ZION ELITE RENTALS

RENTAL AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY & SAFETY ACKNOWLEDGMENT

This Agreement applies to the recreational vessel rented from Zion Elite Rentals (“Zion Elite”). By signing, the Renter/Operator acknowledges that boating involves significant risks and agrees to the terms below.

This Agreement is intended for self-operated recreational boat rentals. Every person aboard the vessel must be identified as a passenger. A parent or legal guardian must sign or provide the required consent for each minor.

1. RENTER / OPERATOR RESPONSIBILITY

The person signing as the Renter/Operator represents and agrees that:

I am legally permitted and physically capable of operating the vessel.
I will comply with all applicable federal, Texas, and local boating laws and regulations.
I will comply with applicable boater-education and operator requirements.
I will not allow anyone who is unauthorized, unqualified, impaired, or otherwise legally prohibited from operating the vessel.
I am responsible for the operation and control of the vessel during the rental period.
I am responsible for the conduct of my passengers and will make reasonable efforts to ensure that they comply with these rules.
I will not exceed the vessel's stated passenger, weight, or equipment capacity.
I will follow all safety instructions provided by Zion Elite.
I will immediately stop operating the vessel and contact Zion Elite if I believe the vessel has developed a condition that makes continued operation unsafe.

The Renter/Operator may not transfer control of the vessel to another person unless that person is legally qualified to operate the vessel and has been authorized as an operator under Zion Elite's rental procedures.

2. ACKNOWLEDGMENT OF BOATING RISKS

I understand that boating and activities occurring on or around a boat involve inherent and other risks that may result in serious bodily injury, permanent disability, drowning, death, or property damage.

These risks include, but are not limited to:

drowning or near-drowning;
slips, trips, and falls;
entering or exiting the vessel;
collisions with other vessels, docks, swimmers, submerged objects, shorelines, or structures;
grounding or striking underwater objects;
waves, wakes, currents, wind, storms, lightning, extreme temperatures, and changing weather;
sun exposure, dehydration, heat-related illness, and exposure to natural conditions;
injuries involving propellers, engines, jet drives, ropes, anchors, docks, ladders, or other equipment;
mechanical, electrical, steering, or equipment malfunction;
fire, fuel, battery, or electrical hazards;
actions or negligence of other boaters or third parties;
swimming and entering or exiting the water;
tubing, towing, and other watersports;
delayed emergency response or limited access to immediate medical assistance while on the water; and
risks arising from the actions, inexperience, errors, or negligence of the Renter, passengers, or other persons.

I understand that Zion Elite cannot eliminate all risks associated with boating.

I voluntarily choose to participate in the rental and knowingly assume the inherent and reasonably foreseeable risks associated with recreational boating and related activities.

3. RELEASE OF LIABILITY — INCLUDING ORDINARY NEGLIGENCE

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I, FOR MYSELF AND MY HEIRS, ESTATE, PERSONAL REPRESENTATIVES, AND ASSIGNS, RELEASE AND DISCHARGE ZION ELITE RENTALS, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (“RELEASED PARTIES”) FROM CLAIMS ARISING FROM PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ASSOCIATED WITH MY RENTAL OR USE OF THE VESSEL, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

I EXPRESSLY UNDERSTAND THAT THIS RELEASE IS INTENDED TO INCLUDE, TO THE EXTENT PERMITTED BY LAW, CLAIMS ALLEGING THE ORDINARY NEGLIGENCE OF ZION ELITE RENTALS OR ANOTHER RELEASED PARTY.

This release does not apply to liability that cannot lawfully be released or limited.

Nothing in this Agreement is intended to waive rights that applicable law prohibits the parties from waiving.

4. SAFETY INSTRUCTION ACKNOWLEDGMENT

Before taking possession of the vessel, the Renter/Operator acknowledges receiving or being given access to instruction concerning:

safe operation of the vessel;
applicable Texas boating laws and basic boating-safety requirements;
the operating characteristics and controls of the specific vessel;
starting and stopping procedures;
steering and maneuvering;
docking;
applicable engine, propeller, or jet-drive hazards;
required safety equipment and personal flotation devices;
passenger and capacity limitations;
emergency procedures;
the permitted operating area and known local restrictions communicated by Zion Elite; and
any other vessel-specific instructions provided by Zion Elite.

I have had the opportunity to ask questions and agree not to operate the vessel unless I understand its basic controls and safe operation.

5. LIFE JACKETS AND SAFETY EQUIPMENT

I understand that personal flotation devices must be used as required by applicable law and according to instructions provided by Zion Elite.

Children and other persons required by law to wear a personal flotation device must do so.

The Renter/Operator is responsible for making reasonable efforts to ensure passengers comply with applicable life-jacket requirements.

Life jackets and required safety equipment may not be intentionally removed, discarded, disabled, or misused.

6. ALCOHOL, DRUGS, AND IMPAIRMENT

The Renter/Operator must not operate or be in actual physical control of the vessel while intoxicated or impaired by alcohol, illegal drugs, marijuana, prescription medication, over-the-counter medication, or any other substance that makes safe operation unsafe or unlawful.

Passengers may possess or consume alcohol only when permitted by applicable law and Zion Elite's rules.

Illegal drugs are prohibited aboard the vessel.

Zion Elite may refuse or terminate a rental if Zion Elite reasonably believes that an operator is intoxicated, impaired, behaving recklessly, or otherwise unable to safely operate the vessel.

7. PROHIBITED AND UNSAFE OPERATION

The Renter/Operator agrees not to:

operate recklessly or negligently;
intentionally jump wakes or operate in a manner likely to damage the vessel or injure passengers;
operate at an unsafe speed for conditions;
exceed posted or applicable no-wake restrictions;
overload the vessel;
allow unauthorized operation;
intentionally enter prohibited, restricted, or dangerously shallow areas;
beach, ground, or intentionally run the vessel onto shore unless specifically authorized by Zion Elite;
tow another vessel except in an emergency when reasonably necessary for safety and lawful to do so;
use the vessel for illegal activity;
participate in racing or speed contests;
carry more persons or weight than permitted by the vessel's capacity limitations; or
continue operating when weather, mechanical conditions, visibility, operator condition, or another circumstance makes continued operation unsafe.

8. TUBING AND WATERSPORTS

If tubing, towing, swimming, or other watersports are permitted during the rental, I understand that these activities create additional risks, including falls, high-speed impact with water, collisions, rope injuries, drowning, propeller or jet-drive injuries, and injuries caused by wakes or other vessels.

The Renter/Operator is responsible for conducting these activities in accordance with applicable law and the instructions provided by Zion Elite.

Participants must use appropriate safety equipment and personal flotation devices as required by law.

No person may enter the water while the vessel's propulsion system is operating when doing so would create an unsafe condition.

I voluntarily assume the inherent and reasonably foreseeable risks associated with these activities.

9. WEATHER AND UNSAFE CONDITIONS

Weather and water conditions can change rapidly.

The Renter/Operator is responsible for monitoring conditions during the rental and adjusting operation accordingly.

Zion Elite may delay, restrict, terminate, or cancel use of the vessel when Zion Elite reasonably determines that weather, water conditions, mechanical issues, operator conduct, or another safety concern makes continued operation unsafe.

The Renter/Operator agrees to return to the marina or another location designated by Zion Elite when reasonably instructed to do so for safety reasons.

10. DAMAGE AND FINANCIAL RESPONSIBILITY

The Renter is responsible for physical damage to the vessel or its equipment occurring during the rental to the extent provided by the rental agreement, booking terms, applicable insurance, and applicable law, excluding ordinary wear and tear.

Potential renter responsibility may include, as applicable:

hull or pontoon damage;
propeller, lower-unit, engine, jet-pump, impeller, or intake damage;
damage caused by grounding or striking submerged objects;
dock or collision damage;
damaged upholstery, flooring, electronics, Bimini tops, ladders, or accessories;
lost or damaged safety equipment;
lost anchors, ropes, bumpers, or other equipment;
damage resulting from prohibited or reckless operation;
excessive cleaning resulting from misuse or extraordinary conditions;
towing, recovery, salvage, or retrieval expenses resulting from renter misuse, negligence, unauthorized operation, or violation of this Agreement;
lost or damaged rental add-ons; and
other documented damage attributable to the Renter, an authorized operator, or the Renter's passengers.

The Renter authorizes Zion Elite to apply any security deposit or card authorization according to the separately disclosed booking and payment terms.

Any amount charged will remain subject to applicable insurance, booking-platform rules, payment rules, and law.

The Renter is also responsible for citations, fines, penalties, or charges arising from the Renter's or an authorized operator's violation of law, to the extent permitted by law.

11. ACCIDENTS, DAMAGE, AND EMERGENCIES

The Renter/Operator must promptly notify Zion Elite of:

any collision or accident;
injury requiring medical attention;
damage to the vessel;
grounding;
mechanical failure;
loss of equipment;
law-enforcement contact involving the vessel; or
any event that could reasonably result in an insurance or liability claim.

In an emergency, the Renter/Operator should first take reasonable action necessary to protect human life and contact appropriate emergency authorities when necessary.

The Renter/Operator must reasonably cooperate with Zion Elite, law enforcement, insurers, and other appropriate parties in documenting an accident or loss.

12. FLOATING FLAME PROPANE FIRE PIT — OPTIONAL ADD-ON

THIS SECTION APPLIES ONLY WHEN THE FLOATING FLAME ADD-ON IS PROVIDED WITH THE RENTAL.

The Floating Flame is a portable outdoor propane fire pit intended for permitted recreational use aboard the vessel. It is not a cooking appliance and does not float.

I understand that use of an open-flame propane appliance aboard a vessel involves additional risks, including:

burns;
fire;
ignition of combustible materials;
propane leaks;
explosion;
hot surfaces;
damage to the vessel;
injury caused by wind or vessel movement; and
serious bodily injury or death.

If I choose to use the Floating Flame, I agree that:

It will be used only in accordance with Zion Elite's instructions and the manufacturer's applicable instructions.
It will not be used for cooking.
It will never be placed in the water.
It will only be used while the vessel is stationary or traveling at no-wake speed or slower, and only when conditions permit safe use.
It will not be used during unsafe wind or weather conditions.
A responsible adult will supervise it at all times while it is operating or hot.
Children and pets will be kept away from the appliance and propane equipment.
It will not be moved while lit or while unsafe to handle because of heat.
Flammable materials will be kept a safe distance from the flame and hot surfaces.
The propane supply will be shut off and the flame fully extinguished before the vessel travels faster than no-wake speed.
I will immediately discontinue use if I smell propane, observe abnormal operation, or believe conditions have become unsafe.

Zion Elite may refuse, discontinue, or prohibit use of the Floating Flame at any time based on weather, vessel conditions, location, applicable rules, or other safety concerns.

I voluntarily assume the inherent and reasonably foreseeable risks associated with my use of this optional equipment.

I am responsible, to the extent permitted by applicable law and the rental terms, for damage resulting from misuse, unauthorized use, loss, or dropping the equipment into the water.

13. PASSENGERS AND MINORS

Every person aboard the vessel must be included on the rental's passenger list or otherwise disclosed as required by Zion Elite.

The Renter may not knowingly exceed the vessel's passenger or weight capacity.

A parent or legal guardian signing in connection with a minor acknowledges the boating risks described in this Agreement and authorizes the minor's participation.

Nothing in this Agreement is intended to waive a minor's rights to the extent such rights cannot legally be waived by a parent or guardian.

14. TERMINATION OF RENTAL

Zion Elite may terminate the rental without allowing continued operation if Zion Elite reasonably determines that:

the vessel is being operated dangerously;
an operator is impaired;
unauthorized persons are operating the vessel;
the vessel is overloaded;
laws or material rental rules are being violated;
dangerous weather or water conditions exist;
the vessel has suffered damage or mechanical problems; or
continued use presents an unreasonable safety risk.

Termination for a material safety violation by the Renter does not automatically entitle the Renter to a refund.

Any refund or credit remains subject to the applicable booking terms, platform rules, and law.

15. INSURANCE

I understand that this Agreement does not replace insurance.

Any insurance coverage associated with the rental is governed exclusively by the applicable insurance policy and its terms, conditions, exclusions, deductibles, and coverage limits.

Nothing in this Agreement promises or guarantees insurance coverage for any particular incident.

16. ELECTRONIC SIGNATURE AND RECORDS

I consent to conducting this transaction electronically.

I agree that my electronic signature has the same effect as my handwritten signature to the extent permitted by applicable law.

I authorize Zion Elite to create, store, and retain electronic records and a PDF or other electronic copy of this signed Agreement.

I acknowledge that I have had an opportunity to review this Agreement before signing it.

17. TEXAS LAW AND SEVERABILITY

This Agreement is governed by applicable Texas law, except to the extent federal maritime law or other applicable federal law controls a particular issue.

If any provision of this Agreement is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions will remain in effect to the extent permitted by law.

Nothing in this Agreement is intended to eliminate, restrict, or waive any right or liability that applicable law does not permit the parties to eliminate, restrict, or waive.

18. ACKNOWLEDGMENT

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT BOATING AND RELATED WATER ACTIVITIES INVOLVE RISKS OF SERIOUS INJURY, DROWNING, DEATH, AND PROPERTY DAMAGE.

I UNDERSTAND THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF RISK AND A RELEASE OF CERTAIN CLAIMS, INCLUDING, TO THE EXTENT PERMITTED BY LAW, CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ZION ELITE RENTALS AND THE OTHER RELEASED PARTIES.

I voluntarily agree to these terms.

OPERATOR SAFETY ACKNOWLEDGMENT

By signing below, I acknowledge that before the vessel was released to me, I received the safety and operating instruction described in Section 4, had an opportunity to ask questions, and understand the basic operation of the vessel.

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