Rental Waiver and Release of Liability Agreement
This waiver and release of liability agreement pertains to any and all rental & service items related to Oasis Wild Duck Marina LLC dba Wild Duck Marina (dba Kirkland Dock) which includes: (Boat rentals, Boat Slip Rentals, ,Jet Ski Rentals, RV Site Rentals, RV/Camper Rentals, Cabin/Condo/Reunion Hall rentals, golf cart rentals, crappie dock day passes and any other item(s) that may become property of Oasis Wild Duck Marina LLC



1. DISCLAIMER

This Rental Waiver and Release of Liability Agreement is applicable to all renters, operators, passengers, and users of watercraft(s), equipment or property provided by Oasis Wild Duck Marina, LLC dba Wild Duck Marina (dba Kirkland Dock) (For purposes of this Rental Waiver and Release of Liability Agreement, the term ''Oasis Wild Duck Marina, LLC dba Wild Duck Marina (dba Kirkland Dock)” includes all employees, agents, representatives, servants, assigns, successors, volunteers, insurers and subsidiaries of Oasis Wild Duck Marina, LLC dba Wild Duck Marina (dba Kirkland Dock). Oasis Wild Duck Marina, LLC dba Wild Duck Marina (dba Kirkland Dock) for the remainder of this agreement will be referred to as “Wild Duck Marina”. If any other rental agreement is used in addition to, or in conjunction with, this Release, the provisions of this Release shall prevail over any other clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on the behalf of undersigned's minor children. Renter further agrees that he/she will disclose to “Wild Duck Marina” all potential operators, passengers, and 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 of “Wild Duck Marina” or its Insurer.



2. EXPRESS ASSUMPTION OF RISK

The undersigned hereby agrees that he/she is renting, operating, or using the equipment and/or property provided by “Wild Duck Marina” 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 and/or property and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of “Wild Duck Marina” or its Insurer.



3. WAIVER/RELEASE OF LIABILITY

By the execution of this Release, the undersigned agrees “Wild Duck Marina” shall not be liable for any damages arising from personal injuries sustained by the undersigned or any 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 “Wild Duck Marina”. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that “Wild Duck Marina” shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that “Wild Duck Marina” shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY “Wild Duck Marina” whether such negligence is present at the signing of this Release or takes place in the future.



4.LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless 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 and/or property provided by “Wild Duck Marina”, even if such damages arise out of negligence or fault of “Wild Duck Marina” or its Insurer



5. ACKNOWLEDGMENT OF WAIVER AND RELEASE

The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Rental Waiver and Liability Release Agreement, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment and/or property from another rental facility, but has chosen to rent, operate, or use equipment and/or property from the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment and/or property. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring any legal action or to assert a claim of negligence against “Wild Duck Marina” or its Insurer



6.IMAGE USE AND CREDIT CARD ACKNOWLEDGMENT OF WAIVER AND RELEASE

I agree that “Wild Duck Marina” has the rights to use any of my images or videos for promotional use on ads or online. In signing this release, I acknowledge and represent that I HAVE READ THE FOREGOING Rental Waiver and Release of Liability Agreement, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed with no inducement; and that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made by the RELEASED PARTIES or relied upon by me; and I EXECUTE THIS RELEASE OF LIABILITY FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.



7. Security Deposit - (Watercraft Related Only)

A refundable $500 security deposit is required on each watercraft(s) and must be placed on a valid credit card. If one does damage to watercraft(s), and or fails to represent any of the items as set out, but not limited to, in the rental agreement, he/she forfeits the $500 security deposit and is responsible for all damage repairs which are payable immediately. For example, one sinks the boat he/she is required to replace the boat for equal or greater value.

I agree and authorize to pay all charges with Credit Card on record used in executing the rental(s) via online, by phone or in person for any and all damage/loss/theft that occurs during Rental. This is includes but not limited to any damages to vessel(s), lost or stolen property of Wild Duck Marina and fuel usage charges upon completion of the rental(s).

Please make sure that all intended operators complete and sign waiver(s). The sole financial responsibilty of all rental, damage, replacement and fuel charges will be that of the Primary operator/renter listed on the rental booking information/agreement


8.Damages and Loss of Equipment

I agree to pay for all damages to or loss of equipment belonging to or obtained from “Wild Duck Marina” resulting from my use whether damage is intentional or unavoidable from the listed items below:

Watercraft Rental Item Replacement Costs (If Applicable to rental):
Anchor - $150
Anchor Rope - $50
Tow/Ski Rope Damaged - $80
Tube Damages - Retail replacement value of exact tube to be determined at time of rental. (Minimum $175.00)
Life Jackets - $75/each
Propeller Damage/Replacement - $225
Bimini Damage - To be determined at time of rental return. (Minimum $250.00)
Cleaning Service Fee - $75 (To be assessed upon return)
Whistle/Lanyard Replacement - $10/Each Item
Key Replacement - $150
Tie Ropes - $15/each
Stereo Equipment - Replacement Cost + Rate of Installer (Minimum $300.00)
Upholstery Damages - Repair Cost + Fuel/Delivery Expense
Fuel Cap - $75
Depth Finder Transponder - $200
Depth Finder (Garmin) - $1000

Boat Slip Rental (Lifted Slips) Item Replacement Costs (If Applicable to rental):
Hydrahoist or Equivalent Boat Lift (6,000lb rating) - $13,000
Hydrahoist or Equivalent Boat Lift (8,000lb rating) - $16,000
Hydrahoist or Equivalent Control Panel - $950
Bumpers (Black Flat Panel 36"-42") - $150
Bumpers (Black Corner Panel) - $150
Trex/Composite Decking - $30/Linear Ft.
Individual Lift Part Repairs - Cost + 25% (Labor additional charge at $80/hr - 2 hour minimum)

Cabin/Home/Condo Replacement Item Cost and (Fees if applicable to rental):
Pet Cleaning Fee (No Pets Allowed) - $150
Smoke Cleaning Fee (No Smoking Allowed) - $150
Coffee Maker - $75
Refrigerator - $500
Bedding - $100 per Bed
Mattress - $200 per unit
Television (If Applicable) - $500
A/C Window Unit - $500
RV Plug Replacement - $150
RV Power Pedestal Replacement - $850
RV Water Spigot Replacement - $150
Window Replacement - Cost + 25%
Plumbing Repairs (If Fault of Renter) - Cost + 25%
Electrical Repairs (If Fault of Renter) - Cost + 25%

Cancellation Policy

Oasis Wild Duck Marina LLC dba Wild Duck Marina, dba Kirkland Dock Cancellation Policy:

1. No Show - In the event of a booking no call no show, the primary renter noted on the reservation will be responsible for 100% of the reservation cost and fees. No refunds will be given for a no call no show booking.

2. Under 48 Hour Notice Cancellation Request - If a guest calls or notifies withing 48 hours of the booking start date, ONLY a 50% refund will be given. All associated booking and credit card fees are non-refundable.

3. Under 14 Day Cancellation Request - If a guest calls or notifies inside of 14 days of the booking start date, a 75% refund will be given. All associated booking and credit card fees are non-refundable.

4. Cancellation Request 14 days or greater will be given a 100% refund of the reservation. All associated booking and credit card fees are non-refundable.

Thank you,

Wild Duck Marina
320 Hightop St.
325.784.7100 x 1
info@wildduckmarina.com

Kirkland Dock
401 Kirkland Dr.
325.784.7100 x 2
info@wildduckmarina.com