The above noted boat and/or equipment is subject to the terms and conditions set forth below:
I. DEFINITIONS: CUSTOMER - The person(s) signing this contract. PELORIA BRIDGE BAY LLC - The lessor of the boat and/or equipment to Customer.
II. RENTAL FEE DOES NOT INCLUDE COST OF GAS USED: Customer, by signing this boat rental contract, acknowledges that Customer is fully responsible for all fuel costs incurred during trip, and that charges are due in full at time of fueling.
III. ACCEPTANCE AND RETURN OF BOAT AND EQUIPMENT: Customer, by signing this boat retail contract, acknowledges that the boat, motor, parts, equipment and inventory have been received and are in clean, presentable and good operating condition. Customer agrees that if such property is not returned in the same condition, less reasonable wear and tear he/she will pay reasonable charges for repair, replacement and/or cleaning. Customer agrees to pay a rental fee at the daily/hourly rate set forth above for each additional day or portion if Customer fails to return the boat and/or equipment on the date and time noted above.
IV. CUSTOMER RESPONSIBILITY: Customer agrees to be solely responsible for the safe operation of the boat and for the safety of any and all persons on or about the boat during the rental periods; and to indemnify and hold Peloria Bridge Bay LLC, and its agents, employees and officers, harmless from and against any loss, expense, including attorney's fees, and/or claim for injury or damage that may result from use, operation or occupancy of the boat and/or equipment by Customer or others during the rental period. Customer is responsible for and shall report any and all boat damages and equipment lost, broken, stolen or damaged, and may subsequently be charged for the same. Customers' liability is not limited to the amount of Customers security deposit. Customer acknowledges that security deposit may not be used for fuel purchase, and is solely designated for damages or fees incurred during boat rental.
V. RULES AND REGULATIONS OF THE WATERWAYS: Customer agrees to use the boat and/or equipment for general pleasure cruising and recreation and that it will not be used for the carrying of passengers or cargo for hire. Customer agrees to abide by all rules, regulations and laws of the United States Coast Guard, United States Department of Agriculture Forest Service, State, Country and other regulatory agencies with respect to boating safety, operation and recreation in the area.
VI. BREAKDOWNS: Customer shall have no claim upon Peloria Bridge Bay LLC as a result of any groundings, breakdowns or failures of the boat, or failure of its engines or equipment. If such an incident is caused by the negligent or intentional act of Customer, Customer's guests or third parties, Customer shall be responsible to Peloria Bridge Bay LLC for all claims, losses and expenses, including attorney's fees, incurred as a result of such negligent or intentional acts.
VII. RESTRICTED CRUISING: Customers may not take craft further than posted "NO SKI" buoys placed by the US Forest Service. It is the responsibility of the renter to know the locations of the buoys while on the lake. Should Customer experience a breakdown or mishap of any kind in any restricted area, all liability and costs will be Customer's responsibility and Peloria Bridge Bay LLC will be held harmless.
VIII. The rental of the water craft/boat noted in this contract is for use on the waterway/lake on which the boat is rented. Customer/renter may not remove the rented boat from the waterway/lake where it was intended to be used. If the boat is removed then Peloria Bridge Bay LLC will assume the boat is stolen and the proper authorities will be contacted.
IX. CANCELLATION POLICY/TRIP INSURANCE: The Customer acknowledges and agrees with the cancellation policy stating that if you did NOT purchase trip insurance, then you are taking the risk that you will be unable to take your trip and that you will receive NO REFUND from Peloria Bridge Bay LLC if your trip does not occur within or must be shortened for any reason either at the discretion of the Customer or by Peloria Bridge Bay LLC within 45 Days or the originally scheduled arrival date or anytime during the duration of the Houseboat Trip.
X. ENFORCEMENT OF CONTRACT: If it should become necessary for Peloria Bridge Bay LLC to file a lawsuit or employ collection agents for the purpose of compelling legal enforcement of any of the provisions of this Contract, Customer agrees to pay all costs and expenses incurred by Peloria Bridge Bay LLC in connection therewith, including, without limitation, attorney's fees. This contract shall be governed by the laws of the State of California. Any such action shall be brought in the Superior Court of Los Angeles County, California, and Customer and Peloria Bridge Bay LLC hereby submit to the jurisdiction of that court. In the event any provision of this agreement is held to be unenforceable, the remainder of the agreement shall remain in full force and effect. This agreement supersedes all oral communications between the parties. This agreement may not be amended, except by mutual written agreement. This agreement shall be binding on the parties' successors and assigns.
XI. SIGNATURE OF CUSTOMER: Customer hereby agrees to pay all amounts/charges that may become due to Peloria Bridge Bay LLC and agrees to be solely liable for any and all charges associated with this rental, including oil and gas. Customer has read this Contract, agrees to the terms hereof, and acknowledges receipt of a copy.
December 2, 2023