Rental Terms and Conditions

(270) 242-7205

www.waxmarinanolin.com

Security Deposit $300 for Pontoons, $500 for Luxury Pontoons, $750 for Jet Skis

All rentals require a credit card

Name:_______________________________ Rental Dates: __________________

You must be 18 to rent/drive rentals with valid driver’s license

Our boat must be returned to the dock by 5:00pm CST (6:00pm CST on Saturdays).

Please have a GPS app on your phone and mark the dock’s location. Look for visual land markers to easily find your way back on time. It should go without saying, but please have a 12v charger with you for your phone.

In consideration of the agreement herein, Constant Motion Inc. dba Wax Marina (herein after referred to as the LESSOR) agrees to lease to the undersigned (herein after referred to as the LESSEE) the craft and equipment described herein. In the event the craft is not returned at time specified (boat is restricted to operation only between dawn and dusk) Said LESSEE agrees to pay for OVERTIME at rate of $25.00 per each half-hour.

ACKNOWLEDGEMENT OF RISKS – The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Changing water flow, tides, currents, wave action and ships’ wakes; 2) Collisions with any of the following: other participants, the boat’s, other boats, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

EXPRESS ASSUMPTION OF RISK- The undersign herby agrees that he/she is renting, operating or using the equipment provided by Cincinnati Boat Rental, at his/ her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, The undersigned assumes full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fracture or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/ or contusions; head, neck, and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks and assumes all risk injury, illness, damage or loss might result, regardless of the cause.

This certifies that I (We), the LESSEE (S) am/are experienced and capable in all aspects of the handling and operation of the craft such as the one rented above. LESSEE agrees said craft will not be occupied by a greater number of persons that is shown in this rental agreement. I, the LESSEE (S) am/are aware of the wake areas and am/are responsible any damages by my wake.

DO NOT ALLOW ANYONE TO RIDE ON OR TO HANG OR DANGLE THIER LEGS AND ARMS OFF THE BOW OF THE BOAT WHILE THE BOAT IS IN MOTION - IT'S THE LAW! NO DIVING OR JUMPING OFF BOATS WHILE IN MOTION. YOU MUST HAVE A FULLY CHARGED CELL PHONE ON BOARD AND KEEP IT TURNED ON! IF A STORM COMES IN, DOCK AT THE NEAREST PUBLIC LOCATION AND GET TO A SAFE LOCATION. CALL FOR INSTRUCTIONS. - DO NOT ATTEMPT TO RETURN TO DOCK DURING A STORM, BALANCE THE PASSENGERS TO LIST TO ONE SIDE OR RIDE BOW DOWN IN THE WATER. NEVER START THE ENGINE UNTIL EVERYONE IS SAFELY IN THE BOAT! NEVER START THE ENGINE IF THE PROPELLER IS OUT OF THE WATER! WHEN A LARGER BOAT APPROACHES YOU, BE AWARE THAT THEIR WAKE COULD SWAMP YOUR BOAT, SLOW DOWN.

The LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both craft and equipment in a safe, dependable condition while in he/she has custody.

LESSEE agrees not to use, nor permit the use:

Of the rental craft for any unlawful purpose;
Of the rental craft in a careless or negligent manner;
Of the rental craft while under the influence of alcohol, narcotics; or any other drugs

Lessee acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY LESSEE that the LESSOR shall not be held liable for damages inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR and its agents, affiliates, and personnel from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any LESSEE’S personal property while carried in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever.

LESSEE expressly agrees to indemnify and hold LESSOR and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by LESSOR, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by LESSOR, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action hereunder shall be in the county of LESSOR.

LESSOR’S ability to provide a rental craft if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR’S control.

It is specifically agreed and understood that the boat and its gear and equipment when received for use in accordance with the rules and regulations of the Division of Water Safety, are in seaworthy condition, mechanically, and otherwise, and the undersigned agrees to return the said boat, and all gear and equipment in the same condition, ordinary wear and tear expected to the dock office from which it was rented, including propeller. _________ (Acknowledged/Initialed by Renter)

All gas tanks are full on departure and renter is responsible for paying for all gas used while boat is in renter’s possession.

Your security deposit will not be returned until the boat is inspected upon return and found to be in the same condition as when departed, including prop.

I understand all persons on board must have U.S. Coast Guard approved personal floatation devices (PFD’s) of the type and quality as prescribed by the USCG and the KY. DIV. of Water Safety.

Should any term or condition of Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the unenforceable, then that term shall be deemed severed from this Agreement and the enforceability and the remainder shall not be affected and will remain in full force and effect.

I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON ENTIRE CONTRACT; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.

Lessor ________________________ Lessee ___________________________

Constant Motion Inc. dba Wax Marina

ABSOLUTELY NO SMOKING ON ANY BOATS Violations result in $300 being deducted from your deposit.

WATCH OUT FOR LOGS AND DEBRIS AT ALL TIMES! If there is too much debris in the water return to the dock immediately and call to reschedule. PROP REPLACEMENT: $300.00

GASOLINE

Extra on all rentals- tank is full at departure and should be refueled upon return.

CLEANLINESS

Any boats returned extremely muddy, dirty, with food bits, bottles, cans and trash strewn about will be subject to an additional $50 cleaning charge deducted from your deposit. Pets are allowed with prior approval and precautions must be taken for the cushions or the damage will be deducted from your security deposit.

We do not allow cooking/grilling on the boat and use caution with drinks that stain.

SAFETY GEAR

Throw cushion, fire extinguisher, and safety equipment are not to be used for any purposes other than in the event of an emergency. Any equipment misused will have to be paid for in full. We provide safety equipment for the vessel with the exception of infant and some child size vests. Anyone under the age of twelve must wear a life vest at all times.

WEATHER

In the event of bad weather, please call to reschedule your rental date. No refunds are given.

Lessor __________________________ Lessee ________________________

Rental, Waiver and Release of Liability Agreement

PLEASE READ CAREFULLY BEFORE SIGNING

NOTE: This Rental, Waiver and Release of Liability Agreement is intended to be a legally binding document. Read this document carefully and completely. You may wish to consult an attorney to obtain advice about this document. By your signature on this Rental, Waiver and Release of Liability Agreement, you indicate your acceptance of all terms and conditions below.

Constant Motion Inc. dba Wax Marina, a corporation organized and existing under the laws of the state of Kentucky, with its principal office located 957 Overlook Drive, Brooks, KY 40109, referred to herein as Company has arranged for you to rent

Whereas, all persons renting and/or using the rented item are required to sign and agree to the terms of this Rental, Waiver and Release of Liability Agreement prior to rental of the Equipment;

Now, therefore, for and in consideration of mutual covenants contained in this Agreement, and as an express condition to your rental or use of the Equipment, the undersigned hereby agrees to the following:

The undersigned is aware that participation in the operation of a boat, boating as a passenger, water sports such as tubing, water skiing, and all associated involves the risk of injury or even death. The undersigned is also aware that there is a risk of negligence by the Company or agents of the company, including the failure by the Company or agents of the Company to safeguard or protect me from or warn me of the risks, dangers and hazards of participation in water sports activities using the Equipment. I freely accept and fully assume all risks, dangers, and hazards associated with the renting and use of the Equipment described above to participate in water sports activities, including the possibility of loss, personal injury or death resulting from therefrom. These risks may include property damage, personal injury or death, which may result in part from turbulence, mechanical or equipment malfunctions, water sports accidents, risk of drowning, water reefs, rocks, serious lacerations or other accidents. The undersigned, after careful consideration, expressly assumes these risks and agrees to release the Company and its directors, officers and employees from any and all liability associated with these risks.

2. The undersigned hereby agrees to indemnify and hold Company and its officers, directors, agents and/or employees harmless from any and all liability for any property damage or personal injury to any third party.

3. The undersigned hereby WAIVES AND RELEASES ANY AND ALL CLAIMS AND DEMANDS OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PERSONAL INJURY, DEATH or OTHERWISE, WHETHER OR NOT IMMEDIATELY APPRAENT, which the undersigned may, now and forever, have against the Company and/or its officers, directors, agents and employees, resulting, directly or indirectly, from the use of Equipment in any manner whatsoever.

4. The undersigned hereby acknowledges that he/she is responsible for their own suitability to use the Equipment in water sports activities and is hereby strongly encouraged to consult a physician prior to participation in water sports activities with said Equipment should they have any concerns such as, but not limited to pregnancy or physical impairment; including but not limited to swimming ability.

5. When engaging in the rental or use of the Equipment, I agree to accept all responsibility to maintain the condition and whereabouts of all the Equipment rented for the entire rental period and pay all repair and/or replacement costs for any item of Equipment that is damaged or stolen during the rented period.

6. This Waiver and Release of Liability Agreement shall be governed and construed by the laws of the state of Kentucky.

7. If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or void, it shall be severable from the remaining provisions and shall not affect their subsequent enforceability or validity.

8. COMPANY IS NOT THE MANUFACTURER OF THE EQUIPMENT, AND MAKES NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE FITNESS, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY, PERFORMANCE OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. Company further disclaims any liability for loss, damage, or injury to the undersigned or third parties as a result of any defects, latent or otherwise, in the Equipment whether arising from Company’s negligence or application of the laws of strict liability. The undersigned hereby leases the Equipment “AS IS” on all faults basis.

9. By signing below, the undersigned (or, if the undersigned is under the legal age of 18, the legal guardian of the undersigned) has read, considered and expressly agreed to all of the terms and conditions of this Waiver and Release of Liability Agreement as of the date written below. This Waiver and Release of Liability Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

________________________________ __________________________________

(Printed Name of the Renter) (Printed Name of the Parent or Guardian)

________________________________ __________________________________

(Signature of Renter) (Signature of Parent or Guardian)