BOAT RENTAL AGREEMENT THIS BOAT RENTAL AGREEMENT (this “Agreement”) constitutes a contract between (“RENTER”) and Owner listed below: Owner/Location: _X_ South Haven _____ St. Joseph Blue Water Boat Rentals-South Haven LLC Blue Water Boat Rentals-St. Joe LLC 525 Kentucky Avenue 143 Anchors Way South Haven, MI 49090 St. Joseph, MI 49085 (269) 872-3249 (269) 872-3249 1. SECURITY DEPOSIT: Renter agrees to provide security deposit in the form of cash or a VISA, MASTERCARD, or DISCOVER credit card to secure the rental and the terms of this agreement. You have a duty to update the information should your credit card information change or expire prior to your rental. Owner reserves the right and Renter authorizes Owner to charge the Renter’s credit card for the cost of repairs, replacement, services, or extra cleaning for all damage, breakage and/or loss incurred during Renter’s rental of the Equipment. In the event of damage to the equipment, Renter shall be responsible for ANY and ALL costs, including collection costs and attorney's fees. 2. CANCELLATION POLICY: If you must cancel your reservation, Renter deposit will only be refunded if Renter gives Owner at least 30 days’ notice before Rental Start Date. Cancellation within 30 days of reservation results in forfeiture of entire rental cost. If lake boating conditions are unsafe, renter is restricted to the river only or may reschedule; if weather is unfavorable, renter may reschedule, or a refund (less a $75 booking fee) may be provided in the sole discretion of Owner. 3. NO SHOW / REFUND POLICY: Owner commits to having Equipment available at agreed check-in time for the agreed upon number in party and Owner is not responsible for Renter inability to arrive or if Renter chooses to depart early for any reason or if a member of Renter party does not show up. As a result, NO REFUNDS OR REBATES will be offered. REFUNDS may be made due to poor weather/lake conditions at the discretion of Owner. Additionally, due to weather/lake conditions, Owner may re-schedule Renter and/or move to Owner’s other location. 4. FUEL: At the start of the rental period the Equipment will be provided to the Renter with a full tank of gasoline. Owner requires Renter to pay a service fee for refuel with each rental. If a service fee is not being utilized, Renter is responsible for returning the Equipment with a full tank of gas (dingy boats excluded). Failure to fill up will result in a service charge. 5. INSPECTION OF EQUIPMENT: Owner certifies that the boat and motor are in good mechanical and physical condition. Any known damage or problems will be listed on the “Boat Launch Form”. Renter will inspect said Equipment and leases the same without any representations by Owner. If Equipment has damage or problems not listed on the “Boat Launch Form.” Renter must notify the Owner before use of the Equipment begins. 6. DAMAGES TO EQUIPMENT: Renter acknowledges and understands that Equipment is to be left in a clean, undamaged condition, in the same condition as at commencement of the rental period. If rental Equipment is not left in suitable condition, Renter acknowledges and understands that Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter acknowledges, understands and agrees that by signing this Boat Rental Agreement, he/she is authorizing Owner to charge Renter, and Owner reserves the right to charge Renter for any damages, repairs, replacements, or special cleaning of Equipment. Such charges will be charged to the credit card on record. If Renter’s credit card is not able to be charged, then the Renter will pay to the Owner with two (2) days of notice the additional amount due. 7. THEFT OR LOSS: In case of theft or loss, Renter is responsible for the replacement value of the Equipment. In case of abuse or damage, Renter will be charged for the repair or replacement of the Equipment. 8. BOAT OPERATION: Renter acknowledges and agrees that the Equipment will be operated only by Renter named above unless Owner is advised of others intending to operate and the other person signs this Agreement. Renter warrants that Renter (i) is a qualified operator of said equipment, (ii) will not allow any other persons except a member of their party to operate the boat and (iii) has reviewed the boater safety videos on Owner’s website and has passed the safety test with 80% or better. Renter will be responsible for all such operation. Renter will not operate the Equipment, or permit anyone to operate the Equipment, while under the influence of alcohol or drugs. Renter will be responsible for the operation of the boat within all laws. Renter must be at least 25 years of age with a valid driver’s license. 9. BOAT USE: Renter agrees not to permit the use of or to use the Equipment for transportation of persons or property for hire and not to allow more than the number of persons or the maximum listed weight (indicated on Exhibit A) upon the boat at any one time. No pets are allowed on the Equipment. Equipment can NOT be used after sunset or before sunrise. Equipment can NOT be removed from South Haven or St. Joseph, MI (based upon rental location) without Owner’s express written consent. No additional passengers shall be picked up or board the Equipment once it leaves the dock. 10. DOCKING: Any damage to the Equipment, dock, or boats nearby that occurs due to Renter incorrect operation and/or securing the Equipment is Renter responsibility. Renter is responsible for ALL damages during the period of the entire rental agreement. Do not leave Equipment unattended. Renter shall be responsible for all costs and expenses incurred by Owner if the Equipment is abandoned and is required to be retrieved by Owner. 11. REPAIRS – SERVICE CALLS: Renter acknowledges and understands that Owner cannot guarantee against mechanical failures of the rental Equipment. Renter agrees to immediately notify Owner of defective or non-working units. Owner will make every reasonable effort to repair or replace defective units as quickly and efficiently as possible. Repair due to normal wear and tear on the Equipment will be made by the Owner. Should a repair person make a call to repair or replace a unit that is found to be in working order and the problem was due the Renter oversight or neglect or misuse, Renter agrees that the repair call costs may be charged to the credit card on record. 12. LOSS OF RENTER PROPERTY: It is expressly agreed that Owner shall not be liable for loss of or damage to any property left or stored by Renter or any other person in or upon said Equipment after return thereof to Owner. Renter agrees to hold Owner harmless from and against such claims. 13. INSURANCE OF EQUIPMENT: Except as provided for if Renter elects to purchase the limited damage waiver, no insurance is carried for Renter. Renter is responsible for all damage up to replacement value of the Equipment including motor and prop and for all accidents and injury to any person or property. Since boating and/or water sports have many inherent dangers, extreme care must be taken in the operation and use of Owner’s Equipment. RELEASE OF LIABILITY: 14. ASSUMPTION OF RISK: I, the Renter, understand and am aware that boating, jet skiing, water skiing, and riding water toys are HAZARDOUS activities. I, the Renter, understand that the sport of boating, jet skiing, water skiing, riding water toys and the use of equipment involve a risk in injury to any and all parts of the users’ body and possible DEATH. I, the Renter, hereby agree to freely and expressly assume and accept any and all risks in the use of the equipment rented. Initials of Renter15. LIABILITY AGREEMENT: I, the Renter, hereby release (and agree to indemnify and hold harmless) from any legal liability, the Owner, its members, managers, employees and agents from any and all liability for damage, injury or death to myself and or any person or property resulting from the selection, maintenance or use of this equipment, and for any claim based upon negligence, breach of warranty, contract, claim or other legal theory, accepting myself, the Renter, the full responsibility for any and all such damages or injury which may result. It is understood and agreed that the Rental Fee is a presently earned fee for the use of the equipment and that the Security Deposit is a deposit against costs of repairs or cleaning that may be required as a result of physical damage to the equipment during the rental period or against any liability that I may incur to Owner pursuant to the agreement. Further, I the Renter am responsible for all damages and/or losses to the equipment or any of its contents during that period, except as provide for if Renter elects to purchase the limited damage waiver. Initials of Renter Owner or its Agents reserves the right to (a) authorize the use of the equipment and (b) revoke the use of the equipment. Decisions on that part of the Owner or its Agents with regard to the use of the following: Unsafe operation of the equipment, lack of sobriety of the RENTER and other members of party and unsafe weather conditions. 16. ENTIRE AGREEMENT: The Renter and Owner acknowledge that this Agreement contains the full and complete agreement between the parties relating to the subject matter herein, that there are no oral, written, or implied agreements or other modifications not specifically set forth herein, and that this Agreement supersedes all prior agreements or understanding, if any, between the parties, whether written or oral relating to the subject matter herein. The parties further agree that no modification of this Agreement may be made except by means of a written agreement or memorandum signed by the parties. This agreement is binding upon the heirs, successors and assigns of the parties. If any provision of this agreement is found to be void, invalid or unenforceable, such finding shall not affect the validity or enforceability of any other part of this agreement. Owner shall be entitled to reasonable attorneys’ fees and all costs and expenses incurred if required to file suit against Renter to enforce the terms of this Agreement. Owner has the right to take and use photos and videos of Renters during the rental period and retains all ownership rights to said photos and videos. No marina staff has the right to change any of the terms or conditions of this Agreement (except an owner when done in writing). Parties agree that they have read this document in its entirety and agree to all terms and conditions including the RENTAL BOAT TERMS AND CONDITIONS OF USE, attached. RENTAL BOAT TERMS AND CONDITIONS OF USE: Equipment is not to be taken outside of prescribed operation area, which is generally within 2 miles of the South Haven or St. Joseph Lighthouse (based upon location rented). Refer to maps for approved operation area. Boats and Jet Skis are intended for use by the certified number and weight of passengers and gear. Do not overload Equipment. When loading people and gear on boats, try to evenly distribute weight both side to side and front to back. This will make for safer operation. All safe boating and jet ski/personal watercraft (“PWC”) regulations must be followed including no wake zones, life preservers for children. On boats with a swim platform, Passengers are not allowed to use swim platforms and/or be outside the rails while the engine is running. Equipment must be returned on time, there is no grace period for late returns. If a boat or jet ski is returned late, a fee of $250 for the first 30 minutes (and additional amounts if longer) may be charged due to lost or reduced rental periods for future rentals. Renter is responsible for being aware of tides, currents, and winds. Do not beach Equipment or allow Equipment to become beached by falling tides or changing winds. Equipment is to be returned relatively clean and in the same condition as they were when you took them out. No one under 21 is allowed to operate boats. You are not allowed to let anyone other than the primary renter use or operate the Equipment. Anyone who may be serving as an operator needs to be identified and to sign this agreement. If you do allow anyone else to use the Equipment you are entirely personally responsible for any damage that they cause to our Equipment or to other persons or properties. All operators must have a cell phone on board and must provide the number to Owner. In any areas with marked channels always stay between markers. In St. Joseph, Renter agrees to avoid low areas in the river as marked on the map provided. No pets are allowed on Equipment unless expressly approved in writing. Customers may not use Equipment for any use not intended by manufacturer. Special rules apply to the operation of jet skis/PWC both in operation, number of riders, age, and education requirements. Customer acknowledges receiving a copy of the PWC rider/operating rules. In addition, customers shall not use the Equipment in any of the following manners: In any type of race or competitive event.
For any illegal purpose or in an illegal manner.
To carry any type of hazardous or explosive substance.
To push or tow any other watercraft or tubes, skis, or other water toys after dusk or during the night.
To carry loads beyond stated capacity in a reckless, abusive, or negligent manner by any person consuming alcohol or drugs. If further use may cause damage to boat or motor (warning light or buzzer on) in violation of the terms and conditions of this agreement in any way outside of approved use area.
In no event shall customer sub-lease Equipment to another person or entity. Customer’s rights under this agreement are non-transferable. Customer Initials COVID-19 RIDER BLUE WATER BOAT RENTALS This Rider is attached to and incorporated into that certain Boat Rental Agreement (“BRA”) Renter entered into with Blue Water Boat Rentals (“BWBR”). Section 11 of the BRA provides that Renter agrees to comply with all laws. The COVID-19 Pandemic and Orders issued by Michigan Governor Whitmer resulted in the suspension of many activities and non-essential services in the State including boating and marinas. The Governor recently has amended past orders to permit recreational boating and the opening of marinas under certain conditions made applicable to such activities. This document seeks to provide a mechanism for compliance with any and all such standards, based upon the most recent information available from the government. To facilitate opening Blue Water Boat Rentals at the Marinas in which it operates (the “Marina”) under these extraordinary circumstances, certain rules and regulations of operation need to be modified. Renter Agrees as follows: Each Renter and its family, guests and invitees agrees to follow all Covid-19 rules, regulations and guidelines provided by BWBR as well as governmental bodies regarding their usage of and conduct at the Marina and on the water while renting. Given the high likelihood that the rules, regulations, and guidelines will be varied by additional or different requirements, as such are imposed by governmental bodies, each Renter agrees and acknowledges that these are likely to be modified from time-to-time. Each Renter agrees to keep current with evolving requirements imposed by governmental bodies. Given the dynamic nature of this environment, each Renter agrees to periodically access the rules and guidelines publicly available to help stay abreast of any changes. BWBR will endeavor to update its rules and regulations as the situation changes. Do not tie up the boat or other vessel to another vessel out on the water. All people present at the Marina shall follow “Social Distancing” rules by maintaining a 6-foot distance between people not from the same household and keeping group gatherings to less than 10, as is necessary to prevent the spread of COVID-19. Bathrooms in the clubhouse will be available from time to time and will be shut down periodically for cleaning and disinfecting. Everyone shall practice the recommendations/universal precautions issued by the Centers for Disease Control and Prevention (CDC). We require and encourage our Renters and their invitees and our associates to: Wash their hands often with soap and warm or hot water for at least 20 seconds; use hand sanitizer when hand washing is not an option.
Avoid touching their face with unwashed hands.
Wear a mask when in public indoors.
Avoid close contact with people who are sick and reduce interactions, such as handshakes, with others.
Stay home if sick feelings or symptoms arise, like those of COVID-19.
Cough or sneeze into a tissue, then throw the tissue in the trash.
Clean and disinfect frequently touched objects and surfaces with products proven to kill other strains of coronaviruses.
Stay informed. If any person in your party would answer yes to the following questions, they should not come to the Marina and if Marina staff is advised, the Renter or their family will be asked to leave the Marina immediately. These measures are being taken to ensure illness is not spread to other boaters, renters, members and their guests. Have you, or anyone you have had close contact with, been in contact with a person that has tested positive, or is in the process of being tested for COVID-19?
Have you, or anyone you’re in close contact with, traveled outside the U.S. within the last two weeks?
Have you been medically directed to self-quarantine due to possible exposure to COVID-19?
Have you had trouble breathing or flu-like symptoms within the past 48 hours, including: fever, cough, shortness of breath, sore throat, runny/stuffy nose, body aches, chills, or fatigue? * * * We will continue all efforts to monitor advisories from public health agencies such as the CDC and the World Health Organization (WHO) and the State of Michigan. Please, always review travel advisories from the State and Federal government when planning personal and business travel. Review www.CDC.gov/travel for destinations with risk of community spread of COVID-19. Effective February 1, 2022 Signature of Renter Rental Property Damage Waiver This Bluewater Boat Rentals LLC (BWBR) Rental Property Damage Waiver (the “Waiver”) limits the Renter’s financial liability to BWVR in situations involving accidental collision/loss of the vessel/equipment rented (“Vessel”). If you choose to purchase the Waiver, BWBR will be responsible for all damages up to the Deductible Limit specified below and you will be responsible for all amounts in excess of the Deductible Limit. If you do not choose to purchase the Waiver, you will be responsible for any and all damages that may occur. This Waiver is an addendum to the Boat Rental Agreement. By accepting this Waiver, I agree to the following additional terms and conditions: What Waiver Covers: · Property damage to the Renter’s contracted Vessel only, caused by accidental collision while under power. · Damage to propellers or ladders · Waiver limits Renter’s financial liability up to the deductible amount below. Damages beyond the deductible amount are Renter’s responsibility. · Punctured or torn seams on tubes not due to negligence · Releases Renter from responsibility from damages caused by another individual hitting their rented Vessel due to an accident in which Renter is found not responsible, but the other party is found responsible (requires local Sherriff or Cost Guard accident report). What Waiver Does Not Cover: · Damage caused by negligence or failure to operate the Vessel in careful or prudent manner. · Boating under the influence of alcohol or drugs. · Dents, scratches or other damage caused by tying boats together. · Damage caused by usage/allowance of prohibited items such as pets, grills, lanterns, or other combustible items. · Failure to observe and comply with navigational markers, posting warnings on the Vessel, Michigan boating laws or the instructions of BWBR staff. · Any type of liability, only property damage to the rented Vessel during designated rental period. · Damage caused by towing and/or launching a watercraft. · Lost equipment (i.e., anchor, life vests, ladder, tubes, throwable, safety equipment). · Use, operation or occupation of the Vessel in violation of the terms of the Boat Rental Agreement. · Bodily injury of Renter, guests or third parties. The Waiver does not provide any coverage other than that which is specifically stated above. The Waiver applies to the Renter’s contracted Vessel only and does not offer coverage of any other vessel or property. If accepted, the Waiver cost must be paid prior to the rental of the Vessel and is non-refundable once paid. This is not insurance and offers limited coverage for damage to the Vessel under limited circumstances. Renter must provide written notice to BWBR of the damage for which Renter seeks application of the Waiver. An accident report completed with the local sheriff or U.S. Coast Guard may be required to substantiate all claims. Damage Waiver Cost Deductible Limit $30/day Dingy $240 Dingy $40/day Jet Ski $320 Jet Ski $50/day Pontoon $400 Pontoon $60/day Speed Boat $480 Speed Boat September 27, 2026Renter’s Signature & Date | 