For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned, Erwin Boat Rentals, Inc. (Erwin) agrees to rent the Equipment (Boat and motor with life jackets) listed below to Customer for the time specified and subject to all terms and conditions set forth below.
(1) Inspection of Equipment. Erwin represents that the boat and motor are in clean, good mechanical and serviceable condition. Any known damage or problems will be listed on this rental agreement. Customer will inspect the Boat prior to use and leases the same without any representations by Erwin. If Equipment has damage or problems not listed on this agreement, Customer must notify Erwin in the space provided on this Agreement form, before use of the boat begins and on the first day of rental, and failing which, Customer will be financially responsible for repair or correction of same.
(2) Damage to Equipment. Customer acknowledges and understands that the boat is to be returned clean and in the same condition as at the commencement of the rental period. If Equipment is not returned in the same clean and undamaged condition as when received, Customer acknowledges and understands that Erwin reserves the right to charge Customer for any repairs or cleaning. Additionally, Customer understands and agrees that Customer is responsible for any damages, repairs, replacement or special cleaning or any damage to equipment and damages or loss to real or personal property. Customer acknowledges, understands, and agrees that Customer authorizes Erwin to charge Customer’s credit card and/or for Erwin to take such legal actions deemed necessary to recover for all damages which occur to equipment during Customer’s rental for any damages sustained. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the Equipment, that Customer will immediately report same to Erwin. Except in the context of immediate risk of personal injury, continued use of the rental craft in the event or damage or malfunction shall be at Customer’s sole risk and Customer assumes all liabilities for personal injury and damage to all persons and property including the Equipment that may occur as a consequence of continued use.
(3) Prohibited Activities. The following activities are not permitted on the boat. Violation of this provision will result in the immediate termination of Customer’s usage of the Equipment and forfeiture of all monies paid by the Customer, including the full amount due for the rental regardless how much time is remaining on the rental.
• Operating the boat while under the influence of any intoxicant or medication and whether or not lawfully prescribed.
• Smoking.
• Operating the boat and/or allowing more people on board than the boat is rated for.
• Operating boat in prohibited areas.
• Towing inflatables or water toys not allowed.
• Locking through Dams not allowed.
• No grills or cooking allowed on the boat.
• No beaching or purposefully running aground.
• Allowing pets on board weighing more than 25 lbs.
(4) Customer Warranties and Representations. Customer represents and warrants the following that Customer has been instructed and is familiar with Tennessee state laws governing the operation of the boat and that Customer will comply with the laws and regulations at all times;
• That Customer has been instructed and is familiar with the operation of the boat;
• That Customer will operate the boat in a safe manner at all times;
• That Customer understands that operation of the boat involves risks and that Customer assumes all such risks and all liability associated with the operation of the boat, and that Customer is responsible for and shall pay for damages and Equipment losses that occur during the rental term.
• That Customer has viewed and understands the powerboat safety videos provided at www.erwinboatrentals.com/safety. and or available at the Erwin docks from which Equipment is rented.
• Customer’s age is twenty-five years or greater and motor vehicle driver’s license is valid. If the date of Tennessee Customer’s birth is subsequent to January 1, 1989, Customer is licensed by the State of Tennessee to operate this boat.
(5) Release and Waiver of Claims. Customer does hereby remise, release, and forever discharge Erwin, it’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, claims, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands of any kind or nature whatsoever in law or equity, which Customer ever had, now has, or which Customer’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any injury, loss, cost, damage, claim matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; or in any way arising out of the rental relationship between Customer and Erwin.
(6) Indemnification. Customer hereby expressly agrees to hold harmless and indemnify Erwin, and its owners, officers, employees, agents, affiliates and assigns from and against any and all liabilities and damages, including attorney fees and costs of litigation, of any kind or nature whatsoever including without limitation, personal injury and or death and/or claims, demands, suits whether made or claimed or brought by customer, and or customer’s spouse, family, invitees and or by any friend or invitee(s) and or any other person whatsoever which may arise in any context from, of or related or alleged to be related in any way whatsoever to customer’s use or possession or operation of the Equipment.
(7) Cancellation. If Customer cancels his/her reservation seven (7) or more calendar days from the reservation date, Customer shall be refunded the full amount of the rental amount. If Customer cancels his/her reservation within seven (7) calendar days up to twenty-five (25) hours of the reservation date, Customer shall be refunded the rental amount paid less $200. If Customer cancels his/her reservation within twenty-four (24) hours of the reservation date, Customer will forfeit the full amount of the rental. If Customer does not timely show up (NO SHOW) for designated reservation Customer will forfeit the full amount of the rental. If the cancellation is due to severe or unsafe weather as determined by Erwin, then the deposit and rental will be applied to an alternate date or refunded in full. If severe or unsafe weather as determined by Erwin causes the rental period to end prematurely, the rental rate will be prorated based on the time of return of the Equipment used. Erwin reserves the right to cancel or refuse service to any person deemed impaired or unsafe at the time of rental and or to terminate and revoke Customer’s use of Equipment if the customer later appears to be intoxicated or impaired and/or breaches any of the terms or provisions of the Agreement.
(8) Life Jackets. There are USCG approved life preservers on board. All persons under the age of 13 must wear a USCG
approved life jacket at all times while on the boat. Erwin, the Coast Guard and the Tennessee Wildlife Resources Agency all recommend that all persons wear a Life Jacket while the rental boat is underway. Additionally, all persons must wear life jackets while swimming from the boat. Failure to observe these requirements may result in revocation of the Rental.
(9) Governing Law. This Agreement is governed, construed, and administered according to the laws of the state from which the rental originates i.e. the address/location, which is the location of the marina from which the Equipment is tendered to Customer; i.e. Tennessee, as the case may be, together with any applicable federal laws. No effect is given to any choice-of-law or conflict-of- law provision or rule (whether of the States of Tennessee or any other jurisdiction) that would cause the application of the law of any jurisdiction other than that of the state in which the applicable marina is located.
(10) Entire Agreement. This Agreement constitutes the integrated, complete and entire agreement of the parties with respect to the Rental of the Equipment. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the Rental of the Equipment. As between or among the parties, oral or prior written statements, or advertising material not specifically incorporated in this Agreement have no force or effect and are not a part hereof nor any inducement for the entry of this Agreement. The parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the provisions contained in this Agreement and no others. These provisions cannot be varied or amended except by a signed instrument in writing and signed by an authorized representative of Erwin.
(11) Acknowledgments:
– Duration of Agreement: Once agreement has been completed and submitted it is valid for the calendar year is was completed in.
– Refueling: Equipment will have a full fuel tank when Customer departs. The unit will be refueled to full at the conclusion of rental at the Customer’s expense. The cost of fuel at the pump needed will be deducted from Customer’s deposit. If Customer refuels during the rental period, ONLY 100% gasoline must be used. Under NO circumstances shall fuel with ethanol be used. Failure to follow this requirement will result in revocation of rental and possibly claims for damages.
– Cleaning Fee: If the boat is not returned in clean condition at the conclusion of the rental, Customer will be charged a
minimum $25 cleaning fee.
– Late Return Fee: Customer will be charged $75 per half hour if the boat is returned past designated return time.
– Pets: At Customer’s sole risk, dogs which weigh 25 Ibs. and under are allowed upon payment of an additional $25 pet fee. No dogs over 25 Ibs. are allowed and no other pets of any kind are allowed under any circumstances. Customer is expressly liable for any cleaning issues or damages caused by any pets.
(12) Enforceability. Should any term or condition of this Agreement be held void or unenforceable, then that term 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.
(13) Conclusion. At the conclusion of the rental, the boat condition will be inspected for any damaged incurred during the rental period by Erwin Boat Rentals and Customer. Damage and amount of repairs needed will be noted and determined at that time. The rental agreement will then be completed.