Lessee agrees to pay LBM the total of the rental charge and any security deposits listed below, prior to departure. Payment for the boat must be by cash, traveler’s check, certified check or credit card. Security deposits however must be paid by credit card only. Lessee shall pay for any gasoline or oil used during rental. The deposit will be refunded upon return of the rental boat to the marina, after inspection of condition by rental staff and all other fees/expenses have been paid. *Deposit can take 5-7 business days to be returned due to banking services.
Pontoons limited to a maximum of twelve (12) people, unless otherwise noted.
Fishing Boats limited to a maximum of three (3) people, unless otherwise noted.
Fees: $25 Pet Fee
NO BARBEQUE GRILLS ALLOWED
It is specifically agreed and acknowledged by the Lessee that the vessel, it’s gear and equipment are in good working order and are in seaworthy condition. The Lessee agrees to return said vessel and all of it’s equipment/gear in the same condition. Ordinary wear and tear is expected to Lake Barkley Marina. At no time shall any equipment be removed from the vessel. Towing of other boats is strictly prohibited.
Multi-day rentals may keep the boat overnight at a private dock if it is approved by Lake Barkley Marina management. Otherwise, it must be returned nightly to rental boat dock.
LBM will provide all safety equipment, including life jackets to the Lessee. The Lessee agrees to provide each occupant of the boat with the life jackets provided and understands policies listed below.
- Lessee understands that anyone under the age of 12 must wear a life jacket while the boat is in motion.
- Lessee understands that all boat occupants must remain inside the splash rail while the boat is in motion. *Slide Boat Rentals: Passengers are strictly prohibited from occupying the upper deck while the boat is in motion.
- Lessee/Driver certifies that they are at least 21 years or older and agree that they will not operate the boat while under the influence of alcohol or controlled substances. Lessee agrees that they will not permit anyone to drive the boat that hasn’t been approved by LBM staff; and that they will not remove the boat from the waters of Lake Barkley.
- Lessee further acknowledges that they have been instructed in and fully understand the safety operations of boating, agreeing to observe all safety precautions. Lessee further acknowledges that they are skilled and experience in operating boats of the same type and construction as the boat rented herein. In accepting and agreeing to operate said boat according to all rules and regulations set forth by Federal, State and Local governments; along with all laws applicable to Lake Barkley in Cadiz, KY. These laws are hereby considered to be a part of this agreement as though copied herein verbatim.
Lessee shall be considered liable to Lessor for any and all damage claims, demands, costs or expenses relating to the injury of any persons or property, arising from or connected to the Lessee possession, use and return of items rented. Lessee agrees to pay a rescue fee of $150 in addition to fuel used in the rescue boat should Lake Barkley Marina staff need to rescue the Lessee for any reason. The boundaries of operation of the rental boat by Lessee are inside the bay Lake Barkley Marina sits during the spring and fall season (before Memorial Day weekend and after Labor Day weekend). During the summer season (between Memorial Day weekend and Labor Day weekend) the boundaries of operation are south to the Hwy 68 bridge and north to Prizer Point Marina. The Lessee is also prohibited from going near the Lake Barkley State Park main beach. Our rental boats are also not to go to the Land between the Lakes area on the opposite side of the main channel from our marina. The lake is shallow on that side of the lake. Failure to adher to these boundaries will result in forfeiture of Lessee’s security deposit as this puts the rental equipment in jeopardy as well as Lake Barkley Marina staff members should a rescue be required.
Lessee shall indemnify Lessor and hold Lessor harmless from and against all liabilities, losses and expenses. Including reasonable attorney fees, in respect of the possession, use and return of items rented. Lessee hereby releases and discharges Lessor from and against any liability, claims, demands, controversies, damages, actions or causes of action on account of any losses, damages, and liabilities of any kind or nature which may be sustained by Lessee or any member of the Lessee’s party/family. This release shall be effective with respect to all such persons and their heirs, executors, administrators, successors and assigns. The release in this paragraph shall apply with respect to any personal injury and property damage and loss of life that may be sustained by any such persons described herein.
Lessee by execution hereof acknowledges that Lessee has had full opportunity to inspect all items rented by Lessor to Lessee simultaneously herewith and accepts the same in the condition rented, as is, where is and with all faults. Lessor makes no expressed or implied warranty for a particular purpose and there are no warranties which extend beyond the description of items rented. In addition, the Lessee acknowledges by their signature below that Lessee has had full opportunity to examine and inspect items rented and has done so or refused to examine the equipment provide by the Lessor.
Lessor and each person described in paragraph 7 herein as releasing Lessor of liability further agree that such person will never institute any action of suit at law or in equity against Lessor nor institute, prosecute or in any way aid in the institution of prosecution of any claim, demand, action, or cause or actions for damages, costs, loss, expenses or compensation for or on account of any damage, loss or injury, whether developed or undeveloped, resulting or to result, known or unknown, past present or future, and arising out of the rental by Lessor to Lessee. In the event of any breach of the foregoing provisions of this paragraph, the Party causing such breach, and Lessee in all events, hereby expressly agree to indemnify and hold Lessor harmless from any liability whatsoever, including Court costs and attorney’s fees, arising with respect to such breach.
Lessee specifically acknowledges that any insurance carrier of the Lessor may pursue any liability of Lessee to Lessor hereunder and no representation has been made to Lessee that any such insurance carrier of Lessor waives subrogation of claims against Lessee.
Lessee accepts full responsibility for full cost or replacement, or repair of all items rented from Lake Barkley Marina/MSR & Associates acknowledging that their security deposit is but a token gesture and may not reflect the entire extent of their liability.
Lessee may terminate their rental at any time but under no circumstances will they receive a refund of the rental charge. If any of the terms listed above are violated, Lake Barkley Marina reserves the right to terminate this rental agreement at any time; under no circumstances will the Lessee receive a refund of the rental charge.
If any provision of this Agreement shall be deemed unlawful, null, void or unenforceable by a Court of competent jurisdiction, this Agreement shall be construed as if such provision were not contained herein.
