Boat Policies & Procedures

**You will be required to review and sign a complete Watercraft Rental Agreement upon receipt of the Boat.  Below is a summary of important items that you need to know prior to your arrival.

Minimum Age:  Absolutely no one under twentyone (21) years of age is allowed to operate any Watercraft. Responsible Party shall provide evidence that he/she is at least twenty-one (21) years of age.  Responsible Party hereby agrees not to allow anyone under the age of twenty-one (21) to operate the Watercraft.

Care and Operation:  Responsible Party agrees to keep the custody of the Watercraft at all times during the Rental Period and to operate the Watercraft only in a careful and proper manner, and to obey and comply with all laws and regulations for Watercraft operation.  Responsible Party shall also obey & comply with any & all instructions provided, verbally or in writing, by the Boat Mater  & acknowledges and agrees  to  the  attached  “Boat  Policies and Regulations” and  “Town Regulation, Lake Use Boating”.

 Inoperable Equipment: Please notify us immediately should there be any problems with the boat and/or it operation. PLEASE DO NOT attempt to make any repairs to any part of the Watercraft.

**Our Boat Masters deliver & pick up boats on a first come, first serve basis, so it’s necessary for you to contact your Boat Master to arrange a time with her, or her staff, to have your boat delivered and/or picked up.

DAILY BOAT RENTALS

 BEGIN at 10:00 a.m. The Boat Master will bring the Watercraft & the keys to you at your location. The Responsible Party must be present during this time to complete a short training session with the Boat Master and a review of the Lake Lure Lake Regulations, Boat Overview and Water Safety. If the Responsible Party is not available during these hours, then an appointment will have to be made with the Boat master for later in the day, at a time convenient to the Boat master.

 END at 6:00 p.m. on the final day of your rental period. A pre-set appointment will be made at the time you receive the Boat, for a departure check of the boat with the Boat Master. Again, the Responsible Party must be present for this final departure check-out. The boat is to be returned clean, free of trash, with a full tank of gas and in good working order. A thorough inspection will be made upon return of the boat to the Rental Agent.

WEEKLY BOAT RENTALS (or for boats that come with the rental of a home)

 BEGIN:  Between the hours of 4:00 and 7:00 p.m. on the date of your arrival.. The Responsible Party must be present during this time to complete a short training session with the Boat Master and a review of the “Lake Lure Boating Regulations”, Boat Overview & Water Safety. If the Responsible Party is not available during these hours, then an appointment will have to be made with the Boat master for later in the day, at a time convenient to the Boat master.

 A pre-set appointment will be made at the time you receive the Boat, for a departure check of the boat with the Boat Master. Again, the Responsible Party must be present for this final departure check-out. The boat is to be returned clean, free of trash, with a full tank of gas & in good working order. A thorough inspection will be made upon return of the boat to the Rental Agent.

ENDSAt 6:00 p.m. on  _____________________________    A pre-set appointment will be made at the time you receive the Boat, for a departure check of the boat with the Boat Master. Again, the Responsible Party must be present for this final departure check-out. The boat is to be returned clean, free of trash, with a full tank of gas & in good working order. A thorough inspection will be made upon return of the boat to the Rental Agent.

It is understood by all parties that this Agreement shall apply either in the case the Watercraft is rented for the personal use of the Responsible Party or during the course of a guided tour, as the case may be.

In the event the Responsible Party should fail to return the Watercraft to the Rental Agent before the expiration of the Rental Period, notwithstanding anything to the contrary, the provisions of this Agreement shall continue to apply & to bind Responsible Party until the Watercraft is duly returned. In such event, the Responsible Party shall incur a penalty of $100.00 per hour of infraction, which shall be charged to the Responsible Party’s  credit card charge, upon receipt of the Watercraft by the Rental Agent.

Payment:  Payment in full for the Rental Period is due at the time of reservation.  **No refunds will be given for inclement weather or early returns.

Security Deposit: A valid credit card will be required & will be kept on file until all conditions of this Agreement have been met by the Responsible Party.  Your signature on this Agreement confirms your authority for us to charge your credit card up to $800 for any damages done to the boat whil in your possession.  Your credit card will only be charged in the event the Watercraft is not returned to the Rental Agent in the same condition it was at the beginning of the Rental Period, and/or if damage of any sort has been caused to the Watercraft or its accessory equipment, during the Rental Period. *Should damages exceed the $800.00 Security Deposit, Responsible Party agrees to make payment, in full, immediately, upon Exclusive Mountain Properties’ presentation of an itemized repair bill which will be delivered to the Responsible Party, along with a letter explaining all charges within two (2) weeks of your departure.

Gas: At pick-up, the boat will have a full tank of gas. Additional gas fill-ups are the financial responsibility of the Responsible Party.  The boat is to be returned to the Rental Agent with a full tank of gas. If the boat is not returned with a full tank of gas, then an additional service charge of $100.00, plus the cost of a full tank of gas, will be charged to the Responsible Party’s credit card. This amount will be deducted from your Security Deposit.

Equipment:  All equipment on the boat will remain with the boat at all times. Life jackets for the maximum persons allowed are provided. **Life jackets must be worn by all persons in or on the Watercraft who are thirteen (13) years of age or younger.

 

o Towing:  Floats, tubes or other devices may not be tied to the Watercraft in any fashion for any purpose. Towing of any sort, including water skiing, is illegal & strictly prohibited.

Hours of Allowed Use:  Navigation or Operation of the Watercraft is only allowed during daylight hours (dawn to dusk). Use of the Watercraft after dark is illegal & strictly prohibited.

Inherent Danger:  Responsible Party understands & agrees that the Watercraft & its operation is an inherently dangerous activity. Responsible Party certifies that he/she understands the rules & regulations for the safe operation of the Watercraft. Responsible Party further agrees not to allow anyone else operate the Watercraft without prior knowledge & written permission from the Rental Agent & likewise restriction on the rules & regulations for safe operation of a Watercraft.

Health of Responsible Party:  Responsible Party certifies that he/she are in good health, has no physical defects that may be of danger to themselves or anyone else & that he/she is capable of safe operation of the Watercraft.

Alcohol Consumption & /or Drug Use:  Consumption of alcohol before or during operation of a Watercraft is illegal. Responsible Party certifies that he/she is not under the influence of alcohol or drugs (legal or otherwise) at the time of the execution of this Agreement.  Furthermore, Responsible Party agrees that he/she will not operate the Watercraft at any time during the Rental Period while under the influence of alcohol and/or drugs (legal or otherwise).

 Warranty:   Rental Agent provides no warranties of any kind whatsoever express or implied, as to the Watercraft, or its accessory equipment. Responsible Party assumes the responsibility for the condition of the Watercraft.

In the event of any malfunction or breakdown of the Watercraft, or if any defect should occur during the Rental Period, Responsible Party shall immediately notify the Rental Agent at. (828) 243-7208. Every effort will be made to make repairs in a timely manner during reasonable hours. **No refunds or reduction in rent will be given for an inoperable boat that is part of the rental of any home.

Continued use of the Watercraft in any of these circumstances shall be entirely at the Responsible Party’s risk & the Responsible Party shall then be under obligation to assume any &  all responsibility &  liability resulting in or from bodily injury, loss or damage caused to all persons &  property that may become involved in any accident.

Please Do Not attempt to make any repairs to any part of any watercraft.

Risk of Loss or Damage: Responsible Party assumes all risks of loss or damage that may occur to the Watercraft arising from any cause whatsoever, & agrees to return the Watercraft in the exact same condition as it was when taken from the Rental Agent, with the exception of normal wear & tear. Responsible Party agrees to return the Watercraft on or before the expiration of the Rental Period in the same condition it was at the beginning of the Rental Period. In the event the Responsible Party does not return the Watercraft in the same exact condition it was at the beginning of the Rental Period, additional fees will be charged to the Responsible Party’s credit card, up to &  including the entire $800.00 Security Deposit.

If the Watercraft is damaged or lost, Rental Agent shall have the option of requiring the Responsible Party to assume all costs for the repair of the Watercraft or its accessory equipment, as the case may be, or to replace the Watercraft or accessory equipment with a similar Watercraft or equipment in a similar working condition.

Responsible Party agrees to be held responsible at all times if he/she fails to insure the safe & proper operation of the Watercraft, & the safety & welfare of other watercraft operators & persons. It is  agreed &  understood  by the Responsible Party that the Rental Agent and/or the Boat Master, shall not be held liable for loss, damages, inconvenience or time lost  caused  by accident,  breakdown  or other malfunction  of the  Watercraft  during the  term  of this Agreement. Responsible Party further agrees to hold Rental Agent harmless should loss or damages occur to any of the Responsible Party’s personal effects while carried in or on the Watercraft,  including, without limitation, loss or damage caused by fire, water, theft, Act of God, or any other cause whatsoever.

Responsible Party’s Further Obligations:  The Rules & Regulations as posted in the office and/or on the Watercraft & contained herein are for the safety & welfare of every user of the Watercraft. Responsible Party certifies that he/she has read &  understands said Rules & Regulations, &  further assumes the responsibility to see that his/her family and/or guest(s) will obey the Rules &  Regulations, &  any &  all obligations arising from this Agreement.

Responsible Party agrees to use the Watercraft in conformity with the Rental Agent’s directives, both written & verbal & not to use, or permit the use of the Watercraft

  • For any unlawful purpose;
  • In a careless or negligent manner;
  • While under the influence of alcohol and/or narcotics;
  • By any other person than the Responsible Party, unless approved in writing by the Rental Agent;
  • For Towing of any type, including, but not limited to water skiing;
  • After dark.

 Liability &  Indemnity:  Responsible Party  hereby agrees to bind himself/herself, their heirs, personal representatives &  assigns,  &  hereby  release  &  discharge,  the Watercraft  Owners, the Boat  Master,  the Town of Lake Lure,  Exclusive Mountain Properties of Lake Lure, N.C., its employees, agents &  assigns, from any &  all claims, loss, costs, damages, expenses, actions, judgments &  legal costs, which Responsible Party or Responsible Party ’s heirs, personal representatives or assigns  may have, or may claim  to have,  for negligence  created  by or arising  from the use, operation,  handling,  or transportation of the Watercraft by the Responsible Party  or anyone else during the Rental Period, or if Responsible Party or anyone else should fail to respect any of the provisions herein. Furthermore, Responsible Party hereby agrees to defend, indemnify  &   hold harmless,  the Watercraft  Owners,  the Boat  Master,  the  Town of Lake Lure,  Exclusive  Mountain Properties of Lake Lure, N.C., its employees, agents &  assigns, from any &  all claims, loss, costs, damages, expenses, actions, judgments &  legal costs, which are created by or arise out of the Responsible Party’s operation of the Watercraft during the Rental Period. Responsible Party also agrees to pay any & all claims brought by any third party as a result of the operation and/or use of the Watercraft during the Rental Period.

Reservation: Rental Agent’s ability to provide the Watercraft, if previously reserved, is contingent upon & subject to the return of the said Watercraft by the previous Responsible Party, or any other cause beyond the Rental Agent’s control.

THERE IS ABSOLUTELY NO REFUNDS FOR INCLEMENT WEATHER!!!