Utah RentCo, LLC ~ Contact Number: Waverunner/Jetski(s) Rental Agreement Terms, Contracts & Liability Waiver

Transcription

1 Utah RentCo, LLC ~ Contact Number: Waverunner/Jetski(s) Rental Agreement Terms, Contracts & Liability Waiver 1. Definitions. "Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter or any person signing the Agreement, and authorized driver and any person or organization to whom charges are billed to by us at the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means Utah RentCo after referred to as URC. 2. Rental, Indemnity and Warranties. This is a contract for the rental of the Waverunner/Jetski(s) and use of a trailer for one full day or 24 hours. We may repossess either at your expense without notice to you, if either the Waverunner/Jetski(s) or trailer is abandoned or sued in violation of law or this Agreement. You agree to indemnity us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of this rental agreement and your use of the Waverunner/Jetski(s), including personal injury to you and/or your passengers. We make no warranties, express, implied or apparent, regarding the Waverunner/Jetski(s). 3. Conditions and Return of Waverunner/Jetski(s). You must return the Waverunner/Jetski(s) to the agreed upon location, on the date and time specified on the Agreement and in the same condition that you received it, except for ordinary wear. If the Waverunner/Jetski(s) is returned after the agreed upon date and time, you remain responsible for the loss of, and any damage to the Waverunner/Jetski(s) until we inspect it. Service to the Waverunner/Jetski(s) or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels. You agree that the fuel level will be equal upon return as to departure or a $5.00 per gallon fuel charge will incur and charged to your credit card. 4. Responsibility for Damage or Loss to the Waverunner/Jetski(s) and Trailer. You are responsible for all damage to the Waverunner/Jetski(s) and trailer, including damage caused by weather, acts of God or terrain conditions. You are responsible for the cost of repair or the actual cash retail value of the Waverunner/Jetski(s) on the date of the loss if the Waverunner/Jetski(s) is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Waverunner/Jetski(s), loss of use, diminished value of the Waverunner/Jetski(s) caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them. 5. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Waverunner/Jetski(s). Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy that is excess to any other available and collectible insurance whether primary, excess or contingent. The policy will provide liability coverage with limits no higher than the minimum financial amounts required by the state whose laws apply to the loss. You and we reject personal injury protection, medical payments, no-fault, uninsured and under-insured coverage, where permitted by law. 6. Charges. You will pay us on demand all charges due under this Agreement, including: (a) time for the period during that you keep the Waverunner/Jetski(s); (b) fuel, if you return the Waverunner/Jetski(s) with less fuel than when rented; (c) applicable taxes; (d) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Waverunner/Jetski(s) assessed against us or the Waverunner/Jetski(s); (e) all expenses we incur in

2 locating and recovering the Waverunner/Jetski(s) if you fail to return it or if we elect to repossess the Waverunner/Jetski(s) under the terms of this Agreement; (f) all costs, including pre and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (g) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (h) $50 or the maximum amount permitted by law, whether is greater, if you pay us with a check returned unpaid for any reason; (i) and a reasonable fee not to exceed $50 to clean each Waverunner/Jetski(s) if retuned substantially less clean than when rented. 7. Security Deposit. You will provide a $ security deposit for each Waverunner/Jetski(s) rented. 8. Deposit. Security deposits will be held on your credit card on the rental start date. We may use your security deposit and bill your credit card to pay any amounts owed to us under this Agreement. Your deposit will be returned to you via mail in the form of a check, less damage, late and cleaning fees, within 14 days of the return date. 9. Refunds. Deposits are non-refundable with the exception of cancellations made by URC or unavailability of equipment. Cancellations resulting from bad weather are non-refundable. All payments become non-refundable 14 days or less from your rental start date. 10. Waverunner/Jetski(s) Operation Instructions. You agree that you have received and read the operation instructions. The same operation instructions can be found located inside the Waverunner/Jetski(s) storage compartment. Page 1 of Limitations of Use. With respect to the operation of the Waverunner/Jetski(s) during the rental period, you agree, represent, and warrant the following: a. That under U.S. Federal Law, it is illegal to discharge anything into the water and that you are responsible for the penalties and fines for doing such. b. That no person other than driver/operator shall operate the Waverunner/Jetski(s) unless such person is listed as an additional authorized driver/operator on the rental agreement. c. That no dogs, cats or other pets shall be taken aboard the Waverunner/Jetski(s). d. That you shall not operate the Waverunner/Jetski(s) in a willful disregard for the safety of the persons or property in a manner that might endanger the life or limb of any person or any property. e. That you shall not fasten the Waverunner/Jetski(s) to any navigation marker or buoy, except in an emergency and shall not operate the Waverunner/Jetski(s) in any manner which shall unreasonably constitute a navigational hazard. f. That all passengers and operators will wear a personal floatation device while operating or riding on the Waverunner/Jetski(s) and obey all wake zone speed limits and other appropriate local laws. 12. Your Property. You release us, or agents and employees from all claims for loss of, or damage to your personal property or that of any other person, that we received or stored that was left or carried on the Waverunner/Jetski(s) or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 13. Breach of Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. 14. Modifications. No term of this Agreement can be waived or modified except by a writing that we have both signed and executed. If you wish to extend the rental period, you must return the

3 Waverunner/Jetski(s) to our rental office or URC representative for inspection and written amendment by us of the due-in date or make other agreed upon arrangements verbally with us. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. 15. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of this Agreement. Unless prohibited by law, you release us from any liability for consequential or punitive damages in connection with this rental of the Waverunner/Jetski(s). If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. a. I will not dry dock, pull onto beach or secure my rental to anything that will cause hull damage to the Waverunner/Jetski(s).. b. I am aware that the repair costs start at $400 per machine for any type of dry docking. c. I am aware that I cannot operate the Waverunner/Jetski(s) in less than 4 feet of water. This unauthorized operation will cause extensive impeller damage that will be paid for by renter. d. I am aware that if my rental requires premium fuel [91 minimum octane] and if I run it on regular [87 or less octane rating] I will be responsible for the cost of fuel injectors and extract of fuel. e. I authorize URC to withhold any charges from the return of my deposit. f. If charges exceed my damage deposit, I authorize URC to charge any and all damages, missing equipment, gas and late delivery fees immediately upon my return of rentals to my credit card. I also agree to the damage appraised by any URC representative and I waive the right to have damages appraised. 16. Collections. In the event payment under this agreement is not made at the time and in the manner required, the I agree to pay all costs of collection, including attorney fees, court costs, including charges and collection agency fee which would be 50% of the balance assigned, with or without suit. Waverunner/Jetski(s) and Trailer Rental Agreement and Damage Disclosure Rentals must be filled with unleaded fuel before returning equipment or you will be charged $125 for each Waverunner/Jetski(s) not fueled properly with the correct octane levels. I am completely financially responsible for any and all damages that occur to the during the time and date rented out until the Waverunner/Jetski(s) and trailer are returned and checked over completely by an authorized employee to URC in satisfactory condition. I understand that I am financially responsible for any and all damages to items that I am renting, using, or borrowing them from URC or any of its employees. I understand that if the impeller on the Waverunner/Jetski(s) is damaged I must pay for it to be replaced with brand new factory parts. I understand that any tampering with any part of the rented Waverunner/Jetski(s) or other equipment rented is completely prohibited. If any tampering is found to be done to rented equipment during rental period whether you did it or not you are completely responsible. I understand that I am completely liable for the theft of any and or all Waverunner/Jetski(s) and trailers, receiver hitches, tie downs, life jackets and or any parts stolen from the Waverunner/Jetski(s) and trailer including the Waverunner/Jetski(s) and trailers themselves or any other items rented from URC during the rental period. Rental period is defined as being from the time the renter signs this Agreement to the time the Waverunner/Jetski(s) and trailer are checked in by a URC representative. I agree to pay $70 per hour in labor charges and suggested retail on brand new factory replacement parts if any damage occurs during rental period. I agree to pay $120 per hour for towing and recovery services. We do not straighten or weld any damaged parts, or replace any damaged parts with used parts. If any

4 plastic or fiberglass part has any crack any size the part must be replaced with a brand new factory part. I authorize URC to use the credit card deposit towards any repairs necessary to restore the equipment back to the condition it was rented out to me. I understand that the damages to the Waverunner/Jetski(s) can be more than the deposit and agree to pay for the total repair cost of parts and labor. If one or more of the machines has damages exceeding the value of that machine I will be required to purchase that vehicle for high blue book value at the time the Waverunner/Jetski(s) or trailer is damaged. I also understand that I may be charged for any down time incurred with the loss of rental income while waiting for repair or parts to be ordered and installed. All damages must be paid for immediately by renter. I agree that all authorized drivers of the rented Waverunner/Jetski(s) be at least 18 years of age minimum. I agree that all drivers will wear appropriate gear and life vests at all times. I understand, accept and assume all responsibility for any person riding the listed Waverunner/Jetski(s). I hereby release URC of any financial liability or any other type of responsibility of liability for any injuries or accidents that occur during rental period. I agree to stay on marked water ways at all times and will not litter at any time. I understand that I am completely responsible for any tickets or citations received during the rental period. I agree that all drivers of the rented Waverunner/Jetski(s) and trailer will drive in a safe responsible manner and obey all rules. Recreational Activity Release of Liability, Wavier of Claims, Express Assumptions Of Risks and Indemnity Agreement Express Assumptions of Risk Associated with Recreational Activities: I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the recreational activity generally describe as operating and renting a Waverunner/Jetski(s) including the rental of equipment and transportation. Inherent hazards and risks included but are not limited to the following: 1. Risk of injury from the equipment is significant including the potential for permanent disability and death to renter. 2. Possible equipment failure and/or malfunction of my own or other's equipment. 3. This activity takes place outdoors and therefore includes risks associated with exposure to elements, heat, hypothermia, impact of the body on the water and encountering objects either natural or man-made causing pain, injury and/or death. 4. My own negligence and/or the negligence of others, including but not limited to operator error and decision making including misjudging distances, depths, weather, other individuals on the water, and route locations. 5. Accidents or illness occurring in remote places where there are no available medical facilities. 6. Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accidents. Note: I understand the description of these risks are not complete, and that unknown or unanticipated risks may result in injury, illness, pain or death. Signature of Participant Name of Participant Initial Release of Liability, Waiver of Claims and Indemnity Agreement In consideration for being permitted to participate in the activity and related activities, I hereby agree, acknowledge that:

5 I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein to as releases: URC. To release URC officers, directors, employees, representatives and agents from liability whatsoever and for any claims or causes or action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the release or otherwise. By executing this document and Agreement, I agree to hold the releases harmless and indemnify therein in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. This shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforced. I HAVE READ THIS RELEASE OF LIABLITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Signature of Participant Name of Participant Initial DECLARATION OF FITNESS TO OPERATE WAVERUNNER/JETSKI(S)(S) AND TRAILER I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during operation of rental Waverunner/Jetski(s): Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and sever joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs. I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness. Even if I have a health condition as stated above of which I may be unaware, by signing this form I still choose to participate in the activity with the rental and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained or any kind during the course of this rental, I will notify the URC representative immediately. LIST ADDITIONAL AUTHORIZED DRIVER/OPERATORS: I have the read all the above declarations, understand them, and I agree to be bound by them.

6 Signature of Participant Name of Participant Date DO NOT RIDE OR OPERATE WAVERUNNER/JETSKI(S) WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL $50 PER HOUR LATE FEE PER MACHINE APPLIES, NO EXCEPTIONS