PELORIA BRIDGE BAY LLC (DBA BRIDGE BAY AT SHASTA LAKE)
TRANSIENT SLIP RENTAL AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS.
"Activity" means the access to, entering and exiting the Slip with the Boat, and all travel by the Boat throughout the Marina.
"Boat" means any powered boat or other watercraft (including Personal Watercraft) or other vessel powered by a motor or engine of any type.
"Company" means Peloria Bridge Bay LLC, doing business as Bridge Bay at Shasta Lake.
"Costs and Expenses" meansloss, damage, expense, demands or injuries suffered or sustained by a party by reason of any acts or omissions by Customer or any Guests that are a breach of this agreement, gross negligence, or intentional misconduct, including, without limitation, any judgment, award, settlement, reasonable attorneys fees and other costs and expenses incurred in connection with the defense of any actual or threatened action, proceeding or claim in connection with such breach, gross negligence, or intentional misconduct.
"Customer" means the person signing this agreement.
"Dock" means the floatingstructure extending out from the shore of Shasta Lake into Shasta Lake, to which Boats may be moored.
"Guest" means anyfamily, crew, guests, or other persons actually on board the Boat at any time.
"Marina" means the area of Shasta Lake near the shoreline controlled by the Company, including all Docks that make up the Marina and the portion of Shatsa Lake within the speed control bouyes and other markers (as they may exist from time to time) that describe the outer boundary of the area of Shasta Lake that the Company operates as a marina.
"Protected Parties" means all of the following: the Company, Peloria Marinas LLC, and each of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, managers, members, and shareholders.
"Personal Watercraft" means any powered watercraft that is not a Boat, including without limitation the branded powered watercraft named JetSki, Yamaha Wave Runner, SeaDoo, and all similar powered watercraft. Personal Watercraft included equipment that will accommodate one or more users seated or standing while driving the watercraft.
"Slip" means the portion of the Dock that is to be occupied by the Boat during the term of this agreement.
2. This is a Binding Contract. In consideration of the Company renting the Slip to Customer and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Customer,Customer makes all of the representations, agreements, and obligations set forth in this agreement. Any reference to the Customer in this agreement shall be deemed to be a reference also to the person driving the Boat or otherwise in control of the Boat, even if such person is not the Customer signing this agreement.
3. Time Period of Slip Rental. The Company hereby leases and rents the Slip to Customer for a single period of approximately twenty-four (24) hours, commencing at the time the Boat is first placed in the Slip and ending at 7:00 p.m. on the next day (the "First Day"). If the Boat remains in the Slip past 7:00 p.m. at the end of the First Day, then Customer shall be deemed to have rented the Slip for an additional twenty-four (24) hour period ending at 7:00 p.m. on the next day (each, an "Additional Day"). Customer will be cahrged by the Company (and Customer agrees to pay)an additional rental fee for each additional 24-hour period that the Boat is in the Slip after the First Day at Company's then prevailing excess day rate, but not less than $25.00 per day.
4. Location of Slip. Company will allocate a particular Slip in the Marina for Customer to moor its Boat during the term of this agreement. Company reserves the rightto relocate the Boat from the Slip into any other Slip in the Marina, from time to time and at any time. Customer shall move the Boat to any other Slip indicated by COmpany from time t time. If Customer is not in attendance at the Boat within two (2) hours after Company identifies a relocation Slip for the Boat, Customer hereby authorizes Copmpany to have its employees and agents move the Boat to the new Slip. In such event, Customer hereby waives and releases, to the maximum extent permitted by law, any claims Customer may have against Company arising out of or related to such relocation of the Boat.
5. Customer Responsible for Damage from the Boat. Customer shall pay all Costs and Expenses arising from or related to Customer or any Guests use of the Boat in the Marina, anybreach of this agreement, and/or any damage or injury by the Boat to any other person or property in the Marina. If the Boatsinks or is inundated with water in the Marina area, and if Company reasonably determines that it is in Company's best interest toremove the wrecked or sunken Boat, Company may remove the Boat at Customer's sole cost. Customer shall pay all Costs and Expenses arising from or related to any such removal of the sunken or wrecked Boat from the Marina.
6. No Liability of Company. Company shall not be liable in any way for damage to the Boat (or any part of the Boat) in any way, for any reason whatsoever, and during the period of this agreement or otherwise, regardless of whether the Boat is in the Slip, at any of the Docks, or in or around the Marina, and regardless of whether any such damage arises or results from (a) fire (whether on the Boat, on any other vessel, on the Docks or otherwise) no matter from what cause such fire may occur; (b) contact or collision with any other vessel; (c) contact or collision by the Boat and any portion of the Slip, any of the Docks or any other structure or object in the Marina; (d) the elements; (e) damage or loss caused by any person other than an employee or agent of Company. Companydoes not assume any responsibility or liability to Customer for the loss of any personal property or equipment which may be left on the Boat, at the Slip or anywhere on Company's premises. Customer acknowledges that Customer either has bumpers for the Boat, or will request to rent bumpers from Company at Company's then prevailing rental rates to protect the Boat while in the Slip. Company makes no representations or warranties about the condition of the Slip, any of the Docks or any equipment or material in the Marina and COmpany expressly notifies Customer that the Slip and Docks could damage the Boat if the Boat comes into contact with any portion of the same. Customer is solely responsible to protect the Boat from damage (including nicks, scratches, gouges, punctures and other damamge that may occur if the Boat comes into contact with the Slip and/or any portion of the Docks.
7. Customer Will Follow the Rules and Regulations. Customer shall abide by all rules, regulations and laws of the United States Coast Guard, California, the National Forest Service, the applicable country, and other regulatory agencies with respect to operating the Boat, boating safety, and recreation in the area. Customer shall pay careful attention to all instructions from any employee or agent of the Company regarding Activity in the Marina. Customer shallabide by all rules, regulations, policies and procedures set forth in this agreement. Customer shall causehis orher Guests to comply with all of the foregoing. If Customer or any Guest fails to comply with any of the foregoing, the Company may at its option and at any time elect to terminate this agreement. If this agreement is terminated, Customer shall immediately remove the Boat from the Slip and from the Marina.
8. Departing the Slip. Before the end of the First Day or any Additional Day untilthis agreement expires or is earlier terminated by the Company, the Customer shall immediately (and before departing the Slip or the Marina)return all security keys and any other equipment provided to the Customer by the Company, its employees or agents. If the Boat has not been removed from the Slip before the end of the First Day (or by the end of any Additional Day), then Customer will be charged for an Additional Day fee. If Company has terminated this agreement, and if theBoat has not been removed from the Slip before 7:00 p.m. on the day of such termination, then Company may remove the Boat from the Slip and either place the Boat on a trailer on the land portion of the Company's controlled property or be taken offsite to a storage yard, all at Customer's sole cost and expense.
9. Payment of Costs. Customer hereby agrees to pay all Costs and Expenses incurred under this agreement, including without limitation all reasonable attorneys fees and costs that may be incurred by Companyto collect any sums due under this agreement or to enforce any terms of this agreement. Customer further agrees to pay interest of 18% per annum on all sums owed to Company, until the obligations are paid in full. Customer hereby agrees that the Company is authorized and shall have the right to charge Customers credit card or debit card for any amounts that may become due or owing under this Agreement to Company.
10. Certain Marina Rules. Customer shall comply with all posted rules and regulations at the Marina. Customer shall also comply with all of the rules set forth in this Section.
(a) Customer shall not store supplies, accessories, debris or other materials on the Docks and/or land areas of the Marina.
(b) Customershall not operate and/or store cooking appliances on the Docks and/or land areas of the Marina.
(c) Customer SHALL NOT DISCHARGE any waste holding tanks, oil, flammable liquids, oily bilges, or other liquids anywhere within the Marina.
(d) Customer shall not throw or dispose of any kind of waste, rubbish, or garbage overboard of the Boat, in the Slip, on any of the Docks or any where in the Marina, except only that Customer may deposit waste, rubbish, or garbage in designated waste bins or containers located throughout the Marina.
(e) Customer shall and shall cause all of Customer's Guests to keep noise from the Boat, in the Slip, on the Docks and throughout the Marinaat a reasonable level at all times. Customer and all Guests may not operatenoise generating equipment at a lelvel of sound that Company determines (in its sole discretion) to constitute anuisance or annoyance to others in the Marina.
(f) Customer and all Guests shall keep all pets on any Dock or other property of the Marina on a leash. Customer and all Guests shall clean up allexcrement left by a pet and shall properly dispose of such waste in a designated waste bin in the Marina. Customer agrees to pay a fee of $50.00 if Comapny cleans up excerement from any pet that Company reasonably identifies as having been left by any pet of Customer or any of its Guests.
(g) Customeracknowledges and agrees that all laws and regulations regarding the possession, use and consumption of alcohol inCalifornia apply in the Marina and across all of Shasta Lake.
(h) Fishing, diving, and swimming in the Marina is strictly prohibited.
11. Other Terms. This agreement shall be governed by the laws of the State of California, and the exclusive jurisdiction and venue of any claim arising out of this Agreement shall be the state courts located in Los Angeles County, California, and Customer expressly agrees to consent to jurisdiction in said courts. This agreement constitutes the entire agreement between parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof and Customer shall not rely on any oral statements made by any employee or agent of Company that conflicts in any way with the written terms in this agreement. Ifany part of this agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of Customer that this agreement shall be binding upon Customer and upon his or her assignees, successors, persons subrogated to their respective interests, distributors, heirs, next of kin, executors, and personal representatives.
I HAVE CAREFULLY READ THE FOREGOING RENTAL, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM INDEMNIFYING OTHERS AND THAT THIS AGREEMENT WILL REMAIN IN EFFECT EVEN AFTER THE RENTAL OF THE SLIP IS TERMINATED OR EXPIRES.
December 2, 2023