Rental_agreement

Aquatic Bermuda Boating and Equipment Rental Agreement

Terms and conditions of Hire from Aquatic Bermuda

1. This Agreement shall commence on the date specified in this agreement and shall continue until such time as the boating and rental equipment is returned to the company.

2. In this Agreement the term “boating and rental equipment” includes any and all watercraft and any and all items of equipment rented from Aquatic Bermuda (the “Company”).

3. The hire charge having been paid prior to the commencement of this Agreement, no part of such charge shall under any circumstances be returnable except at the discretion of the Company. The Renter shall return the Boating and Rental Equipment to such place as agreed on by both parties prior to commencement of this Agreement. If the Renter shall fail to return the Boating and Rental Equipment at the expiration of the period of hire, the Renter shall pay the Hirer for every hour elapsing between the time of such expiration and the time the Boating and Rental Equipment is returned to the Company at the Company’s standard rates.

4. The Renter shall also pay, prior to the commencement of hire, the deposit specified. The Company shall without prejudice to his other rights against the Renter be at liberty to retain such deposit and any additional charges payable as are set out in this Agreement.

UNDERTAKINGS AND WARRANTIES

1. I am 18 years or older. In the event that I have someone under my care and protection who is under the age of 18 years (minor) I hereby agree to all the terms and conditions on the minor’s behalf. In no circumstances will I allow a minor under the age of 16 years to operate any powered boating equipment.

2. I am in general good health and have no ailments and/or conditions that might affect my ability to operate and use the Boating and Rental Equipment and to safely take part in the water sports activities offered by the Company.

3. I shall at all times use the Boating and Rental Equipment in a careful, safe and proper manner and in accordance with all legal requirements and with the Company’s standard policy of insurance.

4. I have received instructions from the Company in the proper use and operation of the Boating and Rental Equipment and I understand such instructions and I undertake to operate the Boating and Rental Equipment in accordance with those instructions. I agree to abide by any decision of the Company as to my capability and proficiency.

5. I have carefully inspected the Boating and Rental Equipment and am satisfied that it is in good and safe working condition and I shall accept the full risk of any defects in the Boating and Rental Equipment or the manner of its operation whether or not the said defects be latent or patent. I will stop using the Boating and Rental Equipment immediately upon any indication that it is not in good working order and I will as soon as possible report any problem to the Company.

6. I shall not lend, share or permit the use of the Boating and Rental Equipment to any person who is not a party to this Rental Agreement and I understand that to do so is illegal.

7. The boundaries and danger areas have been explained to me and I understand them and undertake not to go beyond such boundaries nor enter into such danger areas.

8. I warrant that I am not, and will not be, under the influence of any intoxicating liquor or drug and I understand that the Boating and Rental Equipment will not be rented to me if the Company in their sole discretion is of the opinion that I am, or will be, under the influence of such substances.

9. I understand that I am responsible for returning the Boating and Rental Equipment to the Company in the same condition as it is now. I agree to be personally liable for any loss or damage to the Boating and Rental Equipment and I undertake to pay the Company the cost of the Company having to repair or replace any Boating and Rental Equipment that is lost, stolen or damaged while under my care as well as lost revenue directly attributable to the boating or rental equipment being out of service during the time it is being repaired.

10. I have read and understand all the terms and conditions herein and I understand that there are no exceptions to any of the rules and warranties and I agree to abide by all of them and I am capable of abiding by them. I have entered into this Boating and Rental Equipment Agreement freely in accordance with its terms and no representations have been made by the Company or its agents to induce me to enter into this Agreement.

WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION of the company agreeing to allow me, and any Minor under my care and protection, the use of its Boating and Rental Equipment:

11. I am AWARE that there are many RISKS, DANGERS AND HAZARDS inherent or associated with the use of the Boating and Rental Equipment and my participation in any water sports activities offered by the Company including but not limited to DEATH, LOSS OR DAMAGE OR PERSONAL INJURY to myself (or to a minor under my care and protection) or to any property of any kind, and I FREELY ACCEPT AND FULLY ASSUME all of such RISKS, DANGERS AND HAZARDS.

12. I HEREBY FULLY AND FOREVER RELEASE THE COMPANY as owners together with any employees, agents, attorneys, insurers, successors, heir assigns and all other persons authorized by aforesaid entities (collectively the “Releasees”) FROM ANY AND ALL CLAIMS AND LIABILITIES OF EVERY NATURE AND KIND WHATSOEVER AND UNDER ANY LAWS OF ANY JURISDICTION FOR ANY INJURY, LOSS OR DAMAGE OCCASIONED BY REASON OF PERSONAL INJURY OR DEATH to myself or any other person and all other loss, costs and expenses whatsoever sustained and incurred, known or unknown now existing or which may result from the use and operation of the Boating and Rental Equipment or by reason of any act or omission by the Releasees including any default or negligence by the releasees in regard to the condition, maintenance or repair of the Boating and Rental Equipment or otherwise and whether occasioned by the negligence of the Releasees, their servants, employees, agents or otherwise. I give this release freely and voluntarily without any duress or coercion.

13. I HEREBY AGREE TO INDEMNIFY THE COMPANY as owners together with any employees, agents, attorneys, insurers, successors, heir assigns and all other persons authorized by aforesaid entities (collectively the “Indemnitees”) from all claims, suits, actions, damages, loss liability and expenses including reasonable attorney’s fees for the loss of life or personal injury to any person including the Indemnitees, their invitees and licensees, damage to any property including that of the Indemnitees their invitees and licensees, or other damage or loss whatsoever and whensoever resulting in any manner from any cause, occurrence or condition arising out of my presence in, upon, at or from the premises occupied by the Company for the hiring.

This Agreement shall be governed by and construed in accordance with the law for the time being enforced in Bermuda and the parties agree to submit to the exclusive jurisdiction of the Courts thereof.

I understand that this document shall be effective and binding upon me and, in the event of my death, on my heirs, executers, administrators, personal representatives, successors and assigns.