• Gilmer Off-Road Rentals LLC

  • JET SKI RENTAL AGREEMENT AND WAIVER OF LIABILITY

  • PLEASE PRINT NAME OF PERSON FINANCIALLY RESPONSIBLE FOR UTV/TRAILER

  • Format: (000) 000-0000.
  • NO INSURANCE PROVIDED BY OWNER: Gilmer Off-Road Rentals, LLC does not provide liability insurance, property damage insurance, collision coverage, or any other form of insurance for the renter or any third party. The renter is solely responsible for all injuries, damages, losses, and liabilities that occur during the rental period, whether on-site or off-site.
  • LATE RETURN CHARGES: If the Jet Ski/Personal Watercraft (PWC) is returned late, the renter will be assessed the following late fees: $50 for the first 30 minutes past the scheduled return time; $100 for late returns between 31 minutes and one hour past the scheduled return time; and an additional $100 for each hour (or portion thereof) beyond one hour. No refunds or credits will be given for early returns or unused rental time.
  • DAMAGE: The renter is fully responsible for any and all damage to the Jet Ski / Personal Watercraft (PWC) during the rental period, regardless of cause, including but not limited to fiberglass hull damage, gelcoat scrapes, impeller/wear ring damage from sucking up rocks or debris, mechanical or engine damage due to capsizing, improper operation, or failure to follow marine safety rules and wake zones. If the Jet Ski is returned damaged, the security deposit will be forfeited and is due upon return. Additional fees may be assessed for deductibles, loss of use (up to 14 days), fuel, cleaning, damage due to abuse, and late returns.
  • DEPOSIT: A $1,000 security deposit is required for each rented Jet Ski and is due at the time of rental agreement signing. Payment must be made with a valid debit or credit card. This deposit will be returned to the renter at the end of the rental period, less any costs incurred by Gilmer Off Road Rentals LLC for towing, retrieval, or recovery of the Jet Ski, or repairs for damage caused by the renter or any other party during the rental period.
  • If damages exceed the $1,000 security deposit, the renter must give Gilmer Off Road Rentals 7 days to access the damage and provide a damage repair estimate. Upon receipt of an itemized repair bill, which will include charges for lost rental time (loss of use). The security deposit will be applied toward the deductible after all other fees have been assessed. The security deposit will not accrue interest.
  • INCLEMENT WEATHER: Gilmer Off-Road Rentals, LLC reserves the right to cancel this rental agreement at any time due to inclement weather, high winds, lightning, or unsafe water conditions. If a rental is cancelled due to weather, rental fees will be adjusted or prorated based on the actual time the Jet Ski was used. The availability of a reserved Jet Ski is contingent upon its timely return by the previous renter.
  • CONDITION OF EQUIPMENT: Renters must be at least 21 years of age. By accepting the Jet Ski, the renter acknowledges a thorough inspection of the unit, all safety equipment (including life jackets and safety lanyards), and accessories, and confirms they are in suitable, safe, and acceptable condition for the renter's intended use. The renter is responsible for maintaining the Jet Ski and all provided equipment in a safe and dependable operating condition throughout the rental period.
  • BREAKDOWN OR MALFUNCTION: The renter assumes full responsibility for the Jet Ski during the rental period. Should a malfunction, breakdown, or defect become apparent after the renter takes possession, Gilmer Off-Road Rentals LLC must be notified immediately. Continued operation of the Jet Ski after discovering a problem is at the renter's own risk, may cause catastrophic engine or propulsion damage, and is strictly prohibited.
  • SAFETY RESPONSIBILITIES: The renter acknowledges understanding and assumes full responsibility for operating the Jet Ski safely and in compliance with all applicable maritime laws, local boating regulations, and wake-zone restrictions. The renter is also responsible for the safety and welfare of all passengers, other vessel operators, and swimmers in the vicinity. Gilmer Off-Road Rentals LLC is not liable for any damages, inconvenience, or lost time resulting from accidents, breakdowns, or malfunctions of the rented Jet Ski.
  • HEALTH AND FITNESS: The renter affirms they are in good physical condition and free from any condition that could impair their ability to safely operate the Jet Ski. The renter certifies they are NOT under the influence of alcohol, drugs (legal or illegal), or any impairing substance at the time of rental and will not consume or use such substances at any time during the rental period. Operating the Jet Ski under the influence (Boating Under the Influence / BUI) is strictly prohibited and will result in immediate termination of the rental without refund, in addition to full financial responsibility for any resulting damage, injury, or loss.
  • INDEMNIFICATION AND HOLD HARMLESS: The renter agrees to indemnify and hold Gilmer Off-Road Rentals LLC harmless from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorney's fees) arising out of or in any way related to the use, operation, or possession of the rented Jet Ski, including claims for property damage, personal injury (including death). Gilmer Off-Road Rentals LLC assumes no responsibility for any loss or damage to the renter's personal property while it is in, on, or attached to the Jet Ski, regardless of cause, including water damage, submersion, malfunction, or theft.
  • RESTRICTIONS ON USE AND LOCATION: The renter is permitted to use the Jet Ski only within Lake O' the Pines (or at a designated off-site water body approved in writing by Gilmer Off-Road Rentals LLC. Once the Jet Ski leaves the launch or rental premises, the renter assumes full responsibility for its use, operation, and condition until it is returned and checked in by Gilmer Off-Road Rentals.
  • The renter is solely responsible for:
    • Operating the Jet Ski safely, responsibly, and in compliance with all applicable local, state, federal, and Coast Guard regulations.
    • Ensuring that Jet Ski operation is legal at their chosen location (including staying clear of restricted swim zones, wildlife sanctuaries, and private docks).
    • Ensuring that only authorized operators listed on this agreement operate the Jet Ski.
    • Maintaining control of the Jet Ski at all times and avoiding reckless or negligent behavior.
    The following activities are strictly prohibited at all locations:
    • Wake jumping (jumping the wake of other boats or vessels).
    • Beaching the watercraft (riding the Jet Ski directly onto sand, gravel, or rocks, which destroys the hull and impeller).
    • Spraying/Splashing other vessels, swimmers, or individuals ("spraying" or "rooster-tailing").
    • Riding within 100 feet of other watercraft, swimmers, docks, or shorelines at speeds above headway speed.
    • Use for towing tube/skiers unless explicitly authorized in this agreement.
    • Use for any unlawful purpose.
    • Careless, negligent, or erratic operation (including sharp, unsafe cutting/weaving).
    • Operation by any person not a signatory to this agreement.
    • Operating the Jet Ski while under the influence of alcohol, drugs, or any impairing substance.
    NO EXCEPTIONS. $200 FINE IF DISCOVERED.
    Gilmer Off-Road Rentals assumes no responsibility for citations, fines, water-patrol towing, impoundment, or legal consequences arising from the renter's operation of the Jet Ski at any location.
  • RESPONSIBILITY FOR LOSS OR DAMAGE:

  • The renter bears full responsibility for any and all loss or damage to the Jet Ski and all associated equipment, regardless of the cause, with the exception of normal wear and tear. The Jet Ski must be returned at the end of the rental period in the same condition it was received. In the event of damage or loss, Gilmer Off-Road Rentals LLC shall have the sole discretion to require the renter to either pay to restore the Jet Ski to good working order or replace it with a comparable Jet Ski in good condition.
  • RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT:

  • The renter hereby releases, waives, and forever discharges Gilmer Off-Road Rentals LLC, its owners, employees, agents, and assigns from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorney's fees) which the renter, their heirs, personal representatives, or assigns may have or claim to have arising out of or in any way related to the use of the rented Jet Ski. Furthermore, the renter agrees to defend, indemnify, and hold harmless Gilmer Off-Road Rentals LLC, its owners, employees, agents, and assigns from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorney's fees) arising from or in any way related to the renter's operation of the Jet Ski during the rental period. The renter is solely responsible for the payment of all claims brought by third parties (including but not limited to other boaters, passengers, or swimmers) arising from the operation and/or use of the Jet Ski during the rental period.
  • COSTS OF ENFORCEMENT; VENUE:

  • The renter agrees to be responsible for and to reimburse Gilmer Off-Road Rentals, LLC for all losses, costs, damages, legal fees (including reasonable attorneys' fees), and liabilities incurred by Gilmer Off-Road Rentals, LLC in enforcing the terms of this rental agreement. This includes, but is not limited to, expenses incurred in attempting to collect overdue rental fees, recover possession of the Jet Ski, or water-patrol retrieval costs, as well as all costs associated with any legal action or proceeding brought to enforce the provisions of this agreement. Any legal action or proceeding arising out of or relating to this rental agreement shall be brought exclusively in the county in which Gilmer Off-Road Rentals LLC is legally located or headquartered.
  • ACKNOWLEDGMENT OF RISK AND WAIVER; CONSENT TO AGREEMENT:

  • The undersigned hereby acknowledge that they have carefully read and fully understand the terms and conditions of this Rental Agreement and Waiver of Liability. They represent that they are signing this agreement voluntarily, in good faith, and with full knowledge of its legal significance and effect. The undersigned further acknowledge that operating a Personal Watercraft (PWC) / Jet Ski involves inherent risks of high-speed marine activities, including the risk of serious bodily injury, drowning, or death, and they voluntarily assume any and all such risks.
  • BY CHECKING THIS BOX, I CERTIFY AND ACKNOWLEDGE THAT (CHOOSE ONE):
  • DATE
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