Rental Agreement

WATER SPORT RENTAL AGREEMENT

 

This Rental Agreement (hereinafter the “Lease”) is entered into by and between Island Lake Endeavors, LLC (hereinafter “Lessor”) and ____________________________________ (hereinafter “Renter”) for the rental _____________________________________________ as set forth below:

 

1. Risks of Recreational Activity and Indemnification.

Renter hereby understands and acknowledges there are inherent RISKS, DANGERS, AND HAZARDS IN WATER SPORT RECREATIONAL ACTIVITIES.These risks include, but are not limited to serious bodily injury, death and/or property damage.

 

Renter agrees to operate and/or use the rental equipment at their own risk.  Renter further agrees that parking on the property, walking to and from the water and dock, and all other activities associated with renting the equipment is at their own risk. 

 

Renter voluntarily assumes all such risks of bodily injury, illness, death, property damage or loss with full knowledge and appreciation of the risks that may result arising out of or related to said rental, to themselves or third parties, and agrees to indemnify and hold harmless Lessor from any and all past, present, or future claims, demands, obligations, actions, causes of action, wrongful death claims, rights, damages, costs to include actual attorney fees, losses, expenses, and compensation of any nature whatsoever, whether foreseen or unforeseen, and whether based on a tort, contract, or other theory of recovery which may accrue or otherwise be acquired on account of or related to the rental, operation or use of equipment provided by Lessor. 

 

Renter agrees and acknowledges that it has read this general release of liability, understands it, has had sufficient time to discuss and ask questions, and enters into the release freely and voluntarily without any inducements, assurances or guarantees beyond what is set forth in this Lease.

 

1. Rental Term.

Rental of the equipment begins at [08:00am] on _________(date) and ends at [8:00pm] on __________(date).  The equipment must be back to the dock at the end time or late charges of $20.00/hour shall accrue. 

 

1. Rental Fee, Fuel and Damage Deposit.

Renter shall make full payment for the rental of the equipment before being allowed to use the equipment.

 

Renter shall be responsible for the cost of fuel used.The rented equipment is provided with a full fuel tank and must either be returned with a full fuel tank or Renter shall be charged the current lake market value price to refill the tank.

 

Renter shall provide a credit card that shall be held as security against any damage, late return or nonreturn of the rented equipment, and fuel charges.If equipment is not returned on time or is damaged, Renter authorizes Lessor to charge the credit card to cover the damages.

 

IV.       Renter’s Obligations. 

Renter shall be responsible for:

 

1. Keeping the rented equipment safe, in a safe place, and not leaving the rented equipment unattended.

 

1. Only allowing drivers to operate the rented equipment that are at least 21 years of age and with sufficient knowledge and experience related to water sports and water safety. 

 

1. No one shall operate the rented equipment while under the influence of alcohol or illegal drugs.

 

1. The rented equipment shall not be operated in a negligent, careless, or needlessly aggressive manner.

 

1. The operator of the rented equipment shall abide by all relevant laws, ordinances and regulations.

 

1. Renter shall be responsible for payment of the costs of repairing any damage done to the rented equipment while the equipment is in their possession regardless of whether the damage was done by Renter or a third person.  If the equipment cannot be repaired, Renter shall be responsible for payment of the cost to replace the item. 

 

1. Renter shall not make any repairs to or authorize any repairs to the rented equipment.  If there is any problem with the equipment, Renter should immediately contact Lessor at _______________(phone number) or return to the dock if possible to do so safely.

 

1. Renter shall not use a grill on board, shall not smoke onboard or do anything else that may be a fire hazard.

 

1. Renter shall not allow more persons on board than the stated capacity. 

 

1. Life jackets are stored onboard but it is the responsibility of Renter to make sure all passengers have a life jacket that fits appropriately.  Children under 13 years of age must always wear a life jacket while onboard.

 

1. Renter shall not assign or subcontract the rented equipment to anyone else.

 

1. Renter shall remove all garbage from the rented equipment and return it in good and clean condition, less reasonable wear and tear.  If the rented equipment is excessively dirty or garbage needs to be removed, Renter agrees a $150 cleaning fee shall be charged to the credit card on file.  

 

1. Renter has provided true and correct information to Lessor.

 

1. If Renter is in default under this Lease, Renter shall be responsible for all costs of Lessor in enforcing this Lease, to include actual attorney fees and court costs.

 

V.        Cancelations.

Cancelation Policy: Full refund will be provided for cancelation made no later than three days prior to rental date. Fifty percent refund will be provided for cancelations made less than three days prior to rental date. No refund will be provided for cancelations made the day of rental reservation.

 

Weather clause for daily rental only--if cancelation the day of rental is due to inclement weather, such as white caps, lightning, heavy rainfall, a full refund or the option to reschedule will be provided. The Renter must notify the Lessor by 08:00am for cancelations due to inclement weather. Note, this weather clause does not cover multiple day or weekly rentals. It is up to the discretion of the Lessor to determine if weather conditions meet the criteria for a refund. The Lessor also reserves the right to cancel a rental due to inclement weather conditions no later than 08:00am the day of reservation.

 

VI.       Refunds.

No refund shall be issued once the Rental Term has begun even if the Renter is late or turns the equipment in early.

 

If equipment failure occurs during the hours of the Rental Term, a prorated refund shall be given for the time lost, unless equipment failure is due to negligent use.

 

VII.     Inspection.

Renter had the opportunity to inspect the rented equipment before leaving the dock and reported any damage to Lessor. 

 

VIII.   Modification of Agreement.

This Lease contains the entire agreement and understanding of the parties and supersedes any prior agreements.  Any modification to this Lease is only valid if it is in writing signed by both parties. 

 

IX.       Binding Agreement. 

This Lease shall be binding upon and inure to the benefit of the parties and their heirs, personal representatives, successors and assigns. 

 

X.        Construction of Language. 

This Lease will not be construed against any party who had the document drafted.  All parties acknowledge that they had adequate opportunity to review the document.

 

X.          Governing Law.

This Lease is governed by the laws of the State of Wisconsin.

 

 

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the dates set forth below.

 

 

 

            Dated:            ________________                                                                           

                                                                        _______________________________

                                                                                    Island Lake Endeavors, LLC

 

 

 

            Dated:            ________________                                                                           

                                                                        _______________________________

                                                                                                    Renter