Sam’s Dock Boat, Personal Watercraft & Equipment Terms & Conditions Agreement
PLEASE READ THIS ENTIRE AGREEMENT BEFORE COMPLETING YOUR RESERVATION
AGE REQUIREMENT LESSEE must be at least 18 with a valid driver’s license and a major credit card in their own name.
CANCELLATIONS Once your reservation is booked and payment is processed, there are no refunds.
RESCHEDULING Reservations are non-refundable. You may reschedule your rental with a minimum of 48 hours written notice. The rescheduled date may be reserved during the current season only, or it will be forfeited. Email your request to email@example.com. [This policy applies to rentals-only. Charters/Party Boats are bound to their own policies).
RAINCHECKS Rainchecks are offered at the sole discretion of Sam’s Dock. Raincheck are offered when weather conditions are dangerous (ie High winds, lightning, tornado warnings). Sam’s Dock will not offer a raincheck if conditions are merely not-ideal, such as it being overcast or light misting. Rainchecks are never offered in advance.
Rainchecks are NOT issued by our Reservations Department. Please do not contact them to request a raincheck as they are not authorized to issue one. Rainchecks are issued by the Sam’s Dock location manager at the marina on the date and time of your scheduled reservation ONLY. Please do NOT schedule any vendors who might charge a cancellation fee if your reservation is cancelled/postponed due to dangerous weather.
Sam’s Dock is not responsible for your loss of monies paid to vendors (ie DJ, Catering). We will not entertain any requests for full or partial refunds for vendor cancellation penalties. When issued a rain check, it must be used within 365 days of purchase or it will be forfeited.
Sam’s Dock reserves the right to cancel this agreement due to inclement or impending weather, act of God, and/or for other reasons outside of Sam’s Dock’s control. In such event, a rain check will be issued, per Sam’s Dock’s discretion. If LESSEE resides outside the state of Texas, LESSEE, upon valid proof of residency, will be issued a refund upon request.
ALTERNATE CUSTOMER ACCOMMODATION Sam’s Dock’s ability to provide a watercraft, if reserved, is contingent upon and subject to the return of the watercraft by the previous LESSEE in many cases, or any other cause beyond Sam’s Dock’s control. In such event, a rain check or refund will be issued. Sam’s Dock does not guarantee the make/model of any of our rentals. Sam’s Dock reserves the right to move customer reservations to another boat/personal watercraft of equal or better value, at our discretion.
RESERVED TIME If you fail to show for your reservation, it will be forfeited. Rental time starts at the time reserved. Please check in 30 minutes prior to your reserved time to complete paperwork and renter orientation. Time lost due to late arrival or early returns will not result in a refund or rain check. As a courtesy, if your rental is for a PARTY BOAT CHARTER, you may have access to your boat 30 minutes prior to your rental start time for loading, decorating, DJ set up etc; You may have access to the boat 1 hour prior to your rental start time if renting the Tejas Luxury Event Boat. Otherwise, more time for set up must be purchased.
DAMAGE/LATE FEES Customer agrees to be fully-responsible for payment of damage cost to Sam’s Dock. Fees are charged via pre-authorization to your credit/debit card or from a cash deposit.
FUEL Fuel is not included in the rental rate. You will be sent out with a full tank of gas and are only responsible for replacing what was used during your rental time upon return. You may choose the prepay option to save time waiting for the watercraft to be refueled upon return, as well as an additional transaction in the ship store. Prepaying for fuel is almost always a savings, depending on how you choose to use the watercraft while out on the water. It’s based on the hours of use of your reservation.
MAXIMUM CAPACITY Everyone that boards the boat, whether a caterer, DJ, or guest must be counted as a passenger. This is STRICTLY enforced as it’s mandated by the Texas Parks & Wildlife Department and US Coast Guard stability allowances. It’s not a Sam’s Dock rule, so please do not ask us to bend it as it puts everyone at risk. Capacities of all boats is listed on our website. LESSEE agrees that the watercraft rented will not exceed the maximum-permitted occupancy and weight limitations.
TEJAS NO SWIMMING There is NO swimming from the Tejas Luxury Event Boat at any time. It is not equipped properly, or lawfully, for swimming.
PRE-AUTHORIZATION All credit / debit cards on file will be pre-authorized the night before (or the day of) the rental reservation. The amount pre-authorized is per each rental unit. All pontoons, PWC and party boat charters are pre-authorized for $500, ski / surf boats for $1000 and water toys for $250. If you prefer to use a separate credit card for pre-auth, please contact the reservation desk at least 48 hours prior to your reservation. LESSEE agrees to provide, and pre-authorize, a valid credit card and/or other available funds to cover damage caused to Sam’s Dock watercraft by lessee and/or guests. Compensation includes, but is not limited to, reimbursement of articles damaged, lost or broken. The amount available on the balance of the credit card, or any other funds, on file shall in no way be considered a limitation on the amount of damages, reimbursements or rental charges owed by LESSEE.
RETURNING LATE LESSEE agrees to pay late fees(Minimum $175.00 per 15-minute period) in the event the watercraft is not returned at the specified rental completion time.
RESCUE FEE LESSEE agrees to pay $250 rescue fee for any rescue unrelated to watercraft manufacturer defect or mechanical failure.
CUSTOMER NEGLIGENCE LESSEE agrees not to use, nor permit the use of the watercraft for any of the following: for any illegal/unlawful purpose, in a careless/negligent manner, while under the influence of liquor, narcotics and/or other illegal/unlawful substances, or by any other person not a signatory of this agreement, regardless if equally qualified or licensed. LESSEE acknowledges and accepts responsibility for the safe and proper use and lawful operation of the watercraft, and for the safety and welfare of all in LESSEE’s party, other boaters and all other persons. IT IS AGREED AND UNDERSTOOD BY LESSEE THAT SAM’S DOCK shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the watercraft.
INDEMNIFICATION LESSEE further agrees to indemnify and hold harmless, Sam’s Dock, from, and against any and all claims for loss of or damage to property or injury to persons (including death or disability) resulting through the use, operation or possession of rented watercraft. LESSEE further agrees to indemnify and hold harmless should any loss or damages occur to any of LESSEE’s (or anyone in LESSEE’s party) personal property while carried in, or on, the watercraft, including loss or damage caused by fire, water, theft or any other cause whatsoever.
LESSEE expressly agrees to indemnify and hold harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcement of this agreement by Sam’s Dock, including expenses incurred in collection or attempting to collect any damages caused or incurred by LESSEE, delinquent rent (and any and all other delinquent charges), and any damages incurred by Sam’s Dock in the event of suit by Sam’s Dock to recover possession of the watercraft and/or to enforce any of the terms, conditions and/or provision hereof. It is understood and agreed that the Jurisdiction of any action hereunder shall be Texas and venue for any action hereunder shall be Denton County.
In the event of any malfunction, breakdown, or if any defect is discovered after the acceptance of the watercraft, LESSEE will immediately report same to Sam’s Dock. In such event, continued use of the watercraft shall be entirely at LESSEE’s risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that result from, or may become involved by its continued use.
CUSTOMER RESPONSIBILITIES The rules and regulations contained herein and posted on the website, in the office of each location, on the watercraft, and/or the grounds by Sam’s Dock are for the safety and welfare of all who use the watercraft and the facilities. LESSEE certifies the he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her guests and other members of LESSEE’s party will obey all such rules and regulations.
EXPRESS ASSUMPTION OF RISK – CAUTION!! READ CAREFULLY BEFORE BOOKING
LESSEE, acknowledges that the operation or use of a watercraft has inherent risks that may lead to bodily injury or death. LESSEE, to his/her knowledge, has no health restrictions which would prevent LESSEE from participating in any activities or entering into this agreement. LESSEE agrees that he/she is renting, operating or using the equipment provided by Sam’s Dock at his/her own risk and assumes all risk of injury, illness, damages or loss that may result of the operation.
COVANENT NOT TO SUE – CAUTION!! READ CAREFULLY BEFORE BOOKING
As part of the consideration for using the rented equipment, LESSEE promises not to sue or make a claim against Sam’s Dock for any damage or loss suffered as a result of participation in the rental activities. It is the intent of this rental agreement to fully and completely release Sam’s Dock from all claims.
LITIGATION Should any term or condition of this agreement be held void or unenforceable, then that term shall be deemed severed from this agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect. Time is of the essence as to the performance of all obligations in this agreement. The prevailing party in any litigation between the parties hereto shall be entitled to recover, as a part of its judgment, reasonable attorney’s fees and costs of suit.
TERMS & CONDITIONS ACKNOWLEDGEMENT
I further understand that the terms and conditions of this agreement contains the entire understanding between lessee and lessor and no other agreement, representation or inducement, oral or written, will be honored which is not included in this agreement, with the exception of the necessary Charter Rentals Policies, Terms & Conditions Agreement. I acknowledge and agree to be legally-bound by the Sam’s Dock Terms & Conditions Agreement when completing a reservation and/or submitting payment.
LESSEE understands that a signed INDEMNITY WAIVER AND RELEASE OF LIABILITY AGREEMENT is required for all rentals at the time of check in for reservation.
THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND SAM’S DOCK AND NO OTHER AGREEMENT, REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.
The policies contained herein do not apply to charter/party boats. A separate policy document applies to these boats.