“Renter.” This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify Big Yellow Boats and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Renter’s use of Boating, Kayaking or Paddle boarding Equipment, premises or facilities or Renter’s participation in kayaking or paddle sports activities.
By electronically signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions that I may have at the present time, or in the future, for the acts, omissions or other conduct by the owners, agents, officers or employees of Big Yellow Boats. Please initial each item and sign below to acknowledge acceptance of this agreement.
- Renter shall obey all state, federal and local Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting boats, kayaks, paddle board or other equipment from Big Yellow Boats. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental boats or equipment from Big Yellow Boats.
- Renter represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.
- Renter shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental boats and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft or damage to other property and shall pay the Lessor (Big Yellow Boats) the full cost of repair or replacement.
- Renter shall return any rented equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental boats or equipment require repair or excessive cleaning. Renter agrees to use all equipment for its designed purpose only.
- RECOGNITION OF RISK: Renter expressly acknowledges that water sports are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (Lifejackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING RENTALS AND EQUIPMENT. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use automatically make water sports safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
- RELEASE OF LIABILITY: Renter hereby RELEASES ( Big Yellow Boats), its owners and its employees from liability for negligence and HOLDS HARMLESS Big Yellow Boats, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the rental or use of said boat and/or Equipment.
- This agreement constitutes the entire agreement between Renter and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, to Renter, except as contained herein, and Big Yellow Boats shall not be liable for any loss or injury to Renter nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Renter is not Big Yellow Boats’ agent while using rented equipment. The laws of the State of Texas and shall govern this agreement.
- NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.
- I have read and understand the above. I agree to the terms and conditions as stated.