Renter Information
Contract
RENTER IS REQUIRED TO READ ALL PAGES OF THIS CONTRACT AND INITIAL EACH CLAUSE BEFORE
SIGNING THIS DOCUMENT.
In consideration of the Contract herein, RENTAL COMPANY agrees to rent to the undersigned Customer (hereinafter “RENTER”) the craft and equipment described herein. In the event the craft is not returned at the specified “Return Time”, said RENTER agrees to pay for OVERTIME at a rate of $50.00 per each half-hour for each 30 minutes until the craft and all equipment is returned.
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THE RENTER CERTIFIES THAT HE/SHE HAS EXAMINED THE RENTAL CRAFT AND EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE RENTAL CRAFT IN ACCORDANCE WITH ALL SAFETY RULES, REGULATIONS, AND LAWS, AS POSTED IN THIS OFFICE OR ON THE RENTAL CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES, REGULATIONS, AND LAWS.
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RENTER AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY.
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This certifies that I (We), the Renter(s) am/are and capable in all aspects of the handling and operation of the rental craft as listed above. LESSEE agrees said rental craft will not be occupied by a greater number of persons that is shown in this rental Contract. I, the Lessee(s), am/are aware of the NO WAKE areas and law, and am/are responsible, at my sole cost and expense, for any damage caused by my wake.
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I authorize and allow RENTAL COMPANY to charge my credit card for any damages and or loss of equipment (life jackets, bumpers, ropes, anchor, etc.) Boat rental price does not include tax.
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The RENTER acknowledges he/she has carefully examined the rental craft and finds it suitable for the purpose for which it is leased, and that or other accessory equipment is in suitable and acceptable condition: that he/she will maintain both rental craft and equipment (listed above) in a safe, dependable condition while in their custody.
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A major credit card authorization (VISA, MasterCard, or AMEX) or CASH deposit in the amount of five hundred dollars ($500.00) shall be collected and retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken, or to be applied in addition to the base rental charges upon return of craft by RENTER.
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RENTER agrees not to use, nor permit the use of the rental craft in connection with:
1. any unlawful purpose (including but not limited to possession or consumption of illegal substances of any kind whatsoever);
2. in a reckless, careless, or negligent manner;
3. while under the influence of liquor, narcotics, or any other illicit drugs;
4. towing of equipment (tubes, skis, boards);
5. by any other person not the signatory of this Contract.
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RENTER agrees to keep boat within BOUNDRY LIMITS, MARKER #55 NORTH in Harvey Cedars and MARKER #80 SOUTH in Brant Beach.
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RENTER acknowledges his/her responsibility for the safe and proper operation of the craft, and for the safety and welfare of other boaters, persons, and passengers. It is AGREED AND UNDERSTOOD BY RENTER that the RENTAL COMPANY shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. RENTER FURTHER AGREES to indemnify and hold harmless the RENTAL COMPANY 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 through the use, operation, or possession of said rental craft. RENTER further agrees to hold the RENTAL COMPANY harmless should loss or damage occur to any RENTER’S personal property while carried in, or on, the rental craft including loss of damage by fire, water, theft or any other causes whatsoever, and RENTER assumes full responsibility for same.
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RENTER expressly agrees to indemnify and hold RENTAL COMPANY and its agents, servants, employees, affiliates and personnel harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the forgoing rental contract by RENTER. In the event RENTAL COMPANY is required to institute any legal proceeding to enforce any provision of this Contract, RENTER shall be liable for all damages incurred by RENTAL COMPANY, including all reasonable attorney fees, costs, expenses incurred in connection with collection of delinquent rent or compensation for damages suffered by RENTAL COMPANY, and in the event of suit by RENTAL COMPANY, to recover possession of said rental property and/or to enforce any term, condition and/or provisions hereof.
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In the event of any malfunction, breakdown, or if any defect is discovered after acceptance of the rental craft, the RENTER will immediately report it to RENTAL COMPANY. Continued use of the rental shall entirely be at the RENTER’S risk and thus RENTER assumes all liability of injury and damage to all person(s) and property that may become involved by its continued use.
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RENTAL COMPANY’S ability to provide a rental craft is expressly contingent upon and subject to the return of the craft by the previous customer(s), mechanical breakdown, safety issues, weather, acts of God, force majeure, acts of governmental authorities or any other causes beyond RENTAL COMPANY’S immediate control.
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RENTAL COMPANY reserves the right to cancel this Rental Contract without prior notice due to inclement or impending bad weather. The decision to cancel any rental shall be at the sole and exclusive discretion of RENTAL COMPANY. In the event of cancellation due to inclement weather, RENTAL COMPANY shall not be liable for any damages, expense, or other loss claimed by RENTER. In the event the rental is cancelled by RENTAL COMPANY during the rental period, rental fees will be prorated based on time used. In the event that the RENTER elects to return early for any reason, including but not limited to weather, illness, or any other reason(s) there will be no refunds for any unused portion of any rental.
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RENTER certifies that he/she will not permit any person(s) to stand and/or sit on the front and/or back of the rental craft while the engine is running or while in motion/operation.
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RENTER certifies that he/she will close all front/back/side access openings/exits and will not permit person(s) to stand on the front/back/side access openings/exits while the engine is running or the rental craft is in motion/operation.
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RENTER certifies that he/she will not permit any person(s) to stand on any seats and that all person(s) will be seated when the engine is running, or the rental craft is in motion/operation.
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This Contract shall be governed by the laws of the State of New Jersey. Should any term or condition of this rental Contract be held void or unenforceable, then that term shall be deemed severed from this Contract, then that term shall be deemed severed from this Contract and the enforceability and the remainder shall not be affected and will remain in full force and effect.
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The rules, regulations, and laws contained herein and as posted in the RENTAL COMPANY office, on the craft, and/or on the grounds used by the RENTAL COMPANY are for the safety and welfare of all who use the facilities. The RENTER certifies that he/she has read and understands said rules, regulations, and laws and further assumes the responsibility that his/her family and or guest(s) will obey the rules, regulations, and laws.
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This Contract is and shall be binding upon all parties who sign it and upon all those persons who succeed to their rights and responsibilities, such as their heirs, assigns, and their Executor/Executrix, now and forever.
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AGREEMENT TO SUBMIT DISPUTES TO ARBITRATION AND WAIVER OF RIGHT TO TRIAL BY JUDGE OR JURY. It is understood and agreed by the parties that any dispute arising in connection with the Contract, including collections of unpaid fees, claims for personal injury and any property damage claims shall be resolved by submission to binding Arbitration pursuant to the rules of the American Arbitration Association. Arbitration is a proceeding wherein a single person (the “Arbitrator”) decides the case, rather than a Judge or a Jury. The means by which either party can challenge the findings of an Arbitrator are very limited and there is no right to appeal. By signing this agreement, YOU ARE GIVING UP AND WAIVING THE RIGHT TO SEEK RELIEF IN ANY COURT FOR ANY CLAIMS RELATING TO THE BREACH OF THIS AGREEMENT OR FOR COMPENSATION FOR DAMAGES RESULTING FROM THIS CONTRACT OR THE USE AND OPERATION OF THE SPECIFIED VESSEL.
This Agreement will be governed by, and construed in accordance with, the internal laws of the State of New Jersey, without giving effect to the principles of conflicts of law that would require the application of the laws of any other jurisdiction. Any legal action, suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall only be instituted, heard and adjudicated (excluding appeals) only in a state or federal court located in New Jersey, and each party hereto knowingly, voluntarily and intentionally waives any objection which such party may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and irrevocably submits to the exclusive personal jurisdiction of any such court in any such action, suit or proceeding.
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RENTER represents and covenants that he/she entered into this Agreement without any coercion, duress or undue influence and that they have read and understand all of the provisions herein and deem it fair and reasonable, intending to be bound thereby.
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- THE TERMS AND CONDITIONS OF THIS CONTRACT AND ATTACHMENTS CONTAIN THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN RENTAL COMPANY AND THE RENTER. NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL CONTRACT.
I, (WE), HAVE READ ALL PAGES OF THIS CONTRACT AND ALL ATTACHMENTS AND FULLY UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH HEREIN. I (WE) ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY CONTAINED HEREIN TO THE CONTRARY, THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE SAME IS FULLY EXECUTED BY ALL PARTIES TO BE CHARGED HEREUNDER.
- I, the renter, acknowledge that I have received adequate instruction in the operation of the rented vessel, and I feel confident in my abilities to operate the vessel safely.
I. DISCLAIMER
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Rental Company (For purposes of this Waiver and Release, the term “Rental Company” includes all employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of 2304 East Bay, LLC). The undersigned agrees that he/she is also signing this Release on behalf of the undersigned’s minor children. Renter agrees that he/she will disclose to Rental Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Rental Company of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence of Rental Company.
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II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Rental Company at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence of Rental Company.
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III. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that Rental Company shall not be liable for any damages arising from personal injuries and/or property loss sustained by the undersigned or any minor children under the undersigned’s custody, care and control, as a result of any and all actives related to the rental, operation, or use of equipment provided by Rental Company including but not limited to drowning and other related injuries, collisions with other watercraft or stationary objects, physical contract/collisions with rental equipment itself or the wake created by the same, and injuries or damages stemming from mechanical, design or equipment related failures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Rental Company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Rental Company shall not be responsible for any such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE BY RENTAL COMPANY, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Rental Company.
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IV. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Rental Company for all personal injuries, property damages, or any other damages to any and all third parties, including but not limited to, operators and passengers of other watercraft and minor child under the undersigned’s custody, care and control, as a result of any and all activities related to the rental, operation or use of equipment provide by Rental Company, even if such damages arise out of the negligence of Rental Company.
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V. ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned also understands that he/she has an opportunity to bargain for different waiver of liability terms and voluntarily waives his/her right to do so. By executing this document, the undersigned warrants that he/she is fully aware that he/she is waving any right he/she may have to bring a legal action to assert a claim against Rental Company of Rental Company’s negligence.
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VI. SEVERABILITY
The undersigned hereby agrees that in the event any term or any part of any term of this Agreement is determined to be void or unenforceable, such term or part of a term shall be considered separate and severable from this Agreement and the remaining terms shall continue in full force and effect.
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