RENTAL AGREEMENT AND WAIVER BARREN RIVER STATE DOCK, LLC
THIS BOAT RENTAL AGREEMENT CONSTITUTES A CONTRACT BETWEEN RENTER AND
RUBRIGHT-BARREN RIVER STATE DOCK, LLC (d/b/a BARREN RIVER STATE DOCK AND
MARINA).
RENTER hereby rents from RUBRIGHT-BARREN RIVER STATE DOCK, LLC the above-described
vessel for the agreed rental fee for the dates indicated and upon the terms and conditions hereinafter set
forth:
(Rental and Damage Waiver Fees are exclusive of applicable taxes, fuel use, late fees and loss/damage to vessel
and/or its equipment and furnishings while in possession of RENTER.)
SECURITY DEPOSIT: Unless prior arrangements are made to pay via different means, fifty percent (50%)
of the full rental fee together with applicable taxes thereon is due and payable at the time of reservation and
the balance is due at time of rental. Security deposit is required and is due at the time of equipment check out.
Security deposit varies based on the boat you have rented. Any unused portion of the security deposit will be
released after the completion of the rental period, provided no damage to the equipment is found and no
additional charges have accrued as outlined under this agreement. BARREN RIVER STATE DOCK reserves
the right to inspect rental equipment up to thirty (30) days after the rental period, if necessary to have mechanics
or repairmen view and repair any damage that was incurred while RENTER had equipment in his/her
possession. The rental fee payment can only be made by cash or a valid credit card. NO CHECKS.
USE OF VESSEL: RENTER agrees that the vessel (1) shall not be used for any unlawful or commercial
purpose; (2) shall not be operated by the RENTER or any other person while under the influence of alcoholic
beverages or other controlled substances; (3) shall not be operated by any person other the RENTER or
RENTER’S guests who are at least twenty one (21) years of age and the holder of a valid driver’s license; (4)
shall not be operated during night time hours nor during periods of reduced visibility; (5) shall not be used to
pull other boats. Fishing is allowed only on boats designated as fishing boats. RENTER must request a fishing
boat. No grills are allowed on boats. No pets. RENTER shall abide by the passenger limit on rental boats.
RENTER’S EXPERIENCE: RENTER represents that he/she is experienced in the proper operation and
handling of vessels of like kind and understands the use of U.S.C.G. navigational aids and the Rules of the
Road with respect to operating vessels on the waterways.
SAFETY REQUIREMENTS: (1) Children under twelve (12) years of age must wear life preservers at all
times while on the rented vessel. It is the Law. Infants’ life jackets are not supplied, parents need to bring
their own or can be purchased at the Marina Store as available. (2) All passengers must remain inside the
vessel and not hang overboard during periods of operations.
EXAMINATION OF VESSEL: RENTER acknowledges that he/she has personally examined the vessel, it’s
propeller, equipment and furnishings and found them all to be in good state of repair and that the matters set
forth in the vessel check out list have been thoroughly reviewed by RENTER prior to acceptance of the vessel.
CREDIT CARD ON FILE: RENTER agrees to provide BARREN RIVER STATE DOCK with a valid credit
card to be kept on file. This card shall be charged if damage or additional RENTER charges exceed the security
deposit, for additional rental time, the purchase of additional equipment, late fees and/or other incidentals.
RENTER hereby irrevocably authorizes BARREN RIVER STATE DOCK to charge RENTER’S credit card
on file for all the foregoing charges.
HOURS OF OPERATION: Full day rentals begin upon opening of marina. All rentals must be returned one
(1) hour prior to marina closing. A late fee of $100.00 for every fifteen (15) minutes shall be automatically
charged for late arrivals. NO EXCEPTIONS. Minimum rental time is two (2) hours.
AREAS OF OPERATION: No vessel shall be operated within five hundred feet (500 ft) of any dam nor near
any towboat or other commercial vessel. Boats cannot go beyond bridges. Vessels should be operated in the
navigational channels between the red and green buoys to avoid unintentional groundings and damage to the
vessel. In the event RENTER operates the vessel outside of designated areas of operation, BARREN RIVER
STATE DOCK may cancel a reservation without refund. RENTER shall be responsible for any charges
incurred as a result of RENTER’S failure to remain within the designated arears of operation, including but
not limited to any towing costs, expenses incurred in connection with the return or recovery of the vessel.
DAMAGES TO VESSEL AND/OR EQUIPMENT: RENTER assumes full responsibility for the proper care
of the vessel while in his/her possession and agrees that if any damage is caused or permitted by RENTER
during the rental period, RENTER authorizes BARREN RIVER STATE DOCK to charge the credit card on
file for the full amount of any such damages, including repair costs and to then notify RENTER of the same.
RENTER understands that all damages will be repaired by BARREN RIVER STATE DOCK’S authorized
mechanics and/or repairmen; and no repairs will be allowed by RENTER or others. Vessels must be returned
reasonably clean or RENTER will be charged a cleaning fee.
BOAT OUT OF COMMISSION DUE TO DAMAGE: RENTER acknowledges and understands that in the
event of extensive damage to the watercraft during the RENTER’S rental period, which damage requires the
watercraft to be out of commission, RENTER shall be liable to pay BARREN RIVER STATE DOCK for all
days the watercraft is out of commission including any time outside of the original rental period during which
time the watercraft is unavailable to rent to other customers. No refunds will be offered.
FUEL USAGE: The vessel has been rented to RENTER with a full tank of fuel. At the end of boating,
RENTER shall pull up to the gas pumps for a refill. Rental fee does not include gasoline or tax.
VESSEL MALFUNCTION/BREAKDOWN: In the unlikely event of a vessel malfunction or breakdown
RENTER shall immediately report the incident to BARREN RIVER STATE DOCK by telephone to (270)
646-2357. If the malfunction cannot be resolved via telephone, BARREN RIVER STATE DOCK will send a
representative to address the problem and if necessary, to tow the vessel back to BARREN RIVER STATE
DOCK’S dock. If the down time is the result of a true malfunction of BARREN RIVER STATE DOCKS’S
vessel, there shall be no additional charges to RENTER and RENTER shall be reimbursed for the difference.
However, if the down time is the result of RENTER’S inexperience or negligence in operating the vessel
RENTER shall be charged $150.00 per hour for BARREN RIVER STATE DOCK’S time devoted to
resolving the matter as well as for any damages to either the vessel or its equipment.
CANCELLATION: Cancellations will require thirty (30) day advance notice to receive a refund. RENTER
understands that no refund will be issued if RENTER does not contact BARREN RIVER STATE DOCK to
cancel a reservation thirty (30) days prior to the time of rental and the entire rental shall be due and payable.
BARREN RIVER STATE DOCK may cancel a reservation without refund in the event RENTER operates the
vessel in a negligent manner or is intoxicated.
RELEASE OF LIABILITY/ASSUMPTION OF RISK: RENTER acknowledges that he/she understands
that there are certain risks associated with boating, including, but not limited to (a) wave action and the wake
of other vessels; (b) collision with other vessels; (c) grounding; (d) personal injuries to RENTER or guests; (e)
inclement weather; (f) sunburn and other such natural occurrences. RENTER understands that the sports of
boating, water skiing, wake surfing, wakeboarding, riding water toys or any water sports are HAZARDOUS
ACTIVITIES. RENTER understands that engaging in these sports and use of the equipment involve a risk of
injury to all parts of the user’s body and POSSIBLE DEATH. RENTER, individually and on behalf of all
others who are involved with the vessel and/or any other water activities during the rental period, agree to
freely and expressly assume and accept all risks in the use of the equipment rented. In the event someone is
injured during use of the vessel or if someone other than RENTER is operating the equipment during the rental
period and is injured, RENTER agrees to pay all deductibles and all cost for physical and property damage to
any and all parties involved which are the fault of the RENTER or any other person who was operating the
watercraft during the rental period and until the equipment is returned to the control of BARREN RIVER
STATE DOCK via the agreed upon check in procedure.
LIABILITY AGREEMENT/INDEMNITY: RENTER voluntarily releases and forever discharges and
agrees to save and hold harmless BARREN RIVER STATE DOCK and all of its officers, employees,
contractors and agents from any an all liability of any nature for personal injuries or death to RENTER, his or
her passengers and guests, including minor children or to third parties and property damage to the vessel or the
property of others as a result of any and all activities related to the rental and use of the vessel herein described.
RENTER is responsible for all damages and/or losses to the equipment or any of its contents during the rental
period. RENTER indemnifies and holds BARREN RIVER STATE DOCK harmless from any loss, damages,
expense or claim, including attorney’s fees, and costs arising out of RENTER’S acts or omissions to act or
those who are with RENTER during the use of the equipment during the rental period.
AUTHORIZE/REVOKE USE OF EQUPMENT: BARREN RIVER STATE DOCK or its agents reserve
the right to: (a) authorize the use of the equipment; and (b) revoke the use of the equipment. Decisions on the
part of BARREN RIVER or its agents regarding the use of the equipment by RENTER are made for safety
reasons, including but not limited to, the following: (a) unsafe operation of the equipment; (b) lack of sobriety
of RENTER or any other person using the rented equipment; and/or (c) unsafe weather conditions.
LEGAL FEES: RENTER shall be responsible for all legal fees, collection agency fees, and courts costs for
him/herself and BARREN RIVER STATE DOCK incurred in any dispute in damages if legal action is
necessary as a result of RENTER’S neglect to return the vessel or equipment in the same condition that it was
received at the beginning of the rental period.
RENTER RESPONSIBLE FOR ALL OTHERS: RENTER understands and irrevocably agrees that all
references herein to RENTER, RENTER’S liabilities, duties, representations, warranties and claims, as
RENTER, shall be deemed to also include all other persons who use the rented equipment during the term of
this boat rental agreements. RENTER IS FULLY RESPONSIBLE FOR EVERYTHING THAT HAPPENS
TO RENTER, THE EQUPMENT, THE FACILITIES AND ALL OTHER PERSONS IN THE AREA WITH
RENTER DURING THE TERM OF THE RENTAL PERIOD
The parties hereto agree that they have read this document in its entirety, understand and agree to all terms and
conditions.