It is agreed on this date, between Lake Country marina as Lessor, and the person who signed below, as Lessee, that the Lessor hereby rents and leases to the Lessee that certain rental unit designated above and Lessee acknowledges receipt of the above rental unit in good condition and represents that he/she is able to handle above rental unit. Lessee agrees that the Lake Country Marina Waiver and Indemnity Agreement attached hereto is incorporated herein by reference and made a part of this Lease. Lessee further agrees:
(a) to pay the rental and other charges listed
(b) to keep said above rental unit locked in a safe place when unattended
(c) he/she will be the sole operator of said above rental unit
(d) not to operate said above rental unit in a negligent, careless or needlessly rough manor or in violation of any laws, ordinances or regulation.
(e) to pay for all damages and losses to said above rental unit during the term of this Lease, reasonable wear and tear excepted
(f) not to authorize any repairs to said above rental unit without consent of Lessor
(g) to use proper gas and oil mixture supplied by Lessor as fuel in said rental unit
NO REFUNDS WILL BE GIVEN FOR UN-USED GAS!
(h) to pay the Lessor the amount indicated as the value of said above rental unit if not returned
(i) that the information supplied below is true and correct
(j) and that there will be no deductions if Lessee is unable to start the said above rental unit or operate it satisfactorily.
Lessor reserves the right to cancel this Lease at anytime and demand immediate return of said above rental unit.
IN consideration of being permitted to lease a rental unit from LESSOR, LESSEE:
1. HEREBY ACKNOWLEGES THAT THERE ARE DANGERS AND RISKS OF INJURIES AND LOSS inherent in operating before mentioned rental equipment, but that, with full knowledge of such risks, LESSEE still desires to lease before mentioned rental equipment from LESSOR; and
2. HEREBY WAIVES, RELEASES AND COVENANTS NOT TO SUE LESSOR, its shareholders, directors, officers, employees, and agents (those other than LESSOR hereinafter collectively the “ASSOCIATED PERSONS”) FROM ANY AND ALL LIABILITY TO THE LESSEE FOR ANY AND ALL CLAIMS OF ANY KIND OR CHARACTER, LOSSES, DAMAGES, ACTIONS, CAUSES OR ACTION, OR EXPENSES WHATSOEVER WHICH ARISE OUT OF, IN CONNECTION WITH, RESULT FROM OR RELATE IN ANY MANNER TO THE USE OF BEFORE MENTIONED RENTAL UNIT OR THE ACTIONS OR OMISSIONS OF THE LESSOR AND/OR THE ASSOCIATED PERSONS WITH REGARD THERETO including, but not limited to, any and all such claims for known or unknown, foreseen or unforeseen, bodily injuries, personal injuries, death, property damage, and all other types of loss or damage, whether occurring prior to, during or after the use of the before mentioned rental unit leased hereunder, which in any way are related to the use of the before mentioned rental unit leased hereunder, whether caused by the negligence of the LESSOR and/or the ASSOCIATED PERSONS; and
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS LESSOR AND THE ASSOCIATED PERSONS from any losses, liabilities, damages, or costs which the LESSOR and/or the ASSOCIATED PERSONS may incur due to the use of the before mentioned rental unit leased hereunder which are caused directly or indirectly by LESSEE including, but not limited to, losses or injuries suffered by persons not a party to this Rental Equipment Waiver and INDEMNITY Agreement; and
4. HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTOOD AND VOLUNTARILY SIGNED THIS LEASE AGREEMENT CONTAINING THE FOREGOING WAIVER AND INDEMNITY AGREEMENT and expressly agrees that such agreement is intended to be as broad and inclusive as permitted by the laws of the State of Wisconsin and agrees that if any portion thereof is held invalid the balance shall, notwithstanding, continue in full legal force and effect and agrees that he/she assumes full responsibility for and risk of bodily injury, personal injury, death, property damage, and all other types of loss and damage, whether due to the negligence of LESSOR and/or the ASSOCIATED persons or otherwise, and states that he/she understands that LESSOR and the ASSOCIATED PERSONS have relied upon this Rental Equipment Waiver and Indemnity Agreement in leasing the before mentioned rental unit to LESSEE.