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For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties (“Boat Owner/Lessor”) agrees to rent the vessel and/or equipment (hereafter referred to collectively as “Vessel”) listed below to Lessee (identified below) for the time specified and subject to all terms and conditions set forth below. USE OF EQUIPMENT The Lessee will use the vessel and equipment in a good and careful manner and will comply with all the manufacturer's requirements and recommendations respecting the vessel and with any applicable law, whether local, state, or federal respecting the use of the vessel. Only the Lessee and those people whose signatures appear on this Vessel Rental Agreement (Contract) will operate the vessel during this charter. Each operator agrees that he/she will review Lessor’s written materials on operation of the vessel and participate in orientation regarding the safe operation of the vessel. WARRANTIES The vessel will be in good working order and good condition upon delivery. Any known damage or problems will be listed on this rental agreement. Lessee will inspect the vessel, and its accessories, prior to use and leases the same without any representations by Lessor. If the vessel has damage or problems not listed on this agreement, Lessee must notify the Lessor before use of the vessel begins. Acceptance of the vessel by Lessee will be deemed to be acknowledgement that the vessel is staunch and seaworthy and in good operational condition. The Lessee will pay a damage deposit before taking possession of the vessel. The Lessor will refund the deposit to the Lessee at the end of the term provided that the Lessee has performed all the Lessee's obligations under this Agreement. Retention of the security deposit by Lessor does not limit Lessor from pursuing any other remedy at law. EXCLUSIONS OF WARRANTIES LIMITATIONS OF DAMAGES Other than the Lessor expressly set forth herein, Lessor disclaims all warranties, expressed or implied, including, but not limited to any implied warranties of merchantability or fitness for a particular purpose. In the event of a breach of this contract, Lessor shall not be liable for incidental or consequential damages arising out of such breach. If any other term of this agreement is found unenforceable for any reason, or any exclusive remedy fails of its essential purpose, this provision of waiver by agreement of consequential and incidental damages shall continue in full force and effect. LOSS AND DAMAGE Lessor is not responsible for any property left, stored, lost, or transported by Lessee or any other person in, or upon vessel before, during, or after charter. To the extent permitted by law, the Lessee will be responsible for the risk of loss, theft, damage, or destruction to the vessel from any and every cause. Lessor carries insurance against general charter risk. Loss of inventory items, property of the Lessee, additional users, other parties, the propellers and outdrives are not covered by the insurance. Lessee acknowledges and understands that the vessel is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If the vessel is not left in suitable condition, Lessee acknowledges and understands that the Lessor reserves the right to charge Lessee for any repairs or special cleaning (beyond normal wear and tear). Additionally, Lessee understands and agrees that the Lessor reserves the right to charge for any damages, repairs, replacement, or special cleaning of any damaged or lost real or personal property. Lessee acknowledges, understands, and agrees that by signing this Vessel Rental Agreement (contract), he/she is authorizing Lessor to charge Lessee for any damages sustained. Such charges will be charged to the credit card on file for the rental. Lessee hereby assumes all risk and damage to the vessel. PROHIBITED ACTIVITIES The following activities are not permitted on the vessel. Violation of this provision could result in the immediate termination of this contract and forfeiture of all monies paid by the Lessee, including the full amount due for the rental regardless of how much time is remaining on the rental. ·No extra fuel or firearms on vessel ·Operating the boat while intoxicated ·Operate the boat with more people on board than the boat is rated WARRANTIES AND REPRESENTATIONS Lessee represents, warrants, and agrees to the following: ·Lessee will abide by all vessel rental policies, maritime, federal, state, and local laws and regulations and shall not conduct any illegal activities while using the vessel. ·That he/she is adequately familiar with the operation of the boat ·That he/she will always operate the boat in a safe manner ·The he/she understands the operation of the boat involves risks and that he/she assumes all liability associated with the operation of the boat ·That he/she has studied the provided California Course for Safe Boating ·Shall have exclusive possession, control, and command of said vessel during this period. RELEASE AND WAIVER OF CLAIMS Renter does hereby remise, release, and forever discharge our company(Boat Owner/ Lessor), Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Lessee ever had, now has, or which Lessee’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; or in any way arising out of the rental relationship between Renter and our company. CANCELLATION POLICY If Lessor cancels his / her reservation within 7 calendar days of the reservation, Lessor shall forfeit the rental fees. If the cancellation is due to inclement weather, then the deposit will be applied to an alternate date. There is no refund for early return. Lessor is not responsible for loss of running time due to equipment failure or weather. PERSONAL FLOATATION DEVICE POLICY Our company realizes the benefits of promoting safe boating. All our vessel is equipped with Personal Floatation Devices (PFD’s). Each vessel lessee is assigned one PFD per person upon checkout. All children, 12 years of age or under, must always wear a PFD, be it underway, beached, or on the dock. We also feel it is prudent that all adults adopt the same policy. All people must wear life jackets while swimming from the boat. Because PFD’s come in a variety of types and sizes, our company advocates that you and your crew follow these important procedures: ·Try on all PFDs to ensure they fit comfortably snug ·Do not attempt to alter your PFD. If it doesn’t fit, let the staff know immediately. ·Everyone must wear a PFD while using water skis, wake boards or other towable devices. CALIFORNIA BOATER CARD Our company considers water safety paramount to a successful vacation on the water. Although (Lessor’s) are exempt from needing a California Boater Card, we also advocates the California Boater Card Program which promotes boating safety. For more information refer to https://californiaboatercard.com. Our company offers a rental discount to valid California Boater Card holders. ACKNOWLEDGEMENT OF RISKS, RELEASE AND AGREEMENT TO ARBITRATE (“ACKNOWLEDGEMENT VESSEL RENTAL AGREEMENT”) Lessee has read and agrees to the terms of this vessel rental agreement, the terms of which are incorporated. Lessee covenants to indemnify and hold Lessor harmless from all liability resulting from damage or injury to any person (including death), or property suffered on, in or about the vessel by reason of the Lessee’s use, or operation of the vessel. This Agreement constitutes the sole and entire agreement of its parties with respect to the Agreement’s subject matter. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties with respect to the subject matter. As between or among the parties, oral statements or prior written material not specifically incorporated in this Agreement have no force or effect. The parties specifically acknowledge that, in entering and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others. THIS VESSEL IS RENTED SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ABOVE.OPERATORS REPRESENT THAT THEY HAVE READ AND AGREE TO SAME.