In order to speed up the rental process and get your party on the water as quickly as possible, we ask that you please filled out these forms before securing your next rental.
These forms can be filled out once and then stay valid for up to one month, then they must be renewed. Please make sure you read them all as the information on them is very important.
If you are renting a Pontoon, you only need to fill out the Pontoon US Coast Guard Checklist, and vice versa for a skiff. Thank you and we look forward to seeing you down at the docks!
-
NORTH CAROLINA RENTAL AGREEMENT:WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITYI. DISCLAIMER—CAUTION!! READ BEFORE SIGNINGA. This Rental Agreement: Waiver and Release of Liability, Assumption of Risk, and Indemnity (“Rental Agreement”) is applicable to all renters, operators, passengers, supervisors, and users of equipment provided by Rental Company. *(For purposes of this Rental Agreement, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Aquaholics Boat Rentals LLC). The undersigned agrees that he/she is also signing this Rental Agreement on behalf of any minor children for whom he/she is theparent, guardian, or otherwise responsible for care, custody or control. Renter agrees that he/she will disclose to Rental Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault (excluding conduct worse than negligence such as gross negligence) of Rental Company.B. You read, understand and agree to comply with North Carolina General Statutes 75A-16.2 (and, if this Rental Agreement concerns a personal watercraft, you have also reviewed 75A-13.3) and warrant that you and the undersigned persons are at least of the age and have the boating safety education required by law to operate the rented vessel.C. You must possess at all times and, upon request of Rental Company and/or a law enforcement officer present a copy of this Agreement, proof of age and compliance with North Carolina General Statutes 75A-16.2 (and, if this Rental Agreement concerns a personal watercraft, compliance with 75A-13.3). You must always comply with all state and federal laws during this rental.D. Rental Company has provided the undersigned with basic safety instruction (including, but not limited to, directions on how to safely operate the vessel rented and a review of the safety provisions of North Carolina General Statutes 75A-16.2 and 75A-13.3) prior to allowing any of the undersigned(s) to operate and/or board the leased vessel.II. EXPRESS ASSUMPTION OF RISK—CAUTION!! READ BEFORE SIGNINGI acknowledge that the operation or use of a watercraft has inherent risks that may lead to bodily injury or death. I further understand that I am not bound or required to participate in any of the activities presented to me, but I have willingly and voluntarily decided to participate. I realize that I am free to refuse to participate in any or all activities including those I feel uncomfortable with or which I feel cannot be completed safely by me. I knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with the rental, operation, or use of the watercraft or associated rental equipment, even if arising from the negligence, act or omission (excluding conduct worse than negligence such as gross negligence) of Rental Company, and assume full responsibilityfor my participation.III. RELEASE / COVENANT NOT TO SUE—CAUTION!! READ BEFORE SIGNINGI hereby release and hold harmless Rental Company from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me and/or any minor children for whom I am a parent, legal guardian, or otherwise responsible, whether caused by the negligence of Rental Company or otherwise. This includes any injury, disability, death, or loss or damage to person or property sustained as a result of a hidden, latent or obvious defect on the watercraft or any of the equipment used, or any failure to properly instruct, supervise or train. As part of the consideration for using the chartered equipment, I promise not to sue or make a claim against Rental Company for any damage or loss suffered as a result of my participation in the rental activities. It is the intent of this Rental Agreement to fully and completely release Rental Company from all claims, including claims for negligence (excluding claims for conduct worse than negligence such as gross negligence).IV. INDEMNITY / LIABILITY TO THIRD PARTIES—CAUTION!! READ BEFORE SIGNINGI agree that I will defend, indemnify and hold harmless Rental Company for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Rental Company, even if such damages arise out of the negligence or fault of Rental Company.V. GENERAL TERMS AND CONDITIONSI certify that I have received adequate and proper safety and operational instruction for the equipment and watercraft from rented from Rental Company and I am capable in all aspects of the handling and operation of such equipment and watercraft and following all safety instructions. I agree not to use, nor permit the use of the equipment for (a) any unlawful purpose; (b) in a careless, reckless, or negligent manner; (c) while under the influence of alcohol and/or drugs; or (d) in violation of the safety instructions I received from Rental Company.This Rental Agreement sets forth the entire agreement and understanding between the parties, and all previous discussions, understandings, representations, negotiations, and agreements with respect to the matters included in this Rental Agreement are merged herein. Additionally, the consideration recited herein is the full, complete and entire consideration for this Rental Agreement, and there is no further consideration to be paid by any party to any other party other than as recited herein. If any provision or part of a provision of this Rental Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of the Rental Agreement shall remain valid and enforceable by any party. The parties agree that any litigation arising out of this agreement shall occur, if at all, in the United States District Court for the Eastern District of North Carolina; however, Rental Company (and only Rental Company) reserves the right to select any forum where the vessel or a vessel related to this rental agreement or any action arising out of it my be located. The parties agree that the general maritime and admiralty laws of the United States shall govern any dispute arising out of this agreement; to the extent the general maritime and admiralty laws of the United States are silent as to any particular issue arising out of this agreement, then the laws of the State of North Carolina shall apply to any such issue. In the event Rental Company prevails in any litigation or claim relating to the enforcement of the provisions contained herein, I agree to pay and indemnify Rental Company for its litigation expenses, including reasonable legal fees and court costs.I expressly warrant and represent that before executing this Rental Agreement I have fully informed myself of the terms, conditions and effect of this Rental Agreement, and that I have relied solely on my own judgment in executing this document.I have read the terms of this Rental Agreement, including the provisions regarding Assumption of Risk, Release and Covenant Not to Sue, and Indemnity, and I understand that I am giving up substantial rights in consideration for my use of Rental Company’s watercraft and equipment. I enter into this Rental Agreement freely and voluntarily without any inducement.CAUTION!!! READ ENTIRE TWO PAGES OF DOCUMENT BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES ALL LIABILITY AGAINST RENTAL COMPANYSignature below indicates that you have read this entire document and agree to its terms and conditions.
-
The North Carolina General Assembly has enacted a Boating Safety Act. General Statutes affected include 75A-16.2 (entitled “Boating Safety Education Required”) and 75A-13.3 (entitled “Personal Watercraft”). Both statutes may affect your livery operations; the latter carries criminal implications for failing to comply. Copies of those two statutes are enclosed; they and other North Carolina statutes may currently be found at:
http://www.ncga.state.nc.us/gascripts/statutes/statutes.asp .
By signing this document, you are confirming that you have read, understand and agree to comply with all applicable laws and regulations (federal, state and local; as well as changes thereto as and when they occur) concerning your operation.
-
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-282
SENATE BILL 43*S43-v-4*
AN ACT TO IMPROVE BOATING SAFETY BY REQUIRING BOATING SAFETY EDUCATION PRIOR TO OPERATING A VESSEL WITH A MOTOR OF TEN HORSEPOWER OR GREATER, AS RECOMMENDED BY THE JOINT SELECT COMMITTEE ON MANDATORY BOATING SAFETY EDUCATION.
The General Assembly of North Carolina enacts:
SECTION 1. Article 1 of Chapter 75A of the General Statutes is amended by adding a new section to read:
Ҥ 75A-16.2. Boating safety education required.
(a) No person shall operate a vessel with a motor of 10 horsepower or greater on the public waters of this State unless the operator has met the requirements for boating safety education.
(b) A person shall be considered in compliance with the requirements of boating safety education if the person does one of the following:(1) Completes and passes the boating safety course instituted by the Wildlife Resources Commission under G.S. 75A-16.1 or another boating safety course that is approved by the National Association of State Boating Law Administrators (NASBLA) and accepted by the Wildlife Resources
Commission;
(2) Passes a proctored equivalency examination that tests the knowledge of information included in the curriculum of an approved course;
(3) Possesses a valid or expired license to operate a vessel issued to maritime personnel by the United States Coast Guard;
(4) Possesses a State-approved nonrenewable temporary operator’s certificate to operate a vessel for 90 days that was issued with the certificate of number for the vessel, if the boat was new or was sold with a transfer of ownership;
(5) Possesses a rental or lease agreement from a vessel rental or leasing business that lists the person as the authorized operator of the vessel;
(6) Properly displays Commission-issued dealer registration numbers during the demonstration of the vessel;
(7) Operates the vessel under onboard direct supervision of a person who is at least 18 years of age and who meets the requirements of this section;
(8) Demonstrates that he or she is not a resident, is temporarily using the waters of this State for a period not to exceed 90 days, and meets any applicable boating safety education requirements of the state or nation of residency;
(9) Has assumed operation of the vessel due to the illness or physical impairment of the initial operator, and is returning the vessel to shore in order to provide assistance or care for the operator;
(10) Is registered as a commercial fisherman or a person who is under the onboard direct supervision of a commercial fisherman while operating the commercial fisherman’s boat; or
(11) Provides proof that he or she is at least 26 years of age.Any person who operates a vessel with a motor of 10 horsepower or greater on the waters of this State shall, upon the request of a law enforcement officer, present to the officer a certification card or proof that the person has complied with the provisions of this section.
(c) Any person who violates a provision of this section or a rule adopted pursuant to this section is guilty of an infraction, as provided in G.S. 14-3.1. The court shall assess court costs for each violation but shall not assess a penalty. A person may not be convicted of violating this section if, when tried for the offense, the person produces in court a certification card or proof that the person has completed and passed a boating safety course in compliance with subdivision (b)(1) of this section.
(d) No unit of local government shall enact any ordinance or rule relating to boating safety education, and this law preempts all existing ordinances or rules.
(e) An operator of a personal watercraft on the public waters of this State remains subject to any more specific provision of law found in G.S. 75A-13.3.”SECTION 2. G.S. 75A-13.3 reads as rewritten: ”
§ 75A-13.3. Personal watercraft. …(b) Except as otherwise provided in this subsection, no person under 16 years of age
shall operate a personal watercraft on the waters of this State, and it is unlawful for the owner
of a personal watercraft or a person who has temporary or permanent responsibility for a person
under the age of 16 to knowingly allow that person to operate a personal watercraft. A person
of at least 14 years of age but under 16 years of age may operate a personal watercraft on the
waters of this State if:(1) The person is accompanied by a person of at least 18 years of age who physically occupies the watercraft; watercraft and who is in compliance with G.S. 75A-16.2; or
(2) The person (i) possesses on his or her person while operating the watercraft, identification showing proof of age and a boating safety certification card issued by the Commission or Commission, proof of other satisfactory completion of a boating safety education course approved by the National Association of State Boating Law Administrators (NASBLA); (NASBLA), or proof of other boating safety education in compliance with G.S. 75A-16.2; and (ii) produces that identification and certification card proof upon the request of an officer of the Commission or local law enforcement agency.
…
(c3) A vessel livery shall provide the operator of a leased personal watercraft with basic safety instruction prior to allowing the operation of the leased personal watercraft. “Basic safety instruction” shall include direction on how to safely operate the personal watercraft and a
review of the safety provisions of this section. A vessel livery that fails to provide basic safety instruction is guilty of a Class 3 misdemeanor…..”SECTION 3. This act becomes effective May 1, 2010.
In the General Assembly read three times and ratified this the 30th day of June, 2009.s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
GovernorApproved 11:17 a.m. this 10th day of July, 2009
-
Please contact us for access to this form.
-
Please contact us for access to this form.