LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the craft.LESSEE FURTHER AGREES to defend, 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 the 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 craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.

LESSEE expressly agrees to defend, 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 the foregoing rental contract by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of a suit by LESSOR to recover possession of the craft and/or to enforce any of the terms, conditions and/or provisions hereof.It is understood and agreed that Venue of any action arising hereunder shall be in Garrett County, Maryland.

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the craft that LESSEE will immediately report same to LESSOR. Continued use of it 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 its continued use.

LESSOR’s ability to provide the craft, if reserved, is contingent upon and subject to the return to the return of the unit by the previous lessee, or any other cause beyond LESSOR’S control.

LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather.Rental fees will be prorated based on the time used.The rules and regulations contained herein and posted in the office, on the craft, and/or by 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 guests will obey the rules.

RELEASE OF LIABILITY AND INDEMNITY: The LESSEE hereby agrees to bind him/herself, his/her heirs, personal representatives and assigns and hereby releases and discharges the AQUATIC CENTER INC., its owners, employees, and agents and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments, and attorney fees, which the lessee or the lessee’s heirs, passengers, guests, personal representatives or assigns may have, or claim to have, including but not limited to, for negligence of the AQUATIC CENTER INC., its owners, employees, agents, created by or arising from any instruction, inspection, provisioning, use, operation, handling, or transportation of the craft and/or equipment by the LESSEE or anyone else.

Furthermore, the LESSEE hereby agrees to defend, indemnify, and hold harmless AQUATIC CENTER INC., its owners, employees, agents, and assigns from any and all claims, damages, demands, costs, losses, expenses, actions, judgments, and attorney fees, which are created or arise out of the LESSEE’S operation of the craft and/or equipment.The LESSEE agrees to pay all claims brought by third parties resulting from the operation and/or use of the craft and/or equipment, including attorney fees and other costs.

SEVERABILITY: Should any item or condition of this rental agreement be held void or unenforceable, then that item 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.

RENTAL PERIOD: This rental shall initiate in: MCHENRY, MD.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.

LESSOR: AQUATIC CENTER INC.

MINIMUM: RETAINED DEPOSIT AMOUNT $300.00 PER CRAFT

WARNING: I understand that operating or riding a Craft such as a: Personal Watercraft, Boat, Kayak, or Paddleboard, or Towable Toy is extremely dangerous and can result in serious injury or death.I hereby hold Aquatic Center Inc. and or Carol Jacobs and or Parker Jacobs, of McHenry, Maryland, harmless of, from, and against any and all liability for injury of persons (including death) and or damage to property resulting directly or indirectly from operating or riding a personal watercraft, boat, kayak, or paddleboard or towables. As a passenger, I agree to assist the driver with the safe use of the rental craft.I agree not to jeopardize the safe operation of rental craft.I will not operate the personal watercraft, boat, kayak, or paddleboard between sunset and sunrise.I understand the Maryland Natural Resources (DNR) Boating and or Personal Watercraft and or Kayak and or Paddleboard regulations.I will operate rental craft in accordance with all said regulations.I understand that anyone born after July 1, 1972 must request and carry a temporary boating certificate, unless they have and carry a permanent boating certificate to operate a motorized craft.I understand that I must carry my driver’s license or a copy of my license on board the craft if I am operating the craft.I have read, understand, and will follow the Aquatic Center Operating Instructions.I can swim.I agree to report an accident, malfunction, or breakdown of the rental craft to the Aquatic Center immediately.I assume responsibility should the rental craft become involved in any accident which may result in damage or destruction to any property or injury to any person. I agree as a lessee or participant that my credit card may be charged for damages. I understand that I will be responsible for a 2% monthly interest charge on any unpaid balances from the Aquatic Center Inc.If the rental craft is not returned at the specified time, I agree to pay for overtime at the rate of $95.00 per hour, payable at the start of each hour. I understand that any participant under the age of 18 years old must also have their parent or legal guardian sign this rental agreement, and that by signing the parent agrees he/she is doing so on behalf of the child who is here at their own risk. I agree and understand that my rental can be terminated at any time for any reason without a refund.I understand that I am responsible for any or all of the participants. I agree to pay for all damages, injuries, lost income, specialist fees, wages, attorney fees, and related costs of any claim. All claims shall occur in Garrett County, Maryland. RETURN POLICY: NO REFUNDS

By signing this document, I acknowledge and agree that I have read and understood the terms and agree to be bound by them. If any of my guest(s) identified below is a minor, I, as their or guardian, agree that they are also bound by these terms.

LESSEE:

Your Full Name Again (Parent Name/Adult Name - Not a minor)

Please select how many Minors will be participating:













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By checking here, you acknowledge you have read and understand the above agreement, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. You and or your participants may also be requested to sign a Craft Rental Agreement paper copy upon arrival. Please make sure that all participants are present.