~The BOAT RENTAL AGREEMENT, RELEASE OF LIABILITY, AGREEMENT NOT TO SUE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT is subject to the FOLLOWING terms and conditions~

 

• Introduction and Definitions. This Boat Rental Agreement, Release of Liability, Agreement Not To Sue, Hold Harmless and Indemnification Agreement (the “Agreement”) is entered into by and between Gordy’s Lake Front Marine Inc., a Wisconsin corporation (“Gordy’s”) and the individuals listed as Customer and Additional Operators on page 1 of this Agreement (collectively the “Customer”).  Throughout this Agreement, Customer and any Additional Operators may be referred to as “You” or “Your” and Gordy’s shall be referred to as “Gordy’s” or “We.” In consideration of Gordy’s renting to the Boat (as hereinafter defined), the receipt and sufficiency of which is expressly acknowledged, You understand, warrant and agree as follows:

 

• Acceptable Condition. You acknowledge that you have carefully examined the Boat, all additional equipment included along with the Boat, including, but not limited to anchors, cushions, lines, fire extinguishers, life jackets in addition to any special equipment rented by you and itemized on page 1 of this Agreement (hereinafter individually and collectively referred to as the “Boat”), and find it suitable for the purposes for which it is rented and that it is in good, operating and acceptable condition. Before leaving Gordy’s dock with the Boat, you and a Gordy’s employee must inspect the Boat and complete a check-out form to identify any preexisting damage.  You will be deemed to have accepted the Boat in the condition noted on the check-out form.

 

• Defect in Boat. In the event of malfunction, breakdown or if any defect is discovered after leaving Gordy’s dock, you agree to immediately return to Gordy’s dock and report the same to Gordy’s. If you are unable to return the Boat you agree to call 262-275-2163 x0 for assistance.  Your continued use of the Boat shall be entirely at your risk. You assume all liabilities of injury and damage to all persons and property that may become involved by your continued use and you will be responsible to pay the rental charge for the entire rental period.

 

• Early Return. You agree to pay the rental charge for the entire rental period, even if the Boat is returned early, unless due to a malfunction, breakdown or other defect that was immediately reported to Gordy’s and that makes the Boat inoperable.

 

• Return of Boat.  This Agreement is one of rental only.  The Boat is Gordy’s property and must be returned to Gordy’s by the Scheduled Return Time, or earlier if demanded by Gordy’s, in the same condition as when received by you, other than ordinary wear and tear (as determined by Gordy’s, in Gordy’s sole discretion).  We may peacefully repossess the Boat, without demand, where found and terminate this Agreement if the Boat is illegally parked, is used in violation of law or this Agreement (or we reasonably believe it to be used in violation of law or this Agreement), we, at any time, reasonably feel insecure about your ability to honor this Agreement, or if the Boat was obtained as a result of any misstatement or fraud, or is apparently abandoned.  We will not in any way be liable to you for damages resulting from such repossession nor shall we be responsible for loss or damage to any of your property contained in the Boat.

 

• Familiarity With Boating. You acknowledge that you have reviewed and fully understand “Gordy’s Rules,” the Lake Geneva Boat Safety Laws and all other boating rules and laws.  You acknowledge that you are familiar with how to operate the Boat, have discussed the operation of the Boat with Gordy’s, and have had any questions with regard to Gordy’s Rules,” the Lake Geneva Boat Safety Laws and all other boating rules and laws and the operation of the Boat answered to your satisfaction.  You represent that you are fully qualified and competent to use and operate the Boat.
• Safety and Welfare. You acknowledge that it is your responsibility for all occupants in the Boat and all other boaters and persons.  You agree to abide by all “Gordy’s Rules,” the Lake Geneva Boat Safety Laws, all other boating rules and laws, all buoys, signs and other markers.  While you are in possession of the Boat, you agree to obey all orders, instructions and commands of Gordy’s employee’s, Lake Geneva Water Safety Patrol, The Wisconsin Department of Natural Resources, Lake Geneva Police Department, Fontana Police Department and any other law enforcement agency.

 

• Amounts Due Gordy’s. You shall pay Gordy’s on demand:

 

1. all time charges as computed by Gordy’s and as set forth in this Agreement and the “Gordy’s Rules,” including without limitation any additional time charges if the Boat is returned after the Scheduled Return Time;
2. all amounts for damage to or loss of the Boat, regardless of who is at fault (unless such damage is solely as a result of Gordy’s);
3. all damage to personal property caused by you as a result of your use of the Boat;
4. all sales, use, excise or other taxes required to be paid by Gordy’s because of this Agreement;
5. all fines, penalties, forfeitures, court costs and expenses incurred by Gordy’s with respect to your use of the Boat;
6. all costs and expenses, including reasonable attorneys’ fees, incurred by Gordy’s in collecting any payments due to Gordy’s under this Agreement; and
7. any amounts due to Gordy’s because of damage to the Boat or caused by your use of the Boat as set forth herein.

 

• Liability Coverage. We do not provide liability coverage for you.  You agree to immediately report any accident to Gordy’s and deliver to Gordy’s and/or Gordy’s insurer every process, pleading, notice or paper of any kind relating to any claim, suit or proceeding received by you in connection with any accident or event involving the Boat.  You agree to cooperate fully with Gordy’s and Gordy’s insurer in investigating and (where applicable) defending any such claim, suit or proceeding. 

 

• RELEASE, INDEMNITY & AGREEMENT NOT TO SUE. BY RENTING THE BOAT, YOU AGREE, FOR YOURSELF, SPOUSE, HEIRS, ASSIGNS, RELATED INDIVIDUALS AND RELATED ENTITIES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE, WAIVE, ABSOLVE, DISCHARGE AND AGREE TO HOLD HARMLESS GORDY’S AND ITS AGENTS, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AFFILIATES, INSURERS,  ATTORNEYS AND/OR ASSIGNS (HEREINAFTER COLLECTIVELY THE “GORDY PARTIES”) FROM AND AGAINST ANY AND ALL RIGHTS, CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, SUITS, LIENS, DAMAGES OR LIABILITIES OF ANY KIND AND CHARACTER WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR CLAIMED, WHICH YOU SHALL OR MAY HAVE IN THE FUTURE AGAINST THE GORDY PARTIES ARISING OUT OF, BASED ON, RELATED TO OR CONNECTED WITH YOUR RENTAL OF THE BOAT AND ANY RELATED ACTIVITIES.

 

            YOU COVENANT AND AGREE TO FOREVER REFRAIN FROM INSTITUTING, PROSECUTING, MAINTAINING, PROCEEDING ON, ASSISTING WITH OR ADVISING TO BE COMMENCED A SUIT WHICH ARISES OUT OF, OR MAY BE, IN  WHOLE OR IN PART, BASED UPON, RELATED TO OR CONNECTED WITH THE RELEASED MATTERS HEREIN OR ANY PART OF THEM.

 

BY RENTING THE BOAT, YOU AGREE TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD THE GORDY PARTIES HARMLESS FROM THE PAYMENT OF ANY AND ALL JUDGMENTS, SETTLEMENTS, COSTS, DISBURSEMENTS AND ATTORNEYS’ FEES THAT ARE ASSOCIATED WITH THE GORDY PARTIES HAVING TO DEFEND OR INVESTIGATE ANY CLAIM, ACTION OR PROCEEDING OF ANY TYPE WHATSOEVER ARISING OUT OF YOUR RENTAL OF THE BOAT INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR BREACH OF CONTRACT, NEGLIGENCE (WHETHER CAUSED BY THE SOLE NEGLIGENCE OF THE GORDY PARTIES, THE CONCURRENT NEGLIGENCE OF THE GORDY PARTIES WITH YOU OR ANY OTHER PERSON, OR OTHERWISE), STRICT LIABILITY, OR OTHERWISE. THIS INDEMNIFICATION OBLIGATION AND THIS RELEASE OF LIABILITY, AGREEMENT NOT TO SUE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT DOES NOT, HOWEVER, ABSOLVE THE RELEASED PARTIES FROM ANY LIABILITY, DAMAGES, COSTS, DISBURSEMENTS AND ATTORNEY FEES INCURRED DUE TO THEIR INTENTIONAL OR RECKLESS CONDUCT.

 

            YOU UNDERSTAND THAT IF ANY FACT WITH RESPECT TO WHICH THIS RELEASE OF LIABILITY, AGREEMENT NOT TO SUE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT IS EXECUTED IS LATER FOUND TO BE OTHER THAN OR DIFFERENT FROM THE FACT IN THAT CONNECTION NOW BELIEVED BY YOU TO BE TRUE, YOU EXPRESSLY ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE DIFFERENCE IN FACT AND AGREE THAT THIS RELEASE OF LIABILITY, AGREEMENT NOT TO SUE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT SHALL BE AND REMAIN EFFECTIVE NOTWITHSTANDING SUCH DIFFERENCE IN FACTS.

 

            THIS RELEASE OF LIABILITY, AGREEMENT NOT TO SUE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT SHALL REMAIN IN FORCE UNTIL WRITTEN REVOCATION THEREOF IS DELIVERED TO GORDY’S, HOWEVER, YOU RECOGNIZE THAT SUCH REVOCATION WILL RESULT IN YOU BEING PROHIBITED FROM FURTHER BOAT RENTAL.

 

• No Agency. You are not authorized to act as Gordy’s agent for any reason or for any purpose.

 

• Prohibited Use.  The Boat shall not: (a) be used while you are under the influence of any intoxicant or other drug; (b) in a race, speed or endurance contest; (c) be used in the commission of any crime or other illegal activity; (d) be used to carry persons or property for wage or profit; (e) be taken out of Geneva Lake; (f) be operated by any person who has not signed this Agreement (except in an emergency); (g) be used to tow any other boat; or (h) be used in violation of any law, order, rule, regulation or the terms of this Agreement.  If the Boat is obtained from Gordy’s by fraud or misrepresentation, or is obtained or use in furtherance of an illegal purpose or in violation of this Agreement, all use of the boat is without Gordy’s permission.

 

• Repairs. You may not permit any repairs to the Boat or allow any lien to be placed upon the Boat without Gordy’s prior written consent.  You will be fully liable for any repairs made without Gordy’s prior written consent.

 

• Credit Charges. You remain fully liable for all amounts due under this Agreement until paid, even if we agree to your request that the charges be billed to another person.

 

• Credit Card/Debit Card Authorization. You authorize: (a) Gordy’s to charge and/or place a hold in the amount of the Total Estimated Charges, plus any other amounts due hereunder or reasonably expected to be due hereunder (either during the term of the rental or thereafter if such amount was not known during the term) (collectively, the “Authorized Amounts”), to your credit card or debit/check card that you provided to Gordy’s (the “Credit Card”); (b) the issuer of the Credit Card to pay the Authorized Amounts, without Gordy’s submitting a signed receipt, and you agree that this Agreement is to be accepted as such authorization.  You authorize Gordy’s to continue to attempt to charge, and/or place holds with respect to the Authorized Amounts, or any portion thereof, to the Credit Card until such amounts are paid in full.  You acknowledge and agree that Gordy’s shall have no liability whatsoever for any non-sufficient funds, rejected debit, or other charges incurred by you as a result of such attempts to charge, and/or place holds on, the Credit Card.

 

            While the hold is in effect, these funds will no longer be available for your use.  When the boat is returned (and any actual damage amount determined or estimated if such amount cannot be readily determined), Gordy’s will charge the total amount due Gordy’s (or the estimated amount), and will process a reversal of any unused portion of the debit hold.  If an estimate was made, Gordy’s will process a reversal of any unused portion of the debit hold when the actual amount is determined.  Depending on your financial institution’s procedures, this reversal could require up to two weeks to be posted to your account.  Please check with your financial institution for their related policies.  Unfortunately, Gordy’s cannot expedite the release of this debit hold, and the funds will not be available for your use until your financial institution processes the release.  Gordy’s will not be responsible for any returned checks due to credit holds.   

 

• Terminate The Agreement. In addition to other rights to terminate the Agreement as set forth herein, you acknowledge that we reserve the right to terminate this Agreement, upon discovery that you are violating the terms of this Agreement, operating the boat in an unsafe and/or irresponsible manner or we reasonably question any of the foregoing.  You agree to pay the rental charge for the entire rental period even if we terminate this Agreement early.  We reserve the right to cancel this Agreement due to inclement or impending bad weather.

 

• Governing Law. This Agreement shall be construed and interpreted exclusively according to the internal laws of the State of Wisconsin, without regard to its conflicts of laws provisions.  Each party hereby irrevocably consents, admits and submits itself to the jurisdiction of the state courts found in Walworth County, Wisconsin and the federal court found in the Eastern District of Wisconsin and each party waives any claim of forum non-conveniens. 

 

• Invalid Provisions. If any term, condition or covenant of this Agreement or the application of such term, covenant or condition to either party or any circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term, covenant or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law.

 

• Joint and Several. The individuals collectively referred to herein as Customer and Additional Operators shall be jointly and severally liable with respect to all of the obligations, covenants and agreements set forth in this Agreement.

 

• Binding Effect. This Agreement shall be binding upon each of the parties hereto and their respective heirs, legal representatives, successors and assigns.

 

• Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

 

• No Waiver. No term or provision of this Agreement shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by Gordy’s.  Any consent by Gordy’s to, or waiver of, a breach by you, whether express or implied, shall not constitute consent to, waiver of, or excuse for, any other, different or subsequent breach.

 

• Attorneys’ Fees. In the event Gordy’s finds it necessary to employ legal counsel or to bring an action or other proceedings against you to enforce any of the terms, covenants, or conditions hereof, and Gordy’s prevails in any such action or proceeding, you shall pay the attorneys’ fees and costs of Gordy’s relating to such action or proceeding.

 

• Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, that may have related in any way to the subject matter hereof. 

1. Sup and Equipment Rental Agreement between Gordy's Lakefront Marine, Inc. located in Fontana, Wisconsin, herein called "Lessor," and the undersigned, herein called "Renter." This agreement also continues a waiver and release of liability, whereby the Renter agrees to release, discharge, hold harmless, defend, and indemnify Gordy's Lakefront Marine, Inc. 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 paddling, ski, tube, wakeboard, kneeboard, and surf equipment, premises or facilities or Renter's participation in paddleboarding or watersports activities. By signing this document, Renter acknowledge he/she specifically understands Renter is releasing, discharging, and waiving any claims or actions it may have, at the present time, or in the future, for the negligents acts, omissions, or other conduct by the owners, agents, officers, or employees of Gordy's Lakefront Marine, Inc.

a. 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 SUPs or watersports equipment from Gordy's Lakefront Marine, Inc. Renter is solely responsible for any citation or violation occuring during use of, or as the result of using, watersports equipment or stand-up paddleboard equioment from Lessor.

b. 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 the activity.

c. Renter shall bear all risk and responsibility of and any damage, loss, or theft of the rental equipment, or any portions thereof, including, but not limited to, vandalism or theft, and shall pay the Lessor the full cost of repair or replacement.

d. Renter shall return rental equipment in the condition in which it was received. Minimum charges for repairs, labor, and cleaning will be applied in the event equipment requires repair or excessive cleaning. Renter agrees to use all equipments for its designed purpose only.

e. Recognition of Risk: Renter expressly acknowledges that paddleboarding, skiing, tubing, wakeboarding, kneeboarding, and surfing are activities with inherent risks of injury to persons and property. Renter is aware of those risks and understands them. Renter acknowledges that PFDs (Life Vest) sre made available and that all renters are required to wear PFDs/Life Vests while using rental equipment. Renter understands that the use of a PFD does not remove all risks of injury, also does not make paddleboarding, skiing, tubing, wakeboarding kneeboarding and surfing safe activities. Renter alone has detemined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. No part related to Lessor, including owners and employees, has made any representation regarding the safety or the risks of the activity. Renter expressly assumes the risk of the activity.

f. Release of Liability: Renter hereby releases lessor, its owners, officers, and its employees from liability for negligence and holds harmless the Lessor, its owners, officers, and its employees from liability for negligence and holds harmless the Lessor, its owners, officers, and its employees from any loss, expense, or cost, including attorney's fees, arising out of any damages or injuries, whether to persons or property, occuring as a result of the rental or use of said equipment.

g. 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, express 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, or any kind, or however caused. The agreement is one of bailment only and renter is not Lessor's agent while using said equipment. The laws of the State of Wisconsin shall govern this agreement.