Watercraft & Equipment Lease Agreement
It is agreed on this date above, between Gilligan’s Boats, as the Lessor, and the person(s) signed below, as Lessee(s) hereby enter into a rental and lease agreement for watercraft and/or equipment specified in corresponding Reservation Request, Sales Orders &/or receipts and in Before and After Boat Inspection Checklist(s).
Lessee(s) agree that the Gilligan’s Boats’ Liability Waiver and Indemnity Agreement is incorporated herein by reference and is part of this lease agreement.
In consideration of being permitted to lease a watercraft and/or equipment (any equipment) from Lessor, Lessee or signer:
A: Hereby Acknowledges that there are dangers and risks of injuries and loss inherent in operating before mentioned equipment, but that with full knowledge of such risks Lessee or signer still desires to lease before mentioned rental equipment from LESSOR and
B: Hereby waives, releases all covenants not to sue Lessor, its shareholders, directors, officers, employees and agents (those other that Lessor hereinafter collectively the “associated persons”) from any and all liability to the Lessee or signer for any and all claims of any kind or character losses, damages, actions, causes of action, or expense whatsoever which arise out of, in connection with, result from or relate in any manner to the use of the before mentioned watercraft and/or equipment or the actions or omissions of the Lessor and/or the associated persons with regard thereto including: but not limited to, any and all such claims for known or unknown, foreseen or unforeseen, bodily injuries, death, property damages, personal injuries and all other types of loss or damage, whether occurring prior to, during or after the use of the before mentioned watercraft and/or equipment leased hereunder, whether caused by the negligence of the Lessor and/or the associated persons; and
C: Hereby agrees to indemnify and save and hold harmless Lessor and the associated persons from any losses, liabilities, damage, or costs which the Lessee or signer and/or the associated persons may incur due to the use of the before mentioned watercraft and/or equipment leased hereunder which are caused directly by Lessee or signer including, but not limited to, losses or injuries suffered by persons not a party of this Liability Waiver and Indemnity Agreement; and
D: Hereby acknowledges that he/she has read, understood and voluntarily signed this lease agreement containing the foregoing waiver and indemnity agreement and agrees that such agreement is intended to be as broad and inclusive as permitted by the laws of the State of Indiana and agrees that id any portion thereof is held invalid the balance shall not withstanding, continue in full legal force and effect and agree that he/she assumes full responsibility for all risk of bodily injury, personal injury, death, property damage, and all other types of loss and damage, whether due to the negligence of the lessor and/or the associated persons have relied upon this Liability Waiver and Indemnity Agreement in leasing the before mentioned watercraft and/or equipment to Lessee(s).
Lessee(s) further agree
(a) to pay the rental costs and other charges listed on corresponding sales order(s) prior to using equipment;
(b) to keep said watercraft and/or equipment in a safe place and not to leave leased watercraft and/or equipment unattended;
(c) to determine and assign any and all operator(s) of the watercraft and/or equipment;
(d) not to allow the operation of watercraft and/or equipment in a negligent, careless, or needlessly rough manner or in violation of any laws, ordinances, or regulations;
(e) to pay for all damages to and losses of watercraft and/or equipment during the term of this lease agreement,
(f) not to authorize any repairs to watercraft and/or equipment without consent of the Lessor;
Lessee(s) further agree
(g) to return to Gilligan’s Lagoon courtesy dock for any & all leased watercraft fuel needs.
(h) to pay the Lessor replacement cost of any and all rented and/or leased equipment including watercraft, towables, trailers, motors, ladders, propellers, railing, bimini sun tops, anchors, and any and all parts, assemblies, and pieces of equipment or items rented or leased by lessee from Gilligan’s Boats upon demand by Gilligan’s Boats if rented items are damaged or excessively worn in any way.
(i) to pay any and all repair &/or replacement costs resulting from operation resulting in damage or excessive wear.
(j). to choose a method of damage security arranged by either Lessee's signed imprinted credit card slip to which will be charged all equipment damage or loss, or Lessee may choose to purchase Accident Forgiveness as limited damage & loss waiver as detailed on gilligansboats.com.
To pay any and all attorneys fees and court costs associated with collecting repair and/or replacement costs of said leased watercraft and/or equipment.
(k) that the information supplied on this agreement by Lessee(s) is true and correct.
Lessor reserves the right to cancel this lease agreement at any time and demand immediate return of said watercraft and/or equipment for any reason.
Lessee(s) further agree to operate watercraft and/or equipment at least 200 feet from any other watercraft or obstacle, and to maintain a minimum of 200 foot safe operating distance from any skiing, swimming, or other activity.
Lessee(s) further agree that the beach and beach area of Patoka Lake are OFF LIMITS to leased watercraft.
Lessee(s) further agree to pay a minimum 10% of original rental rate if rental watercraft and/or equipment is returned to launch site (South Boat Ramp) more than forty minutes later than recorded due in time.
Lessee(s) further agree to return to Gilligan's Lagoon courtesy dock if additional fuel is needed for rented watercraft.
Lessee(s) further agree that no refunds or dicounts, fee reductions, nor rate decreases will be requested nor given due to weather.
Lessee(s) further agree no refunds, discounts, fee reductions, nor rate decreases will occur after watercraft is initially driven or moved from dock by Lessee or Lessee's representative(s). Lessee(s) further agree all rental fees are fully earned at the moment when Lessee(s) moves rented watercraft from the dock or leaves Gilligan's Boats' property with rented item(s).
Lessee(s) further agree and understand It is SOLELY the responsibility of lessee(s) and/or all pilots and/or operators and/or boat drivers to know and obey all Indiana State Boating Laws & Regulations. Lessee(s) further agree it is the responsibility of the Pilot and/or Operator and/or boat driver to understand operation of leased watercraft and/or equipment and not the responsibility of Gilligan's Boats or its staff.
Lessee(s) further agree and understand that only minimal watercraft operation instructions will be provided by GIlligans Boats & its staff .
Lessee(s) further agree and understand there will be no refunds for leased watercraft and/or equipment returned earlier than time specified on corresponding receipts & sales orders, and, that all leased watercraft and/or equipment is due in at Gilligan’s Lagoon no later than 6:00 PM EDT unless otherwise indicated on corresponding receipt &/or sales order.
Lessee(s) further agree to read & sign the following documents prior to beginning their voyage:
A. liability waiver to be signed by any and all persons 18 or over who will be on board the boat,
B. Boat Safety and Operating Guidelines to be read & signed by anyone who might operate Watercraft,
C. Before and After Boat Inspection Checklist.
Lessee(s) further agree to be responsible for the proper completion of all activities specified in Guest Boat Return Checklist as well as completion of the checklist itself.
Lessee(s) further agree and hereby acknowledge that Lessee(s) has been made aware that the following additional materials should be referenced before and during their voyage:
A. Patoka Lake Map,
B. Indiana State Boating Laws & Recommendations.
Lessee(s) further agree that is responsibility of the Lessee(s) to to acquire or collect and make available during their voyage all the necessary informative instruction, laws, regulations, and guidelines to persons on board the watercraft.
1. I agree to be a Designated BOAT PILOT (“operator” or “driver”). As boat’s PILOT I will be responsible for all operation of our boat. I WILL BE RESPONSIBLE FOR MY OWN SAFETY AND EVERY PERSON ON BOARD.
I Agree All pilots are responsible for maintaining compliance with Indiana boating laws & regulations. A copy of Indiana Boating Laws and Responsibilities should be on board your boat before you begin your voyage.
2. LIFE JACKETS REQUIRED: One life vest (PFD) per person (minimum) & one throwable PFD MUST BE ON BOARD –These are provided at no additional cost. CHILDREN SHOULD WEAR PFD AT ALL TIMES. It’s your responsibility to have this equipment on board before you begin your voyage.
3. DO NOT ALLOW PASSENGERS TO RIDE FORWARD OF THE FRONT RAIL GATE or on the bow (FRONT OF BOAT). There is no escaping death by propeller if one falls off the front of a pontoon boat. Keep all gates closed when motor is running.
4. DO NOT ALLOW PEOPLE TO SWIM NEAR REAR OF BOAT. DO NOT SWIM AROUND MOTOR. The propeller will KILL.
5. Observe all Indiana State Boating Laws & regulations. It is each pilot's and lessee's responsibility to know the law BEFORE YOU GO BOATING.
6. When boat is operating Keep passengers off upper deck. Stay off upper deck (if equipped with walk-on upper deck) when boat is in motion.
DO NOT ALLOW PASSENGERS TO JUMP OR DIVE OFF BOAT'S top deck. Do not allow riders on upper deck when boat is in motion.
7. Watch in all directions for other boats, boaters, swimmers, and obstacles. Ask passengers to help keep watch also. Always give others the right of way.
8. Familiarize yourself with Patoka Lake. Have map on board with you and reference it. Know where you are at all times. Know departure/return location.
9. OFF LIMITS AREAS: 1. Gilligan’s recommends (but does not require) you Stay out of marinas—Gilligan’s strongly recommends you not drive boat into or near a marina. 2. You are required to keep out of the beach area (State Law). Do not go near the beach area for any reason. Stay away from the beach. 3. Do not take upper deck & slide boats under bridges if in your judgment clearance is questionable. PILOTS MUST OBSERVE BOAT HEIGHT & CLEARANCE before going under bridges. Proceed slowly with caution.
10. SPEED LIMITS: At courtesy dock area there’s a 5 mph zone. Next is a 10 mph zone for about 500 yards. KEEP IT SLOW when coming and going to and from dock area. There are other speed limit zones. Watch for regulated speed zone buoys.
11. NO GRILLING OR COOKING ON BOARD. NO FIRES ON BOARD BOAT
12. WHEN IN SHALLOW WATER raise motor. Keep propeller under surface. You may tilt the motor up so the propeller is almost to the surface as long as the motor’s cooling indicator stream is visible. Avoid stumps, lake grass, weeds, and moss and other obstacles.
13. Raise & retract LADDER before starting motor and when in shallow water. Ladders do not float and ladders bend or break easily.
14. KNOW HOW TO START YOUR MOTOR.
a. Be sure motor is tilted down so propeller & anti-cavitation plate are submerged.
b. Attach kill switch lanyard if equipped.
c. Control handle in NEUTRAL position.
d. Squeeze fuel line bulb if cold or if fuel prime is lost or if you have difficulty starting.
e. Choke motor ONLY IF COLD by pushing IN on ignition key while cranking motor.
NOTE: unnecessary choking will flood motor
f. Use fast idle feature on controls (ask staff to show) to aid in starting motor as needed.
g. Continued “cranking” of the starter will cause damage. Limit cranking to 3 or 4 seconds max. After 4th attempt wait 3 minutes for starter to cool before re-attempting motor start.
15. Check your fuel gauge and/or each fuel tank level. You may need to remove fuel tank cap and visually observe fuel level inside tank. Return to Gilligan’s Lagoon courtesy dock (your starting point) for refuel. Do not purchase fuel elsewhere as Gilligan’s uses non-ethanol fuel only. Some boat motors are 2-cycle and require 2-cycle oil. It is the Pilot’s responsibility to maintain fuel level awareness from voyage beginning to safe return.
16. If you choose to use a public courtesy dock REMEMBER: The courtesy dock is for LOAD AND GO only. The Courtesy dock is for a maximum of 15 minute use. Never park your boat at a courtesy dock more than 15 minutes –less if possible. Never leave boat unattended at a courtesy dock or anywhere on Patoka Lake. Do not leave your boat unattended.
17. Know your due in time before leaving. Gilligan’s operates on Eastern Daylight Savings time. Your due-in time is recorded on your BEFORE boating checklist, on your boarding pass &/or sales order. See gilligansboats.com for civil twilight information if applicable.
18. Operating after dark is strongly discouraged. Night time boat operation is hazardous. Should you choose to operate a boat after dark you must have navigation lights & headlights or your own spotlights or lanterns. Gilligan’s strongly recommends being docked or anchored after dark.
NIGHT TIME BOAT OPERATION- WARNING: Gilligan’s Boats recommends AGAINST driving a boat on Patoka Lake after civil twilight or after dark. Gilligan’s Boats offers “overnight rental” for guests who wish to be out operating rental boats during night time hours.
Hours between civil twilight & 7am EDT are considered “overnight.” Standard due-in time for all Gilligan’s rental boats is 6pm EDST, although bonus boating hours (6pm until civil twilight) are sometimes enjoyed by guests. For guests who choose night time boating (after civil twilight and during night time hours) boats are due back at their starting location at Gilligan’s Lagoon courtesy dock by no later than 7am EDT for inspection.
It is STRONGLY recommended that all guests either return their boats to their starting or departure location at Gilligan’s Lagoon courtesy dock near South Boat Ramp or be anchored or stationary after dark. Storms, high wind, lightning, obstacles, and collision with other boaters are all potential hazards. These are only some of the risks when boating on Patoka Lake during late evening and nighttime hours.
Gilligan’s rental boats are equipped with navigation lights, but only some have headlights. Know before you go whether your boat is equipped with OPERATIONAL NAVIGATION LIGHTS AND HEADLIGHTS. Understand that injury or death can occur when boats are operated on Patoka Lake when it is dark. Nighttime Boating is potentially hazardous for all persons on board. Proceed at your own risk. Take every precaution you can. BE WARNED: NIGHTIME BOAT OPERATION IS POTENTIALLY DANGEROUS AND CAN RESULT IN DEATH OR INJURY TO YOU AND OTHERS.
I (We), the undersigned have read and do hereby understand, accept responsibility for, and agree to the above contract terms.