RULES • WAIVER • LIABILITY RELEASE

BASIC RULES

Please read carefully the rules, contract, and waiver & liability release for rental of our watercraft. In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:

  1. The pontoon boat must be returned with the same amount of gas as shown on the gas gauge as when the rental period began. Gasoline for our boats must be 91 octane gasoline (Please keep your receipts with you for return with the rental equipment). Prices of gas will vary and are purchased at the Renter’s expense. You can also return the boat and pay $50 per quarter tank of gas that is used.
  2. There is a late fee of $100 per hour for the late return of the boat. 10-60 minutes late will be charged at $100, 61-120 minutes late will be charged at $200 and so on. Late fees must be paid in full before the Renter leaves the return premises.
  3. Only the registered Renter may operate the boat. I understand that all drivers must be 21 years or older and are required to show ID upon arrival. Passengers can be all ages.
  4. The operator of the pontoon boat can not be under the influence of alcohol or drugs. Consumption of alcohol by the pontoon operator is strictly prohibited at all times during operation.
  5. Up to 10 regular adult of child sized life jackets (all standard), fire extinguisher, throw cushions, paddle, whistle, anchor and ladder will be included with your rental. You are responsible for the loss or damage of these items, regardless of the reason that occurs during the rental period.
  6. Replacement Prices: Renter agrees to pay the following prices for lost or damaged items:
    Life jacket – $35.00
    Throw cushion – $40.00
    Anchor – $150.00
    Paddle – $80.00
    Prop Replacement – $400.00
    Whistle – $10.00
    Fire extinguisher – $80.00
  7. The pontoon boat will not be moved or trailed at anytime other than by Rental Company;
  8. The Renter has prior boating experience and knowledge of the operation of a pontoon boat;
  9. No more than 13 passengers or 1,700 lbs. are allowed on the boat during operation;
  10. The pontoon is to be operated only during daylight hours. No after dusk operation is permitted.
  11. The pontoon is not to be involved in any race contest, competition or other competitive activity;
  12. No other motor or motorized watercraft is to be mounted or attached to the pontoon boat;
  13. That the pontoon boat will be properly moored when not in motion;
  14. The Renter will ensure that all underage passengers will have properly fitted life jackets worn when on and using the pontoon boat;
  15. The Renter has no mental or physical impairment that will interfere with the safe operation of the pontoon boat;
  16. That Renter is responsible for all damage to the pontoon boat, all property of others whether she/he is negligent or the cause of the damage;
  17. Renter agrees that no grills of any kind are allowed on the pontoon boat, i.e., gas or charcoal, etc.
  18. That Renter is responsible for any and all injuries that occur to himself, herself, passengers or third parties during the rental period whether or not Renter was the cause of the injury;
  19. Renter agrees to ensure that all passengers under the age of 13 will wear their life jackets at all times that they are on the boat;
  20. That Renter agrees to hold harmless owner from any claim by a passenger or third party for any damage that arises from the use of the pontoon during the rental period including all reasonable attorney fees and costs;

That if Renter experiences any trouble he/she will call the owners at 657-438-6986

If for any reason the rental equipment needs a tow, please contact our contracted towing company at (928) 727-3215

Renter agrees to have knowledge of all boating laws and regulations during the use and operation of rental equipment.

Waiver & Release of Liability

In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:

WAIVER AND RELEASE OF LIABILITY AGREEMENT
PLEASE READ THIS FORM CAREFULLY, AS IT IS AN IMPORTANT LEGAL DOCUMENT, AND MAY HAVE A SUBSTANTIAL IMPACT ON YOUR LEGAL RIGHTS. IF YOU SIGN THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO MAKE CLAIMS AGAINST COTTER’S BOAT RENTAL, LLC., ITS EMPLOYEES, AGENTS, INSURERS OR SUBSIDIARIES, FOR CERTAIN DAMAGES RESULTING FROM YOUR USE OF THE RENTAL CRAFT EQUIPEMENT.

I. DISCLAIMER
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Hava Pontoon Boat Rental, LLC. (For purposes of this Waiver and Release, the term “Rental Company” includes all owners, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Hava Pontoon Boat Rental, LLC). 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 Rental Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential operators, passengers, and 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 of the Rental Company.

II. EXPRESS ASSUMPTION OF THE RISK
Your use of the rental craft and related equipment may subject you to substantial and inherent risks of serious injury or death. Injury or death may be caused by a malfunction of the craft, its motor, or any related equipment; by sudden or unexpected change in direction, deceleration, acceleration, overturning of the craft; by a collision with another craft, objects (such as rocks or tree limbs), the water itself, or persons in the water; by drowning, hypothermia, sudden change in weather conditions, such as thunderstorms, winds or other acts of nature or other similar injury related to exposure to or submersion in the water; and other related or similar instances. The undersigned, on behalf of himself or herself, is signing in capacity as parent or guardian of a minor child/children as indicated below, on behalf of the minor child/children, hereby acknowledges the forgoing and other inherent risks associated with being a passenger on the rental craft. The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Rental Company 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, and assumes all risk of injury, illness, death, damage or loss that might result, even if the risk arises out of the negligence of Rental Company.

III. WAIVER AND RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries and/or property loss sustained by the result of any and all activities related to the rental, operation, or use of the equipment provided by Rental Company, including but not limited to drowning and all other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental company shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY, whether such negligence is present at the signing of this Release or takes place in the future. For the avoidance of doubt, this Waiver and Release does not apply to reckless or international conduct by Rental Company. In addition, the undersigned agrees Rental Company shall not be liable for any loss or theft of personal property. By the Execution of this Release, the undersigned agrees that Rental Company shall not be liable for damages arising from personal injuries and/or property loss 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 Rental Company, including but not limited to drowning or other related injuries, collisions with other water craft or stationary objects, physical contact/collisions with the rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that such negligence is present at the signing of this Release or takes place in the future. For the avoidance of doubt, this Waiver and Release does not apply to reckless or intentional conduct by Rental Company. In addition, the undersigned agrees Rental Company shall not be liable for any loss or theft of personal property.

IV. LIABILITY TO THIRD PARTIES:
The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company for all personal injuries, property damages or other damages to any and all third parties, including but not limited to, operators, passengers or other watercraft and minor children under the undersigns custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rental Company, even if such damages arise out of the negligence of Rental Company.

V. ACKNOWLEDGEMENT OR WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and ask any questions associated with said Waiver and Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, understands its contents, and has signed this Release as his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms, including paying an increased rental rate to use the rental craft and equipment without signing a waiver, and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring legal action to assert a claim against Rental Company for Rental Company’s negligence.

VI. CHOICE OF LAW:
The undersigned agrees that this Waiver and Release shall be governed by the internal laws of the State of Arizona, without regard to Arizona’s conflict of law policies, and any suit arising out of or concerning this Waiver and Release must be in a state court located in Mojave County, Arizona.

VII. SEVERABILITY
The undersigned hereby agrees that in the event any term or part of any term of this Agreement is determined to be void or unenforceable, such term or part of a terms shall be considered separate and severable from this Agreement and the terms shall continue in full force and effect.

**READ THIS RELEASE BEFORE SIGNING**
By signing this form, the undersigned binds his or her heirs, successors and assigns, or if on behalf of a minor child, binds the minor child’s heirs, successors and assigns.

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