This Glacier Powersports Rental Agreement (the “Agreement”) is made and entered on March 26, 2023, by and between Glacier Powersports, LLC, 108 Rocky Cliff Drive, Kalispell, Montana 59901 (the “LESSOR”) and (“LESSEE”):
A BOAT RENTAL WILL NOT BE ACCEPTED WITHOUT A CREDIT CARD NUMBER UNLESS ONE IS ONE FILE.
THE PARTIES AGREE AS FOLLOWS:
1. PARTIES: LESSOR is in the business of renting watercraft for recreational purposes. LESSEE desires to rent certain watercraft from LESSOR. The Parties desire to enter into a rental agreement in which LESSEE will rent from LESSOR certain watercraft upon the terms and conditions set forth below:
a. Morning half day shall be from 9:00 AM to 1:00 PM and afternoon half day is from 2:00 PM to 6:00 PM. Full day is from 9:00 AM to 6:00 PM. All rates shall be increased by $100.00 for the dates of July 3 through July 6.
b. If the watercraft is not returned at the specified time herein, LESSEE agrees to pay for OVERTIME at the rate of $50.00 per each half-hour.
c. Use of the watercraft shall be LIMITED to Flathead Lake.
d. The rates listed shall not include fuel charges, and LESSEE shall be responsible for all fuel charges and shall refuel the Watercraft prior to returning it to LESSOR. LESSEE may use LESSOR’s slip tank for refueling.
3. CONDITION AND OPERATION OF WATERCRAFT: THE LESSEE CERTIFIES THAT HE/SHE HAS CAREFULLY EXAMINED THE CRAFT AND EQUIPMENT AND FINDS IT AND ANY OTHER ACCESSORY EQUIPMENT IS IN ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE AND MAINTAIN BOTH THE CRAFT AND ACCESSORY EQUIPMENT IN A SAFE AND DEPENDABLE CONDITION AND IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN THIS OFFICE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS. THE RULES AND REGULATIONS CONTAINED HEREIN AND AS POSTED IN THE OFFICE, ON THE 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 THAT HIS/HER FAMILY AND OR GUEST(S) WILL OBEY THE RULES. LESSEE AGREES NOT TO USE, NOR PERMIT THE USE: A. OF THE RENTAL CRAFT FOR ANY UNLAWFUL PURPOSE; B. OF THE RENTAL CRAFT IN A CARELESS OR NEGLIGENT MANNER; C. OF THE RENTAL CRAFT WHILE UNDER THE INFLUENCE OF LIQUOR OR NARCOTICS; OR ANY OTHER DRUGS; D. BY ANY OTHER PERSON NOT THE SIGNATORY OF THE AGREEMENT, OR NOT EQUALLY QUALIFIED; AND E. OF THE RENTAL CRAFT AFTER DARK.
4. REPORTING ISSUES WITH WATERCRAFT: LESSEE agrees to report any accident, malfunction or breakdown of rental craft to LESSOR immediately in accordance with the malfunction/breakdown clause which follows.
5. MALFUNCTION AND BREAKDOWN: In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft the LESSEE will immediately report it to LESSOR. Continued use of it shall be entirely at the LESSEE'S risk and thus LESSEE assumes all liability of injury and damage to all persons and property that may become involved by its continued use.
6. CREDIT CARD CHARGES: LESSEE authorizes and allows LESSOR to charge LESSEE's credit card for any rental charges, fuel charges, damages and/or loss of equipment. A major credit card authorization (VISA, MasterCard, Discover, American Express or Debit) or CASH in the amount of five hundred dollars ($500.00) shall be retained by the LESSOR as partial compensation for failing to return said rental craft 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 craft by LESSEE.
7. INDEMNIFICATION: LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY LESSEE that the LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmlesstheLESSORanditsagents, affiliatesandpersonnelfrom,andagainstanyandall 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 LESSOR harmless should loss or damages occm to any LESSEE'S personal property while canied in, or on, the rental craft, including loss or damage by fire, water, theft or any other causes whatsoever.
8. COLLECTION COSTS: LESSEE expressly agrees to indemnify and hold LESSOR and its agents, affiliates and personnel, harmless of, from and against any and all loss, cost, damages, attorney fees and/or liability in connection with the enforcing of the forgoing rental contract by LESSOR, including expense incurred in connection with attempting to collect delinquent rent and in the event of suit by LESSOR, to recover possession of said rental property and/or to enforce any terms, conditions and/or provisions hereof.
9. AVAILABILITY OF WATER CRAFT: LESSOR'S ability to provide 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. LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based on time used.
10. WAIVER AND RELEASE OF LIABILITY: THE UNDERSIGNED LESSEE AGREES THAT HE/SHE IS ALSO SIGNING THIS AGREEMENT ON BEHALF OF UNDERSIGNED'S MINOR CHILDREN. LESSEE AGREES THAT HE/SHE WILL DISCLOSE TO LESSOR ALL POTENTIAL OPERATORS, PASSENGERS, AND USERS OF SAID RENTAL EQUIPMENT. LESSEE FURTHER AGREES THAT IN THE EVENT THAT HE/SHE FAILS TO NOTIFY LESSEE OF ALL POTENTIAL OPERATORS, PASSENGERS, OR USERS OF SAID EQUIPMENT, HE/SHE WILL BE PERSONALLY LIABLE FOR ANY DAMAGES TO THE UNDISCLOSED INDIVIDUALS, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE ORFAULTOFLESSOR.
11. ACKNOWLEDGEMENT OF RISKS: BY SIGNING THIS DOCUMENT, YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER/LESSOR LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER/LESSOR'S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER/LESSOR'S FAILURE TO EXERCISE REASONABLE CARE. THE UNDERSIGNED LESSEE HEREBY ACKNOWLEDGES THAT SOME, BUT NOT ALL OF THE RISKS OF PARTICIPATING IN WATERSPORT ACTIVITIES INCLUDE: 1) CHANGING WATER FLOW, TIDES, CURRENTS, WAVE ACTION AND SHIPS' WAKES; 2) COLLISIONS WITH ANY OF THE FOLLOWING: OTHER PARTICIPANTS, THE WATERCRAFT, OTHER WATERCRAFT, AND MANMADE OR NATURAL OBJECTS; 3) COLLISION, CAPSIZING, SINKING OR OTHER HAZARD WHICH RESULTS IN WETNESS, INJURY, EXPOSE TO THE ELEMENTS, HYPOTHERMIA, DROWNING AND/OR DEATH; 4) ATTACK BY OR ENCOUNTER WITH INSECTS AND MARINE LIFE FORMS; 5) EQUIPMENT FAILURE OR OPERATOR ERROR; 6) SENSE OF BALANCE, PHYSICAL COORDINATION, ABILITY TO OPERATE EQUIPMENT, SWIM AND/OR FOLLOW DIRECTIONS; 7) WIND, INCLEMENT WEATHER, LIGHTNING, VARIANCES AND EXTREMES OF WIND, WEATHER, AND TEMPERATURE; AND 8) HEAT OR SUN RELATED INJURIES OR ILLNESSES, INCLUDING SUNBURN, SUNSTROKE AND/OR DEHYDRATION. THE UNDERSIGNED LESSOR ACKNOWLEDGES THAT THE LIST OF THESE RISKS IS NOT COMPLETE AND THAT OTHER UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS OR DEATH.
12. EXPRESS ASSUMPTION OF RISK: THE UNDERSIGNED LESSEE HEREBY AGREES THAT HE/SHE IS RENTING, OPERATING OR USING THE EQUIPMENT PROVIDED BY LESSOR AT IDS/HER OWN RISK. THE UNDERSIGNED LESSEE AGREES THAT HE/SHE IS VOLUNTARILY PARTICIPATING IN ALL ACTIVITIES RELATED TO THE RENTAL, OPERATION, OR USE OF THE RENTAL EQUIPMENT, THE UNDERSIGNED LESSEE ASSUMES FULL RESPONSIBILITY FOR THE RISKS OF PERSONAL INJURY, ACCIDENTS OR ILLNESS, INCLUDING BUT NOT LIMITED TO SPRAINS, TORN MUSCLES AND/OR LIGAMENTS; FRACTURE OR BROKEN BONES; EYE DAMAGE; CUTS, WOUNDS, SCRAPES, ABRASIONS, AND/OR CONTUSIONS; HEAD, NECK, AND/OR SPINAL INJURIES; ANIMAL OR INSECT BITE OR ATTACK; SHOCK, PARALYSIS, DROWNING, AND/OR DEATH;ANDANYRESULTANTEXPENSESFROMANYOFTHE FOREGOING RISKS AND ASSUMES ALL RISK INJURY, ILLNESS, DAMAGE OR LOSS THAT MIGHT RESULT, REGARDLESS OF THE CAUSE, EVEN IF THE RISKS ARISE OUT OF THE NEGLIGENCE OR FAULT OF LESSOR.
13. WAIVER/RELEASE OF LIABILITY: BY THE EXECUTION OF THIS AGREEMENT, THE UNDERSIGNED LESSEE VOLUNTARILY RELEASES, FOREVER DISCHARGES AND AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE ARISING FROM PERSONAL INJURIES SUSTAINED BY THE UNDERSIGNED LESSEE, ANY PASSENGERS OR OTHER OPERATORS OF THE LEASED WATERCRAFT, AND/OR ANY MINOR CHILDREN UNDER THE LESSEE'S CUSTODY, CARE, AND CONTROL, AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO THE RENTAL, OPERATION, OR USE OF EQUIPMENT PROVIDED BY LESSOR REGARDLESS OF THE CAUSE. THE UNDERSIGNED LESSEE ASSUMES FULL RESPONSIBILITY FOR ANY SUCH INJURIES OR DAMAGES, WHICH MAY OCCUR, AND FURTHER AGREES THAT LESSO. SHALL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL PROPERTY. THE UNDERSIGNED LESSEE SPECIFICALLY AGREES THAT LESSOR SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY LESSOR, WHETHER SUCH NEGLIGENCE IS PRESENT AT THE SIGNING OF TIDS AGREEMENT OR TAKES PLACE IN THE FUTURE. THIS WAIVER AND RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE OR INTENTIONAL TORTS BY LESSOR.
14. LIABILITY TO THIRD PARTIES: THE UNDERSIGNED LESSEE HEREBY AGREES THAT HE/SHE WILL INDEMNIFY AND HOLD HARMLESS LESSOR FOR ALL PERSONAL INJURIES, PROPERTY DAMAGES, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, OPERATORS AND PASSENGERS IN THE LEASED WATER CRAFT OR OF ANY OTHER WATERCRAFT, AND MINOR CHILDREN UNDER THE UNDERSIGNED LESSEE'S CUSTODY, CARE, AND CONTROL AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO THE RENTAL, OPERATION, OR USE OF EQUIPMENT PROVIDED BY LESSOR, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF LESSOR.
15. ACKNOWLEDGEMENT OF WAIVER AND RELEASE: THE UNDERSIGNED LESSEE STATES THAT HE/SHE HAS HAD SUFFICIENT TIME TO REVIEW TIDS ENTIRE AGREEMENT, AND IN PARTICULAR, SECTIONS 10 THROUGH 15, AND TO ASK ANY QUESTIONS ASSOCIATED WITH TIDS AGREEMENT. THE UNDERSIGNED LESSEE FURTHER STATES THAT HE/SHE HAS CAREFULLY READ THE FOREGOING AGREEMENT, KNOWS THE CONTENTS THEREOF, AND HAS SIGNED TIDS RELEASE AS HIS/HER OWN FREE ACT. THE UNDERSIGNED LESSEE WARRANTS THAT HE/SHE IS AWARE THAT HE/SHE MAY RENT, OPERATE, OR USE EQUIPMENT FROM ANOTHER RENTAL FACILITY, BUT HAS CHOSEN TO RENT, OPERATE, OR USE EQUIPMENT FROM LESSOR. WITH THE KNOWLEDGE THAT SIGNING THIS AGREEMENT IS A REQUIREMENT FOR RENTAL, OPERATION, AND USE OF SAID EQUIPMENT. THE UNDERSIGNED LESSEE FURTHER WARRANTS THAT HE/SHE IS FULLY AWARE THAT HE/SHE IS WAIVING ANY RIGHT HE/SHE MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST LESSOR FOR LESSOR'S NEGLIGENCE.
16. AUTHORITY TO ENTER AGREEMENT:LESSEE warrants that it has the authority to enter into this Agreement and that this Agreement does not breach any other contracts, commitments, agreements, or understandings to which LESSEE is bound.
17. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Patties and the heirs, legal representatives, successors and permitted assigns of the Parties.
18. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
19. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both of the Parties.
21. ATTORNEY'S FEES: In any action brought by either of the Parties to enforce any of the terms of this Agreement, the prevailing party in such action shall be entitled to such reasonable attorney fees and costs as the comt or arbitrator shall determine just.
22. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, at the addresses indicated above.
23. COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same instrument. As used herein, "counterparts" shall include full copies of this Agreement signed and delivered by email or facsimile transmission, as well as photocopies of such email or facsimile transmissions.
24. CHOICE OF LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Montana. Further, the Parties agree, if there is a lawsuit, that jurisdiction and venue shall be in Flathead County, Montana.