¡Hermoso Crest 240LX Tritoon 2022 en alquiler en Lake Pleasant con capacidad para 12 personas!

This Agreement is subject to the following terms, conditions, assumption of risk, waiver of liability and indemnification agreements contained herein. Lease: Lessor agrees to lease to Lessee the watercraft listed above for the dates stated above and in exchange for Lessee’s payment of the Rental Price stated above, all pursuant to the terms set forth in this Agreement, including the Terms & Conditions attached hereto, and with the understanding that Lessor has the right to terminate the Rental (or a guest’s participation) without notice should Lessor deem it unsafe to continue, including without limitation, due to weather conditions or Lessor’s reasonable belief that Lessee or a guest is impaired in a way that unnecessarily risks the safety of the Boat, Trailer, or other participants: WARNING: There are significant elements of risk in any adventure sport or activity associated with the outdoor presence or use of motorized watercraft including, but not limited to, boats, jet-skis, and all other forms of personal watercraft (PWC) (referred to herein as “activity”). Although Lessor has taken reasonable steps to provide Lessee with appropriate equipment and/or skilled staff so that Lessee can enjoy the activity regardless of skill, the activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be the cause of loss and damage to equipment, surrounding properties,accidental bodily injury, illness or, in extreme cases, permanent trauma or death to the participants in the activity or to others present on the body of water or surrounding area in which the activity is conducted. Some, but not necessarily all, of the risks assumed in renting and operating the Boat include: 1) Changing water conditions, wave action and the wakes of other watercraft; 2) collision of the Boat with swimmers, other watercraft, and manmade or natural objects (such as docks or submerged rocks); 3) variance and extremes of wind, weather and temperature, including without limitation, wind shear, rain, hail, and lightning,; 4) the participant’s sense of balance, physical coordination, ability to operate equipment., swim and or follow directions; 5) capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia and/or drowning; 6) equipment failure and operator error; 7) heat or sun related injury or illnesses including sunburn. sunstroke or dehydration: 8) fatigue, chill and/or dizziness, which may diminish recreation time and increase the risk of an accident. For your safety and that of others, prior to engaging in the activity, it is important that Lessee understand applicable boating laws and rights of way. BOAT RENTAL AGREEMENT TERMS & CONDITIONS: The following constitute the terms and conditions agreed to between Lessor and Lessee for the lease of the watercraft and related equipment (“Boat”) and trailer identified on the face of the Boat Rental Agreement (“Agreement”). 1. PAYMENTS. The rental term shall begin and end on the date(s) identified on the face of the Agreement. Should Lessee not be present or not ready to accept delivery of the Boat, for whatever reason, at the Date/Time Out, Lessor reserves the right to rent the Boat to someone else. Lessee agrees to return and surrender possession of the Boat on the date and time identified as the Return Date/Time on the face of this Agreement in as good and clean a condition as when delivered. Lessee is responsible for allowing sufficient time for unseen contingencies to permit Lessee to return at the stated time. A late charge of $75.00 shall be assessed for every half-hour, or portion thereof, the Boat remains in Lessee’s possession after the Return Date/Time. This is due to watercraft being leased multiple times daily. All rent is due at the time of rental. Lessee agrees to pay Lessor interest at the rate of eighteen percent (18%) per annum on any delinquent amounts until paid. 2. SECURITY DEPOSIT: Lessee will deposit the amount identified on the face of this Agreement as “Security Deposit” with Lessor. Lessee agrees that this deposit may be applied to satisfy any obligations of Lessee under this Agreement, but neither the making of the Security Deposit or the use thereof by Lessor, shall excuse the Lessee from the full performance of any such obligation. It is further agreed that said Security Deposit will be increased for the repair of any damages or loss of equipment not covered by a collision damage waiver (CDW), and such charges for consumable items as may have been used and not paid during the term of the use period. In case of damage for which the cost is not immediately ascertainable, the Security Deposit shall be retained and any portion thereof that has not been applied by Lessor shall be returned to the Lessee within 30 days of the termination of this contract. Lessee shall remain responsible for damages in excess of the Security Deposit and/or loss not covered by the CDW. All fees and charges, in any incurred by Lessee pursuant to the terms of this Agreement, shall be charged to Lessee's credit card on file with Lessor. 3. DAMAGE, LIABILITY, AND INSURANCE. Lessee shall be responsible for the full value of any loss of or damage to the Equipment, Boat, items included in rental(Lilly pad, coolers, stand up paddle board and its accessories, Kayak and accessories, all items that came with the boat upon rental, or Trailer, regardless of fault, during the rental term. Lessee shall keep the Equipment, Boat, and Trailer, insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value. Lessee agrees that the value of the Equipment, Boat, or Trailer, stated on the face of the Agreement is accepted as the true value of the Equipment, Boat, or Trailer. Lessee shall be liable for all expenses, personal injury, and property damages and claims arising out of its possession, operation, or transportation of the Equipment, Boat, or Trailer. Lessee agrees to indemnify and hold harmless Lessor from any and all claims whatsoever arising from, relating to, or in any way connected with the Equipment, Boat, or Trailer, including attorneys’ fees, costs, or consequential or delay damages. Lessee further agrees to protect Lessor by carrying full liability insurance policy and name Lessor as an additional insured and loss payee under such policy. Upon request by Lessor, Lessee shall promptly deliver to Lessor evidence of said insurance coverage. Lessee shall keep the equipment insured against any, and all risks of loss or damage. The costs of such insurance policies and required endorsements will be the obligation of the Lessee. 4. DAMAGES: The Lessee’s Security Deposit shall be first applied to any collision damage to the Boat. Lessor will then waive Lessee’s responsibility for the next $750.00 of collision damage to the Boat, provided the Boat, including furnished equipment, is used in accordance with the terms and conditions of this Agreement. Damage exceeding the $750.00 coverage by Lessor is the responsibility of the Lessee. 5. ACCIDENT, BREAKDOWNS, UPSET, INDEMNITY AND RELEASE. In the case of an accident, Lessee shall notify Lessor immediately. Lessee shall cooperate fully, as may be necessary or required with all investigations conducted by Lessor or any governmental agency or department. No repairs may be performed to the Boat or Trailer without permissions from Lessor. Lessor agrees that, should the Boat sustain mechanical failure, breakdowns of machinery, or be disabled or damaged by fire or other cause so as to prevent the use of the Boat by the Lessee for a period of more than 10% of the agreed Rental period, the same not being brought about by any act or default of Lessee, Lessor shall make a pro-rate return of rental fees to Lessee. The entire amount of the security deposit shall be forfeited if the Boat or Trailer is upset or overturned and such payment shall be in addition to any other damages or lost equipment incurred. Lessee, on his/her own behalf and on behalf of his/her guests, hereby agrees to waive, release, discharge, indemnify and hold harmless Lessor and its agents, affiliated companies, attorneys, affiliated entities, ventures, partnerships, servants, employees, predecessors-in-interest, successors-in-interest, heirs, devises, assigns, and each and every land owner, municipal and/or governmental agency upon whose property the boating activities are conducted from any and all past, present and future liabilities, claims, claims for monetary recovery, damages, demands, causes of action, judicial, administrative and arbitration awards and suits of every kind and nature brought by, relating to and/or arising from the rental, use and operation of the Boat, Trailer, and related equipment, whether or not furnished by Lessor. Lessee’s obligation to indemnify and hold harmless includes any liability or loss arising from Lessor’s negligence. In the event of any action or claim triggering Lessee’s obligations under this paragraph, Lessor shall have the sole right to select counsel for its defense. 6. SERVICE, DAMAGE AND LOSS OF EQUIPMENT FEE POLICY: Boat damage (includes hull damage) and loss of equipment fee is as follows for each Boat and furnished items of equipment: 1) Charges include labor of $120 per hour plus cost of parts and/or materials; 2) A fee of $750 plus parts and labor will be assessed in the event the Boat engine ingests water (Hydro-locking). 3) Propeller damage $250 and up; 4) $150 for cigarettes burn or small tears in upholstery 5) Rope sucked into prop $500 and up. The foregoing information are the most common damages caused to the Boat but in no way release the Lessee from any and all damages caused by Lessee and/or his/her guests’ actions and/or neglect. Lessee agrees that if damage does occur, and if full payment is not received within 14 days of billing for same, Lessor, at its discretion, may charge the Lessee for lost revenue due to the Boat’s extended down time for repairs. 7. ACCEPTANCE AND WARRANTIES. Acceptance of the Boat and Trailer shall constitute binding acknowledgment that Lessee has fully inspected the Boat and Trailer (including all onboard equipment and supplies furnished by Lessor) and that the same has been received in good, safe, and serviceable condition, unless noted in writing at the time of receipt of same. Lessee certifies, by acceptance of the Boat and Trailer for use, that Lessee has examined the Boat before departure and confirmed that the Boat and Trailer is safe, operable and properly outfitted as required by law. The descriptions of the Boat and its onboard equipment provided by Lessor are for purposes of reference only; and there is no warranty, express or implied, that the Boat and its onboard equipment conforms to the descriptions. Lessor’s liability for a claim based upon the theory of warranty shall not exceed the daily rental rate of the Boat set forth in the Agreement. LESSOR MAKES NO REPRESENTATIONS, WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS OTHERWISE CONTAINED IN THIS AGREEMENT. 8. DUTY TO MAINTAIN & OPERATING EXPENSES. Lessee agrees to pay all fees, charges and expenses attendant to and incidental to the use and operation of the Boat and Trailer during the rental period, including but not limited to fuel, oil, tire repairs/damages. Under no circumstances shall Lessee contract for or agree to the payment of such fees, charges or expenses in the name of Lessor. Lessee shall not alter or disfigure the Boat or Trailer during the rental term. Lessee shall return the Boat and Trailer, including all onboard equipment and supplies, to Lessor in the same condition as received less ordinary wear and tear. Any repairs to the Boat will be performed by or at the direction of Lessor at Lessee’s sole expense. Boat must be returned with full tank of gas. Fuel cost + $40.00 service fee will be charged if boat is returned with less than a full tank. 9. OPERATION. Lessee certifies that LESSEE AND ALL AUTHORIZED OPERATORS ARE AT LEAST 21 YEARS OF AGE and that Lessee fully understands and is experienced in the navigation of the Boat and Trailer and is experienced in the use of all onboard equipment. Lessee further warrants that individuals operating the Boat and Trailer are familiar with the Boat and Trailer, that they understand the operating instructions, and that Lessee shall be solely responsible for informing all potential operators of the Boat and Trailer of said instructions. Lessee agrees to restrict the operation of the Boat and Trailer to competent, qualified operators who are AT LEAST 21 YEARS OF AGE. Lessee further certifies, represents and warrants that Lessee will at all times operate the Boat and Trailer in a reasonable and prudent manner, having due regard for other vehicles, obstacles, watercraft, wakes and all other attendant circumstances so as to not endanger the life, limb or property of any person. Lessee further warrants that at all times while operating the Boat and Trailer, Lessee will follow and comply with all safety and navigation markers, signs and or buoys as well as all marked and posted operation restrictions regarding speed, wakes, area access and hazards; and all applicable laws and regulations. Lessee shall not overload the Boat and trailer beyond passenger/weight restrictions. If the boat is overloaded beyond Lessor’s passenger or weight restrictions Lessee may lose his/her Security Deposit. 10. LIMITATION ON USE & OPERATION. With respect to the operation of the Boat during the rental period, Lessee agrees to comply with the following: 1) identify all buoys; 2) obey all “no wake” area restrictions. Any Lessee caught or observed breaking the no wake rule is subject to loss of deposit; 3) always look in all directions for other watercraft and hazards; 4) when not at wake-less speed, stay at least 60ft from other watercraft; 5) do not attempt jumps or cross the path of another watercraft; 6) prevent collisions by staying away from other watercraft and steering away from other watercraft while applying appropriate throttle; 7) Board the Boat from the stern (rear) only while the motor is off; 8) Do not beach the Boat; 9) keep away from the propeller at all times; 10) report all accidents or damages to Lessor immediately; 11) Lessee will not operate the Boat in less than five feet of water; 12) the operation of the Boat shall be restricted to daylight hours; 13) no weapons or drugs shall be carried on the Boat; 14) Only the Lessee and other authorized operators identified in this Agreement are permitted to operate the boat; 15) No pets shall be taken aboard the boat without prior permission from Lessor, additional fees may be applied; 16) Lessee must abide by all state, city, county, and/or all federal boating law; 17) in no circumstance shall Lessee or other authorized operator be permitted to tow a person on any water device without prior written approval from Lessor; 18) Lessee agrees not to carry more than stated as the maximum number of passengers or weight allowed for the Boat; 19) Lessee acknowledges that the operator of the Boat is responsible for the safety and welfare of all the passengers on the Boat, 20) Lessee agrees that any film or photographs of Lessee and participants, becomes Lessor’s property and may be used for promotional or commercial purposes. 11. REFUND & NO SHOW POLICY: No refunds will be given for Rentals returned early or Rentals returned due to the result of bad weather. Notice of cancellation of any reservation must be received by Lessor 5 days before the Rental Period commences or a “No Show” fee equal to the rental rate will be charged to Lessee’s credit card on file. (Please note we will do everything possible to reschedule your booking if you miss it due to unforeseen circumstances.)If Lessee is late for check-in, without notifying Lessor by phone within 1 hour of your scheduled rental time, Lessor reserves the right to release the reservation and rent the Boat out to other parties. 12. RETURN POLICY & LATE FEE: All Boats must be returned to the rental location by the designated Return Date/Time or be subject to a Late Fee of $75.00 for each half hour the Boat remains unreturned. Further, any Boat not returned to the agreed location will be charged a $50.00 per hour piloting fee plus cost of gas. Lessor is NOT responsible for any personal items lost or left on the Boat. 13. CLEANING FEES: A cleaning fee of up to $250.00 will be charged against Lessee’s Security Deposit, or credit card if Security Deposit is depleted, any rental items returned dirty. This includes mud, liquid and food stains on the decks, bodily fluids staining the deck and upholstery, plastic panels and any upholstery as well as dirt, food crumbs and other debris/ left trash. If permanent damage results, Lessee may be charged for new items. 14. FUEL CHARGES: When the Lessee has run the boat out of fuel or abandoned the boat without refueling, a refueling charge of $100.00 plus the cost of fuel used during the rental will be charged. Lake Runs & Towing Services: $150.00 per hour minimum/ $200.00 per hour after 5:00pm. 15. ASSIGNMENT AND SUBLEASE. Lessee may not assign, sublease, or otherwise transfer any interest under this Agreement without written consent of Lessor. Lessor may assign this Agreement without notice. 16. REMEDIES. Lessor shall have any and all remedies provided in this Agreement, at law, or equity, including but not limited to the right to sue for damages, collection of unpaid rent or other charges, repossession, and consequential damages. All remedies given to Lessor are cumulative and the exercise of any one remedy by Lessor shall not be to the exclusion of any other remedy. The termination of this Agreement for any reason shall not terminate or cancel Lessor’s right to pursue any remedy against Lessee. In the event of any disputes arising out of this Agreement, or Lessee’s and/or Operator’s use and operation of the Boat and Trailer, including but not limited to damage issues or non-payments issues, Lessee agrees to pay Lessor’s reasonable attorney’s fees and court costs. In addition, Lessee and/or Operator understands and agrees that if the Boat or Trailer is damaged and rendered unusable, Lessee may be charged for loss-of-use damages, in an amount equal to the full daily rental value of the Boat, for the total number of days the Boat or Trailer is rendered unusable. 17. BINDING, WAIVER, AND SEVERABILITY. This Agreement, including the Boat check-out/check-in sheets, constitutes the entire agreement between the parties. Lessor’s failure to require performance of any provision shall not constitute a waiver of Lessor’s ability to require performance in the future. In the event that any provision of the Agreement is deemed invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 18. DISPUTES. Lessee expressly agrees that the laws of the State of Arizona will govern this Agreement. In the event of a dispute, Lessee further agrees that venue shall be in the Superior Court of Pinal County, Arizona. Lessee further agrees that, in the event of any such legal action arising out of this Agreement, the prevailing party shall be entitled to an award of their attorneys’ fees and costs incurred in bringing such action. When signing this contract you agree and understand that all boats, equipment, and trailers will be inspected up to 24 hours after your rental. In the case new damages are found you will still be responsible for repairs. You agree to take pictures and videos before the rental. In the case of new damages we will require you to submit the pictures and videos to us in a timely manner. In the case that a picture or video was not taken or does not show the damaged area, you agree to pay Lessor for the repairs.