Damage Liability Waiver – Master Craft

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Summit and Shore Alliance Boat Rental Agreement

This Boat Rental Agreement (the “Agreement”), along with the attached Participant Assumption of Risk, Liability Waiver, Release, and Indemnification Agreement (“Release Form”), is made between Summit and Shore Alliance (“SSA”) and the individual submitting this form (“Customer”).

1. Lease Terms

By signing this Agreement, the Customer:

• Confirms payment of the Rental Fee, Security Deposit, and optional Damage Waiver Fee (if selected);


• Acknowledges and agrees to the terms in the attached Release Form and Damage Waiver Terms.

The Customer is solely responsible for all individuals in their party who board, operate, or otherwise use the Vessel, and agrees to ensure that all such persons follow applicable safety instructions, rules, and laws.

2. Condition of Vessel

The Customer affirms they have inspected the Vessel and accepted it in good working condition. It must be returned in the same condition, normal wear and tear excepted.

3. Security Deposit

Refunded upon return of the Vessel in acceptable condition. Deductions may apply for cleaning, damage, replacement, or late fees.

4. Damage Waiver & Liability

a. Optional Damage Waiver

If selected, limits financial responsibility for accidental damage to the amount of the Security Deposit.


b. Without Damage Waiver

Customer assumes full liability for any damage, regardless of cause.


c. Theft Exclusion

Waiver does not cover theft. Customer is responsible for full fair market value in such cases.

5. Failure to Return

Late returns incur hourly fees up to the replacement value of the Vessel and will be deducted from the Security Deposit.

6. Use of Vessel

Customer agrees to:

• Use in accordance with safe boating practices and law;


• Not permit unlicensed, impaired, or unqualified operators;


• Monitor conduct of all persons on board.

7. Ownership and Access

The Vessel remains property of SSA. It may not be transferred, subleased, or modified. SSA may access the Vessel at any time for inspection or recovery.

8. Indemnification

Customer agrees to indemnify SSA from any claims, damages, or losses arising from use of the Vessel or conduct of any person in their party.

9. No Warranties

SSA makes no warranties, express or implied, regarding the Vessel's condition, merchantability, or fitness for a particular purpose.

10. Governing Law

This Agreement is governed under the laws of the applicable state. Disputes shall be resolved in that state’s courts.

11. Entire Agreement

This document and exhibits are the full agreement. Any invalid part does not affect the remainder. Amendments must be in writing and signed.

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Exhibit 1: Participant Assumption of Risk, Liability Waiver, Release, and Indemnification Agreement

Assumption of Risk

I understand that operating or being a passenger on a watercraft involves inherent risks including, but not limited to: collisions, drowning, capsizing, weather or wildlife exposure, equipment malfunction, and operator error. I accept these risks on behalf of myself and everyone in my party.

Waiver and Release

I waive, release, and discharge SSA from all liability arising from use of the Vessel, including claims of negligence, on behalf of myself and my party.

Indemnification

I agree to indemnify SSA from any claims brought by third parties due to the actions or omissions of myself or others in my party.

Medical & Insurance Acknowledgment

I certify I have insurance or financial means to cover any injury or damage. I understand SSA does not provide health or liability insurance.

Governing Law and Venue

This waiver is governed by state law. SSA may recover legal fees in enforcing this Agreement.

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Exhibit 2: Optional Damage Waiver Terms

Customer may purchase a $30 Damage Waiver, which:

• Limits liability for accidental damage to the Security Deposit amount


• Applies only during the Rental Term


• Is optional but recommended

Waiver Exclusions: Does not cover:

• Theft or total loss


• Damage from gross negligence or criminal conduct


• Damage outside the agreed term

Damage Waiver Accepted? □ Yes ($30 Fee) □ No (Customer assumes full liability)

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Please sign below to acknowledge your agreement to the terms above.