THE LEASE ON THE REVERSE SIDE HEROF IS SUBJECT TO THE FOLLOWING ADDITOINAL TERMS AND CONDITIONS
I (WE), the LESSEE(S) further agree(continued from the other side of this Agreement):
The LESSEE acknowledges he/she has carefully examined the rental craft 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 rental craft and equipment in a safe, dependable condition while in his/her custody.
LESSEE agrees not to use, nor permit the use:
- Of the rental craft for any unlawful purpose;
- Of the rental craft in a careless or negligent manner;
- Of the rental craft while under the influence of liquor and/or narcotics;
- Of the rental craft by any other person not the signatory of this agreement, or not qualified.
LESSEE acknowledges his/her responsibility for the safe and proper operation of the rental craft; 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 lost caused by accident, breakdown or malfunction of the rental craft, and revenue lost due to damages caused by LESSEE for as long as it takes to return leased equipment back to the same condition as it was prior to rental period. 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 craft. 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 craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.
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 this Agreement 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 and state of LESSOR. This Agreement shall be governed by the laws of the state of LESSOR.
In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft that LESSEE will immediately report same to LESSOR. Continued use of the rental craft 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 continued use of the rental craft.
LESSOR’S ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the rental craft by the previous lessee, or any other cause beyond LESSOR’S control.
LESSOR reserves the right to cancel this Agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used.
The rules and regulations contained herein and as posted in the office, on the rental craft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. 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 and regulations.
Should any term or condition of this 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.
THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT, EXCEPT THAT LESSEE EXPRESSLY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION POSTED IN LESSOR’S OFFICE.
This Jet Ski Rental Agreement (“Contract”) is entered into by:
Lessor: Steel City Jet Ski Rentals
1. Lessee agrees that the Leased Equipment has been received in good condition and represents and warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear. If the Leased Equipment is not received in the same condition, Lessee will be responsible for all costs associated with repairing the rental craft as well as the lost business revenue for as long as it takes for Lessor to return the Leased equipment to the same condition.
2. Lessee understands and acknowledges that the activity to be engaged in through Lessor’s lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to Lessee, its guests, its invitees or third parties. Lessee understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Those risks include, but are not limited to falling, slipping, crashing and colliding.
3. Lessee agrees to release, forever discharge and hold harmless Lessor for any injuries, damages or claims that result from Lessee’s negligence; including any injuries, claims or damages asserted by Lessee’s guests, invitees or third parties. Lessor agrees to release, forever discharge and hold harmless Lessee for any injuries, damages or claims that are the direct result of Lessor’s negligence; including injuries, claims or damages resulting from defective Leased Equipment or improper assembly or installation of the Leased Equipment.
4. Lessee agrees to supervise both the Leased Equipment and its use at all times the Leased Equipment is in the possession of Lessee. Lessee agrees to follow the directions and safety rules as posted on the Leased Equipment or as otherwise provided to Lessee by Lessor.
5. Lessee acknowledges and represents that it has adequate homeowner's insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which might occur to itself, its guests or its invitees from the use of the unit being rented or else lessee agrees to bear the costs of defense and liability of any such injury or damage itself.
6. Lessee agrees not to remove the Leased Equipment from the location on which Lessor has assembled or installed it. Lessee further agrees not to disassemble or uninstall the Leased Equipment or to assemble or install the Leased Equipment.
7. Lessee grants Lessor right to enter Lessee’s property for the delivery, pick-up or repossession of the Leased Equipment. Lessee agrees not to loan, sublet or otherwise dispose of the Leased Equipment.
8. In the event that Lessee files a cause of action against Lessor, Lessee agrees to do so solely in the state of Pennsylvania, and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.
9.Lessee agrees that if any portion of this Contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
10. Lessee acknowledges that sufficient time and opportunity were had to read this entire Contract, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms.
Today's Date: October 17, 2021
I HAVE READ THE ABOVE DELCARATIONS, UNDERSTAND THEM, AND I AGREE TO BE BOUND TO THEM