BlueStar Resort & Golf – Watersport Liability Waiver

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In consideration for being permitted to participate in watersports either on-site or in conjunction with a BlueStar Club or community activity, the BlueStar Club (herein after referred to as the CLUB) agrees to lease the craft and equipment described herein (if applicable) and/or to allow participation to the undersigned (herein after referred to as the USER). Craft and equipment refers to the craft rented from the CLUB or provided by the USER. THE USER CERTIFIES THAT HE/SHE HAS EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT MAY BE LEASED OR USED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.

  • The USER acknowledges that he/she will maintain both craft and equipment in a safe, dependable condition while in he/she has custody.
  • USER agrees to report any accident, malfunction or breakdown of any craft to the CLUB immediately in accordance with the malfunction/breakdown clause as follows.
  • This certifies that I (We), the USER (S) am/are experienced and capable in all aspects of the handling and operation of the craft such as the one that may be rented or provided above. USER agrees said craft will not be occupied by a greater number of persons that is shown in this agreement. I, the USER (S) will not remove any rental equipment from the Lake. WHEN LAUNCH AREA IS UNMANNED BY CLUB REPRESENTATIVES, OPERATION OF ALL CRAFTS AND EQUIPMENT IS FORBIDDEN, WITHOUT EXCEPTION. Vessels must be returned to the launch area no later than the posted time.
  • I authorize and allow CLUB to charge my credit card for any damages or loss of equipment.
  • The Security Deposit shall be retained by the CLUB 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; or to be applied to the rental charges upon return of craft by USER.
  • USER agrees not to use, nor permit the use:
    1. of the craft for any unlawful purpose;
    2. of the craft in a careless or negligent manner;
    3. of the craft while under the influence of liquor or narcotics; or any other drugs
    4. by any other person not the signatory of the agreement, or not equally qualified;
    5. of the craft when the Shoreline Outfitter is unmanned.
    6. of the craft outside the CLUB’s posted hours.
  • USER acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY USER that the CLUB shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of any craft. USER FURTHER AGREES to indemnify and hold harmless the CLUB, its governing homeowners’ association and/or its employees, directors officers, managers, agents, affiliates and personnel (collectively, the “RELEASEES”) 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 craft. USER further agrees to hold the RELEASEES harmless should loss or damages occur to any USER’S personal property while carried in, or on, said craft, including loss or damage by fire, water, theft or any other causes whatsoever.
  • USER expressly agrees to indemnify and hold RELEASEES harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the forgoing rental contract by CLUB, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by CLUB or its governing homeowners’ association, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof. It is understood and agreed that Venue and any action here-under shall be in the county of CLUB.
  • In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the USER will immediately report it to CLUB. Continued use of it shall entirely at the USER’S risk and thus USER assumes all liability of injury and damage to all persons and property that may become involved by its continued use.