- The LESSEE acknowledges he/she has carefully examined the
watercraft and finds it suitable for the purpose for which it is
rented, and that other accessory equipment is in suitable and
acceptable condition; that he/she will maintain both the
watercraft and equipment in a safe and dependable condition while
in his/her custody.
- Cash deposit (as provided the statement of charges) shall be
retained by the LESSOR as partial compensation for failing to
return said rental watercraft in as good condition, ordinary wear
and tear excluded, as when received; for reimbursement of articles
damaged, missing or broken; or to be applied to the rental charges
upon return of the watercraft by the LESSEE. Damage to the bottom
of the watercraft is not considered normal wear and tear and
damages to the bottom of the watercraft will be repaired at the
LESSEE’S expense. An anchor bag, line and float are provided
with the watercraft for securing the watercraft off the beach.
Retention of the cash deposit shall be in addition to, and not to
the exclusion of, any other remedies LESSOR may have at law.
- LESSEE agrees not to use, nor permit the use:
- of the rental watercraft for any unlawful purpose;
- of the rental watercraft in a careless, reckless, or negligent
manner;
- of the rental watercraft while under the influence of liquor
or narcotics; or,
- by any person who is not an AUTHORIZED OPERATOR under this
agreement.
- Reckless Operation of a watercraft shall include but not be
limited to:
- Weaving through congested traffic;
- Jumping the wake of another vessel unreasonable or
unnecessarily close to such other vessel or when visibility
around the other vessel is obstructed or restricted;
- Becoming airborne or completely leaving the water while
crossing the wake of another vessel or passing within 100 feet
of the vessel creating the wake;
- Operating at greater than slow/no wake speed within 100 feet
of an anchored or moored vessel, shoreline, dock, pier, swim
float, marked swim area, swimmers, water-skiers, wakeboarders,
persons engaged in angling or any manually powered vessel;
- Operating contrary to navigation rules include following too
closely to another vessel, including another personal
watercraft. "Following too closely" shall be construed
as proceeding in the same direction and operating at a speed in
excess of 10 mph within 100 feet to the rear or 60 feet to the
side of another vessel which is underway, unless said vessels
are operating in a narrow channel, in which case, personal
watercraft may operate at the speed and flow of the other vessel
traffic within the channel.
- LESSEE acknowledges his/her responsibility for the safe and
proper operation of the watercraft; and for the safety and welfare
of other boaters and persons. It is AGREED AND UNDERSTOOD BY
LESSEE that LESSOR shall not be held liable for damages,
inconvenience or time lost by accident, breakdown of malfunction
of the rental watercraft. LESSEE FURTHER AGREES to indemnify and
hold harmless the LESSOR from, and against any and all claims for
loss or damage to property or injury to persons (including death)
resulting through the use, operation or possession of said rental
watercraft. LESSEE further agrees to hold the LESSOR harmless
should loss or damages occur to any of the LESSEE’S personal
property while carried in, or on, the rental watercraft, including
loss or damage caused by fire, water theft or any other causes
whatsoever.
- LESSEE expressly agrees to indemnify and hold LESSOR harmless
of, from, and against all loss, costs, damages, attorney fees
and/or liability in connection with the enforcing of the foregoing
rental contract by LESSOR, including expenses incurred in
collection or attempting to collect delinquent rent and in the
event of suit by LESSOR to recover possession of said rental
property and/or to enforce any of the terms, conditions and/or
provisions hereof. It is understood and agreed that Venue of any
such action herein shall be in the county of the LESSOR.
- In the event of malfunction, breakdown, or if any defect is
discovered after the acceptance of the rental watercraft that
LESSEE will immediately report same to LESSOR. Continued use or
the rental watercraft shall be entirely at the LESSEE’S risk and
thus LESSEE assumes all liabilities of injury and damage to all
persons and property that may become involved by its continued
use.
- LESSOR’S ability to provide a rental watercraft, if reserved,
is contingent upon and subject to the return of the watercraft in
good condition by the previous lessee, or any other cause beyond
the LESSEE’S control.
- LESSOR reserves the right to cancel this agreement due to
inclement or impending bad weather. Rental fees will be prorated
based on the time used.
- Should any term or condition of this Rental Agreement be held
void or unenforceable, then that term shall be deemed severed from
this Agreement and the enforceabitly of the remainder shall not be
affected and will remain in full force and effect.
- LESSEE AGREES TO LIMIT THE OPERATION OF THE WATERCRAFT TO THE
COLORADO RIVER BELOW BOULDER DAM AND ABOVE PARKER DAM AND ONLY
BETWEEN SUNRISE AND SUNSET. LESSEE AGREES TO REPORT ANY ACCIDENT,
MALFUNCTION OR BREAKDOWN OF RENTAL WATERCRAFT TO LESSOR
IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SEVEN (7).
- THE TERMS AND CONDITIONS OF THIS CONTRACT CONTAIN THE ENTIRE
UNDERSTANDING BETWEEN LESSEE AND LESSOR AND NO OTHER
REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH
IS NOT INCLUDED IN THIS RENTAL AGREEMENT.
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