PONTOON Rental FORM

Pontoon Boat RENTAL AND WAIVER AGREEMENT


NORTHAIRE RESORT, Lessor, hereby leases to (name)___________________________________________, Lessee of

(address)_____________________________________________________________,

Phone_______________________________, a ___________________________________ Pontoon Boat located at NORTHAIRE RESORT @ Clam Lake, under the following terms and conditions:

1.) RENTAL: The Lessee accepts such Watercraft, furnishings or equipment for: FULL DAY (8am – 7pm) or if HALF DAY (morning 9am-1:30 or afternoon is 2pm-7pm) as listed on your conformation.

2.) DEPOSIT: In  addition, the Lessee has deposited with the Lessor  a non refundable rental deposit to hold a rental product, date and time, and as surety that he or she will rent said Watercraft, and its equipment and furnishings from Lessor at the place where agreed by Lessee (and promptly return at the end of the lease period) in same condition as when taken. In the event the Lessee shall comply with the terms of this agreement, and will authorize a $500 damage deposit  that shall be refunded to Lessee unless in the event of damage to or loss of said craft, its furnishings and equipment, or nonpayment of rental, Propeller damage , or for gas used, or if Lessor is put to expenses of returning said Watercraft to the location from which taken, said deposit shall be applied toward the cost of compensating Lessor for such damage, loss or expense. Nothing herein contained shall absolve Lessee from for all negligent or willful acts causing loss to Lessor. Lessee shall also forfeit deposit if any portion of the rental contract is violated here under.

3.) RETURN OF WATERCRAFT: The Lessee agrees to return said Watercraft, furnishings and equipment to the Lessor at the location from which taken at and promptly return at the end of the lease period. If not, Lessee will pay Lessor a continuing rental charge and a Lessee understands if the watercraft is not returned at the time specified on the reservation Lessee will be charged at the rate of $100  and a additional fee of $25 per 10 minutes after the first 30 minutes past scheduled return time. Fees may be removed from from security depositor charged to your card. Late pick up of boat does not change the return time., or you agree to pay double the normal rental rate or any part of, plus all expenses of Lessor in locating and/or recovering said Watercraft or property. Lessee agrees to notify Lessor if return at the end of this lease is unfeasible or impossible. Lessee is responsible for returning the watercraft full of fuel or as same amount as taken. Please contact us make every effort to stay in contact with us if something beside your desire to stay on the water longer comes up.

4.) WATERCRAFT RENTAL WAIVER AGREEMENT: The UNDERSIGNED for and in consideration of the privilege of operating a boat or Watercraft of Northaire Resort Lessee hereby assume all risks of such operation for and on behalf of the undersigned, and each person or guest taken aboard; and specifically agrees to indemnify Northaire Resort its successors or assigns for any and all injury, loss or damage to the said Watercraft, or to any person or guest aboard or to any third person or their property not on board. Term Watercraft refers to hull –superstructure, engine, controls and items located therein. In accepting and agreeing to operate the said Watercraft according to the rules and regulations of Northaire Resort, which said rules and regulations are considered to be a part of this said waiver as though copied herein verbatim, the undersigned does hereby waive and relinquish any and all claims for damage, injury or loss, of any kind, character or description, against the said Northaire Resort, its successors, or assigns, its officers, agents or employees, arising out of injury, damage or loss, either to the person or property of the undersigned, or the person or property of any guest or other person aboard, or to any third person or their property not on board. It is specifically agreed and understood that the Watercraft and its gear and equipment when received for use in accordance with the rules and regulations of Northaire Resort are in seaworthy condition, mechanically and otherwise; and the undersigned agrees to return the said Watercraft, and all gear and equipment, in the same condition, ordinary wear and tear excepted, to the dock from which it was rented.  
      The undersigned further agrees to pay in advance for the use of said Watercraft and equipment in accordance with the current published schedule of rates from Northaire Resort, at our office, or through Peek a online booking partner, Northaire Resort is liable for only gross carelessness and gross negligence; and not for ordinary carelessness, or ordinary negligence, or lack or ordinary prudence, skill or diligence of it’s employees, agents and assigns in relation solely to this agreement. If during the term of the rental agreement a mechanical failure occurs on the vessel, lessee agrees to immediately notify lessor of the same and shall not make any attempts to repair the mechanical failure nor hire a third party to repair said mechanical failure. Lessee assumes all risk and liability for any injuries or damages that occur to persons or property in the event lessee attempts to repair or cure a mechanical failure that occurs during the term of the rental agreement.

 I UNDERSTAND THAT ALL PERSONS ON BOARD MUST HAVE A LIFE SAVING DEVICE AND I ACKNOWLEDGE RECEIVING THAT All PERSONS HAVE LIFE SAVING DEVICES. I FURTHER UNDERSTAND THAT I MUST RETAIN A COPY OF THIS RENTAL AGREEMENT AND WAIVER WHILE OPERATING THE WATERCRAFT. {or a email copy, electronically  signed online} We supply Adult Life Jackets.
    

5.) LESSOR RIGHTS AND REPOSSESSION: For the purpose of enforcing Lessor’s ownership of said Watercraft and protect Lessor’s rights under this contract. Lessee agrees that Lessor may retake possession of said Watercraft at any time for such purpose to enter upon the premises of Lessee. Lessee hereby waives any right of actions against Lessor by reason of such retaking or entry 

6.) LESSEE’S INSPECTION OF WATERCRAFT: Lessee acknowledges that he has inspected said Watercraft and has examined its condition, equipment and the furnishings and Lessee agrees to be responsible for the safe return of all such items.

7.) LESSOR NOT LIABLE FOR LESSEE’S PROPERTY: It is expressly agreed that the Lessor shall not be liable for loss of or damage to any property left, stored, loaded or transported by Lessee in or upon the Watercraft, and Lessee expressly waives any and all claims for such loss or damage against Lessor and agrees to hold Lessor harmless from such claims.

8.) COMPLIANCE WITH LAW: Lessee agrees to comply with any and all federal, state, county, or municipal laws, rules and regulations covering the use and operation of Watercraft. Lessee also agrees that the Watercraft will not be operated after sunset or before sunrise and that any violation of this requirement is a breach of the rental agreement and entitles the lessor to immediate possession of the rented vessel and the security deposit shall be forfeited thereon.
1. Lessee confirms that they are at least 24 years of age and possess a valid driver's license. Lessee understands the operation of the watercraft is inherently dangerous, (ii) poses open and obvious dangers and (iii) the improper operation or use of watercraft, such as failure to observe and obey all safety rules, could result in serious injury or death to his/her self, passengers and/or third parties.
2. Lessee agrees not to carry more passengers or to otherwise exceed the maximum weight capacity authorized by the Michigan Department of Natural Resources/Antrim County Sheriff Department registration plate attached to the watercraft.
3. Lessee agrees NO pets are allowed on the boat without the express permission of Northaire Resort. which may be withheld by it for any reason. When permission granted will result in a $50 fee per animal.
4. By signing the equipment checkout sheet, Lessee confirms that he/she has examined the watercraft and all accessory equipment and find them to be in good condition, acceptable and otherwise suitable for its intended purposes.
5. Lessee will operate the watercraft in accordance with all safety rules, checklists, "rules of the road" and regulations established by law, as posted on the watercraft, and/or on the waterways. Lessee certifies that he/she understands those rules and regulations. Every person on the boat Must remain seated inside the boat when the motor is running, Do Not seat on the front or rear unless the boat is OFF. Michigan State Law! 
6. Children 6 years old and under are required by Michigan State law to wear a type I or II life vest at all times while on the boat.
7. Lessee agrees to report any accident or breakdown of the water craft to Northaire Resort immediately. He/she understands that use of the watercraft is entirely at his/her own risk, and accepts all liabilities for injury and/or damage to persons and property that may occur in connection with its use.
8. Lessee will pay for all repairs or reconditioning charges up to and including the full value of the watercraft due to damage or loss of the watercraft or its equipment, and he/she agrees to forfeit his/her security deposit, which shall be first applied against payment of such charges. In the event that damage to the watercraft renders it unsafe to operate, Lessee further agrees to reimburse Northaire Resort for lost rental revenue during the period repairs are being made. If any such damage or loss is discovered after his/her security deposit is returned to Lessee, Lessee agrees to promptly pay for such damage or loss upon demand. In the event that his/her security deposit was placed through use of a credit card, he/she also hereby authorize the amount of such damage or loss to be charged against his/her credit card in such amounts as are necessary and appropriate to fully compensate . without further notice to Lessee. Lessee further agrees to pay interest on any unpaid balance due at the rate of eighteen (18%) percent per month on any unpaid balances.
9. Lessee understands that the security deposit is in addition to any rental charges for watercraft. Payment of the full rental fee is required before leaving dock.
10. Lessee agrees not to use, or permit use:
a. Of the watercraft for any unlawful purpose whatsoever.
b. Of any substance on the watercraft identified as a "controlled substance" under State & Federal laws.
c. Of the watercraft while under the influence of alcohol and/or a controlled substance.
d. Of the watercraft after sundown.
e. Of any type of cooking appliance or grill on the watercraft.
f.  Of any type of firework.
11. Lessee agrees to pay Northaire Resort of any cost incurred to retrieve the watercraft if he/she should abandon the watercraft during the term of the rental. or a service run for a fault of the renter such as wont start ? wasn't in Neutral?. or run out of fuel. ect.  Starting at $100 per incident. 
12. Lessee understands NO refunds will be made due to weather, early returns or for unused gasoline.
13. Lessee understands that cancellations of reservations must be done at 24 hours in advance. to receive a one year credit of your deposit no refunds.
14. Lessee understands if the watercraft is not returned at the time specified on the reservation Lessee will be charged at the rate of $100 and an additional fee of $25 per 10 minutes after the first 30 minutes past scheduled return time. Fees may be removed from from security deposit. Late pick up of boat does not change the return time.
15. Lessee understands that the minimum towing fee is $150 when towing is due to operator error.
16. Lessee understands that Northaire Resort may terminate the rental with no refund if any of the provisions of this agreement are violated.
17. Should any term or condition of agreement be held unenforceable, or be waived by Northaire Resort, the remainder of the provisions shall remain in force.
18. Lessee also agrees to:
a. Only allow persons 24 or older who have signed the rental agreement to release, indemnify and hold harmless and who have been specifically approved by Northaire Resort to operate watercraft.
b. Lessee will always check throttle/safety switch and the surrounding area behind the boat before operating.
c. All parts damaged will be replaced by new ones and all repairs must be done by Northaire Resort, Inc. or its designee.
d. No jumping or diving off the watercraft at any time.
e. Absolutely no smoking allowed on the watercraft.
f.  Only Recreational unleaded gas and oil can be used as instructed.
g. Lessee is aware of the safety and maintenance equipment in the watercraft.
19. Stay away from other boaters and fishing boats do not cross in front or back no closer that 100 yards.
20. No towing of any other water craft
21.  Remove all trash from boat or a $25 service fee will be charged.


I agree to this contract [[First Name]] [[Last Name]]

RELEASE, WAIVER, AND INDEMNITY AGREEMENT

I. CONSIDERATION

For and in consideration of being permitted to rent, use, operate and/or ride watercraft and equipment provided by Northaire Resort a Division on Dale Snook's One On One Inc. (“Rental Company”), the undersigned does hereby warrant and agree that there is good and valid consideration for the promises and covenants made herein, and that the terms of this Release, Waiver and Indemnity Agreement constitute a legally binding contract.

Renters Name :[[First Name]] [[Last Name]]

II. REPRESENTATIONS AND WARRANTIES

The undersigned does hereby represent, warrant and agree: (1) that I am aware that there are risks inherent in the use, operation or riding of the watercraft and equipment being provided by Rental Company, and that I am voluntarily participating in all activities related to the watercraft and equipment with full knowledge thereof, and solely and exclusively assumes all risk of injury, illness, damage, loss, paralysis or death that may result; (2) that I am in good health and have no physical/mental limitations that would affect my understanding of this agreement or the safe operation or use of the watercraft or equipment; (3) that Rental Company has explained their rules and regulations relating to the watercraft and equipment, that I understand those rules and regulations, and I agree to follow and abide by them at all times; (4) that I understand and agree that it is impermissible for anyone other than signatory to this Release, Waiver and Indemnity Agreement to operate, use or ride the watercraft or equipment, and I will not let anyone use, occupy or ride the watercraft or equipment who has not signed same; (5) that I am signing this agreement in both my individual and representative capacities in the event that I permit a minor for who I am legally responsible to use, operate or ride the watercraft and equipment, and (6) that I have had an adequate opportunity to read and understand this agreement, that I fully understand its terms, that I am under no duress or other legal disability, and that I sign my name hereto with intent to be bound. Additionally, I represent, warrant and agree that no minors shall be permitted to use, operate or ride the watercraft or equipment unless and until a parent, guardian or other legal representative has signed this agreement on their behalf. All parents, guardians or other legal representatives shall be presumed to have executed this Release, Waiver and Indemnity Agreement in their individual capacities and representative capacities for any minor that they permit to use, operate or ride the watercraft and equipment. I [[First Name]] [[Last Name]] agree.

III. RELEASE AND WAIVER

The undersigned, individually and on behalf of any minor that I am legally responsible for who I permits to use, operate or ride on the watercraft or equipment, do hereby release Rental Company(Northaire Resort), and each and every one of its owners, employees, agents, representatives, servants, assigns, successors, and insurers (collectively “lessees”), from any and all claims, demands, causes of actions, and other forms of action, however characterized, relating in any way to the use, operation or riding of the watercraft or equipment, and waive any and all rights to proceed in any way against lessees for personal injury, bodily damage, property damage, theft or other loss. The undersigned understands and agrees that lessees shall not be responsible to the undersigned, or to any minor for which the undersigned is legally responsible, for any injuries, damages, loss or theft, even though same may be caused in whole or in part by the negligence or fault of Rental Company. This release and waiver does not apply to any gross negligence or intentional torts by Rental Company. I [[First Name]] [[Last Name]] agree.

IV. INDEMNITY

The undersigned does hereby agree to defend, hold harmless and indemnify lessees from and against: (1) any and all claims arising our of or relating in any way the undersigned’s use, operation or riding of the watercraft or equipment, no matter who may make said claim; (2) any and all claims arising out of or relating in any way from the undersigned’s breach of any of the representations or warranties made herein, or from the undersigned’s breach of any of the provisions of this Release, Waiver and Indemnity Agreement; (3) any and all claims advanced or maintained by any third party relating in way to the undersigned’s use, operation or riding of the watercraft and equipment, and (4) any and all claims by or on behalf of any minor who uses, operates or rides the watercraft and equipment with the undersigned’s knowledge or consent. I [[First Name]] [[Last Name]] agree.

V. ACKNOWLEDGEMENT

The undersigned does hereby acknowledge: (1) that this Release, Waiver and Indemnity Agreement constitutes a legally binding contract; (2) that if one or more of the provisions of this agreement are ruled invalid or are struck down in any way, the remaining provisions shall remain in full force and effect; (3) that I have read the provisions of this agreement and fully understand them; and (4) and that my signature below constitutes my full acknowledgement, consent and agreement to the terms of this Release, Waiver and Indemnity Agreement. I [[First Name]] [[Last Name]] agree.

I agree to sign the liability agreement: I agree to hold harmless, defend, and indemnify Northaire Resort A Division of One On One Inc., for any injury I/we may suffer or cause to any person or property. I agree to limit the liability (if any) of Northaire Resort, to the value of the rental. I agree that what I have signed can be used against me in court and other formats or informal proceedings. And I agree to arbitrate any and all possible claims.

***I HAVE READ ENTIRE AGREEMENT BEFORE E SIGNING BELOW ***

 DATE [[Date]]

Pontoon Boat Rental Torch Lake