THE LEASE ON THE REVERSE SIDE HEREOF IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS I further agree (continued from the other side of this Agreement) : 1. The LESSEE acknowledges he/she has carefully examined the watercraft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition ; that he/she will maintain both watercraft and equipment in a safe, dependable condition while in his/her custody. 2. Cash bond deposit (as provided in the statement of charges) shall be retained by the LESSOR as partial compensation for failing to return said rental watercraft in as good condition , ordinary wear and tear excluded, as when received ; for reimbursement of articles damaged , missing or broken; or to be applied to the rental charges upon return of the watercraft by LESSEE. Retention of the cash bond deposit shall be in addition to, and not to the exclusion of , any other remedies LESSOR may have at law. 3. LESSEE agrees not to use, nor permit the use: a. of the rental watercraft for any unlawful purpose; b. of the rental watercraft in a careless, reckless, or negligent manner; c. of the rental watercraft while under the influence of liquor and/or narcotics; d. by any other person who is not an AUTHORIZED OPERATOR under this agreement. Reckless Operation of a watercraft shall include but not be limited to: a. Weaving through congested traffic; b. Jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around other vessel is obstructed or restricted; c. Becoming airborne or completely leaving the water while crossing the wake of another vessel within 100 feet of the vessel creating the wake; d. Operating at greater than slow\no wake speed within 100 feet of an anchored or moored vessel, shoreline , dock, pier, swim float, marked swim area, swimmers, surfers, persons engaged in angling, or any manually powered vessel; e. Operating contrary to navigation rules including following too closely to another vessel, including another personal watercraft. "Following too closely" shall be construed as proceeding in the same direction and operating at a speed in excess of 1O mph within 100 feet to the rear or 50 feet to the side of another vessel which is underway, unless said vessels are operating in a narrow channel, in which case personal watercraft may operate at the speed and flow of the other vessel traffic within the channel. 4. LESSEE acknowledges his/her responsibility for the safe and proper operation of the watercraft; and for the safety and welfare of other boaters and persons . It is AGREED AND UNDERSTOOD BY LESSEE that LESSOR shall not be held liable for damages , inconvenience or time J ost caused by accident, breakdown or malfunction of the rental watercraft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental watercraft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEE'S personal property while carried in, or on, the rental watercraft, including loss or damage caused by fire , water, theft or any other cause, - whatsoever . 5. LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs , damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof . It is understood and agreed that Venue of any action hereunder shall be in the county of LESSOR . 6. In the event of malfunction , breakdown, or if any defect is discovered after acceptance of the rental watercraft that LESSEE will immediately report same to LESSOR. Continued use of it shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use. 7. LESSOR'S ability to provide a rental watercraft, if reserved, is contingent upon and subject to the return of the watercraft by the previous lessee, or any other cause beyond LESSOR'S control. 8. LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather . Rental fees will be prorated based on the time used. 9. The rules and regulations contained herein and as posted in the office, on the watercraft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the f acilities . The LESSEE certifies that he/she has read and understands said rules and regulations , and further assumes the responsibility to see that his/her family and/or guest(s) will obey the rules. 10. Should any term or condition of this Rental 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. 11. THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS AGREEMENT CONTAINS THE ENTIRE UNDER· STANDING BETWEEN LESSEE AND LESSOR AND THAT - NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITIEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT. In consideration of the Agreement herein, LESSOR does lease to the undersigned (hereafter referred to as the LESSEE) the watercraft and equipment described herein. LESSEE agrees said waterc raft will not be occupied by a greater number of persons than is shown on the watercraft 's CAPACITY PLATE. In the event the watercraft is not returned at time specified herein, said LESSEE agrees to pay for OVERTIME AT THE RATE POSTED IN THE OFFICE. THE LESSEE CERTIFIES: a) THAT HE/SHE HAS EXAMINED THE WATERCRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED; b) THAT ONLY THOSE INDIVIDUALS LISTED AS AUTHORIZED OPERATORS W ILLOPERATE THE RENTALWATERCRAFT; c) THAT LESSOR HAS PROVIDEDALL AUTHORIZED OPERATORS WITH SAFETY AND OPERATIONAL INSTRUCTION; d) THAT LESSOR HAS PROVIDED PR INTED MATERIAL EXPLA INING THE APPLICABLE STATE AND LOCAL BOATING RULES AND REGULATIONS, THE OPERAT IONAL CHARACTERISTICS, THE ENVIRONMENTAL EFFECTS, AND THE COMMON COURTESIES OF OPERATING PERSONAL WATERCRAFT. e) THAT ALL AUTHOR IZED OPERATORS ARE CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF THE RENTAL WATERCRAFT AND WILL OPERATE IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS , AND FURTHER CERTIFIES THAT ALL AUTHO IZED OPERATORS HAVE READAND UNDERSTAND SAID RULESAND REGULATIONS. LESSEE AGREES TO LIMITTHE OPERATION OFTHE WATERCRAFTTO THE WATERS OF AND ONLY BETWEEN SUNR ISEAND SUNSET. LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL WATERCRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX (6) ON THE REVERSE SIDE. I(WE) HAVE READ BOTH FRONT AND BACK OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON BOTH SIDES; THAT I(WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. Date: November 22, 2024 |