Kenzi Boats Release of Liability
(a) When the term “Agreement” is used herein, it means this Boat Rental Agreement and Release of Liability, including all of the terms and conditions set forth herein.
(b) When the term “Kenzi Boats” is used in this Agreement, it means Kenzi Boats Inc.’s shareholders, directors, officers, employees, servants, agents, representatives, successors, and assigns.
(c) When the term “Boat” is used in this Agreement it means any boat provided by Kenzi Boats to Renter/ passenger and/or Operator, any associated motor or engine and propeller, and any accessory equipment such as flares, fire extinguishers, paddles, and life jackets.
(d) When the term “Renter” is used in this Agreement, it means the individual whose name appears on the booking.
2. CANCELLATION AND CLEANING.
(a) If Renter cancels more than 48 hours prior to scheduled start time, a $50 cancellation fee will be charged. If Renter cancels less than 48 hours prior to scheduled start time, the full rental fee is forfeited. The foregoing applies regardless of the reason for cancellation, including but not limited to inclement weather, engine failure, etc.
(b) Renter is responsible for a $50.00 cleaning fee for any mud, bedding, beverages, garbage, and/or debris left in or on the Boat.
3. RELEASE AND WAIVER OF CLAIMS.
In consideration of being allowed to use the facilities and participate in the operation of vessels, water skiing, wake boarding, tubing and related activities provided by Kenzi Boats, the renter and their guests, on behalf of themselves and their minor children, hereby release and discharge Kenzi Boats from all liability, claims, damages, causes of action, suits, and actions whatsoever in law or equity, known or unknown, which Renter and their guests, or their minor children may now or in the future have which in any way relate to, or arise out of, the rental or use of the Boat, even if such liability arises out of or is based on the negligence or other fault of Kenzi Boats. This release includes, but is not limited to, the release of claims for personal injury, death, and property damage.
4. INDEMNIFICATION. Renter and Operator, jointly and severally, hereby agree to indemnify and hold harmless Kenzi Boats from and against all claims for damages by others, including claims by passengers, and including claims for personal injury, death, or property damage, in any way relating to, or arising out of, the rental or use of the Boat, even if such claim arises out of or is based on the negligence or other fault of Kenzi Boats.
7. ACKNOWLEDGMENT AND ASSUMPTION OF RISK. Renter and their guests, on behalf of themselves and their minor children, acknowledge that the use of the Boat is an activity that involves inherent risks and dangers, including the risk of collision with other water craft, collision with man-made or natural objects, engine failure, inclement weather, slipping, falling, drowning, seasickness, sunburn, and other personal injury, death, and property damage. Renter and their guests, on behalf of themselves and their minor children, voluntarily accept and assume all risks, known and unknown, in any way associated with boating and the use of the Boat, even if the risk arises out of the negligence or other fault of Kenzi Boats.
8. COVENANT NOT TO SUE. Renter and their guests, on behalf of themselves and their minor children, hereby agree not to sue or make a claim against Kenzi Boats for any damage or loss relating to, or arising out of, use of the boat.