Terms of Service

You, herein called operator/member, for participating in Buddy Boating, agrees to the following on behalf of all private independent outlets providing their equipment to share in the Buddy Boating program. Buddy Boating is a reservation system. Operator/member receives access to the Buddy Boating fleet of boats, that independent outlets provided in the Buddy Boating program, in accordance with the provisions herein. 

DEPOSIT: All approved and active operator/members will maintain a valid credit card on file, for the term of this agreement which may be used towards additional fees such as deductible, fuel, cleaning, failure to return vessel at scheduled time, that occur, and operator/member fails to pay accordingly, then that portion will be charged your credit card. Operator/member authorizes Buddy Boating to pre-authorize their credit card for $2000.00, which is the amount of the insurance deductible, within 7 days of each scheduled booking. 

 DAMAGE INSURANCE: Damage insurance is required 

FEES ARE NON REFUNDABLE 

OPERATOR/MEMBER IS RESPONSIBLE FOR ALL REPAIR, REPLACEMENT COSTS THAT OCCUR AND IS NOT COVERED UNDER INSURANCE WHEN VESSEL IS IN OPERATOR/MEMBERS POSSESSION.

COMPETENCY EVALUATION:  All operator/members are required to go through a training session and demonstrate proficiency in towing, loading & unloading, and operating a boat. 

OPERATOR/MEMBER RESPONSIBILITY:  Operator/member is responsible for all equipment while in operator/member’s possession.  If applicable, operator/member is responsible for making sure the trailer is properly hitched and working while in his/her possession.  Operator/member is responsible for making sure equipment remains in safe working condition and should not use equipment if it isn’t. 

Operator/member will use EQUIPMENT as it is intended to be used. DELIVERY AND RETURN:  Independent outlet agrees to deliver the boat as stated in full commission and in proper working order, staunch, clean and in good condition throughout and ready for service.  Operator/member agrees to return the boat in same condition as when delivered except for general maintenance.  Should the boat, for any reason, not be returned to the independent outlet in the same condition, operator/member shall be liable for all expenses related to return the boat to the same condition.  If boat is not returned at the scheduled time, operator/member will be responsible for applicable additional charges at twice the daily rate.  Failure to return boat as scheduled may result in loss of privileges with no refund. Operator/member will willfully disclose at the time of returning boat, any damage that occurred during their outing. INDEMNIFICATION:  The operator/member and independent outlets shall at all times indemnify, save and hold harmless, independent outlets, Buddy Boating and its officers, agents, employees, franchisees and contractors from and on account of any claims, damages, personal injuries, property losses, and/or economic and non-economic damages sustained by or alleged to have been sustained by any person or entity. Operator/members take full responsibility while operating the vessel and having the vessel in their possession, will not hold independent outlets liable for any claims or damages.NOTICES:  All notices required to be given under the terms of the Agreement shall be in writing and shall be deemed to have been duly and properly given when delivered in person or mailed by first class mail, certified, postage paid, or by email, directed to the address of the respective party indicated at the beginning of this Agreement, or to such other address as the parties hereto may from time to time designate by written notice to the other, or which may appear among the books and records of Buddy Boating.

SECTION I – RULES

Buddy Boating RULES:  These rules apply to ALL operator/members and their guests.  Operator/member agrees to abide by, but not limited, these rules and all governmental laws and regulations while aboard a shared vessel.

ASSIGNMENT:  This agreement is NOT transferable.

 LOANING BOAT: Operator/member will NOT loan boat to anyone.  Loaning of boat will result in loss of privileges with no refund.  Only operator/member(s) is only authorized to check out, check in and operate boat.  Operator/member must be present and operating the vessel for the whole time in their possession.

RUNNING EXPENSES: The vessel should have appropriate permits to be used at all bodies of water that the outlet offers to book at. Operator/member agrees to pay all running expenses during each boating session including, but not limited to, such expenses as fuel, pump-out, oil, food, captain fees, park entrance fees for operator/member, supplies and provisions for themselves and crew.  Boat’s fuel tank should be returned full or the operator/member will be charged the cost of a full tank of gas plus a service fee of $50.00. In the event that fuel is not available on a lake, operator/member will pay marina fuel rate for the estimated portion of fuel used according to fuel tank size and the amount showing on the fuel gauge. There will be a minimum charge of ½ one half of tank.  If a fuel tank size is 40 gallons and the gauge registers one quarter tank remaining. Operator/member will be charged for 30 gallons.

 EQUIPMENT AND SUPPLIES:  Operator/member is responsible for all equipment and supplies that are provided with the boat.  Boats are equipped with Coast Guard required equipment and must be verified prior to taking vessel on waterways.  It is recommended you bring your own personal flotation device (PFD).  We also recommend you bring an appropriate type and size PFD for any children on board.

MAINTENANCE:  All maintenance will be provided through and MUST be performed by approved Buddy Boating outlet.  Any unauthorized work will be at operator/member’s expense.   A check-out and check-in sheet will be provided at the time of pick up and return.  Operator/member will be responsibility for any damages found at check-in that were not noted at the time the boat was checked-out. It is the operator/member’s responsibility to alert independent outlet and Buddy Boating to any issues that arise while boat is in the operator/member’s possession.  IT IS ALSO UNDERSTOOD THAT MECHANICAL FAILURES DO ARISE, AND Buddy Boating IS IN NO WAY LIABLE FOR ANY TYPE OF FINANCIAL REIMBURSEMENT FOR INCONVENIENCE OR LOSS OF TIME CAUSED BY SUCH FAILURES.

BEACHING BOAT: Beaching or pulling boat onto shore or in shallow water IS PROHIBITED, which causes damage and wear to the vessel and its components that are not covered under insurance. Operator/member must stay 200 feet away from the shoreline

TRAILERING:  Operator/members are not to trailer vessels under this agreement.

WATERWAY RULES:  Operator/member agrees to abide by all local, state, and federal rules and regulations governing the navigation, operation, and care of boats in the Buddy Boating program.

NAVIGATIONAL LIMITS:  Operator/member will use boats only at their approved locations.

SKIPPERED VESSELS: Some vessels are skippered only, either by the independent outlet or a authorized Buddy Boating Skipper and some may offer a captain as an option, additional fees may apply, in which case an authorized operator/member must still be present for the duration of the reservation. If authorized operator/member leaves during any outing, it is considered the same as loaning of the vessel which is not allowed.   

 WEATHER:  Reservations may be postponed due to adverse weather condition before the reservation starts. If adverse weather arises during outing, it will not result in a refund for the outing.

 ALCOHOL AND CONTROLLED SUBSTANCES:  Operator/member agrees not to operate a shared vessel, or permit any other person to operate the vessel, while under the influence of alcoholic beverages or controlled substances as defined by State and Federal Law.  No illegal substances are permitted on shared boats.  Operator/members are responsible for the conduct and that of their guests.  If any law enforcement agency finds illegal substances of any other condition on an a shared vessel that results in the seizure of the vessel, operator/member is responsible for all expenses incurred, including loss of income to the boat while not available for use in the Buddy Boating program. In addition, privileges in the Buddy Boating program may be revoked with no refund.

PETS:  Pets are not allowed!

RESERVATIONS: The Independent outlets, not Buddy Boating, are solely responsible for honoring any bookings and making available any Boats reserved through Buddy Boating System. If you, as an Operator/member, choose to enter into a transaction with a Independent outlet for the booking of a Boat, you agree and understand that you will be required to enter into an agreement with the Independent outlet and you agree to accept any terms, conditions, rules and restrictions associated with such Boat in addition to these rules imposed by Buddy Boating. You acknowledge and agree that you, and not Buddy Boating, will be responsible for performing the obligations of any such agreements, that Buddy Boating is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Boat Fees to the applicable Independent outlet, Buddy Boating disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Buddy Boating is not a party to the agreement between you and the Independent outlet, Buddy Boating acts as the Independent outlet’s payment agent for the limited purpose of accepting payments from you on behalf of the Independent outlet. Upon your payment of amounts to Buddy Boating which are due to the Independent outlet, your payment obligation to the Independent outlet for such amounts is extinguished, and Buddy Boating is responsible for remitting such amounts, less Buddy Boating’s Independent outlet Fees, to the Independent outlet. In the event that Buddy Boating does not remit any such amounts to an Independent outlet, such Independent outlet will have recourse for such amounts only against Buddy Boating.

LISTINGS: Listings for Boats will specify the daily fees. An additional booking fee will be added at checkout. Current booking fee is 10% of total fees.  If the calendar shows availability, then it is assumed the independent outlet can accommodate the reservation. If independent outlet cannot accommodate the reservation, then independent outlet must immediately notify Buddy Boating and operator/member. If a requested booking is canceled by Independent outlet, any amounts collected by Buddy Boating will be refunded to such Operator/member, depending on the selections the Operator/member makes via the Services, and any pre-authorization of such Operator/member’s credit card will be released, if applicable.

PAYMENT: You agree to pay Buddy Boating for the Total Fees for any booking requested in connection with the Buddy Boating Account at the time of booking a vessel. Buddy Boating will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Buddy Boating cannot control any fees that may be charged to a Operator/member by his or her bank related to Buddy Boating’s collection of the Total Fees, and Buddy Boating disclaims all liability in this regard.

BILLING INFORMATION: In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Buddy Boating or its third-party payment processor. You agree to pay Buddy Boating for any confirmed bookings made in connection with your Buddy Boating Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Buddy Boating or indirectly, via a third party online payment processor or by one of the payment methods described on the Services. You also authorize Buddy Boating to charge your credit card in the event of damage caused on a Boat as contemplated under “Damage to Boats” below and for Security Deposits (as defined below), if applicable. If you are directed to Buddy Boating’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you confirm booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

RESERVATION CANCELLATIONS:   Notice of cancellations for planned reservations must be received at least 7 days prior to the reservation or the operator/member will be charged the full amount due.  Operator/member will be refunded the amount charged for the reservation less the booking fee and a credit card processing fee of 3%. Anything reserved less than 7 days is considered a short-term reservations cannot be cancelled and will be charged in full. Both independent outlets and operator/members may reschedule a reservation due to dangerous conditions such weather, water conditions, in- operable waterway.

 CANCELLATIONS/TERMINATION OF PRIVELAGES:  Buddy Boating has the right to cancel an operator/member’s privileges for repeated rule and/or policy infractions and/or unpaid bills.

 HEALTH STATUS OF OPERATOR/MEMBER:  The operator/member hereby represents that he/she is in good physical health and is physically able to perform the type of work normally done on a boat.

 FINANCE CHARGE: A finance charge of 1½%  per month will be charged on any balance, which remains unpaid by operator/member.  In addition, the operator/member shall pay and reimburse Buddy Boating, LLC  for all attorney’s fees, court costs, and other expenses, including expert witness fees and deposition transcripts, incurred by Buddy Boating in connection with any litigation or threatened litigation, including, but not limited to, suit for collection of any monies due Buddy Boating.  In addition to other remedies at law, a service charge (which sum shall not exceed the maximum permitted by state law) of $25.00 will be automatically made for each instance in which a check is returned unpaid for any reason by the operator/member’s bank.

SECTION II  –  FLEET SPECIFIC

1. Operator/member Agreement provides for Operator/members to have access to vessels in the Buddy Boating program made available through the Buddy Boating website.
2. Unless otherwise arranged, boats will be dropped off at 9am and picked up by 5pm on the booked day for daily use.   Long term use of a vessel is available if operator/member makes arrangements accordingly.
3. Failure to return by the end of your boating period is a rule infraction and will result in in additional fees and possible loss of privileges without a refund.
4. Check-out and check-in sheets must be completed each time. Failure to report damage to the boat or equipment at check-in is a rule infraction.

5. Operator/member agrees to pay the Annual Operator/member/membership Fee.

6. Operator/member agrees to pay daily fee based on the selected boat.
7. Operator/member must maintain a valid credit card on file during the term of the agreement.
8. Insurance only applicable for vessels reserved through Buddy Boating website to Buddy Boating operator/member.

SPECIFIC RESERVOIRS:  Certain reservoirs such as Timnath Reservoir are only available to the residents of Timnath.

If  a non-residents schedules a booking for Timnath Reservoir, the booking will not be allowed or honored.

CONCLUSION

The undersigned, after having satisfactorily completed the Proficiency Evaluation and having paid in full in accordance with this agreement, is hereby accepted as an operator/member of Buddy Boating and is accorded all rights and privileges thereof.

ENTIRE AGREEMENT:  This agreement contains the entire understanding and agreement of the parties, and all prior oral representations, promises, statements, and understandings are merged into this Agreement.

AMENDMENTS TO THIS AGREEMENT:  This Agreement cannot be orally changed, modified, or amended.  Any such change, modification, or amendment can only be made by a written agreement dated and signed by both of the parties.

WAIVER OF BREACH OF AGREEMENT:  If either party waives enforcement of a breach of any term or provision of this Agreement of the other party, that waiver shall not operate or be construed as a waiver of subsequent similar breaches.

SEVERANCE:  In the event that one or more of the provisions of this Agreement shall be found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.

NO PARTICIPATION:  This Agreement is not intended to constitute, create, gives effect to a joint venture, agency, partnership, or formal business organization of any kind. Rights and obligations of each party shall be limited to those expressly set forth in this Agreement.

Attorney’s fees:  In the event any legal action may be brought by Buddy Boating to enforce any term or provision of this Agreement, Buddy Boating shall be entitled to all costs incurred in connection with such action including reasonable attorney’s fees.

HEADINGS:  The headings of this Agreement are inserted for convenience only and are not to be considered in construction of the provisions hereof.

CONSTRUCTION AND ENFORCEMENT:  This Agreement shall be construed and enforced pursuant to the laws of the State of Colorado.  Furthermore, this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, and their successors and assigns.

WAIVER OF LIABILITY, HOLD HARMLESS AGREEMENT, AND STATEMENT OF COMPETENCY:

In consideration of participation in Buddy Boating, receipt of which is hereby acknowledged, the operator/member and his/her guests assume all risks of accident, injury, loss of life, and damage to the boat associated therewith and release Buddy Boating, its agents, outlets, operator/member/members, officers, directors, private independent outlets, employees, and volunteers (hereafter Indemnitees), and all other persons, firms, and corporations from all liabilities, from all damages and claims of any kind whatsoever due to the negligence or default of the operator/member or his/her guests.  In further consideration of the foregoing, the operator/member and his/her guests agree to indemnify and hold harmless Indemnitees, jointly and severally, from and against any and all liabilities, damages, claims, and expenses, including court costs and attorney fees that the Indemnitees shall at any time sustain due to the negligence or default of the operator/member of his/her guests except to the extent that such liability is covered by insurance. 

Operator/member represents that he/she has read this agreement and agrees to abide by the rules, terms, policies, and conditions.  Operator/member will be aboard and in control of the vessel and it crew during each and every boating session reserved in the operator/member’s name and acknowledges that he/she is responsible for all decisions regarding the boat during that session.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of GoBoat, LLC., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “GB”), I hereby agree to release, indemnify, and discharge GB, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in boating, and personal watercraft activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: the possibility of rough terrain, slips and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with fixed or movable objects, vehicles or other watercraft; loss of control of the boat, or personal watercraft; boat or personal watercraft may capsize and cause entrapment; accidental drowning; water craft are slippery when wet and accidents can occur getting in, out, on or off; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; insect bites, and hazardous plant life; aggressive and/or poisonous marine life; major injuries are a risk as are bruises and sprains; musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; contact with food boxes, other storage containers, or other fixed equipment; collisions, and flipping over; damage to equipment or personal injury; my own physical condition, and the physical exertion associated with this activity. Accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered.

Furthermore, GB employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless GB from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use GB’s equipment or facilities, including any such claims which allege negligent acts or omissions of
4. Should GB or anyone acting on their behalf, be required to incur lawyer’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may
6. In the event that I file a lawsuit against GB, I agree to do so solely in the Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that that I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

 I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against GB on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its

terms.

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION

(You are acting as guardian for participants under the age of 18)

 In consideration of any minors being permitted by GB to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless GB from any and all claims which are brought by, or on behalf of Minor(s), and which are in any way connected with such use or participation by Minor(s).

Terms: These terms are subject to change at any time.