For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, Luxury Lakefront Charters (“Boat Owner”) agrees to rent the Boat listed below to Renter (identified Below) 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 leases the same without any representations by Boat Owner. If 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 day of rental.
2. Damage to Equipment. The 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 is authorizing Boat Owner to charge Renter for any damages sustained. Such charges will be charged to the credit card on file for the rental. If this rental was done direct, and no credit card was used, you agree to an invoice being sent for damages which is to be paid within 10 days or we will pursue legal actions to recover the cost.
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 of how much time is remaining on the rental. A. Smoking: B. Operating the boat with more than 12 passengers or more than the boat is rated for; C. Allowing pets D. Wearing shoes on board
4. Renter Warranties and Representations. The renter represents and warrants the following: a. That he/she acknowledges all laws governing the operation of the boat and that he/she will always comply with the laws and regulations, b. That he/she hires a captain that 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. 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 Power Boat Safety Training | 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 2 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: Please note that all deposits are non-refundable. If you need to cancel your booking, we can credit your deposit toward a future booking date. However, no refunds will be issued. Additionally, the full payment for your booking must be made no later than 5 days prior to the scheduled launch date. In the event of a cancellation due to inclement weather, we will apply your deposit to an alternative booking date. Should inclement weather shorten your rental period, the fee will be prorated based on the actual time used.
8. Life Jackets. Any person under the age of 13 must always wear a life jacket at ALL TIMES. 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.
10. Captain/Crew. You have the choice of choosing a captain/crew of your liking. However, we require a Coast Guard-certified person with more than 2 years of experience. By signing this agreement, you acknowledge we have provided a list to make that process easier, but you do not have to choose from said list. If you choose someone not on our list, we will need proof of their credentials, their experience, and accident history if any. As a reminder when the rental starts until you dock you are financially responsible for the vessel, please take this choice seriously. Additionally, you are required to pay the captain/ crew directly on your agreed-upon terms.