*If a Holiday falls on a weekend, there is a 2 Day Minimum on all watercraft rentals.*

DEPOSIT & PAYMENT

   A $200.00 “Security Deposit” will be authorized to your card at time of booking. *If for any reason the watercraft is returned to Rock Creek Water Sports with any excessive mess from food, drinks, animals etc or any damage, the authorized “Security Deposit” will be held and no longer refunded.

CANCELLATIONS

   RCWS is NOT responsible for the Renter’s inability to arrive &/or arrive on time. If the renter chooses to depart early for any reason, or if a member of the renter’s party does not show up resulting in cancelation.

   NO refunds or rebates will be offered. We ask that you please cancel 48 hours prior to check out date. Failure to do so will result in a full charge of the rental reservation.

DAMAGES TO WATERCRAFT & ACCESSORIES

   Any additional cost of replacing lost equipment, repairing damage to the watercraft including parts, transportation of the watercraft or other property to and from point of repair, the full rental rate covering time that boat is “out of service” as a result in the damages.

   The renter will be responsible for any damage or bad condition done to the watercraft during the rental period. The repairs or replacement fees will be charged to the renter’s form of payment at time of booking. If this is not possible the renter will be responsible for any & all collection cost and attorney fees necessary to secure reimbursement to Rock Creek Water Sports. 

OPTIONAL DAMAGE WAIVER

RCWS does offer additional insurance to the Renter. The cost of the waiver is $50.00 per watercraft with coverages up to $200.00.

The following items are covered under said policy.

          Prop damage, minor tune damage, canopy damage, minimal cushion repairs, missing life vest, buoys, anchors, & or ropes, damage to tubes, damage to Lilly pads, Lost or damaged coolers. lost or damaged fishing poles or catching nets.

RULES & REGULATIONS

• Smoking is PROHIBITED on the watercraft.

• Pets are welcome on watercraft, we do however require a “Pet Fee” in the amount of $50.00. Pets that are trained & well supervised are permitted. Any accidental waste must be cleaned. If there are any stains, tears etc. to the watercraft the “security deposit” will be withheld. RCWS is NOT responsible for and injury or death to said pets abord the watercraft.

• The Renter agrees to have the watercraft parked in its designated slip prior to departing it. If the “Renter” fails to do so any damage obtained to said watercraft & or accessories will be the financial responsibility of said “Renter”.

• The Renter agrees they will NOT operate the boat while under the influence of alcohol and or drugs. In the event of bodily injury or death due to being under the influence RCWS IS NOT LIABLE. The liability will be solely on the “Renter” of the watercraft & or accessories.

• Fuel used is the financial responsibility of the renter and is to be replenished at the SOUTHSIDE MARINA gas station upon return. The renter is NOT allowed to bring their own fuel in from out of town. Failure to fuel boat tank to FULL will result in a $1.00 additional fuel surcharge per gallon & an additional $50.00 “inconvenience fee”.

• The Renter agrees that the watercraft will not be used for any exhibition, race, unlawful purpose. In the event of bodily injury or death due using said watercraft as such, RCWS IS NOT LIABLE. The liability will be solely on the “Renter” of the watercraft & or accessories.

• Watercraft will not be used by any other person not the signatory of the agreement, not at least 21 years of age, or equally qualified. In the event of bodily injury or death due to another person aside from the registered renter operating the watercraft & or its accessories. RCWS IS NOT LIABLE. The liability will be solely on the “Renter” of the watercraft & or accessories.

• The Renter indemnifies and will hold Rock Creek Watersports harmless against all claims arising from passengers on the boat during the rental period.

• The Renter agrees to use the boat in a safe and legal manner.

• The Renter agrees not to keep any firearms in the boat.

• The Renter agrees to have all persons being pulled behind said watercraft be properly in a recreational life vest.

Failure to abide by these rules and regulations could lead to bodily injury & or death. Damage of watercraft and or accessories. You as the “Signatory Renter” agree and take full responsibility of all negligence of watercraft/ accessories. 

RISK & SAFETY

The “Renter” acknowledges that there is a possibility of personal bodily injury in any sport or activity associated with the outdoors & boating, including

1) changing water flow, tides, currents, wave action and ships wake;
2) Collisions with any of the following: other participants, the vessel, other vessels, and man-made or natural objects;
3)Collision, capsizing, sinking or other hazard which results in wetness, injury, expose to elements, hypothermia, drowning and/or death;
4)Attack by or encounter with insects and marine life forms;
5)Equipment failure or operator error;
6)Sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions;
7 )Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature; 8)Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

  Knowing of these inherent dangers, assumes and accepts all risk in the use of the boat, and assumes & accepts all responsibility for bodily injury, death and loss or damages of personal property and expenses incurred there for the “renter” hereby releases from any legal liability of Rock Creek Water Sports and agents for damage, bodily injury, or death to the renter and or any person or property aboard the watercraft.

   Resulting from the selection, maintenance, or use of the watercraft, and for any claim based upon negligence, breach of warranty, contract, or other legal theory.

The “Renter” agrees to accept FULL responsibility for all such damage or injury which may result.

WATERCRAFT EQUIPTMENT & STATUS

      RCWS assures that the boat was inspected thoroughly * the motor is in working condition. All equipment & utilities included in the rental are listed on a separate document called “Boat Checklist”. It is the responsibility of the renter to inspect the boat for any damage or issues before taking it from RCWS.

 If the person under the age of 12 is aboard the watercraft, they MUST always wear a life vest. If outside the watercraft (swimming, tubing, etc.) all individuals should wear a life vest.

Each watercraft is equipped with a US COAST GUARD life vest, these life vests are NOT TO BE USED DURING WATER SPORT ACTIVITES. You must wear a recreational life vest i.e. tubing, playing on Lilly pad, skiing etc.
**The number listed on each watercraft should be followed strictly.


THE RENTER

The Renter acknowledges that this agreement will not be assigned or sublet, & failure to comply with these terms & conditions will immediately terminate this agreement.

  The Renter acknowledges that the watercraft is the rightful property of RCWS, and further acknowledges that they received the watercraft in good working order. The renter agrees to return the said watercraft with all accessories and equipment to its owner in the same manner as the renter received it.

 

The Renter inspected the watercraft & acknowledges that the boat is equipped US coast guard life vest or buoyant cushions, paddle, anchor & line, fire extinguisher, horn, & and full tank of fuel.

The Renter acknowledges and agrees that the watercraft will be operated by the Renter listed in this agreement.

  The Renter warrants that they are qualified to operate the said watercraft, & that they will not allow any other person(s) including his/ her family & or guest, to operate the said watercraft.

   The Renter will be responsible for all such operations and will not operate the watercraft under the influence of drugs & or alcohol.

INDEMNIFICATION

Throughout this is the entire agreement between ROCK CREEK WATERSPORTS & the Renter. No waiver by RCWS or any breach of the agreement by the Renter will be construed as a waiver or any subsequent breach. The waiver also allows RCWS to use any pictures for advertising use.

  The Renter indemnifies the owner free & harmless against any liabilities like accidents, loss of property, injury, or death of any person(s). This agreement shall be governed under the laws of the State of Montana.

The undersigned hereby agreed that both the “Owner” & the “Renter” read this Watercraft Rental Agreement in its entirety and acknowledge it.