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Rental Agreement and Release of Liability

RENTAL AGREEMENT

Rental: Renter and Renters shall hereby be referred to as Renter. Renter hereby agrees to rent watercraft on the terms and conditions set forth.

Age of Operator: Renter acknowledges that operator of watercraft MUST be 18 years of age or older prior to date and time of rental.
Acknowledgement: Renter acknowledges that he/she understands hazards associated with watercrafts on Lake Tahoe. Renter understands that there is a risk of property damage, personal injury and/or death and other hazards associated with watercrafts and that neither TWA or its officers, directors, employees, agents and/or servants has made any representations to Renter other than what is contained in this agreement, and Renter enters into this agreement freely and voluntarily.
WARNING NOTICE: The operation of a watercraft in Lake Tahoe may be hazardous at times due to wind, waves, unmarked obstacles, obstacles protruding from or existing just below the surface of the water, and others. The watercraft operator should use utmost caution in operating the watercraft as the Renter is responsible for any and all damages occurring while this watercraft is rented, including but not limited to damages to the hull, prop, rudder, shaft, strut, transmission, and/or engine. The watercraft operator in any circumstances other than an extreme emergency should not beach the watercraft and should remain a MINIMUM OF 900 FEET OFF SHORE and/or from buoys, buoy fields, piers, marinas, and/or other watercrafts or watercraft and/or other individuals and/or obstacles in water.
Insurance: Renter certifies that he/she has a policy/policies of insurance for both bodily injury and property damage to self and to all others which covers the operation of the watercraft and passengers; and, Renter agrees that such policy/policies of insurance will be primary with respect to any personal injuries, deaths and/or property damage which occur as a result of the operation of the watercraft, equipment or furnishings by Renter and any permissive users of the watercraft.
Attorney's Fees: Renter agrees that should it become necessary for either party to this agreement to hire the services of an attorney to enforce his/her/its rights and liabilities as to any and all disputes arising from this agreement, the prevailing party as to any action shall be entitled to reasonable attorney’s fees. Any action shall be defined as any proceeding brought in a court of law, a proceeding conducted pursuant to judicial or non- judicial arbitration rules, or mediation.

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DRUGS AND/OR ALCOHOL: IT IS UNLAWFUL FOR ANY PERSON TO OPERATE WATERCRAFT OR RELATED ITEMS WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES OR DRUGS. Renter asserts that watercraft will not be operated under the influence of drug(s) and/or alcohol.

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By signing this rental agreement Renter is accepting the notices, terms and conditions of this Rental Agreement and acknowledging his/her awareness of his/her responsibilities as to the safe operation of the watercraft. Renter further acknowledges that he/she has participated in an orientation pertaining to the watercraft, its equipment and the proper and safe operation thereof and that any behavior whether perceived or actual, witnessed or not, can result in the immediate termination of rental without warning or refund.

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FEES

LATE FEE: A fee may be applied to watercraft returned and/or towed in after business hours. Watercraft returned late will be charged at a rate double to the full hourly rental rate rounded up to the nearest hour.

CLEANING FEE: Renter agrees to pay $175.00 fee plus FULL hourly rental rate for time spent cleaning foreign objects or matter found in watercraft after usage including but not limited to food, garbage, sand, hair and belongings.

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DAMAGES, ADDITIONAL CHARGESAND DEPOSITS

Tahoe Water Adventures will charge my credit card (digital capture on file) for damage incurred regardless of fault; in addition to payment(s) for loss of rental time(s) and other associated charges; and, that my card has a minimum per transaction and daily limit of at least two thousand and five hundred dollars ($2,500.00).

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I have read and understand the Rental Agreement. My credit card on file and/or this acknowledgment affirm that I understand and accept the above statements.

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RELEASE AND WAIVER FORM-BOAT RENTAL FACILITY

In consideration of TAHOE WATER ADVENTURES agreeing to rent a vessel to me, I hereby agree to the following:

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I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANTS NOT TO SUE TAHOE WATER ADVENTURES, its officers, club members, employees, agents, or servants, of and from all claims (first or third party) which may hereafter develop or accrue to me on account of, or by reason of, any injury, loss or damage, which may be suffered by me or to any property, because of any matter, thing or condition, negligence or default whatsoever, and I hereby assume and accept the full risk and danger of any hurt, injury or damage which may occur through or by reason of any matter, thing or condition, negligence or default, of any person or persons whatsoever.

IT IS THE INTENTION OF THIS RELEASE AND WAIVER FORM TO EXEMPT AND RELIEVE TAHOE WATER ADVENTURES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY TAHOE WATER ADVENTURESS NEGLIGENCE, AND TO BE AS BROAD AND INCLUSIVE A RELEASE OF LIABILITY AS IS PERMITTED UNDER THE LAWS OF CALIFORNIA.

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I HAVE READ AND VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF LIABILITY.

I acknowledge that I have been fully and completely advised of the potential dangers involved in the activity of boating. To satisfy TAHOE WATER ADVENTURES that I have been advised and am fully aware of the legal consequences of signing the within instrument I have hand-written the word "YES" in the box on the bottom of this page.

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I HAVE READ THIS RELEASE AND WAIVER FORM.

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