Glacial Lakes Rental

Menu
Booking Now

TERMS AND CONDITIONS

WATERCRAFT RENTAL AGREEMENT

These Terms and Conditions (the “Terms”) are made pursuant to and form a part of the Watercraft Rental Agreement (the “Agreement”) entered into by and between Glacial Lakes Rental LLC and the undersigned Renter (collectively, the “Parties”).

The Agreement becomes effective when signed by both Glacial Lakes Rental LLC and the Renter. In consideration of the mutual promises contained herein, the Parties agree as follows:

1. Rental

The Renter agrees to rent a watercraft (the “Watercraft”), which for purposes of these Terms includes any trailer used to transport the Watercraft, from Glacial Lakes Rental LLC (the “Rental”), as described in the Agreement and subject to these Terms.

2. Dangerous Activities – Acknowledgment of Risk

The Renter acknowledges that participation in boating and watercraft activities involves known and unanticipated risks that may result in physical or emotional injury, paralysis, death, or damage to the Renter, property, or third parties. Such risks cannot be eliminated without jeopardizing the essential nature of the activity.

2.1 Examples of Risks Include (but are not limited to):

  • Slips and falls
  • Collisions with fixed objects or other watercraft
  • Sea sickness
  • Capsizing or entrapment
  • Rapidly changing weather and water conditions
  • Strong winds, storms, waves, lightning, currents, eddies, and whirlpools
  • Cold water shock, hypothermia, accidental drowning
  • Heat exhaustion, dehydration, sunburn, hyperthermia
  • Physical injuries (wrist, arm, shoulder, back)
  • Encounters with aggressive or poisonous marine life
  • Limited access to medical facilities in remote areas
  • Transportation accidents while traveling to and from docks or piers

3. No Warranty

Glacial Lakes Rental LLC and its employees do not warrant:

  • Safe water or weather conditions
  • The fitness or ability of any user
  • The adequacy of instructions or the Renter’s ability to understand risks

4. General Rules of Operation

In addition to the Agreement, the following rules apply:

  1. Age & License: Only persons age 18 or older with a valid driver’s license who have signed the Agreement may operate the Watercraft.
  2. Operation: Both hands must be on the steering apparatus, both feet on the ski, and operators/passengers must remain seated at all times.
  3. Capacity: Maximum weight is 485 lbs / 220 kg. Maximum seating is three (3) persons.
  4. Skill Level: Operate only within your current skill level.
  5. Maneuvers: No sharp turns, wave jumping, or allowing the Watercraft to leave the water.
  6. Shallow Areas: Do not run aground or operate in shallow water with obstacles.
  7. Restricted Areas: Maintain at least 250 feet from swimmers, beaches, docks, snorkelers, divers, and other vessels.
  8. Conduct: No splashing or spraying others.
  9. Rollover: Any rollover requires inspection and incurs a $50 fee.
  10. Damage Reporting: Report all damage upon return.
  11. No-Wake Zones: Observe all no-wake areas.
  12. No Racing: No races, exhibitions, or contests.
  13. No Towing: Do not tow or be towed by any object or person.
  14. Security: Do not leave the Watercraft, equipment, or keys unattended.
  15. Compliance: Follow all posted and provided safety instructions.
  16. Repairs: Do not attempt repairs or adjustments.
  17. No Refunds: No refunds for early returns.
  18. Liability for Damage: Renter is responsible for all damage.
  19. Late Returns: Overtime charged at $2 per minute.

5. Required Age

The Renter must be at least 18 years of age. If under 18, a parent or legal guardian must execute the Agreement and will be bound jointly.

6. Authorized User

At Glacial Lakes Rental LLC’s discretion, one additional Authorized User may operate the Watercraft, provided they are designated in advance and complete the Agreement. All references to “Renter” apply equally to the Authorized User.

7. Prohibited Substances

Any use or possession of narcotics, marijuana, alcohol, or illegal substances before or during the Rental will result in immediate termination and forfeiture of all payments.

8. Weather Policy

Glacial Lakes Rental LLC is not responsible for inclement weather. No refunds are provided for weather-related cancellations or early returns unless expressly stated herein.

9. Release and Hold Harmless

9.1 Assumption of Risk

The Renter voluntarily assumes all risks associated with the Rental.

9.2 Release & Indemnification

The Renter releases, indemnifies, and holds harmless Glacial Lakes Rental LLC, its affiliates, officers, employees, agents, successors, and assigns from all claims, damages, costs, and liabilities, including attorneys’ fees, arising from the Rental or use of the Watercraft.

9.3 Waiver of Claims

The Renter waives all claims for injury, death, or property damage, including those arising from negligence of Glacial Lakes Rental LLC.

9.4 Mutual Negligence

  • Renter releases Glacial Lakes Rental LLC for damages caused by Renter’s negligence.
  • Glacial Lakes Rental LLC releases Renter for damages caused solely by the company’s negligence.

9.5 Third-Party Facility

Glacial Lakes Rental LLC operates out of Hillside Resort, Inc. The Renter extends the same releases and indemnifications to Hillside Resort, Inc.

10. Default

Violation of these Terms or applicable laws results in forfeiture of all payments and deposits. The Renter is responsible for all damages.

11. Renter Representations & Warranties

The Renter represents that:

  • Adequate insurance coverage exists
  • Any medical condition risks are accepted
  • The Watercraft is received in good condition and will be returned as such
  • Any towing vehicle is suitable and lawful
  • The Renter understands this Agreement may waive legal rights

12. Included Items

Glacial Lakes Rental LLC provides fuel and life vests (sizes Small–XL).

13. Flotation Devices

Life vests must be worn at all times by all operators and passengers. The Renter assumes all liability related to their use.

14. Grant of Access

The Renter grants Glacial Lakes Rental LLC access to property for delivery, pickup, or repossession. The Watercraft may not be loaned or sublet.

15. Emergencies & Mechanical Issues

  • Emergency: Call 911
  • Non-emergency: Call (605) 809-5440

16. Use of Materials

Glacial Lakes Rental LLC may use photos of the Renter and party for advertising and reference purposes.

17. Severability

If any provision is found unenforceable, the remaining provisions remain valid.

18. Heirs and Successors

These Terms bind the Parties and their heirs, successors, assigns, and representatives.

19. Opportunity to Review

The Renter confirms sufficient time to review and understand this Agreement and enters into it voluntarily.

20. Governing Law & Venue

This Agreement is governed by the laws of the State of South Dakota. Venue for disputes shall be exclusively in South Dakota courts.