BRITTINGHAM BOATS, LLC.
701 W. Brittingham Place Madison, WI 53715
WAVIER & LIABILITY RELEASE
This agreement is entered into between the undersigned participant and/or parent and Brittingham Boats, LLC., a Wisconsin Limited Liability Company with its registered office located at 824 Knickerbocker St., Madison, Wisconsin 53711. Brittingham Boats rents Motorcraft, private rental spaces and provides related events and activities on or at the Monona Bay location (701 W. Brittingham Place Madison, WI 53715).
RULES: The UNDERSIGNED person(s) agree to obey all rules of Brittingham Boats LLC. The Rules are designed to keep renters and the equipment safe. Participants who violate written or verbal rules shall be warned and subsequent violations shall result in the suspension of use without refund or reinstatement. All rules are subject to change and the latest rules will be posted in clear view at Brittingham Boats. It is the responsibility of the undersigned to know or ask for clarification of rules.
TERMS: Brittingham Boats LLC agrees to rent to Customer the described boat(s), private rental spaces and/or items and equipment described in either the Boat Check Out/in Sheet or Lakeside Patio Checklist (the “Rentals”) for the time period indicated in the customer reservation. Customer accepts full and complete delivery of the Rentals and shall be responsible for the operation and charges incidental to the use of the Rentals during the use period. Customer further represents that all information he/she provided to Brittingham Boats, LLC is true and correct. Customer agrees to pay all fees and other charges provided for in this Agreement.
SECURITY DEPOSITS – Motorcraft: Customer will deposit with Brittingham Boats LLC a security deposit in the amount of $100 prior to use of the Rentals, and Customer agrees that this deposit shall be for the use of by Brittingham Boats LLC pursuant to the terms of this Agreement. This security deposit may be applied to satisfy any obligations of Customer but the existence and application of the security shall not excuse the Customer from the performance of any obligation in this Agreement. Customer is responsible for and shall pay for any and all damage to the Rentals including lost, broken, stolen, or damaged Rentals, and Customer may subsequently be charged for the same. Customer’s liability is not limited to the amount of the Customer’s security deposit and said security deposit will be increased for the repair of any damages of loss of Rentals and such charges for consumable items as may have been used and not paid during the term of the use period. A claim of no signature for the damage charges will be considered non-applicable and charges will apply. Customer hereby gives permission to apply any and all applicable charges to Customer’s credit card used to satisfy the security deposit and at later dates to cover all damage estimates to said Rentals(s). In case of damage where the cost of which is not immediately ascertainable the security deposit shall be retained and any portion of this deposit that has not been applied by Brittingham Boats LLC shall be returned to the Customer within 30 days of the termination of this contract.
SECURITY DEPOSITS – LAKE SIDE PATIO: No security deposit is required.
ASSIGNMENT: Customer will use said Rentals for their own use and Customer shall not assign or sublet the Rentals for hire. Customer will comply with all federal, state, and municipal laws and regulation applicable to Customer’s use. Customer will operate said Rentals in a careful and prudent manner. If Customer fails to comply with this Agreement, then Brittingham Boats LLC or its agent is hereby authorized to repossess the same at any time without interference from Customer or any person in possession of the same for which the customer shall be further responsible for all costs occasioned thereby.
CONDITION OF RENTALS UPON DELIVERY: Brittingham Boats LLC hereby delivers the Rentals in good operable condition, and in proper working order with full equipment inclusive of that required by law, and in clean and good condition throughout ready for service. Customer certifies that Customer will examine all items and equipment before use and agrees that the Rentals are safe, operable, and properly outfitted and found no defects except those noted in writing at the time of acceptance of delivery. Should the Customer not be present or not ready to accept delivery of the Rentals, for whatever reason, at the specified time, Brittingham Boats LLC reserves the right to rent the Rentals to someone else. Upon delivery of the Rentals to the Customer, and during the entire use period, Customer shall be responsible for the operation, control, and possession of the Rentals, as well as expenses associated therein, except as may be noted otherwise in this Agreement.
ACCIDENT, BREAKDOWNS, UPSET: In case of any accidents while Rentals are in the possession of the Customer (with other boats, people or property), it is the responsibility of the customer to contact the proper agency to report any and all accidents while the Customer is in control of the Rentals. At no time will Customer leave the scene of any accident. In case of an accident, the Customer shall notify Brittingham Boats LLC and the local law enforcement immediately. Customer understands and agrees that in the event of a collision, accident, or other casualty the Customer shall take whatever reasonable steps are required to minimize or mitigate any danger, damage, or injury. Customer further agrees to cooperate fully, as may be necessary or required with all investigations conducted by Brittingham Boats LLC or any governmental agency or department. No repairs may be performed to the Rentals without permission from Brittingham Boats LLC.
The Customer will assume responsibility for the Rentals while they are in their possession. If Customer damages the Rentals, they will be repaired as quickly as possible. No replacement Rentals will be provided and no refund will be made for down time of the remainder of the rental period while the Rentals are being fixed due to Customer caused damage. The Customer agrees to pay for any and all damages to said Rentals, which may include but are not limited to parts, labor, motor, props, outdrives, or other mechanical and moving parts while on lease, including lost rental revenue when Rentals are unavailable due to Customer damage. Brittingham Boats LLC will get a damage estimate as soon as possible. Customer understands that it may take several days for all estimate(s) for damage caused to the Rentals.
Customer will accept all estimate(s) for repair and pay Brittingham Boats LLC for Rental repair, plus state sales tax and credit card fees. For motorcraft rentals, all Rentals must be returned to their dock area as specified by the rental attendant. Customer agrees that any damages caused by retrieving Customer’s Rentals by Brittingham Boats LLC, its agent, or the Sheriff’s Office will be considered damage caused by Customer and will be deducted from the security/damage deposit. Additional charges may be applied dependent upon redelivery. For instance, the entire amount of the security deposit shall be forfeited if a boat is upset or overturned and such payment shall be in addition to any other charges or damages or lost Rentals. If it shall become necessary for Brittingham Boats LLC and its agents, employees and officers, as well as its affiliated or related entities and their agents, employees and officers to employ collections agents or to initiate any legal proceedings for the purpose of compelling legal enforcement of any provisions in this Agreement, Customer agrees to pay all costs and expenses, including attorneys’ fees, incurred by Brittingham Boats LLC.
INVENTORY AND REDELIVERY: Customer shall be responsible for payment of damaged or missing Rentals. Brittingham Boats LLC is not responsible for any personal items lost or left behind in or at Rentals at the time of redelivery.
OPERATION AND LIMITATION ON USE: By signing this Agreement the Customer and Authorized Users acknowledges that he or she is familiar with the safe operation of the rentals and knows all the rules and how to safely operate the Rentals. Customer and Authorized Users are responsible for making decisions on whether to use the Rentals in inclement weather, but will ultimately abide by instructions and limitations on use given by Brittingham Boats LLC and its agents. The Customer and Authorized Users agree to accept complete responsibility and liability for any and all property damage or bodily injury to property or persons that may result from their use. This includes personal or bodily liability to themselves, family, relatives, friends, or anyone arising from the use of the boat(s), the water toy(s) or the Roof Top Patio. Customer and Authorized Users further agrees to defend, hold harmless and indemnify Lessor from any property damage or bodily injury liability result from the rental, use, or handling of the Rentals.
For motorcraft rentals, the Customer certifies that Customer is over the age of 25 and that other Authorized Users (an Authorized User is an adult over the age of 25 who meets the requirements set forth in this Agreement and have signed below but have not supplied the credit card for the security deposit and damages) fully understand and are experience in the navigation and use of the Rentals. Customer and all Authorized Users (if any) further certifies, represents, and warrants that Customer will at all times operate and use the Rentals in a reasonable and prudent manner, having due regard for other watercraft, wakes, and all other attendant circumstances so as to not endanger the life, limb, or property of any person. Customer and all Authorized Users (if any) further warrants that at all times while operating and or using the Rentals, Customer will follow and comply with all safety and navigation markers, signs, and/or buoys as well as all marked and posted operation restrictions regarding speed, wakes, area access, and hazards; and all applicable laws and regulations.
With respect to the operation of the Motorcraft Rentals during the use period, Customer and all Authorized Users (if any) herein acknowledges that the operator of the boat is responsible for the safety and wellbeing of all passengers on the boat and other surrounding people and objects and thus agree to comply with all laws, Park rules, and operating rules of Brittingham Boats LLC. Any customer caught or observed breaking the law or this Agreement is subject to penalties including but not limited to forfeiture of deposit.
Operating Motorcraft Rentals under the influence of drugs or alcohol will result in your forfeiting of the damage/security deposit and confiscation of the Rentals and cancellation of this rental contract. Customer agrees that if the driver or user of said Rental is arrested for driving under the influence of intoxicants, all security deposits will be forfeited, plus any additional charges that may arise from said arrest.
Full and Complete Release of All Liability: I, the undersigned participant and/or parent/legal guardian, being of lawful age, understand that, as in all sporting activities, and particularly in water sports, there are hazards which pose risks of injury to participants. These risks include but are not limited to accidental drowning, injury caused by contact with hard or sharp objects, hypothermia, infection from water born substances, injury from collisions, or injuries resulting from broken or damaged equipment. I understand the nature of boating activities and potential injuries described above may increase in relationship to my [or my child’s] experience and capabilities. I believe I [and all passengers in my water craft including minors] have sufficient swimming and physical abilities necessary to participate in water sport activities and all other related activities.
I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS Brittingham Boats LLC., their administrators, directors, agents, officers, members, councilors, volunteers, employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises on which the activity takes place, (each considered one of the “releasees” herein) from all liability, claims, demands, losses, or damages on my account [or my child’s account] caused or alleged to be caused in whole or part by Brittingham Boats operations, including negligent rescue operations. I further agree that if, despite this release, I, [my child, or anyone in the Motorcraft] makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
As the primary renter, I understand that I am taking responsibility for all passengers, guests and their actions. I have read this agreement and I fully understand its terms and understand that I have given up substantial rights by agreeing to it. I have accepted it freely and without any inducement or assurance of any nature. I agree it is a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance shall continue in full force and effect.