20' Chapparral Bowrider on Lake Tahoe

BOAT RENTAL AGREEMENT   Date:                         Renter Information   Name:                                        Phone:                                        E-mail:                                           Driver’s License State & No.:                                                 Credit Card No.                                                                                                   Exp:                           CV Code:                            Billing Zip:                                      For good and valuable consideration, the sufficiency of which is acknowledged by the undersigned parties, (“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.   Boat Identification:                                                 Rental Date:                                                                          Start Time:                              End Time:                         1.            Inspection of Equipment. 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. 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, Renter must notify the Boat Owner before use of the boat begins and on the first day of rental.   - Damage to Equipment. Renter acknowledges and understands that boat is to be left in clean, undamaged condition, in the same condition at commencement of the rental period. If rental Equipment is not left in suitable condition, Renter acknowledges and understands that Boat Owner reserves the right to charge Renter for any repairs or special cleaning. Additionally, Renter understands and agrees that 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. Page 4 contains a breakdown of the loss and damage fees.    - 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.- Smoking; - Operating the boat while intoxicated; - Operate the boat with more than six (6) people on board; - Allowing pets; - Allowing more people on the boat than what the boat is rated for.   - Renter Warranties and Representations. Renter represents and warrants the following:- That he/she/they acknowledges all laws governing operation of the boat and that he/she/they will comply with the laws and regulations at all times; - That he/she/they is adequately familiar with the operation of the boat; - That he/she/they will operate the boat in a safe manner at all times; and - The he/she/they understands the operation of the boat involves risks and that he/she/they assumes all liability associated with the operation of the boat.   - 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. A $200 deposit is required for each reservation.- If the reservation is canceled with 7 or more days notice, a full refund will be given. - If the reservation is canceled between 3 and 7 days notice, 1/2 of the refund will be given. - If the reservation is canceled with less than 3 days notice, no refund will be given.   - Late Policy. If boat is returned less than, or up to an hour late, a $299 late fee will be applied. If greater than an hour late, a half-day rental rate late fee will be applied.   - 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.     Dated:                             Renter’s Signature       Authorized Representative   Breakdown of Loss and Damage Fees     Missing or damaged:   PDF…….…………………………….………… $50 Tube……………………………………………. $200 Water Skis ..…………………………………… $200 Wake Board …………………………………… $500 Anchor ………………………………………… $200 Bimini Top.…………………………………… $500 Other items ……………………………………. $ Market Price     If the boat or outdrive is damaged we will charge your credit card on file $3,000.   Once repairs are complete, you will be refunded the difference between $3,000 and the repair cost. If repairs are greater than $3,000, you may be charged the difference between the repair total and $3,000.   Assumption of Risk, Release of Liability & Indemnification Agreement   PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS   1. Definitions. The person who is participating in all water sports, including, but not limited to, waterskiing, wakeboarding, inflatable towing, wake surfing, swimming, boating, shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean the company or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means taking part in water sports (i.e., waterskiing, wakeboarding, inflatable towing, wake surfing, swimming, boating), and using the water skis, wake board, inflatable tube, surfboard, boat, and/or swim facilities for any purpose. 2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realized the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: 1) Changing water flow, tides, currents, wave action, ships’ wakes; 2) Collisions with any of the following: other participants, the watercraft, other watercraft, manmade or natural objects; 3) Collision, capsizing, sinking or other hazards which results in wetness, injury, exposure to the elements, hypothermia, drowning and/or death; 4) Attack by or encounter with insects and marine life forms; 5) Equipment failure or operator error; 6) Sense of balance, physical coordination, ability to operate equipment, swim and/or follow direction; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature; 8) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration; 9) Negligence of others. The Undersigned acknowledge and understand that the description of the risks listed above is NOT completed and that participating in the Activity may be dangerous and may include other risks, and that such risks cannot be eliminated regardless of the care taken to avoid such risks. The Undersigned acknowledges that any risks, known or unknown, may result in injury, illness and/or death. 3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows: (a) Release. The Undersigned hereby irrevocably RELEASES, WAIVES AND FOREVER DISCHARGES any and all liability, causes of action, actions, claims, or demands that the Undersigned, spouse, assigns, heirs, next of kin, guardians, and legal representatives (the “Releasing Parties”) may have or may hereafter have, whether known or unknown, including, without limitations, for damage or losses on account of injury, permanent disability and death or damage to property (collectively, “Activity Claims”) against the Released Parties, arising out of or attributable to the Participant’s participation in the Activity, whether caused or alleged to be caused in whole or in part by the ordinary negligence or other acts of any of the Released Parties of otherwise. The Undersigned, for myself and on behalf of the Releasing Parties, covenant not to make or bring any such Activity Claim against any Released Party, and forever release and discharge the Released Parties from liability under such Activity Claims, The Undersigned agrees that Activity Claims include any claims or causes of action, whatsoever, including, but not limited to, for example, those in the nature of products liability (strict or otherwise), premises liability, breach of contract, breach of warranty or guaranty, misrepresentation (whether affirmative or by omission), negligence, or otherwise, to the fullest extent permitted by law. (b) Indemnification. The Undersigned hereby agree to indemnify, defend, and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, ore related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. (c) Assumption of Risk. The Undersigned agrees and understands that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTANDS THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSES TO PARTICIPATE IN THE ACTIVITY. THE UNDERSIGNED AGREES THAT ALL PARTICIPANTS ARE VOLUNTARILY CHOOSING TO PARTICIPATE IN THE ACTIVITY AND FULLY UNDERSTAND THE RISKS AND DANGERS ASSOCIATED WITH THE ACTVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, OR ANY TYPE OF NATURE WHATSOEVER ARISING FROM PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE PARTICIPANT’S ACTIONS, INACTIONS OR NEGLIGENCE, THE ACTION, INACTIONS OR NEGLIGENCE OF OTHERS (INCLUDING WITHOUT LIMITATION THE RELEASED PARTIES), INADEQUATE TRAINING, FAILURE TO SUPERVISE, FAILURE TO WARN OF POTENTIAL RISKS, CONDITIONS OF THE ACTIVITY LOCATION, ANY EQUIPMENT USED IN CONNECTION WITH THE ACTIVITY, OR ANY OTHER CAUSE. THE UNDERSIGNED UNDERSTANDS THAT THE RELEASED PARTIES DO NOT REQUIRE THE PARTICIPANT(S) TO PARTICIPATE IN THE ACTIVITY. 4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also singing on behalf of the minor and that the minor shall be bound by all terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understand that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If singing as the parent or legal guardian of a minor Participant, singing adults represent that they are a legal parent or legal guardian of the minor Participant. 5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the option of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation. Notwithstanding the foregoing, this section does not create any duty of care owed to Participant nor will any of the Released Parties and/or its designee(s) be obligated to the Participant for any medical attention or expenses. 6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statues, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of California, and the exclusive jurisdiction for any claim shall be Superior Court of Placer County, California or the federal court of the State of California; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, suborders, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned. 7. Alcohol. The Undersigned acknowledges and understand that alcohol may be consumed by the Undersigned and other participants in connection with the Activity. The Undersigned fully understands and appreciates the inherent risks associated with the consumption of alcohol. The Undersigned also fully understands and appreciates the inherent risks associated with the consumption of alcohol by the Undersigned and others in connection with any of the Activity and that such consumption increases the risks inherent in the Activity. If the Undersigned does consume alcohol during participation in the Activity, the Undersigned agrees that the Undersigned is at least 21 years of age and does so of his/her own choice and volition and agree to drink responsibly.  The Undersigned agrees to exercise ordinary and reasonable care at all times during his/her participation in the Activity and not to drink alcohol to the extent that his/her ability (physical, mental, or otherwise) to participate in the Activity is impaired. The Undersigned assumes the risks associated with the consumption of alcohol by the Undersigned and others and take full responsibility for his/her own actions, safety, and welfare. 8. Participation in Activity. The Undersigned represents and warrants that the Participant is physically, emotionally, and mentally able to participate in the Activity. The Undersigned hereby acknowledges that there is no medical reason why the Participant should not participate in the Activity. Participant will immediately remove themselves from participation in the Activity if at any time Participant feels that they have experienced any deterioration in physical, emotional, or mental fitness for continued participation in the Activity. The Undersigned understands and agrees that situations my arise during the Participant’s participation in the Activity that may be beyond the control of the Released Parties. The Undersigned accepts responsibility for the condition and adequacy of any equipment provided for Participant’s use, and Participant’s conduct in connection with the Participant’s participation in the Activity. WARNING! By entering into this agreement, I am not replying on any oral or written representations or statements made by any of the Released Parties, other than what is set forth in this agreement. I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS WAIVER. I AM AWARE THAT BY SIGNING THIS WAIVER I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY SPOUSE, ASSIGNS, HEIRS, EXT OF KIN, GUARDIANS, AND LEGAL REPRESETNTATIVES MAY HAVE AGSINT THE RELEASED PARTIES. DO NOT under any circumstances sign this waiver if you do not feel you can fully, competently, emotionally, and mentally adhere to each and every term and condition of this waiver.   I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASEING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.   ________________________  __________                  __________________________________ Renter/Lessee                         Date                                                    Printed Name