WakeSesh Self-Caption Boat Rental Waiver & Liability Release

WakeSesh / Divide LLC – Self-Caption Boat Rental Waiver & Liability Release

IMPORTANT – READ CAREFULLY BEFORE SIGNING

This is a legally binding document. By signing electronically, you acknowledge the risks of operating a self-caption boat and agree to assume full responsibility for yourself, your passengers, and any damage that may occur.

1. Acknowledgment of Risk

  • Personal injury or death
  • Damage to the boat, equipment, or other property
  • Collisions with other boats, swimmers, or obstacles
  • Capsizing, drowning, or other boating accidents

I voluntarily assume full responsibility for all risks associated with the rental and operation of the boat.

2. Release of Liability

I hereby release, waive, and discharge WakeSesh / Divide LLC, its members, managers, employees, contractors, and agents (collectively “Company”) from any and all claims, demands, or causes of action arising from:

  • Personal injury or death
  • Damage to the Company’s equipment
  • Damage or injury to others’ property
  • Any other incident occurring during the rental

This release applies to claims arising from negligence, strict liability, or other legal theories.

3. Renter Responsibilities

  • Operate the boat safely and follow all Colorado boating laws
  • Ensure safety of all passengers
  • Be responsible for any damage to the boat, equipment, or other property
  • Be responsible for any injury to passengers or others resulting from operation of the boat

The $5,000 deposit may be used to cover damage, cleaning fees (up to $300), and fuel usage beyond the full tank provided.

4. Fuel Policy

The boat is delivered with a full tank of gas. Any fuel used during the rental period will be charged at the end of the rental.

5. Boater Qualifications

  • Have adequate boating experience or hold a valid Colorado Boater Safety Course certificate
  • Understand that if not confident, a professional driver from WakeSesh is available at $50/hour
  • Accept full responsibility for safe operation to protect yourself, passengers, and deposit

6. Optional Professional Driver

  • Professional driver ensures maximum safety
  • Waive $5,000 deposit – only $300 deposit in case cleaning fee applies
  • Stress-free enjoyment of the rental

Fee: $50 per hour

7. Indemnification

  • Indemnify and hold harmless WakeSesh / Divide LLC from claims, losses, or damages arising from operation
  • Responsible for injuries to any person
  • Responsible for damage to property, equipment, or the boat

8. Compliance and Safety Rules

  • Follow all Colorado boating laws, lake rules, and posted signage
  • Ensure all passengers wear CGA-approved life jackets
  • Drive responsibly and conservatively, avoiding reckless maneuvers

9. Deposit and Fees

  • Deposit: $5,000 (refundable if boat is returned in good condition)
  • Cleaning Fee: Up to $300 if boat is returned dirty
  • Fuel: Any used fuel will be charged at end of rental

10. Acknowledgment of Understanding

  • I have read this Agreement carefully
  • I understand the terms and agree to them voluntarily
  • I am responsible for all consequences of operating the boat

Electronic Signature

Please complete the form below to sign this waiver electronically:

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Once submitted, a copy of this signed waiver will be emailed to you and stored securely by WakeSesh / Divide LLC.