2021 Bentley Elite 22ft Tri-toon | 200HP Mercury Outboard | Ski/Wakeboard Ready

Conditions and Charges, Release and Assumption of Risk In consideration of the services of our company, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (Hereinafter collectively referred to as “company”), I hereby agree to release, identify, and discharge FMBR, on behalf of myself, my partners, my spouse, my children, my heirs, assigns, personal representatives, and estate as follows: 1. This certifies that I (We), the lessee (s) am/are experienced and capable in all aspects of the handling and operation of the vessel such as the one rented above. Lessee agrees that said vessel will not be occupied by a greater number of persons that is shown in this rental agreement. 2. I agree that only persons identified as driver (s) may operate this vessel. 3. Lessee acknowledges and understands that the vessel is to be left in the same condition as was at time of pick up notwithstanding ordinary wear and tear. If the vessel is not returned in suitable condition, lessee acknowledges and understands that FMBR reserves the right to charge lessee for any damages, repairs, replacement, or special cleaning. Lessee is responsible for all damage or loss due to negligence or acts of nature. INITIALS________ DATE____________ Created 2/8/21 4. I agree to pay for the loss of rentals of the vessel or other equipment covered by this agreement if damaged by myself or other driver (s), at the rate of $200 per day from the date of damage until repaired and replaced back into rental service, not to exceed 15 days. This is in addition to the damage deductible. I agree to the following rules of operation: a) At time of pick-up FMBR will provide you with an orientation detailing the safe and proper use of the vessel and its features. b) Lessee will provide an adequate tow vehicle for transport of the vessel. c) Lessee agrees to not operate the vessel in a reckless or dangerous manner. d) Lessee agrees to never operate the vessel while under the influence of drugs or alcohol. e) Lessee agrees to never operate vessel between sunset and sunrise. f) Lessee agrees to obey all boating rules and regulations as per local navigation laws. Additional safety information can be found at rental boat safety site. g) Lessee agrees to operate the vessel at their skill level. Don’t push your limit. Be careful! h) Lessee agrees to never participate in any race or other contest involving the vessel. i) Lessee agrees to never tow any vessels. j) Lessee needs to be aware of other vessels, shallow water, obstacles in water and weather conditions at all times. k) Lessee agrees to never leave the vessel or equipment unattended. l) Lessee agrees to secure the vessel trailer at all times. m) There are NO refunds for early returns. n) There are NO refunds for inclement weather. o) We prefer no pets on the vessel. If we approves the Lessee’s pet, there will be an additional $100 non-refundable fee. Any damage caused by a pet will be deducted from security deposit. p) No smoking on the vessel. Any smoking damage will be deducted from security deposit. LEASE AND LIABILITY 1. Lessee understands and acknowledges that the activity to be engaged in through lease of vessel brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death, damage or injury to the lessee it’s guests, it’s invitees, or third parties. Lessee understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Those risks include, but are not limited to slipping, falling, crashing, colliding, and drowning. 2. Lessee agrees to release, forever discharge and hold harmless lessor for any injuries, damages or claims that result from Lessee’s negligence; including any injuries, claims, mental injury, economic loss or damages asserted by Lessee’s guests, invitees, or third parties. 3. Lessee agrees to supervise both the rented equipment and its use, and that the rented equipment is always in the possession of Lessee. Lessee agrees to follow the directions and safety rules as posted on the rented equipment or as otherwise provided to the lessee by lessor. 4. Lessee acknowledges and represents that have adequate homeowners’ insurance, or other liability insurance to cover any bodily injury or property which might occur to itself, its guests, or its invitees from the use of the vessel being leased or else lessee agrees to bare the costs of defense and liability of any such injury or damage themselves. 5. Lessee agrees not to loan, sublet or otherwise dispose of the vessel and/or leased equipment. 6. In the event that Lessee files a cause of action against the Lessor, Lessee agrees to do so solely in the State of Utah. 7. Lessee acknowledges that enough time and opportunity was given to read this entire contract, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms. 8. We are not responsible for recovery costs due to Lessees’ negligence. 9. If the Lessee should be ticketed by law enforcement while driving the vessel or should the vessel be impounded, the Lessee agrees to pay any fines incurred. 10. Vessel will be full of fuel at the time of pick-up. Lessee will return the vessel full of fuel. We requires Lessee only use 91 octane or higher fuel. If the vessel is not returned full of fuel Lessee will be charged for fuel at a rate of $6.00 per gallon. Disputes and Attorney’s Fees Should Lessee be charged for damage or loss as stated in rental agreement and charges are disputed with Lessee’s financial institution it will result in FMBR’s filing judgment. At this time Lessee will be responsible for all legal fees incurred. Our failure to enforce any of our rights under this agreement shall not be deemed a waiver or a continuing waiver of any rights or remedies against another party unless such waiver is in writing and signed by the party to be charged. I agree to be responsible for ALL damage to the equipment, including damage caused by operation of the vessel, weather, acts of god or terrain conditions, excluding normal wear and tear. I am responsible for the cost of repairs or the actual cash value of the vessel and equipment on the date of the loss. If the vessel or equipment is not repairable or FMBR elects not to repair it, whether I am at fault I am responsible. I am responsible for theft of the equipment, loss of use, diminished value of the equipment caused by damage along with cost of repairs and a reasonable charge to cover our company’s administrative expenses connected with any damage claim, whether I am at fault. I must report accidents, incidents of theft or vandalism to FMBR and the police immediately. I acknowledge, understand and agree that by signing this rental agreement that I authorize FMBR to charge the credit card provided for security deposit, rental charges, equipment charges and any damage sustained as per rental agreement.