Boating Terms of Use

     Watercraft shall be on the water for the time period specified for member use.  At the time member takes possession of watercraft, all responsibilities & liabilities that would normally be considered that of the owner will  belong to club member in possession of the craft.

     READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO PAYING USE FEES. PAYING ANY PORTION OF USE FEES CONSTITUTES YOUR ACCEPTANCE OF THIS THIS ENTIRE AGREEMENT.

    THIS IS A LEGALLY VALID AND BINDING AGREEMENT TO RELEASE North Georgia Boating Club Inc. , FROM ALL KNOWN AND UNKNOWN OBLIGATIONS; AND TO INDEMNIFY North Georgia Boating Club Inc. AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF ALL CLUB ASSETS INCLUDING WATERCRAFT.

    THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.

    Release and Waiver Claims For valuable consideration, the receipt and sufficiency of which are hereby acknowledged member does hereby, release and for ever discharge North Georgia Boating Club, Inc (hereafter known as “Company”) , Company’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity , which member ever had, now has, or which member’s heirs executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the watercraft ; or in any way arising out of the relationship between member and Company. Indemnification For good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, member hereby expressly agrees to indemnify and hold harmless North Georgia Boating Club Inc. , Company’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of member ’s use, misuse or abuse of watercraft .

    Use of Watercraft The intention of North Georgia Boating Club Inc. , is to provide an enjoyable means of recreation. The watercraft may not be used for towing, sub - leasing, racing or any illegal purposes. Each machine must be operated by an adult and in a safe and competent manner. Drivers and passengers of the time share (club water craft) will be solely responsible for any individual fines and penalties due to violations of the law. Any and all charges related to the impoundment or retrieval of the watercraft will be charged to the member, along with any lost time share time.

    Terms and Conditions

    1. Assumption of Risk -  Member acknowledges that the activities for which the watercraft is designed include inherent dangers, including the risk of bodily injury and/or death. Member assumes and accepts all risks associated with the use of the watercraft. Member also agrees to inform any and all guests of the dangers associated with boating and they may only board the boat at their own risk also minor children are not permitted on boat without parental consent.

    2. Acceptable Use - Member agrees and acknowledges that he/she will be the sole operator of the watercraft, and will use the watercraft in a careful, safe and conscientious manner. Member shall at all times observe and adhere to any rules and guidelines , and any applicable local, state and federal laws.

    3. Age.of Member - is at least 25 years of age. No one under the age of 25 is permitted to operate the watercraft .

    4. Unsafe Use - If at any time, North Georgia Boating Club Inc, determines that member has engaged in an unsafe or hazardous use of the watercraft, North Georgia Boating Club Inc, may immediately terminate the time share. Upon notification of termination, Member must return the boat to the designated docking area immediately. If the time share is terminated for unsafe or hazardous use, member be charged security deposit

    5. Conditions of boat upon Return - The member shall return the boat to the designated docking area clean, free of garbage and debris, and in the same condition a s it was in when given to member , excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the boat during the time share period. North Georgia Boating Club, Inc.  shall retain any portion (or all) member ’s damage deposit as necessary to cover repairs for such damages.

    6. Security & Damage Policy - Person or Entity member paying invoice is responsible for the care of watercraft. You are also responsible for any and all damage by neglect or wrongful acts caused by you or any of your guests including boat, dock or vacation home. North Georgia Boating Club or it's agents may immediately charge an additional $500 to card on file for any damages or breaking rules. In the event damages & fines exceed $500 the North Georgia Boating Club will provide member with itemized statement of charges still due. Member will then have 10 days to arrange for optional payment method prior to any additional charges including reasonable attorney’s fees: if collection services are needed due to non - payment.

    7. Late Return - If member returns the boat to the designated docking area more than 30 minutes after the scheduled “Time In,” member shall be charged $50.00 per 30 minute increments.

    8. Caution: This equipment can give a rough ride. Persons with back problems, seizure disorders, or any medical condition relating to same are encouraged not to operate . I acknowledge that I am not using any medication at this time – either prescription or nonprescription; that would impair my ability to operate a watercraft .

    I further acknowledge that I have previous knowledge and experience in the safe operation of watercraft and have ability to operate watercraft in a safe manner. If I do not feel comfortable with my experience I will seek training and boating education.

    The act of paying your boat rental invoice will verify your understanding and agreement of these terms and conditions
    Please read and print for your records

    1. The LESSEE acknowledges he/she will carefully examined the craft to finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody. 2. Cash deposit (as provided in the Charges section of the front of this agreement) shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken equipment; or to be applied to the rental charges upon return of the craft by LESSEE. The foregoing shall not limit LESSOR’S ability to seek its further damages at law or equity. 3. LESSEE agrees not to use, nor permit the use: a. of the rental craft for any unlawful purpose; b. of the rental craft in a careless or negligent manner; c. of the rental craft while under the influence of liquor and/or narcotics; d. of the rental craft by any other person not the signatory of this agreement, or not equally qualified. 4. LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever. 5. LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this agreement by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county and state of LESSOR. This agreement shall be governed by the laws of the state of LESSOR. 6. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft that LESSEE will immediately report same to LESSOR. Continued use of it shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use. 7. LESSOR'S ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR'S control. 8. LESSOR reserves the right to cancel this Agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used. 9. The rules and regulations contained herein and as posted on club website, on the craft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules. 10. Should any term or condition of this Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect. 11. THE TERMS AND CONDITIONS posted on club website contain entire agreement
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