ALL DAMAGES MUST BE PAID FOR IMMEDIATELY
Glacier 360 Fish and Recreation LLC agrees to rent the following Ultraskiff Boats to the above-listed renter, upon the condition that the Renter agrees to all the term and conditions set forth below (including the release of claims) and evidences that agreement with his/her signature below.
Ultraskiff Boats by definition, from this point moving forward is referring to Ultraskiff Boat, Seat, Battery, Motor and all safety gear and add-on accessories.
Renters are responsible to know the rules and regulations of the location he/she is boating, including; the renter is responsible for their fishing licenses and hunting tags.
Per Montana State Law: Youths 13 and 14 years of age may not operate those vessels without possessing a valid Montana motorboat operator’s safety certificate or evidence of completing an approved boating safety course, or unless accompanied by someone 18 years of age or older.
- Alcohol and Drug Use
It is unlawful to operate or be in actual physical control of a motorboat, sailboat, water skis, surfboard, or similar device attached to a motorboat while under the influence of alcohol or drugs. A person with an alcohol concentration of 0.08 or more is considered under the influence of alcohol. [MCA 61-8-4]
- Negligent Operation
Operating a vessel in a manner which may endanger the personal health or damage the property of any person is considered negligent operation. A boat’s owner is liable for any injury or damage resulting from negligent operation.
- Montana law prohibits:
- Operating a boat in a careless manner including such things as weaving through congested traffic, passing unreasonably or unnecessarily close to another vessel, and buzzing or wetting down others
- Crossing or jumping the wake of another boat within 100 yards of the vessel or within 100 yards of a water skier being towed by the vessel (except when directly entering or leaving a marina or other watercraft docking/loading area)
- Travel at a speed which does not permit bringing the boat to a stop within the assured clear distance ahead
- A reckless approach to, departure from, or passage by a dock, ramp, diving board, or float.
** If the sizes listed won’t work, please be advised that you will need to bring your own. **
Glacier 360 Fish and Recreation LLC has life jackets for rent in the following sizes: Stohlquist Fit Adult PFD 4 Pack Coast Guard Approved Universal, Adult Universal (> 90lbs) PFDs and Absolute Outdoor Onyx General Purpose Life Vest, Adult Universal, 30-52-Inch Chest, Persons Over 90-Pounds, Universal.
I HAVE READ THE FOREGOING PRIOR TO SIGNING. I UNDERSTAND THAT THIS IS A LEGALLY VALID AND BINDING CONTRACT TO RELEASE GLACIER 360 FISH AND RECREATION LLC. FROM ALL KNOWN AND UNKNOWN OBLIGATIONS AND TO INDEMNIFY OR HOLD GLACIER 360 FISH AND RECREATION LLC. HARMLESS AGAINST ANY CLAIMS BROUGHT AGAINST IT ARISING FROM YOUR USE OF THE ULTRASKIFF BOATS. THIS INSTRUMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN RENTER AND GLACIER 360 FISH AND RECREATION LLC. CONCERNING RENTAL OF THE ULTRASKIFF BOATS AND SUPERSEDES ALL PRIOR STATEMENTS OR AGREEMENT BY EITHER PARTY. THE INVALIDITY OF ANY PROVISIONS OF THIS AGREEMENT SHALL NOT AFFECT THE VALIDITY OF ANY OTHER PROVISIONS. THIS AGREEMENT IS GOVERNED BY MONTANA LAW.
*Renter must be 21 years or older;
*Ultraskiff Boats are 6 foot in circumference, 20 inches deep and 123 lbs.
*No refunds will be given for inclement weather unless conditions are determined to be hazardous;
*Lifejackets must always be worn on the Ultraskiff Boats at all times;
*Renter is responsible for ALL DAMAGES to any Ultraskiff Boats and accessories.
*Renter understands that any damage done to the Ulraskiff Boats will be charged directly to Renter (including parts, labor and motor damage, and Renter will owe per day fee for lost rental time;
*Renter will not take Ultraskiff Boats on rapids;
*If Renter flips Ultraskiff Boats, renter is responsible for all attachments; i.e battery, motor, seat, oars, and all safety gear;
*Renter understands that if a legal action is commenced, Renter is responsible for all legal fees
*Renter is responsible to keep the Ultraskiff clean within reason;
*In the event, the Renter needs rescue, Renter is responsible for a $75 retrieval fee and $3.50/mile fee.
*In the event and damages are not determined by GLACIER 360 FISH AND RECREATION LLC. Rental employees the time of his/her inspection but is determined by GLACIER 360 FISH AND RECREATION LLC at a later date, Renter will be responsible for the additional cost of parts and labor.
* GLACIER 360 FISH AND RECREATION LLC charges $3.50 a mile to deliver Ultraskiff Boats;
*$1000.00 fine for tampering, shutting off, or removal of satellite devise.
Assumption of Risk: Limitation on Liability; and Indemnification: By signing their intitals below and for valuable consideration, Renters acknowledge they have read and fully understand, both for themselves and on behalf of any minors for whom they act as guardian(s) that: (i) the activities for which the Ultraskiff Boat is inherently dangerous and involve risk of injury misadventure, harm, death, loss, inconvenience, or damage; (ii) they expressly and voluntarily assume the risk of injuries, damages, and loss and waive and fully release all claims for injuries, damages, or loss they may sustain while using the Ultraskiff Boats; and (iii) they shall indemnify, defend, and hold harmless GLACIER 360 FISH AND RECREATION LLC against any and all claims for liability for damage and expenses resulting from, arising out of, or in any way connected with Renter’s use, misuse, or abuse of the Ultraskiff Boats, including any attorney’s fees which are incurred by GLACIER 360 FISH AND RECREATION LLC with respect to any claim arising from or related to Renter’s use, misuse, or abuse of Ultraskiff Boats.
The provisions of this paragraph shall survive the termination of this Agreement and are binding upon Renter’s agents, heirs, assigns, and personal representatives.
Acceptable Use: Renter agrees and acknowledges that he/she will be the sole operator of the Ultraskiff Boats and will use the Ultraskiff Boats in a careful, safe, and conscientious manner. Renter shall all times observe and adhere to any rules and guidelines posted by GLACIER 360 FISH AND RECREATION LLC and any applicable laws or regulations. Any citations obtained by Renter are his/her responsibility and Renter shall indemnify and hold GLACIER 360 FISH AND RECREATION LLC harmless therefrom.
Prohibited Activities: Renter shall not violate any of the following rules and regulations during his/her operation of the Ultraskiff Boats:
*There are no passengers permitted on the Ultraskiff Boats unless expressly permitted by GLACIER 360 FISH AND RECREATION LLC in writing;
*No smoking is allowed while on the Ultraskiff Boats;
*No alcoholic beverages are permitted while using the Ultraskiff Boats.
Unsafe Use: If at any time GLACIER 360 FISH AND RECREATION LLC or law enforcement officers determine that Renter has engaged in any unsafe or hazardous use of the Ultraskiff Boats, GLACIER 360 FISH AND RECREATION LLC may immediately terminate the rental. Upon notification of termination, renter must return Ultraskiff Boat and all accessories, to the designated return are immediate. If the rental is terminated for unsafe or hazardous use by GLACIER 360 FISH AND RECREATION LLC. Standards, Renter forfeits his or her rental fee.
Condition of Ultraskiff Boats and accessories upon return: The Renter shall return the Ultraskiff Boats to the designated return area in the same condition as it was in when given to Renter, excluding ordinary wear and tear. Renter shall be responsible for any damage caused to the Ultraskiff Boats during rental period. Renter agrees to pay all labor charges and suggested retail on brand new factory replacement parts if any damage occurs during rental period. Please see the replacement cost schedule. Renter agrees to pay al towing and recovery services. If any plastic part has any crack of any size, the part must be replaced with a brand-new factory part. Renter authorizes GLACIER 360 FISH AND RECREATION LLC. To charge his/her credit card on file to repair all damages caused by the Renter during the rental period. Renter shall be responsible for ALL collection expenses, including attorney’s fees. Renter understands that he/she may be charged up to a 7-day rental charge for any downtime for the rental to be repaired and all parts ordered. ALL DAMAGE MUST BE PAID FOR IMMEDIATELY!
Late Return: If Renter returns the Ultraskiff Boats to the designated return are more than 20 minutes after the scheduled “Return Time”, Renter shall pay $10.00 per every 10 minutes the Ultraskiff Boats is late.
Renter has read and understands all the rules, terms, and conditions set forth below, and agrees to all terms without reservation.
I understand that I am financially responsible for all changes and I am 21 years of age or older. I understand that should I default on payment of my account and collection agency services are required, all costs of collections up to 50% of the balance, including attorney/court will be added to the balance of my account.