Ultimate Fishing and Leasure Kayak Day or Night Trip Rentals

WATERCRAFT RENTAL AGREEMENT & RELEASE OF LIABILITY/WAIVER For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, Jonathan Kaplan (“Boat Owner”) agrees to rent the Boat listed below to Renter (identified above) for the time specified and subject to all terms and conditions set forth below 1. Inspection of Equipment. The boat Owner certifies that the boat and motor are in good mechanical and physical condition. Any known damage or problems will be listed on this rental agreement. The renter will inspect the Boat prior to use and lease the same without any representations by the Boat Owner. If the Equipment has damage or problems not listed on this agreement, the Renter must notify the Boat Owner before the use of the boat begins and on the first day of rental. 2. Damage to Equipment. Renter acknowledges and understands that the boat is to be left in clean, undamaged condition, in the same condition at the commencement of the rental period. If rental Equipment is not left in suitable condition, Renter acknowledges and understands that the Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that the Boat Owner reserves the right to charge for any damages, repairs, replacement or special cleaning of any damaged or lost real or personal property. Renter acknowledges, understands, and agrees that by signing this Boat Rental Agreement/Contract, he/she authorizes Boat Owner to charge Renter for any damages sustained. Such charges will be charged to the credit card on file for the rental. 3. Prohibited Activities. The following activities are not permitted on the boat. Violation of this provision will result in the immediate termination of this contract and forfeiture of all monies paid by the Renter, including the full amount due for the rental regardless how much time is remaining on the rental. a. Operating the boat while intoxicated; b. Operate the boat with more people on board than the boat is rated for; c. Allowing pets weighing more than 50 lbs. d. Allowing more people on the boat than what the boat is rated for; or more than 4 passengers total 4. Renter Warranties and Representations. Renter represents and warrants the following: a. That he/she acknowledges all laws governing operation of the boat and that he/she will comply with the laws and regulations at all times; b. That he/she is adequately familiar with the operation of the boat; c. That he/she will operate the boat in a safe manner at all times; d. 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; and e. That he/she has viewed the power boat safety videos provided at rentalboatsafety.com. 5. Release and Waiver of Claims. Renter does hereby remise, release, and forever discharge Boat Owner, 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 Renter ever had, now has, or which Renter’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 Boat Owner. 6. Indemnification. Renter hereby expressly agrees to indemnify and hold harmless Boat Owner, Boat Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the Boat. 7. Cancellation Policy. If Renter cancels his / her reservation within 7 calendar days of the reservation, Renter shall forfeit the deposit. If the cancellation is due to inclement weather, then the deposit will be applied to an alternate date. If inclement weather causes the rental period to end prematurely, the rental rate shall be prorated based on the time used. 8. Life Jackets. Any person under the age of 13 must wear a life jacket at all times while on the boat. All persons must wear life jackets while swimming from the boat. 9. Entire Agreement. 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 into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.