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THE LEASE IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS: I (WE), the LESSEE(s) futher agree: 1. DEPOSITS: One day rentals require payment in full at the time of reservation. Multi-Day Rentals require a deposit of 50% of the rental amount. 2. CANCELLATION POLICY: DAILY RENTALS must be Cancelled within 48 hours or will become non-refundable and will be available as a credit towards a future rental within 1 year of the original reservation. MULTI-DAY RENTALS require 2-weeks notice of cancellation or the deposit will be non-refundable and will be available as a credit for a future rental within 1 year from the original reservation. A CANCELLATION FEE of 3% of the refunded amount or a minimum of $25 will be charged for refunds. - LESSEE agrees not to use, nor permit the use: - - of the rental craft for any unlawful purpose; - of the rental craft in a careless or negligent manner; - of the rental craft while under the influence of alcohol and/or narcotics; - of the rental craft by any other person not the signatory of this agreement. - LESEE LIABILITY: LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY LESSEE that 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 harmless the LESSOR from, and against any and all 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 the LESSOR harmless should loss or damages occur to any of the LESSEE’s personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever. 5. INDEMNITY OF LESSOR: LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this Agreement by LESSOR, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in Monroe County, Florida. This Agreement shall be governed by the laws of the state of FLORIDA. 6. In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft, the LESSEE will immediately report same to LESSOR. Continued use of the craft shall be entirely at the LESSEE’s risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use. 7. LESSOR’s ability to provide a rental craft, as reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR’s control. If at any point before or during the duration of the contract the LESSOR must replace the contracted craft, the terms and conditions of this contract apply to the replacement craft. Should the replacement craft be valued higher than the contracted craft, the rate will not change. Should the replacement craft be valued lower than the contracted craft, a refund will be issued for the difference in price. In the event the customer wishes to keep the replacement craft rather than the reserved craft, they will have to pay for the upgrade from the time the original craft is repaired and suitable for rental. 8. CANCELLATION FOR BAD WEATHER: LESSOR reserves the right to cancel this Agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used. If NOAA (National Oceanic and Atmospheric Association) declares a "Small Craft Advisory", the craft shall not be operated until the advisory is lifted. 9. The rules and regulations outlined herein, or on the craft and/or the grounds by the LESSOR are for the safety and welfare of all who use the rental craft and Marina facilities. The LESSEE certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest’s will obey the rules. 10. SEVERABILITY: Should any term or condition of this Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect. 11. AUTHORIZATION TO CHARGE CREDIT CARD: LESSEE hereby authorizes ELITE BOAT RENTALS to charge their credit card if any damage should occur to the rented craft or any rental equipment throughout the duration of the LESSEE’S rental period or for failing to return said rental craft in as good condition as when received, (ordinary wear and tear excluded) ; for reimbursement of articles damaged, missing or broken equipment; or to be applied to the rental charges upon return of the craft by LESSEE. The foregoing shall not limit LESSOR’s ability to seek its further damages at law or equity. If the damage waiver is not taken, Lessee will be responsible for all damages to the craft without limit. 13. LESEE RESPONSIBILITY FOR ALARMS: If any alarm should start sounding on the craft, the LESSEE must immediately report it to the LESSOR and turn motors off. If not reported, LESEE assumes all responsibility for any damages to the craft caused by continuing to operate craft. 14. GROUNDING OF THE CRAFT: If the craft becomes grounded at any time the LESSEE must immediately turn motors off and report it to the LESSOR. If not reported, LESSEE assumes all responsibility for any damages to the craft caused by continuing to operate craft. 15. LOST RENVENUE: If craft is damaged due to operator error and LESSOR is unable to fulfill future rental commitments due to damage and repair time, LESSEE is responsible for reimbursing Elite Boat Rentals for the lost revenue. 16. LATE FEE: If craft is not returned by the time established in the terms of this contract, a late fee will apply of $85 for less than one hour late. An additional $50 per 15 minutes will be applied after the first hour. 17. CLEANING FEE: LESEE agrees to keep the craft reasonably clean during their rental period. Chum remains, fish blood, guts, bait, etc. will damage and stain the fiberglass and upholstery of a craft if not cleaned promptly. Washdown equipment is provided to keep the craft clean. Failure to keep the craft clean may result in a cleaning fee of $200 plus any damages caused. If the craft is returned in a condition that requires such a fee, the craft may not be able to be rented the next day. LESSEE will be responsible for any lost rental fees occured by returng the craft in an unnacceptable condition. 18. SUNTAN LOTION: LESSOR agrees not to use Spray suntan lotion on the craft. This product can cause permanent damage to the craft's upholstery. 19. OVERNIGHT DOCKAGE: If the craft is being kept overnight with the LESSEE, the LESSEE will be responsible for properly securing the craft and accepts any liability for the craft during the entire time it is in their posession. If keeping the craft overnight, LESSEE is required to provide address where boat will be secured. Lessee aggrees to follow the written tie up diagram and instructions provided (Exhibit 2) Additional ropes will be provided for overnight rentals. KEEPI NG OVERNI GHT: OVERNIGHT ADDRESS: YES NO 20. FISHING LINE IN THE PROPS: If fishing line becomes wrapped/tangeled with the propeller, a $50 fee will be assessed to pull the propeller and determine the extent of the damage if the LESSEE advises LESSOR on the day of the occurrence. If LESSEE fails to advise LESSOR, the fee will be $100 if discovered after return of the craft. Should water be mixed with the lower unit oil (indicating damage to the propeller shaft seal), an additional $350 charge will be assessed to remove the lower unit and make the necessary repairs. 21. OPERABLE AREA: Craft is not permitted north of Ocean Reef, south of Seven Mile Bridge or beyond 25 miles offshore. LESSEE’s storing craft overnight at their rental location must have towing insurance from TowBoat US if located more than 10 miles from IslaMarina. LESSEE is responsible for using TowBoat Insurance to safely return boat to IslaMarina for any complication. 22. EVERGLADES NATIONAL PARK: Craft is not permitted for use in the Everglades National Park without prior written permission, the proper license, and an additional $2,500 deposit to hold against potential damage. The Optional Damage Waiver is not available and does not apply to damage incurred in the Everglades National Park. LESSEE is responsible for knowing the boundarys of the park. (Generally, east if the Intercoastal waterway) 23. OPERATION OF WINDLASS: LESSOR acknowedges that the Windlass is not designed to pull an anchor loose from the bottom. It should first be pulled free by the craft and then the Windlass used only to lift the weight of the anchor. Attempting to pull the anchor free with the windlass will result in damage to the Windlass and renter is responsible for the cost to repair or replace the Windlass. 24. OPERABLE HOURS: LESSEE agrees not to operate the craft before/after dark unless it is an emergency and have attempted to contact the rental staff. - LESSEE is not permitted to pull anything or any person behind the craft. - LESSEE agrees that no passengers will be allowed to swim or snorkel from the vessel unless moored or anchored with the engines turned off and key(s) out of the ignition. In the event of an emergency adrift swimmer caught in strong current, LESSEE agrees to retrieve a swimmer by approaching to a safe swimming distance, turning the engines off, and acknowledging to the swimmer that it is safe to approach the boat. THE TERMS AND CONDITIONS OF THIS AGREEMENT AND EXHIBITS, CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LEESEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THE AGREEMENT, EXCEPT THAT LESSEE EXPRESSELY REPRESENTS AND WARRANTS TO HAVE READ AND UNDERSTOOD ALL RATE INFORMATION PROVIDED. In consideration of the agreement herein, LESSOR does lease to the undersigned (hereafter referred to as the LESSEE) the craft and equipment described herein. LESSEE agrees said craft will not be occupied by a greater number of persons than is shown in this agreement. In the event the craft is not returned at time specified herein, said LESSEE agrees to pay for OVERTIME AT THE RATE POSTED IN THE OFFICE, WHICH LESSEE REPRESENTS TO HAVE READ AND UNDERSTOOD. BEFORE DEPARTURE, THE LESSEE CERTIFIES THAT HE/SHE MUST EXAMINE THE CRAFT AND EQUIPMENT AND AGREE IT IS ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT 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. LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX (6) ON PAGE ONE OF THIS AGREEMENT This is to certify that I (We), the LESSEE(s) am/are experienced and capable in all aspects of the handling and operation of a craft such as the one rented above. I (WE) HAVE READ ALL 4 PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH HEREIN; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. TRACKING NOTICE LESSEE acknowledges that our rental boats are equipped with tracking devices. The tracking device provides us a map of exactly where the boat has traveled and at what speed and will indicate areas that are too shallow which would result in contact of the propeller, lower unit or hull with the bottom. ACTIONS IN THE EVENT OF CONTACT WITH THE BOTTOM LESSEE shall immediately stop the engine and call the Elite Boat Rentals staff phone. Only after staff has instructed LESSEE to raise the motor(s), inspect the prop(s) and lower unit(s) for damage, check the tell tail for continuous water flow, and listen for damage in the lower unit(s) may LESSEE be allowed to resume operation of the boat. In the event staff do not answer the phone, LESSEE must request Tow Boat assistance from the provider of their choice at their own expense. Failure to report a bottom strike and continue operation of the vessel without notifying the rental staff will result in LESSEE being 100% responsible for all damages. In the event that tracking shows potential contact, LESSOR has the right to retrieve the boat and check the engine(s), lower unit(s) and propeller(s) for damage. If damage is present, LESSOR has the right to retain the boat while repairs are made and no refund will be given for unused portion of the rental period and LESSEE will be charged for all damages. If exterior damage correlating to a track indicating grounding is not present, LESSOR, at the discretion of Elite Boat Rentals Staff, will retain a $500 charge to check the interior components of the lower unit and upper cooling system at the discretion of Elite Boat Rentals Staff. If LESSEE continues to operate the boat after grounding without following the aforementioned protocols, LESSOR has the right to immediately terminate the reservation and retrieve the boat with NO REFUND. Note that the majority of damage in the event of a strike may not be visible. In fact, contact with soft sand or mud may result in no damage to the prop or lower unit, but, Sand or mud that is sucked in the water intakes can plug the cooling system and or damage the impeller and lead to overheating and catastrophic damage to the engine. This is why the boat must be turned off and the rental staff contacted. It is our goal to prevent further damage and limit your liability for the damage. Disabling or Tampering with the tracking device will result in immediate termination of the rental with no refund due for unused rental time and LESSEE will be responsible for all damage.