Rental Equipment Agreement, Waiver and Release of Liability
Kayaks, Biking, Paddleboards, Diving and Related Watersports Equipment
Bike, Boat (Kayak/SUP) and Equipment Rental Agreement between Wharf Marina, Inc., Marathon FL, herein called, “Lessor,” and the undersigned, herein called, “Renter.” This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify Wharf Marina, Inc. 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 Kayaking , Biking, Paddleboarding or Diving Equipment, premises or facilities or Renter’s participation in kayaking or paddle sports activities. By signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions that may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or employees of Wharf Marina, Inc..
- Renter shall obey all state, federal and local Boating, Biking & Diving Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting boats, bikes or equipment from Wheels-2-Go LLC. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental boats, bikes or equipment from Wharf Marina, Inc.
- Renter represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. If the Renter or any member of Renter’s party is a minor 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 and in no way holds the Lessor (Wharf Marina, Inc.) responsible or liable for any injuries, damages or losses.
- Renter shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental boats, bikes and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Wharf Marina, Inc.) the full cost of repair or replacement.
- Renter shall return boats, bikes and equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental boats, bikes 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 Biking, Kayaking, Paddleboarding and Diving 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 RENTAL BOATS. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use make Kayaking or Paddleboarding 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 Lessor (Wharf Marina, Inc.), its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, 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 bike, boat and/or Equipment.
- This agreement constitutes the entire agreement between Lessor and Renter and no term may be modified.