Naviguez dans le port historique de Marina del Rey à bord d'un nouveau bateau électrique

Instructions:  All participants must thoroughly read the following sections and digitally sign at the bottom or email claiming understanding with typed name, which is in acknowledgment to a full understanding of the stated twenty four sections and subsections of release and liability for designated renter of ElectroCraft e-boats KillaWatts and/or Shrimp Happens. Read all the way to the bottom to see safety and Marina del Rey Harbor rules. This Rental Agreement (Agreement) is made between our company a California limited liability company which is incorporated herein by reference as (The Company) and the individuals listed on Schedule , which is incorporated herein by reference (Renter). This Agreement shall be effective on the date of scheduled excursion. In consideration of the full and faithful compliance by the parties, The Company leases to the Renter the following equipment (Equipment):  ElectraCraft model, all electric boats, Killawatts and/or Shrimp Happens 1. Rental Period and Rental Payment. The Company agrees to lease to Renter of the Equipment for the following selected rental period (Rental Period) upon payment of the applicable rental payment (Rental Payment): 2 HOUR RENTAL PERIOD: Beginning at the designated agreed time either am / pm and ending four hours thereafter upon Rental Payment to the Company in the amount of $350. 3 HOUR RENTAL PERIOD: Beginning at designated agreed time either am / pm and ending four hours thereafter upon Rental Payment to the Company in the amount of $650. 4 HOUR RENTAL PERIOD: Beginning at designated agreed time either am / pm and ending four hours thereafter upon Rental Payment to the Company in the amount of $650. 5 HOUR RENTAL PERIOD: Beginning at designated agreed time either am / pm and ending six hours thereafter upon Rental Payment to the Company in the amount of $875. 2. Security Deposit. Renter agrees to deposit previously stated, if any, the Security Deposit which sum may be applied by the Company toward any expense of repair of damage to the Equipment, or any other sums owed by Renter to the Company under the terms of this Agreement. The Company reserves the right to inspect the Equipment for a period up to thirty (30) days after the expiration of the Rental Period (The Company ) to confirm that no damage has occurred to the Equipment and no other charges have accrued under the terms of this Agreement. Any unused portion of the Security Deposit will be released to Renter following the termination of the Rental Period and the Inspection Period. Renter acknowledges that Renter shall be responsible for all damages or other sums due under this Agreement, even if such an amount exceeds the Security Deposit. 3. Cancellation Policy. Any Rental Payment paid by Renter shall be non-refundable to Renter. In the event that Renter notifies the Company in writing that he/she is canceling the reservation at least 72 hours prior to the commencement of the Rental Period, the Company agrees to a one-time credit of the Rental Payment towards any future agreed upon rental arrangement with Renter for a period of one year. The parties acknowledge that the weather is unpredictable and may result in conditions that are not ideal for the intended use of the Equipment. The Company reserves the right to cancel this Agreement at any time if the Company determines, in its sole and absolute discretion, that the weather presents an extreme and unsafe condition with the signature below. 4. Use of Equipment. Renter agrees to use and operate all equipment in a reasonably prudent manner and in accordance with the laws of the State of California . Specifically, any Renter that operates the boat or other watercraft represents that (i) he/she is at least twenty-years of age, (ii) has a valid driver's license, and (iii) he/she has the requisite knowledge and ability to competently operate the respective boat or other watercraft in use. Renter agrees not to permit any person, other than an additional Renter, to use, operate, or enjoy the Equipment during the Rental Period unless Renter has obtained the Company prior express written consent. 5. Warranty Disclaimer. THE COMPANY MAKES NO WARRANTIES OF MERCHANTABILITY, NO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER WARRANTIES EXPRESS OR IMPLIED. 6. Cooking. Renter agrees not to engage in any cooking, grilling, or other preparation of food that includes any heating devices while operating or using the Equipment, specifically any boat or other watercraft. 7. Pets. No pets are permitted on boat or watercraft, unless Renter and the Company have agreed separately in writing and paid the associated fee. If violated the Renter will be liable for all damages caused to the vessels by unpermitted pets when signing below.  8. Alcohol. The Company agrees to permit Renter to keep and use alcohol lawfully purchased by Renter only under the following strict conditions: no one under the age of twenty-one (21) may consume alcohol, (ii) no drinking is permitted while operating the boat or watercraft, (iii) Renter agrees to not violate any applicable law in his or her use of alcohol.  9. Return of Equipment. Renter agrees to promptly return the Equipment to the Company at the end of the Rental Period at the designated private boat ramp located in Marina del Rey, CA, or at another location designated by the Company. All equipment shall be returned to the Company cleaned, in good repair, and in the same condition at the commencement of the Rental Period. If any Equipment is returned in a damaged or unclean condition, Renter agrees to be responsible for any and all damages, repairs, replacement, or cleaning expenses.  10. Fuel. Renter agrees to purchase all fuel and oil necessary to refuel the equipment prior to returning the equipment to the Company if applicable when signing below.  11. Separate Liability Waiver. The parties acknowledge that they have entered into a separate Liability Waiver and Release Agreement. The parties hereby agree that a breach, default, or violation of the Liability Waiver shall constitute a default under this Agreement. In the event that the parties have not entered into a separate Liability Waiver and Release Agreement, then the following provisions shall apply: - Voluntary Participation. Renter understands that his/her use of the Equipment is strictly terms set forth in this Agreement is material inducement for the Company to allow Renter to lease and use the Equipment, and the consent as evidenced by my signature below. - Risk of Personal Injury. Renter is aware of the risks associated with participating in the use of the Equipment, which may include, but are not limited to, physical or psychological injury, 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, drowning, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. Renter understands negligence, conditions related to travel, the equipment, or the condition of the Activity location. Nonetheless, Renter assumes all risks, either known or unknown, of the Activity. - Waiver and Release. On behalf of the Renter and Renter’s successors, assigns, heirs, devisees, estate, and executors (collectively, Successors), and to the fullest extent permitted by law, Renter unconditionally and forever release, waive, covenant not to sue, agree to hold harmless, and discharge our company and its affiliates and subsidiaries, along with each of their officers, directors, employees, agents, and contractors (collectively, Released Parties), from all claims, judgments, costs, damages, losses, expenses, and liabilities, whether arising under a theory of contract, warranty, negligence, strict liability, product liability, or any other theory, relating to any claim Renter may have now or in the future with respect to any death, disability, personal injury, property damage, property theft, pecuniary or other loss, damage, suffered by Renter or any third party as a result of the use of the Equipment, any use by the acceptance of, participation in, or inability to participate in the Activity, even if the Damages are caused solely by the recklessness, negligence, or fault of one or more Released Parties (collectively, Released Claims). Renter specifically understands that the Company and the Released Parties are not insurers of Renter. The Renter agrees that this agreement will prevent the Renter and Renters Successors from bringing a lawsuit, claim, or other action against the Company and Released Parties and from recovering any money damages, or other legal relief from the Company and Released Parties in connection with any claims for Damages related to the Released Claims. - Indemnification for Minor. This paragraph shall apply to any minor Renter, or minor child in the control or custody of Renter. Renter, as parent, legal guardian, or agent, of any minor child, by the signature below, on behalf of said minor child, agrees to indemnify, defend, and hold harmless the Company and Released Parties from and against all claims, costs, losses, damages, and expenses (including reasonable attorneys fees). Parties arising out of or in connection with any Released Claims. The Company is Released below with the signed signature.  - Consent to Medical Treatment. Renter consents to receive medical treatment which may be deemed advisable in the event of injury, accident, or illnesses during my participation in the Activity. Renter agrees to pay for all costs related to medical response, treatment, and transport on my behalf. Renter further warrants and represents that Renter has health, accident, and life insurance adequate for Renters needs and that the Insurance provides coverage with respect to participation in the Activity. - Physical Fitness; Physician Consultation. Renter understands that the Company recommends that Renter consult with a physician prior to participating in the use of the Equipment. Renter declares that he/she is physically sound and does not suffer from any condition, impairment, disease, infirmity, or other illness that would prevent or impair renters use of the equipment. Renter certifies that he/she is not under the influence of any narcotic, alcohol, or other drug that may impair my understanding or judgment and that Renter will not be so impaired at any time while operating the Equipment. Renter further acknowledges that he/she have been been informed of the recommendation for the physician's approval prior to his/her voluntary participation in the Activity, and that Renter has either had a physical examination and have received Renter has decided to participate without the approval of physician and assume all responsibility for Renters actions and physical conditions arising from any participation in the Activity. - Consent to Use Likeness. Renter gives permission irrevocably and in perpetuity to the Company and Released Parties to use, adapt, reproduce, distribute, display, and publicly perform name, visual likeness, writings, and biographical data, in whole or in part, in connection with the promotional or marketing activities of the Company and Released Parties without additional compensation to Renter. Renter understands that his/her name, image, and visual likeness may be recorded by various means, including but not limited to still photography and video (Released Likeness). Renter waives to the fullest extent permitted by law any causes of action in law or in equity Renter may have now or in the future against the Company or Released Parties for libel, slander, invasion of privacy, copyright or trademark infringement, violation of the right of publicity, or false light arising out of or in connection with the Renter agrees that all aspects of any Released Likeness are owned by the Company and that the Company may copyright any material containing the Released Likeness. If Renter receives any copy of material containing the Released Likeness, Renter will not authorize its use by any other party. 12. Time. Time is of the essence with regard to the Agreement. 13. Binding Effect. This Agreement is binding upon and shall insure to the benefit of all parties hereto, their respective heirs, successors, legal representative and assigns. 14. Singular and Plural. Unless the context requires otherwise, singular words may be construed as plural, and plural words may be construed as singular. 15. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. 16. Entire Agreement. Except as expressly provided herein, this Agreement states the entire agreement between the parties and merges in this agreement all statements, representations, and covenants heretofore made, and any other agreements not incorporated herein are void and of no force and effect. 17. Headings. The headings of the various Sections and Subsections of this Agreement are for purposes of convenience only and are not part of this Agreement. They in no way define or limit the scope or intent of this Agreement. 18. Severability. If any term or provision of this contract is held to be illegal, invalid, unenforceable, or inoperative as a matter of law, then the remaining terms and provisions shall not be affected thereby, but shall be valid and in full force and effect. 19. No Waiver of Breach. A waiver of any breach of the provisions of this Agreement is not a waiver of any succeeding breach. 20. If either party wrongfully breaches any duty imposed by this Agreement, the Agreement. 21. Jury Trial Waived; Declaration of Venue. The Company and Renter expressly waive trial by jury in any action brought by either party against the other on any claim arising from this Agreement. The parties further agree that any suit, action or proceeding arising out of this Agreement must be brought in a state or federal court located in Sacramento, California. 22. No Presumption Against Drafting Party. This Agreement is to be construed without giving force to any presumption or rule requiring construction or interpretation against the drafting party. 23. Modifications. No extensions, changes, modifications, or amendment to this contract shall have any force or effect unless shown in writing executed by the parties. 24. Counterparts and Electronic Copies. The parties acknowledge and agree that an original signature or an electronic copy thereof transmitted by facsimile or by PDF shall constitute an original signature for purposes of this contract. This Agreement may be executed in any number of counterparts, each of which will be considered an original. Any person may rely on a paper or electronic copy of this Agreement that a party certifies to be a true copy as if it were an original. Boat Safety and Acknowledgments. In consideration of our company agreeing to rent a vessel to me, I hereby agree to the following: 1. I Will be familiar with and will comply with all California and United States Coast Guard safety/navigational rules and regulations for boating on the waterways on which I intend to use the rented vessel. 2. I Agree and will comply with all of our company requirements, rules, and instructions governing the use of your vessels. 3. I have received and reviewed a copy of our company requirements, rules and instructions governing the use of ours vessels as reflected in my signature below.  4. I FULLY REALIZE THE POTENTIAL HAZARD IN OPERATING AND RENTING VESSELS. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of our company, its officers, club members, employees, agents, or servants, about or upon the premises of our company and/or while using the vessel rented to me by our company. 5. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANTS NOT TO SUE our company, its officers, club members, employees, agents, or servants, of and from all claims (first or third party) which may hereafter develop or accrue to me on account of, or by reason of, any injury, loss or damage, which may be suffered by me or to any property, because of any matter, thing or condition, negligence or default whatsoever, and I hereby assume and accept the full risk and danger of any hurt, injury or damage which may occur through or by reason of any matter, thing or condition, negligence or default, of any person or persons whatsoever. 6. IT IS THE INTENTION OF THIS RELEASE AND WAIVER FORM TO EXEMPT AND RELIEVE MARKEL FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY OUR COMPANY's NEGLIGENCE, AND TO BE AS BROAD AND INCLUSIVE A RELEASE OF LIABILITY AS IS PERMITTED UNDER THE LAWS OF CALIFORNIA. I acknowledge that I have been fully and completely advised of the potential dangers involved in the activity of boating. To satisfy our company that 1 have been advised and am fully aware of the legal consequences of signing the within instrument I have provided a hand-written or digitally signed signature below. Continue to read safe operating instructions below before signing.  General boating safety: 1. The vessel must be operated at speeds that are safe for the location and conditions. No weaving through vessels that are underway, stopped, moored, or at anchor and avoid swimming areas.  2. Scan the area constantly, operate defensively, and avoid aggressive maneuvers. When traveling up the harbor stay to the right side of the harbor and when coming down stay to the left.  3. Allow larger boats to pass and pass on the outside of kayaks, paddle boards, and slower operation vehicles.  4. Keep a safe distance away from people, objects, and other vessels. As speed increases, greater distance is needed. Individuals are never to enter the water and children under 14 must wear a lifejacket. 5. Before starting the motor, always do a headcount to make sure all passengers are onboard and visually inspect the area. While the vessel is in motion, passengers must remain seated and away from the front (bow), sides (gunwales), rear (stern/transom), and swim platform. The engine shut off cord (lanyard) must be attached to the operator's wrist or PFD at all times. 6. Proper procedures to start and stop the engine.  - First before start make sure the toggle for speed (right side of the wheel, tall T shaped handle) is in the neutral position.  - Next start the boat by turning the key to the right and remove the dock lines, not the bumper buoys, before changing the neutral position of the toggle.  - The boat does turn from the steering wheel but large motions are not required to get the boat to change direction.  - When traveling out the channel all boats are to keep to the standard of motorized vehicle traffic and travel in the right side of the channel (boat parked to the right) and when coming down keep to the left channel (boats will appear docked on the left).   - Turn the key to the left to shut off the engine once returned to the dock and the boat has been properly secured to the dock. Only then may passengers exit, do not jump to the dock.  9. No refueling is required due to all electric engines. Do not attempt to add fuel to the boat. 10. To signal danger or need for assistance, sound five short blasts of the horn or whistle. Contact us for assistance.   11. Most vessels do not have brakes; stopping the engine will not stop the vessel. Stopping quickly will likely be difficult (or impossible) if the vessel is traveling too fast. There is a reverse feature that can slow down the vessel.  12. No anchoring of the vessel is allowed or placing the boat in a non-approved location.  13. Navigation rules: - When crossing the path of another vessel, always yield to the vessel on your right (starboard). - It is the responsibility of the participant/operator to slow down, steer away, or stop to avoid any and all possible collisions. - If meeting another vessel head on, the operator should steer to the right. - When overtaking another vessel, it should be done to the left (port side). - If renting a powerboat, they must give way/yield to all sailboats. 14. No tubing, skiing, wakeboarding, swimming, snorkeling or knee boarding are allowed on vessels.  I HAVE READ THIS AGREEMENT AND RELEASE OF LIABILITY. I FULLY UNDERSTAND ITS CONTENTS AND MEANING, AND SIGN IT OF MY OWN FREE WILL.