Power Boat Rental Contract
Execguide Incorporated
DBA Underdog Sportfishing
Lot 35 Wooden Wheel Cove
Port Protection, AK 99950
Please check the corresponding box to acknowledge each of the following statements:
Security Deposit: Prior to arrival a security deposit of $500 will be required. The deposit can be a force on a credit card or be held in cash. The security deposit will be returned after the rental boat is checked for damage and the rental bill paid in full.
Cancellation Policy: Reservations cancelled within 30 days of scheduled rental will forfeit deposit unless the boat can be re-rented.
Reservation Deposit: Reservations require a deposit of $100 per day. We will not be able to reserve a boat for your scheduled dates without this deposit. Self-guided package renters are subject to the package deposit and not to the separate boat rental deposit.
LESSEE TO READ ALL OF THIS AGREEMENT AND MARK CHECKBOXES TO ACKNOWLEDGE EACH CLAUSE BEFORE SIGNING THIS DOCUMENT
In consideration of the agreement herein, Underdog Sport Fishing, an Execguide Inc. company (herein referred to as the LESSOR) agrees to lease to the undersigned (herein after referred to as the LESSEE) the boat and equipment described herein. Lessee agrees to return rental boat and equipment in as good condition, excluding ordinary wear and tear, as when received, and that Lessee is responsible for reimbursement for articles damaged, missing or broken.
Lessee certifies that he/she has examined the boat and equipment and finds it acceptable and suitable for the purpose for which it is leased. That he/she will operate the boat in accordance with all safety rules posted on the boat, and further certifies that he/she has read and understands said rules and regulations.
________ Initial here after examining boat and equipment.
Lessee agrees to report any accident, malfunction or breakdown of rental boat to Lessor immediately in accordance with the malfunction/ breakdown clause which follows.
In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the rental boat, the Lessee will immediately report it to the Lessor by hailing Underdog Sport Fishing on VHF channel 16. Continued use of it shall be entirely at the Lessee’s risk and thus the Lessee assumes all liability of injury and damage to all persons and property that may become involved by its continued use.
This certifies that I (We), the Lessee(s) am/are experienced in all aspects of the handling and operation of the boat such as the one rented. Lessee agrees said boat will not be occupied by a greater number of persons than four (4). I, the Lessee(s) am/are aware of the no wake zones and am/are responsible for any damage caused by my wake. I the Lessee(s) will not remove the rental boat or any equipment provided to any area in excess of 5 nautical miles from the coastline of Prince of Wales Island and I (We) have familiarized myself/ourselves with a chart of the area. WATER SKIING, TOWING, AND/OR NIGHT OPERATION OF RENTAL BOAT AND EQUIPMENT IS COMPLETELY FORBIDDEN, NO EXCEPTION, LESSEE IS LIABLE.
I authorize and allow Underdog Sport Fishing, An Execguide Inc. company to charge my credit card for any damages to or loss of boat and equipment at replacement costs. Boat rental price does not include refueling or fuel tax. Fuel must be purchased at Wooden Wheel Cove Trading Post in Port Protection and the tank(s) full when the boat is turned in.
The Lessee acknowledges he/she has carefully examined the boat and finds it suitable for the purpose for which it is leased, and that accessory and safety equipment is in suitable and acceptable condition. Lessee agrees that he/she will maintain both boat and equipment in a safe and dependable condition while he/she has custody.
A major credit card authorization (Visa, Mastercard, Discover, American Express) or cash in the amount of $500 shall be retained by the Lessor as partial compensation for failing to return rental boat in as good condition, excluding ordinary wear and tear, as when received, for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of boat by Lessee.
Lessee agrees not to use, nor permit the use:
a. of the rental boat for any unlawful purpose;
b. of the rental boat in a careless or negligent manner;
c. of the rental boat while under the influence of liquor, narcotics, or any other drugs;
d. by any other person not the signatory of the agreement, not at least 25 years of age;
e. of the rental boat after dark; f. of the rental boat for waterskiing or towing
Lessee acknowledges his/her responsibility for the safe and proper operation of the boat; and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY LESSEE that the Lessor shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown, or malfunction of the rental boat. Lessee further agrees to indemnify and hold harmless the Lessor and its agents, affiliates, and personnel from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting from the use, operation, or possession of rental boat. Lessee further agrees to hold the Lessor harmless should loss or damages occur to any Lessee’s personal property while carried in, or on the rental boat, including loss or damage by fire, water, theft, or any other causes whatsoever.
Lessee expressly agrees to indemnify and hold Lessor and its agents, affiliates, and personnel, harmless of, from and against any and all loss, cost, damages, attorney fee and/or liability in connection with the enforcing of the foregoing rental contract by Lessor, including expense occurred in connection with attempting to collect delinquent boat rental or damages and in the event of suit by Lessor, to recover possession of said rental property and/or to enforce any terms, conditions, and/or provisions hereof. It is understood and agreed that venue and any action hereunder shall be in the jurisdiction (county or judicial district) where the rental occurs.
Lessor’s ability to provide a rental boat if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond Lessor’s control.
Lessor reserves the right to cancel or delay this rental agreement due to inclement or impending inclement weather.
The rules and regulations contained herein and as posted on the rental boat are for the safety and welfare of all whose use the facilities. The Lessee certifies that he/she has read and understands said rules and regulations and further assumes the responsibility that his/her guest (s) will obey the rules.
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 enforceability and the remainder shall not be affected and will remain in full force and effect.
THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS CONTRACT CONTAINS 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.
I (WE) HAVE READ ALL PAGES OF THE AGREEMENT AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH ON BOTH SIDES; THAT I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.