Liability Waiver

Everything you need to know before your cruise.

THIS DONUT BOAT RENTAL AGREEMENT (hereafter “Agreement”) by Soak Up the Sun Rentals, LLC and You the undersigned (hereafter “Renter” and/or “You”), is made as of the date below, and You, as the Renter, agree as follows:

Boat Rental. Soak up the Sun Rental, LLC rents and authorizes you to use equipment in the form of one “donut boat” (hereafter “boat” or “vessel”) described as so long as You and your guests use the donut boat consistent with this Agreement.
Renter’s Responsibility. You are responsible for all damage and liability related to, or in any way arising out of your rental of the Donut Boat. You are also responsible for any guests on the donut boat you rent, including any damage or harm they cause.
Safety and Boat Operation Instruction At Checkout. You have been instructed as to safe operation of the donut boat and agree that You understand how to safely operate the vessel.
Acceptable Use. You agree and acknowledge that You are at least 17 years of age and will be the sole operator of the donut boat, will not be intoxicated, under the influence, nor otherwise impaired to operate the boat, and will use the boat in a careful and safe manner. You and your guests will at all times abide by this Agreement and all applicable local, state, and federal laws and refrain from using drugs nor alcohol while using the boat and on the dock and land occupied by Soak Up the Sun Rentals, LLC. You agree to provide Soak Up the Sun Rentals, LLC with a mobile telephone number that may be used to contact you at anytime during this rental period.
Prohibited Activities. You, as the Renter, are in charge of the boat and all guests on the boat. There is no smoking nor use of drugs nor alcohol on or within ten feet of the boat. No fishing from the boat. The boat may not tie-up with any other vessel and shall only dock or moor at the same dock You rented the boat from. You may not put the boat on the beach or land. You shall not allow any additional passengers on the boat. You agree that all guests on the boat You rent shall have a signed waiver.
Unsafe Use is not Permitted. If at the sole discretion of Soak Up the Sun Rental, LLC, any employee or officer of Soak Up the Sun Rental, LLC determines the Renter and/or any of its passengers has engaged in an unsafe use or violated any part of this Agreement, Soak Up the Sun Rentals, LLC may immediately terminate the rental. Upon notification of termination, you shall return the boat to the Soak Up the Sun Rentals, LLC docking area. Regardless of time remaining, you agree that upon termination, you will be charged without proration or refund for the entire time of the booking reservation. If terminated, you understand and Agree that You will not be refunded your Security Deposit.
Time and Condition of the boat upon end of rental. You understand and agree that you will return the boat and all equipment to the Soak Up the Sun Rentals, LLC docking area before the end of your reservation, clean, free of garbage and debris, and in the same condition as the boat was when rented to You, except ordinary wear and tear. You understand and agree that You are responsible for any damage caused to the boat and any equipment during the rental period. You understand and agree that Soak Up the Sun Rentals, LLC shall retain all or any portion of the damage deposit for late return, damage, and loss of rental income due to inoperability and repair time. If the damages and loss of rental income exceeds the damage deposit, You agree and understand that You will be responsible for the full amount of damages, including loss of rental income, and shall pay the reasonable attorney’s fees of Soak Up the Sun Rentals, LLC You do not pay immediately when demanded for damage, including loss of rental income, when demanded.
Damage Deposit. You agree that you are responsible to any damage to the boat and its equipment, including loss of rental income, due to damage to the boat arising out of, or in any way related to your use and rental of the boat. You agree to pre-authorization on your credit card of a damage deposit of $2,000.
Late Return Extra Charge. If You return the boat to the docking area after your reservation concludes, you agree to pay $50.00 per quarter-hour (15 minutes).
Permitted area of operation. You agree that You have been instructed and shall keep the boat in Sheboygan. Any use of the boat outside of Sheboygan River frontage is a violation of this Agreement. If You have violated this Agreement and the rental may be terminated.
Renter’s Responsibility When Assistance Needed. If You need assistance, including a tow based on your use of boat and/or equipment, and the need for assistance is caused by you, and/or otherwise not equipment failure that is the responsibility of Soak Up the Sun Rentals, LLC, you agree to a charge of $50.00.
You Assume The Risk of Liability For Yourself and Your Guests. You agree that Soak Up the Sun Rentals, LLC shall not be liable for any personal injury sustained by You, his or her family, guests, visitors or agents while operating the rented boat or upon any of Soak Up the Sun Rentals, LLC premises, including docks, piers and walkways. Renter expressly agrees, on behalf himself or herself, his or her family, guests, visitors or agents, that by using the vessels and Soak Up the Sun Rentals, LLC premises, he or she does so at his or her own risk and that he or she, and each of his or her family, guests, visitors or agents, accepts as his or her own those risks and hazards related to all boating activities and marina area property or activities.
Renter Indemnifies, Holds Harmless, Waives, and Releases Soak Up the Sun Rentals, LLC from Liability. You voluntarily release, forever discharge and agree to indemnify, defend and hold harmless Soak Up the Sun Rentals, LLC, and their owners, employees, agents, members and contractors from any and all liability of any nature arising from any and all activities related to the operation, or use of the vessels and equipment provided, and this includes the Renter’s family, guests, visitors or agents, regardless of the cause. You assume full responsibility for any such injuries, or damage which may occur, and further agree that Soak Up the Sun Rentals, LLC shall not be liable for any loss or theft of personal property. You specifically agree that Soak Up the Sun Rentals, LLC shall not be responsible for such injuries, damage, loss or theft, even in the event of negligence or fault by Soak Up the Sun Rentals , LLC and/or its employees or owners.
Choice of Law & Venue. I understand that the Shipowner’s Limitation of Liability Act, 46 U.S.C. § 183 et. seq., is a federal law. If there is any lawsuit involving me and Soak Up the Sun Rentals, LLC, I understand, accept, and agree that the choice of law will be Federal Law, and that jurisdiction shall be in the United States District Court for the Western District of Washington.
Attorney’s Fees. I understand that if I bring a lawsuit against Soak Up the Sun Rentals, LLC, I will be liable for and must pay all of the attorney’s fees and costs of Soak Up the Sun Rentals, LLC.

I have read, understand, and accept this entire Agreement. I agree to be bound by the terms of this Agreement, and if any term, section, or portion of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall survive and shall continue in full force and effect. I am signing this Agreement of my own free will.

Please sign below:

Name

First Last

Date

Consent

THIS DONUT BOAT RENTAL AGREEMENT (hereafter “Agreement”) by Soak Up the Sun Rentals, LLC and You the undersigned (hereafter “Renter” and/or “You”), is made as of the date below, and You, as the Renter, agree as follows:

1. Boat Rental. Soak up the Sun Rental, LLC rents and authorizes you to use equipment in the form of one “donut boat” (hereafter “boat” or “vessel”) described as so long as You and your guests use the donut boat consistent with this Agreement.

2. Renter’s Responsibility. You are responsible for all damage and liability related to, or in any way arising out of your rental of the Donut Boat. You are also responsible for any guests on the donut boat you rent, including any damage or harm they cause.

3. Safety and Boat Operation Instruction At Checkout. You have been instructed as to safe operation of the donut boat and agree that You understand how to safely operate the vessel.

4. Acceptable Use. You agree and acknowledge that You are at least 17 years of age and will be the sole operator of the donut boat, will not be intoxicated, under the influence, nor otherwise impaired to operate the boat, and will use the boat in a careful and safe manner. You and your guests will at all times abide by this Agreement and all applicable local, state, and federal laws and refrain from using drugs nor alcohol while using the boat and on the dock and land occupied by Soak Up the Sun Rentals, LLC. You agree to provide Soak Up the Sun Rentals, LLC with a mobile telephone number that may be used to contact you at anytime during this rental period.

5. Prohibited Activities. You, as the Renter, are in charge of the boat and all guests on the boat. There is no smoking nor use of drugs nor alcohol on or within ten feet of the boat. No fishing from the boat. The boat may not tie-up with any other vessel and shall only dock or moor at the same dock You rented the boat from. You may not put the boat on the beach or land. You shall not allow any additional passengers on the boat. You agree that all guests on the boat You rent shall have a signed waiver.

6. Unsafe Use is not Permitted. If at the sole discretion of Soak Up the Sun Rental, LLC, any employee or officer of Soak Up the Sun Rental, LLC determines the Renter and/or any of its passengers has engaged in an unsafe use or violated any part of this Agreement, Soak Up the Sun Rentals, LLC may immediately terminate the rental. Upon notification of termination, you shall return the boat to the Soak Up the Sun Rentals, LLC docking area. Regardless of time remaining, you agree that upon termination, you will be charged without proration or refund for the entire time of the booking reservation. If terminated, you understand and Agree that You will not be refunded your Security Deposit.

7. Time and Condition of the boat upon end of rental. You understand and agree that you will return the boat and all equipment to the Soak Up the Sun Rentals, LLC docking area before the end of your reservation, clean, free of garbage and debris, and in the same condition as the boat was when rented to You, except ordinary wear and tear. You understand and agree that You are responsible for any damage caused to the boat and any equipment during the rental period. You understand and agree that Soak Up the Sun Rentals, LLC shall retain all or any portion of the damage deposit for late return, damage, and loss of rental income due to inoperability and repair time. If the damages and loss of rental income exceeds the damage deposit, You agree and understand that You will be responsible for the full amount of damages, including loss of rental income, and shall pay the reasonable attorney’s fees of Soak Up the Sun Rentals, LLC You do not pay immediately when demanded for damage, including loss of rental income, when demanded.

8. Damage Deposit. You agree that you are responsible to any damage to the boat and its equipment, including loss of rental income, due to damage to the boat arising out of, or in any way related to your use and rental of the boat. You agree to pre-authorization on your credit card of a damage deposit of $2,000.

9. Late Return Extra Charge. If You return the boat to the docking area after your reservation concludes, you agree to pay $50.00 per quarter-hour (15 minutes).

10. Permitted area of operation. You agree that You have been instructed and shall keep the boat in Sheboygan. Any use of the boat outside of Sheboygan River frontage is a violation of this Agreement. If You have violated this Agreement and the rental may be terminated.

11. Renter’s Responsibility When Assistance Needed. If You need assistance, including a tow based on your use of boat and/or equipment, and the need for assistance is caused by you, and/or otherwise not equipment failure that is the responsibility of Soak Up the Sun Rentals, LLC, you agree to a charge of $50.00.

12. You Assume The Risk of Liability For Yourself and Your Guests. You agree that Soak Up the Sun Rentals, LLC shall not be liable for any personal injury sustained by You, his or her family, guests, visitors or agents while operating the rented boat or upon any of Soak Up the Sun Rentals, LLC premises, including docks, piers and walkways. Renter expressly agrees, on behalf himself or herself, his or her family, guests, visitors or agents, that by using the vessels and Soak Up the Sun Rentals, LLC premises, he or she does so at his or her own risk and that he or she, and each of his or her family, guests, visitors or agents, accepts as his or her own those risks and hazards related to all boating activities and marina area property or activities.

13. Renter Indemnifies, Holds Harmless, Waives, and Releases Soak Up the Sun Rentals, LLC from Liability. You voluntarily release, forever discharge and agree to indemnify, defend and hold harmless Soak Up the Sun Rentals, LLC, and their owners, employees, agents, members and contractors from any and all liability of any nature arising from any and all activities related to the operation, or use of the vessels and equipment provided, and this includes the Renter’s family, guests, visitors or agents, regardless of the cause. You assume full responsibility for any such injuries, or damage which may occur, and further agree that Soak Up the Sun Rentals, LLC shall not be liable for any loss or theft of personal property. You specifically agree that Soak Up the Sun Rentals, LLC shall not be responsible for such injuries, damage, loss or theft, even in the event of negligence or fault by Soak Up the Sun Rentals , LLC and/or its employees or owners.

14. Choice of Law & Venue. I understand that the Shipowner’s Limitation of Liability Act, 46 U.S.C. § 183 et. seq., is a federal law. If there is any lawsuit involving me and Soak Up the Sun Rentals, LLC, I understand, accept, and agree that the choice of law will be Federal Law, and that jurisdiction shall be in the United States District Court for the Western District of Washington.

15. Attorney’s Fees. I understand that if I bring a lawsuit against Soak Up the Sun Rentals, LLC, I will be liable for and must pay all of the attorney’s fees and costs of Soak Up the Sun Rentals, LLC.

I have read, understand, and accept this entire Agreement. I agree to be bound by the terms of this Agreement, and if any term, section, or portion of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall survive and shall continue in full force and effect. I am signing this Agreement of my own free will.

I agree to the liability waiver.

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