Baxstar Fishing Pontoon Rental Agreement

1) The person paying for the pontoon rental (referred to in this form as the Lessee/Renter) must complete this form. This person will be held liable for everything listed in the text of this rental agreement. The person completing and signing this agreement is financially responsible for damage to the pontoon and all equipment aboard or attached to the pontoon.

2) The driver(s) of the pontoon must be over 21 years of age.

3) If the driver of the pontoon is someone other than the person paying for the pontoon rental, their name(s), and phone number(s) must be listed below.

Lessee/Renter and Additional Driver Information

Name *

First Name Last Name

Drivers License Number *

Drivers License State *

Address *

Street Address

Street Address Line 2

City State / Province

Postal / Zip Code

Phone Number *

Area Code Phone Number

Email *

example@example.com

Are you 21 years of age or older? *

Yes No

*If you, the Lessee/Renter, are not 21 year of age or older you can not operate the pontoon. If you are under 21 years old, you must include the operator's information below--that operator must be 21 years of age or older.

Additional Driver (if applicable)

First Name Last Name

Additional Driver's Drivers License Number

Additional Driver's Drivers State

Additional Driver's Phone Number

Area Code Phone Number

Is the additional driver 21 years of age or older?

Yes No

PLEASE READ

DO NOT USE THIS EQUIPMENT UNLESS YOU HAVE READ AND UNDERSTAND ITS CONTENTS AND PERSONALLY ACCEPT THE RISKS INVOLVED IN THE USE OF SUCH EQUIPMENT. YOU HAVE REPRESENTED THAT YOU ARE FAMILIAR WITH THE WATERCRAFT AND KNOW HOW TO OPERATE THE WATERCRAFT AND THAT IT IS IN SATISFACTORY OPERATION CONDITION. IF THERE IS ANY DOUBT IN YOU MIND, DO NOT USE THIS EQUIPMENT. BE AWARE, INJURIES CAN OCCUR. RENTAL OF THE EQUIPMENT DESCRIBED ABOVE IMPLIES ACCEPTANCE OF RISK. READ THIS ENTIRE RENTAL AGREEMENT FOR ADDITIONAL TERMS AND CONDITIONS.

Definitions: For the purpose of this Agreement the following definitions shall apply unless otherwise clearly indicated.

Owner: Shall mean Baxstar Fishing LLC

Lessee: Shall mean the individual(s) named as Lessee/Renter on the front page of this Agreement. Lessee agrees not to permit any other person to use this Watercraft unless identified in this contract.

Watercraft: Shall mean the Sylvan Mirage Cruise 822 LZ pontoon boat.

The use of Watercraft is an inherently hazardous and risky activity with many dangers that can cause or contribute to injuries. Injuries can be a common and ordinary occurrence of this activity. Lessees of any Watercraft should understand and realize that by renting by and using said Watercraft, they are agreeing to freely accept and voluntarily assume all risk of personal injury or any kind of property damage resulting from inherent or any other risks. Rental and use for this Watercraft is likewise an agreement by the lessee not to hold the Owner liable for any personal injury or property damage that occurs in any way during the use of such equipment. Lessees accept full and absolute responsibility for any and all such damage or injury of any kind which may result from any cause.

If you do not agree to be bound by the terms and conditions of this Acknowledgement and Waiver is an acknowledgement of your agreement to the terms and conditions outlined in this Agreement. Variations in water or weather conditions, ice, rocks, vegetation growth, fencing, posts, docks, submerged obstructions, collisions other with users of personal watercraft, or boaters, as well as other hazards and dangers both natural and manmade can occur at any time. By signing this Agreement, Lessees acknowledge that such hazards and dangers exist, agree to safely operate the rented Watercraft so as to be able to avoid collision with any such danger or hazard or otherwise avoid having injured thereby, and expressly assume all risk of injury associated with such dangers or hazards.

Lessees further acknowledge that they are at least 21 years of age. Lessee further agrees to be responsible for all property damage to the rented Watercraft occurring from whatever cause during the entire rental period until such time as it is properly returned to the Owner. By signing this agreement, Lessee acknowledges that they are relying solely upon their own judgment and are not relying upon any representation of any kind made by the Owner or any of its administrators, officers, director, employees, staff or agents. ALL TERMS AND CONDITIONS ON PREVIOUS PAGE AND THIS PAGE APPLY. PLEASE READ BEFORE SIGNING AND INITIAL AS NECESSARY.

I {name} HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Signature

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TERMS & CONDITIONS

1. It is fully understood that Lessee or Lessees’ insurance is responsible for all personal injury, death, damage or other loss, including damage to the rented Watercraft, regardless of fault, including Owner’s loss of use. LESSEES INDEMNIFY AND HOLD OWNER HARMLESS FOR ALL LOSS, LIABILITY, DAMAGES AND EXPENSES, INCLUDING COSTS AND REASONABLE ATTORNEY’S FEES, AS THE RESULT OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE USE OF OPERATIONS OF THE WATERCRAFT. I HEREBY WARRANT, AND ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, ACKNOWLEDGEMENT AND WAIVER, AND THAT I HAVE VOLUNTARILY RENTED SAID WATERCRAFT KNOWING THAT I WILL BE PERSONALLY LIABLE PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. OWNER AGREES TO RENT THIS WATERCRAFT TO LESSEE SUBJECT TO THE PROVISIONS OF THIS AGREEMENT. a. AUTHORIZED DRIVERS: The Watercraft may be operated only by the lessee and other qualified operators named in this agreement. Lessees agree not to permit any other person to operate the Watercraft. Lessee and any other named operators must be 21 years of age or older. Lessees have represented that they have knowledge of and experience in usage of this type of Watercraft. b. USE OF WATERCRAFT: The Watercraft must be operated in accordance with State Federal and local laws including, but not limited to, all laws regarding the use of alcohol and drugs. It must not be operated in a negligent or reckless fashion or in any race, speed test or contest. The Watercraft may not be used to transport persons or property for hire, not to push or tow any other boat, watercraft, equipment or materials. c. NO PETS ALLOWED Pets are NOT allowed on rental boats, with the exception of certified service dogs. Proof of certification is required. d. NO GRILLING OR COOKING ON BOAT. All grilling and or cooking must be done on land away from the boat. e. RETURN OF WATERCRAFT: Lessee agrees to return the Watercraft in its present condition – normal wear and tear expected, to the Owner on or before the due date and time shown on the front of this Agreement or sooner, if demanded by the owner. Owner may peacefully repossess the Watercraft, without demand, whenever found if the Watercraft is used in violation of law or this Agreement is apparently abandoned, or was obtained as the result of any misstatement or fraud. Owner shall not in any way be liable to Lessee for damage resulting from such repossession nor shall it be responsible for the loss or damage to any property of Lessee in the Watercraft. Lessees must sign the damage report along with an employee of Owner upon return of the Watercraft. For all single day rentals: All rental boats must be returned to the same place it was check out (unless stated otherwise by owner at time of checkout) no later than 6 pm, the same day the rental boat was checked out. f. AMOUNTS DUE TO OWNER: Lessee agrees to pay Owner and Owner may charge against Lessees’ credit card the following: g. Refueling charge, the watercraft will be “topped off” upon return to the dock; II. Applicable taxes III. All fines, penalties, forfeitures, court costs and out-of-pocket expenses incurred by Owner with respect to Lessees’ use of the Watercraft, including violations assessed against Owner, the Watercraft or Lessees; IV. Owner’s cost and expenses, including reasonable attorney’s fees incurred in collecting the charges due in repossessing the Watercraft; V. Full value of any loss or damage to the Watercraft, regardless of fault, including Owner’s loss of use. VI. EXCESS CLEANING CHARGES up to $125.00 type initials here* (<--all initials are required) VII. TOWING CHARGE A towing charge will be imposed on any watercraft that has to be towed due to lessee error in operation of boat up to $150.00 IMPORTANT: IF DAMAGE TO RENTED WATERCRAFT IS COVERED BY THE LESSEES’ INSURANCE, PAYMENT BY THE INSURANCE COMPANY WITHIN TIME LIMITS PRESCRIBED BY LAW IS ACCEPTABLE; PROVIDED LESSEES PAY ANY APPLICABLE DEDUCTIBLE. LESSEES AGREE THAT ALL DAMAGES, FUEL, AND LATE CHARGES MAY BE APPLIED TO THEIR CREDIT CARD ACCOUNTinitial here* (<--) h. NO AGENCY: The Watercraft is the property of the Owner. This Agreement is a contract for the use of the Watercraft only. Neither Lessees nor any operator of the Watercraft is or may be deemed the agent, servant or employee of the Owner for any reason or any purpose. i. REPAIRS: Lessee will not permit any repairs to be made to the Watercraft or any liens to be placed upon the Watercraft without the Owner’s prior written consent. Lessees are liable for the cost of any unauthorized repairs. j. NO ASSIGNMENT: Lessees cannot and will not transfer or assign this Agreement must be in writing and signed by the Owner or the Administrator. k. LATE ARRIVAL AND FORFEITURE OF RENTAL: Lesses are expected to arrive on time or earlier for their rental start time. Lessees arriving later than rental start time risk forfeiture of rental, without a refund. Lesses arriving late must be in communication with Owner, prior to their rental start time. Lessees that are 30 minutes late or more are subject to an automatic cancellation of their rental, at the owners discretion. initial here (<--) Lessees arriving 30 minutes late or more are subject to forfeiture of rental, without refund. Lessees subject to forfeiture of rental are responsible for the entire cost of a full day rental. The Owner reserves the right to charge Lessee's payment method on file when a rental is cancelled due to late arrival and forfeiture of rental. initial here (<--). i. LATE CHECK IN FEES: Owner reserves the right to impose late check in fees of $50.00 for every 20 minutes late, in leiu of forfeiture and cancellation of a rental. initial here* (<--) DAMAGE REPORT: HAS BEEN SIGNED BY LESSEE AT CHECKOUT TIME. PFD NOTICE AND WARNING A 2005 state law mandates that all persons 13 years of age and under wear a personal floatation device (PDF) at all times when occupying any boat. Failure to comply could result in a criminal misdemeanor charge, fine and/or imprisonment as well as the possible death by drowning of said person. I have read, understand and fully acknowledge that I will comply with the laws regarding personal floatation devices. I absolve Baxstar Fishing of any liability as the result of negligence on behalf of the Lessee regarding the use of PFD’s for children 13 years of age and under. initial here (<--)

Lessee Signature

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