Complete this form to Rent It.

Complete this form to Rent It.

Rental Equipment Agreement, Waiver and Release of Liability Watersports Equipment

Watersports Equipment Rental Agreement between WakeRack LLC of Zebulon, North Carolina “Lessor,” and the undersigned, herein called, “Renter.” This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify WakeRack LLC and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Renter’s use of Watersports Equipment, premises or facilities or Renter’s participation in watersports activities. By signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions that I may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or employees of WakeRack LLC. Please initial each item and sign below to acknowledge acceptance of this agreement.

1. Renter shall obey all state, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting equipment from WakeRack LLC. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental equipment from WakeRack LLC.

2. Renter represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.

3. Renter shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental boats and/or equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (WakeRack LLC) the full cost of repair or replacement.

4. Renter shall return equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental equipment requires repair or excessive cleaning. Renter agrees to use all equipment for its designed purpose only. A non-exhaustive list of charges for repairs, labor, and cleaning includes:

  • Lost/Damaged Paddle: $45

  • Lost/Damaged Fin: $25

  • Cleaning: $25

  • Lost/Damaged SUP: $450

  • Lost/Damaged Kayak: $550

5. RECOGNITION OF RISK: Renter expressly acknowledges that watersports are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (Lifejackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING RENTAL BOATS AND EQUIPMENT. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use make watersports safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.

6. RELEASE OF LIABILITY: Renter hereby RELEASES Lessor (WakeRack LLC), its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the rental or use of said Equipment.

7. This agreement constitutes the entire agreement between Lessor and Renter and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by Lessor to Renter, except as contained herein, and Lessor shall not be liable for any loss or injury to Renter nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Renter is not Lessor’s agent while using said Equipment. The laws of the State of North Carolina shall govern this agreement.

8. I have read and understand the above. I agree to the terms and conditions as stated.  I certify that all responses provided herewith are truthful and accurate to the best of my knowledge.  This agreement remains effective for any rentals occurring with WakeRack on or after the date provided herewith.